FiscalNote/billsum · Datasets at Hugging Face

SECTION. 1. CONVEYANCE OF PROPERTY IN UMNAK ISLAND, ALASKA. (a) Authority To Convey.--Subject to the conditions set forth in subsections (b) and (c)(3), the Secretary of the Interior shall convey to the Chaluka Corporation, the Alaska Native Claims Settlement Act village corporation for the Native Village of Nikolski, Umnak Island, Alaska-- (1) Phase I lands, not later than September 30, 2002; and (2) Phase II lands, upon completion of environmental restoration by the Department of the Air Force following written notification described in subsection (c)(1). (b) Treatment as ANCSA Lands.-- (1) In general.--Any lands conveyed under subsection (a) shall be deemed, at the time of conveyance, to be selected under section 12(a) or (b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1611(a) or (b)). (2) Reprioritization of land selections.--The Chaluka Corporation shall reprioritize its remaining selections under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) upon the conveyance of both Phase I and Phase II lands under this section. (c) Environmental Restoration.-- (1) Air force notification.--The Secretary of the Air Force shall send written notification to the Secretary of the Interior as soon as environmental restoration of Phase II lands is complete. (2) Authorization for cleanup of power house land.--There are authorized to be appropriated to the Secretary of the Air Force such sums as are necessary to perform environmental restoration of the contaminated land beneath and adjacent to the power house owned by the Native Village of Nikolski, Alaska. (3) Federal government access.--The Chaluka Corporation shall permit, without cost of the United States, reasonable airfield landing and takeoff rights, and such rights of entry as are necessary, to the United States Government, its agents, and its employees for site investigation, environmental restoration, and environmental monitoring of the former Nikolski Radio Relay Site. (d) Cemetery Lands.--There are authorized to be appropriated to the Secretary of the Interior, to provide to the Chaluka Corporation, such sums as are necessary to-- (1) move the graves from the cemetery now located beneath the Nikolski airstrip and the land adjacent to the airstrip; (2) relocate the graves to a location on Umnak Island acceptable to the Chaluka Corporation and the Russian Orthodox Church; and (3) restore the airstrip to its original usable condition. (e) Removal of Lands From Refuge.-- (1) In general.--Effective on the date of conveyance under this section to the Chaluka Corporation of Phase I lands and Phase II lands, respectively, such lands-- (A) are removed from the National Wildlife Refuge System; (B) shall not be considered to be part of the Alaska Maritime National Wildlife Refuge; and (C) shall not be subject to any laws pertaining to lands within the boundaries of the Alaska Maritime National Wildlife Refuge, including the conveyance restrictions imposed by section 22(g) of the Alaska Native Claims Settlement Act (43 U.S.C. 1621(g)), for land in the National Wildlife Refuge System. (2) Adjustment of boundaries.--The Secretary of the Interior shall adjust the boundaries of the Alaska Maritime National Wildlife Refuge in accordance with paragraph (1). (f) Survey Requirements.-- (1) BLM surveys.--The Bureau of Land Management is not required to conduct additional on-the-ground surveys as a result of conveyances under this section, except that the patent to the Chaluka Corporation may be based on protracted section lines and lotting where the reprioritization under subsection (b)(2) results in a change to the Chaluka Corporation's final boundaries. (2) Monumentation.--No additional monumentation is required to complete the Chaluka Corporation's final entitlement. (3) Survey of chaluka corporation lands.--Nothing in this section relieves the Bureau of Land Management of its obligation to survey lands conveyed to the Chaluka Corporation under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.). Any unsurveyed boundaries of the lands conveyed to the Chaluka Corporation under this section shall be surveyed and monumented by the Bureau of Land Management at the time it performs its survey of the Corporation's final boundaries under that Act. (g) Definitions.--In this section: (1) Former nikolski radio relay site.--The term ``former Nikolski Radio Relay Site'' means Tracts A, B, and C of Public Land Order 2374. (2) Phase i lands.--The term ``Phase I lands'' means the surface estate in Tract B of Public Land Order 2374, except-- (A) the power house area that requires environmental restoration, the boundaries for which are described generally as commencing at the point where the southern boundary of such Tract B intersects with the road accessing the Nikolski airstrip, then meandering in a northeasterly direction along the easterly boundary of that road until the road intersects with the Nikolski airport fence, then proceeding southeasterly along the airport fence to the point where the fence turns due east, then due south to the southern boundary of such Tract B, and then due west along that southern boundary to the commencement point; (B) the contaminated area within Tract B of Public Land Order 2374 located in the vicinity of the point where the hazardous materials site fence intersects the northern boundary of such Tract B; (C) those portions of United States Survey 3890 that are within the boundaries of Tract B of Public Land Order 2374; (D) those portions of Tract B of United States Survey 4904 that are within the boundaries of Tract B of Public Land Order 2374; and (E) Tract B of United States Survey 808. (3) Phase ii lands.--The term ``Phase II lands'' means the surface estate in-- (A) Tracts A and C of Public Land Order 2374; and (B) the areas referred to in paragraphs (2)(A) and (B).

Directs the Secretary of the Interior (the Secretary) to convey to the Chaluka Corporation, the Alaska Native Claims Settlement Act village corporation for the Native Village of Nikolski, Umnak Island, Alaska, the surface estate in: (1) specified Phase I lands in the former Nikolski Radio Relay Site by September 30, 2002; and (2) specified Phase II lands in such site, upon completion of environmental restoration by the Department of the Air Force.Deems any such lands conveyed to be selected under the Alaska Native Claims Settlement Act and requires the Chaluka Corporation to reprioritize its remaining selections under such Act.Authorizes appropriations to the Secretary of the Air Force for the environmental restoration of the contaminated land beneath and adjacent to the power house owned by the Native Village.Requires the Corporation to permit airfield landing and takeoff rights and such rights of entry as are necessary to the Government for site investigation, environmental restoration, and environmental monitoring of the Site.Authorizes appropriations to the Secretary for the Corporation to: (1) move the graves from the cemetery now located beneath the Nikolski airstrip and land adjacent to it; (2) relocate such graves to a location on Umnak Island acceptable to the Corporation and the Russian Orthodox Church; and (3) restore such airstrip to its original usable condition.Removes such conveyed lands from the National Wildlife Refuge System and provides that they shall not be considered to be part of the Alaska maritime National Wildlife Refuge or subject to any laws pertaining to Refuge lands.

To provide for the conveyance of certain property in the State of Alaska, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Security for American Consumers Act of 2001''. SEC. 2. EXTENSION OF CREDIT FOR PRODUCING FUEL FROM A NONCONVENTIONAL SOURCE. (a) Extension of Credit.--Subsection (f) of section 29 of the Internal Revenue Code of 1986 (relating to credit for producing fuel from a nonconventional source) is amended-- (1) in paragraph (1)(A), by inserting before ``or'' the following: ``or from a well drilled after December 30, 2000, and before January 1, 2012,'', (2) in paragraph (1)(B), by inserting before ``and'' at the end the following: ``or placed in service after December 30, 2000, and before January 1, 2012,'', and (3) by striking paragraph (2) and inserting the following: ``(2) which are-- ``(A) sold before January 1, 2003, in the case of wells drilled or facilities placed in service before January 1, 1993, and ``(B) sold before January 1, 2014, in the case of wells drilled or facilities placed in service before January 1, 2012.''. (b) Reduction in Amount of Credit by 20 Percent Per Year Starting in 2010.--Subsection (a) of section 29 of such Code is amended to read as follows: ``(a) Allowance of Credit.-- ``(1) In general.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to-- ``(A) the applicable amount, multiplied by ``(B) the barrel-of-oil equivalent of qualified fuels-- ``(i) sold by the taxpayer to an unrelated person during the taxable year, and ``(ii) the production of which is attributable to the taxpayer. ``(2) Applicable amount.--For purposes of paragraph (1), the applicable amount is the amount determined in accordance with the following table: ``In the case of taxable The applicable amount years beginning in calendar year: is: 2002 to 2011......................... $3.00 2012................................. $2.60 2013................................. $2.00 2014................................. $1.40 2015................................. $0.80 2016 and thereafter.................. $0.00.'' (c) Credit Allowed Against Both Regular Tax and Alternative Minimum Tax.--Paragraph (6) of section 29(b) of such Code is amended to read as follows: ``(6) Application with other credits.--The credit allowed by subsection (a) for any taxable year shall not exceed the excess of-- ``(A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(B) the sum of the credits allowable under this part (other than subpart C and this section) and under section 1397E.'' (d) Qualified Fuels To Include Heavy Oil.--Subsection (c) of section 29 of such Code (defining qualified fuels) is amended-- (1) in paragraph (1), by striking ``and'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(D) heavy oil, as defined in section 613A(c)(6)(7).'', and (2) by adding at the end the following new paragraph: ``(4) Special rule for heavy oil.--Heavy oil shall be considered to be a qualified fuel only if it is produced from a well drilled, or in a facility placed in service, after the date of the enactment of the Energy Security for American Consumers Act of 2001, and before January 1, 2012.'' (e) Barrel-of-Oil Equivalent in the Case of Natural Gas.--Paragraph (5) of section 29(d) of such Code is amended by adding at the end the following: ``In the case of natural gas, the term means MCF (determined at standard temperature and pressure).'' (f) Applicability to Certain Facilities.--Paragraph (1) of section 29(g) of such Code is amended to read as follows: ``(1) In general.--In the case of a facility for producing qualified fuels described in subparagraph (B)(ii) or (C) of subsection (c)(1), for purposes of subsection (f)(1)(B), such facility shall be treated as being placed in service before January 1, 1993, if such facility is placed in service before July 1, 1998, pursuant to a binding written contract in effect before January 1, 1997.''. (g) Effective Date.--The amendments made by this Act shall apply to taxable years beginning after December 31, 2001.

Energy Security for American Consumers Act of 2001 - Amends the Internal Revenue Code to extend the production and sales eligibility dates respecting the credit for production of fuel from a nonconventional source.Sets forth a credit phaseout and disallows it as of tax year 2016.Includes certain heavy oil as a qualified fuel.

To amend the Internal Revenue Code of 1986 to extend the section 29 credit for producing fuel from a nonconventional source.

SECTION 1. MENTAL ILLNESS RESEARCH, EDUCATION, AND CLINICAL CENTERS. (a) In General.--Subchapter II of chapter 73 of title 38, United States Code, is amended by adding at the end the following: ``Sec. 7319. Mental illness research, education, and clinical centers ``(a) The purpose of this section is to improve the provision of health-care services and related counseling services to eligible veterans suffering from mental illness, especially mental illness related to service-related conditions, through research (including research on improving mental health service facilities of the Department and on improving the delivery of mental health services by the Department), education and training of personnel, and the development of improved models and systems for the furnishing of mental health services by the Department. ``(b)(1) In order to carry out the purpose of this section, the Secretary, upon the recommendation of the Under Secretary for Health and pursuant to the provisions of this subsection, shall-- ``(A) designate not more than five health-care facilities of the Department as the locations for a center of research on mental health services, on the use by the Department of specific models for furnishing such services, on education and training, and on the development and implementation of innovative clinical activities and systems of care with respect to the delivery of such services by the Department; and ``(B) subject to the appropriation of funds for such purpose, establish and operate such centers at such locations in accordance with this section. ``(2) The Secretary shall designate at least one facility under paragraph (1) not later than January 1, 1994. ``(3) The Secretary shall, upon the recommendation of the Under Secretary for Health, ensure that the facilities designated for centers under paragraph (1) are located in various geographic regions. ``(4) The Secretary may not designate any health-care facility as a location for a center under paragraph (1) unless-- ``(A) the peer review panel established under paragraph (5) has determined under that paragraph that the proposal submitted by such facility as a location for a new center under this subsection is among those proposals which have met the highest competitive standards of scientific and clinical merit; and ``(B) the Secretary, upon the recommendation of the Under Secretary for Health, determines that the facility has developed (or may reasonably be anticipated to develop)-- ``(i) an arrangement with an accredited medical school which provides education and training in psychiatry and with which the facility is affiliated under which arrangement residents receive education and training in psychiatry through regular rotation through the facility so as to provide such residents with training in the diagnosis and treatment of mental illness; ``(ii) an arrangement with an accredited graduate school of psychology under which arrangement students receive education and training in clinical, counseling, or professional psychology through regular rotation through the facility so as to provide such students with training in the diagnosis and treatment of mental illness; ``(iii) an arrangement under which nursing, social work, or allied health personnel receive training and education in mental health care through regular rotation through the facility; ``(iv) the ability to attract scientists who have demonstrated creativity and achievement in research-- ``(I) into the evaluation of innovative approaches to the design of mental health services; or ``(II) into the causes, prevention, and treatment of mental illness; ``(v) a policymaking advisory committee composed of appropriate mental health-care and research personnel of the facility and of the affiliated school or schools to advise the directors of the facility and the center on policy matters pertaining to the activities of the center during the period of the operation of the center; and ``(vi) the capability to evaluate effectively the activities of the center, including activities relating to the evaluation of specific efforts to improve the quality and effectiveness of mental health services provided by the Department at or through individual facilities. ``(5)(A) In order to provide advice to assist the Under Secretary for Health and the Secretary to carry out their responsibilities under this section, the official within the Central Office of the Veterans Health Administration responsible for mental health and behavioral sciences matters shall establish a panel to assess the scientific and clinical merit of proposals that are submitted to the Secretary for the establishment of new centers under this subsection. ``(B) The membership of the panel shall consist of experts in the fields of mental health research, education and training, and clinical care. Members of the panel shall serve as consultants to the Department for a period of no longer than six months. ``(C) The panel shall review each proposal submitted to the panel by the official referred to in subparagraph (A) and shall submit its views on the relative scientific and clinical merit of each such proposal to that official. ``(D) The panel shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). ``(c) Clinical and scientific investigation activities at each center may compete for the award of funding from amounts appropriated for the Department of Veterans Affairs medical and prosthetics research account and shall receive priority in the award of funding from such account insofar as funds are awarded to projects and activities relating to mental illness. ``(d) The Under Secretary for Health shall ensure that at least three centers designated under subsection (b)(1)(A) emphasize research into means of improving the quality of care for veterans suffering from mental illness through the development of community-based alternatives to institutional treatment for such illness. ``(e) The Under Secretary for Health shall ensure that useful information produced by the research, education and training, and clinical activities of the centers established under subsection (b)(1) is disseminated throughout the Veterans Health Administration through publications and through programs of continuing medical and related education provided through regional medical education centers under subchapter VI of chapter 74 of this title and through other means. ``(f) The official within the Central Office of the Veterans Health Administration responsible for mental health and behavioral sciences matters shall be responsible for supervising the operation of the centers established pursuant to subsection (b)(1). ``(g)(1) There are authorized to be appropriated for the Department of Veterans Affairs for the basic support of the research and education and training activities of the centers established pursuant to subsection (b)(1) the following: ``(A) $3,125,000 for fiscal year 1994. ``(B) $6,250,000 for each of fiscal years 1995 through 1997. ``(2) In addition to the funds available under the authorization of appropriations in paragraph (1), the Under Secretary for Health shall allocate to such centers from other funds appropriated generally for the Department of Veterans Affairs medical care account and the Department of Veterans Affairs medical and prosthetics research account such amounts as the Under Secretary for Health determines appropriate in order to carry out the purposes of this section.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 73 of such title is amended by adding at the end of the matter relating to subchapter II the following: ``7319. Mental illness research, education, and clinical centers.''. (c) Reports.--Not later than February 1 of each of 1995, 1996, and 1997, the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the status and activities during the previous fiscal year of the mental illness, research, education, and clinical centers established pursuant to section 7319 of title 38, United States Code (as added by subsection (a)). Each such report shall contain the following: (1) A description of-- (A) the activities carried out at each center and the funding provided for such activities; (B) the advances made at each center in research, education and training, and clinical activities relating to mental illness in veterans; and (C) the actions taken by the Under Secretary for Health pursuant to subsection (d) of such section (as so added) to disseminate useful information derived from such activities throughout the Veterans Health Administration. (2) The Secretary's evaluations of the effectiveness of the centers in fulfilling the purposes of the centers. (d) Technical Amendment.--Section 7314(d)(1) of such title is amended by striking out ``the Chief Medical Director'' and inserting in lieu thereof ``the Under Secretary for Health''. Passed the Senate March 24 (legislative day, February 22), 1994. Attest: WALTER J. STEWART, Secretary.

Directs the Secretary of Veterans Affairs to: (1) designate not more than five facilities of the Department of Veterans Affairs as locations for centers of mental illness research, education and training, and clinical activities; (2) subject to appropriations, establish and operate such centers; (3) designate one such center by January 1, 1994; and (4) ensure that such centers are located in various geographic regions. Requires the official within the Central Office of the Veterans Health Administration responsible for mental health and behavioral science matters to establish a panel to assess the scientific and clinical merit of proposals submitted to the Secretary for the establishment of new centers. Requires at least three centers to emphasize research into improving the quality of care provided to mentally ill veterans through the development of community-based alternatives to institutional treatment. Requires the Under Secretary for Health of the Department to: (1) ensure that research conducted at such centers includes an appropriate emphasis on the psychosocial dimension of mental illness and on the means of furnishing care and treatment to veterans suffering from mental illness; and (2) disseminate information produced at such centers. Authorizes appropriations. Requires reports.

A bill to amend title 38, United States Code, to require the establishment in the Department of Veterans' Affairs of mental illness research, education, and clinical centers, and for other purposes.

approving the temporary suspension of the restriction of export licenses. ``g. As used in this section-- ``(1) the term `alternative nuclear reactor fuel or target' means a nuclear reactor fuel or target which is enriched to less than 20 percent in the isotope U-235; ``(2) the term `highly enriched uranium' means uranium enriched to 20 percent or more in the isotope U-235; ``(3) a fuel or target `can be used' in a nuclear research or test reactor if-- ``(A) the fuel or target has been qualified by the Reduced Enrichment Research and Test Reactor Program of the Department of Energy; and ``(B) use of the fuel or target will permit the large majority of ongoing and planned experiments and medical isotope production to be conducted in the reactor without a large percentage increase in the total cost of operating the reactor; and ``(4) the term `medical isotope' includes molybdenum-99, iodine-131, xenon-133, and other radioactive materials used to produce a radiopharmaceutical for diagnostic or therapeutic procedures or for research and development.''. SEC. 5. REPORT ON DISPOSITION OF EXPORTS. Not later than 1 year after the date of the enactment of this Act, the Chairman of the Nuclear Regulatory Commission, after consulting with other relevant agencies, shall submit to the Congress a report detailing the current disposition of previous United States exports of highly enriched uranium used as fuel or targets in a nuclear research or test reactor, including-- (1) their location; (2) whether they are irradiated; (3) whether they have been used for the purpose stated in their export license; (4) whether they have been used for an alternative purpose and, if so, whether such alternative purpose has been explicitly approved by the Commission; (5) the year of export, and reimportation, if applicable; (6) their current physical and chemical forms; and (7) whether they are being stored in a manner which adequately protects against theft and unauthorized access. SEC. 6. DOMESTIC MEDICAL ISOTOPE PRODUCTION. (a) In General.--Chapter 10 of the Atomic Energy Act of 1954 (42 U.S.C. 2131 et seq.) is amended by adding at the end the following: ``Sec. 112. Domestic Medical Isotope Production.-- ``a. The Commission may issue a license, or grant an amendment to an existing license, for the use in the United States of highly enriched uranium as a target for medical isotope production in a nuclear reactor, only if, in addition to any other requirement of this Act-- ``(1) the Commission determines that-- ``(A) there is no alternative medical isotope production target, enriched in the isotope U-235 to less than 20 percent, that can be used in that reactor; and ``(B) the proposed recipient of the medical isotope production target has provided assurances that, whenever an alternative medical isotope production target can be used in that reactor, it will use that alternative in lieu of highly enriched uranium; and ``(2) the Secretary of Energy has certified that the United States Government is actively supporting the development of an alternative medical isotope production target that can be used in that reactor. ``b. As used in this section-- ``(1) the term `alternative medical isotope production target' means a nuclear reactor target which is enriched to less than 20 percent of the isotope U-235; ``(2) a target `can be used' in a nuclear research or test reactor if-- ``(A) the target has been qualified by the Reduced Enrichment Research and Test Reactor Program of the Department of Energy; and ``(B) use of the target will permit the large majority of ongoing and planned experiments and medical isotope production to be conducted in the reactor without a large percentage increase in the total cost of operating the reactor; ``(3) the term `highly enriched uranium' means uranium enriched to 20 percent or more in the isotope U-235; and ``(4) the term `medical isotope' includes molybdenum-99, iodine-131, xenon-133, and other radioactive materials used to produce a radiopharmaceutical for diagnostic or therapeutic procedures or for research and development.''. (b) Table of Contents.--The table of contents for the Atomic Energy Act of 1954 is amended by inserting the following new item at the end of the items relating to chapter 10 of title I: ``Sec. 112. Domestic medical isotope production.''. SEC. 7. ANNUAL DEPARTMENT REPORTS. (a) In General.--Not later than 1 year after the date of enactment of this Act, and annually thereafter for 5 years, the Secretary shall report to Congress on Department actions to support the production in the United States, without the use of highly enriched uranium, of molybdenum-99 for medical uses. (b) Contents.--The reports shall include the following: (1) For medical isotope development projects-- (A) the names of any recipients of Department support under section 3; (B) the amount of Department funding committed to each project; (C) the milestones expected to be reached for each project during the year for which support is provided; (D) how each project is expected to support the increased production of molybdenum-99 for medical uses; (E) the findings of the evaluation of projects under section 3(a)(2); and (F) the ultimate use of any Department funds used to support projects under section 3. (2) A description of actions taken in the previous year by the Secretary to ensure the safe disposition of spent nuclear fuel and radioactive waste for which the Department is responsible under section 3(c). SEC. 8. NATIONAL ACADEMY OF SCIENCES REPORT. (a) In General.--The Secretary shall enter into an arrangement with the National Academy of Sciences to conduct a study of the state of molybdenum-99 production and utilization, to be provided to Congress not later than 5 years after the date of enactment of this Act. (b) Contents.--The report shall include the following: (1) For molybdenum-99 production-- (A) a list of all facilities in the world producing molybdenum-99 for medical uses, including an indication of whether these facilities use highly enriched uranium in any way; (B) a review of international production of molybdenum-99 over the previous 5 years, including-- (i) whether any new production was brought online; (ii) whether any facilities halted production unexpectedly; and (iii) whether any facilities used for production were decommissioned or otherwise permanently removed from service; and (C) an assessment of progress made in the previous 5 years toward establishing domestic production of molybdenum-99 for medical uses, including the extent to which other medical isotopes that have been produced with molybdenum-99, such as iodine-131 and xenon-133, are being used for medical purposes. (2) An assessment of the progress made by the Department and others to eliminate all worldwide use of highly enriched uranium in reactor fuel, reactor targets, and medical isotope production facilities. SEC. 9. REPEAL. The Nuclear Safety Research, Development, and Demonstration Act of 1980 (42 U.S.C. 9701 et seq.) is repealed. SEC. 10. BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage. Passed the Senate November 17, 2011. Attest: NANCY ERICKSON, Secretary.

American Medical Isotopes Production Act of 2011 - (Sec. 3) Directs the Secretary of Energy (DOE) to implement a technology-neutral program to evaluate and support projects for the production in the United States (except in certain circumstances without the use of highly enriched uranium) of significant quantities of molybdenum-99 for medical uses, implemented in cooperation with non-federal entities, whose costs shall be shared in accordance with certain cost sharing requirements of the Energy Policy Act of 2005. Directs the Secretary to: (1) develop and update annually a program plan through public workshops; (2) use the Nuclear Science Advisory Committee to conduct annual reviews of progress in achieving program goals; and (3) implement a program to provide assistance for the development of fuels, targets, and processes for domestic molybdenum-99 production that do not use highly enriched uranium, and for commercial operations using them. Requires the Secretary to establish a program to make low enriched uranium available, through lease contracts, for irradiation for molybdenum-99 production for medical uses. Requires such contracts to provide for the producers of the molybdenum-99 to take title to and be responsible for the molybdenum-99 created by the irradiation, processing, or purification of uranium leased under this Act. Requires the contracts to require the Secretary to: (1) retain responsibility for the final disposition of spent nuclear fuel created under this Act for medical isotopes production; and (2) take title to and be responsible for final disposition of radioactive waste created by the irradiation, processing, or purification of uranium leased under this Act for which the producer does not have access to a disposal path. Requires the producer of the spent nuclear fuel and radioactive waste to characterize accurately, package appropriately, and transport the spent nuclear fuel and radioactive waste before its acceptance by DOE. Prohibits the Secretary from exchanging uranium for specified services. Deems radioactive material resulting from the production of medical isotopes that has been permanently removed from a reactor or subcritical assembly, and for which there is no further use, to be low-level radioactive waste if it is acceptable under federal requirements for disposal as low-level radioactive waste. (Sec. 4) Amends the Atomic Energy Act of 1954 to: (1) prohibit the Nuclear Regulatory Commission (NRC) from issuing a license for the export of highly enriched uranium from the United States, beginning seven years after enactment of this Act; and (2) authorize an extension of this seven-year period for up to another six years if the Secretary makes specified certifications to certain congressional committees. Permits suspension of the export license restriction for a 12-month period if: (1) there is a critical shortage of molybdenum-99 to satisfy domestic U.S. medical isotope needs, (2) the Secretary certifies to Congress that the export of U.S.-origin highly enriched uranium for medical isotope production is the only effective temporary means to increase the supply of molybdenum-99 necessary to meet U.S. medical isotope needs during that period, and (3) Congress enacts a joint resolution approving the temporary suspension of such export license restriction. (Sec. 5) Requires the NRC Chairman to report to Congress on the current disposition of previous US exports of highly enriched uranium used as fuel or targets in a nuclear research or test reactor. (Sec. 6) Amends the Atomic Energy Act of 1954 to authorize the NRC to issue a license, or grant an amendment to an existing license, for use in the United States of highly enriched uranium as a target for medical isotope production in a nuclear reactor, but only if specified conditions are met, including certification by the Secretary that the federal government is actively supporting development of an alternative medical isotope production target that can be used in that reactor. (Sec. 7) Directs the Secretary to report to Congress annually for five years on DOE actions to support U.S. production of molybdenum-99 for medical uses without the use of highly enriched uranium. (Sec. 8) Instructs the Secretary to arrange with the National Academy of Sciences to study the state of molybdenum-99 production and utilization. (Sec. 9) Repeals the Nuclear Safety Research, Development, and Demonstration Act of 1980.

A bill to promote the production of molybdenum-99 in the United States for medical isotope production, and to condition and phase out the export of highly enriched uranium for the production of medical isotopes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Voting Restoration Act''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress makes the following findings: (1) The right to vote is guaranteed in the United States Constitution for all citizens. The right to vote in all governmental elections shall not be abridged or denied on the basis of race, sex, color, or previous conditions of servitude. Congress has ultimate supervisory power over Federal elections, and this authority has been upheld by the United States Supreme Court on numerous occasions. (2) There is no uniform eligibility standard for participating in Federal elections. Different States have different rules regarding the voting eligibility of ex-felons. While 48 States and the District of Columbia prohibit the voting participation of inmates while serving their sentences, 13 States disenfranchise some or all ex-offenders who have completed their sentences. Even in States that allow ex- offenders to vote, the process by which they regain that right makes it difficult for them to vote again. For example, in 8 States, a pardon or order from the Governor is required. In 2 States, the parole or pardon board must act. In addition, in 16 States Federal offenders are not able to regain their right to vote via the State procedure. Instead, those offenders must obtain a Presidential pardon. (3) An estimated 3,900,000 Americans, or approximately 2 percent of the adult population, currently are ineligible to vote as a result of felony conviction. Three-fourths of the disqualified voters are on probation or parole, or are ex- offenders. (4) In recent years, the number of incarcerated individuals has grown exponentially, due in part to onerous drug policies enacted by this body. Current studies point to the fact that 1 in 4 prison inmates in 1998 was incarcerated for a drug offense (compared to 1 in 10 in 1983), and that drug offenders constituted 58 percent of 1998 Federal prison inmates in 1998. The harsh drug laws are not just affecting our men; more than one-third of the women in prison are incarcerated for a drug offense. Overwhelmingly, these drug offenses are nonviolent. Moreover, the racially disparate sentencing laws regarding crack and powder cocaine have resulted in African-Americans being 31 percent of those convicted for Federal drug charges, even though they are only 12 percent of the United States population and 15 percent of drug users. (5) Minorities are disproportionately impacted by laws that remove a felon or ex-felon's right to vote. Currently 1,400,000, or 13 percent, of African-American men are barred from participating in Federal elections as a result of a felony conviction. (6) Congress should address these discrepancies and the impact they are having on minority communities. All Americans should be afforded the right to vote in Federal election, under basic principles of fundamental fairness and equal protection. (b) Purpose.--It is the purpose of this Act to restore the eligibility to vote and register to vote in Federal elections to individuals who have completed sentences for criminal offenses and promote the participation of such individuals in the civic life of their communities. SEC. 3. PROTECTION OF RIGHT TO VOTE AND REGISTER TO VOTE IN FEDERAL ELECTIONS. (a) In General.--The right of any individual to vote in an election for Federal office or to register to vote in such an election may not be denied or abridged on the grounds that the individual has been convicted of a felony, except that a State may restrict the right of such an individual to vote or register to vote in such an election during any period in which the individual remains under the custody or supervision of the State or local jurisdiction (including supervision through parole or probation). (b) Enforcement.-- (1) Private right of action.-- (A) Declaratory or injunctive relief.--(i) A person who is aggrieved by a violation of this Act may provide written notice of the violation to the chief election official of the State involved. (ii) If the violation is not corrected within 90 days after receipt of a notice under clause (i), or within 20 days after receipt of the notice if the violation occurred during the 120-day period which ends on the date of an election for Federal office, the aggrieved person may bring a civil action in an appropriate district court for declaratory or injunctive relief with respect to the violation. (iii) If the violation occurred during the 30-day period which ends on the date of an election for Federal office, the aggrieved person shall not be required to provide notice to the chief election official under clause (i) as a condition of bringing a civil action under clause (ii). (B) Compensatory damages.--If a violation of this Act occurs during the 3-day period which ends on the date of an election for Federal office, a civil action brought under subparagraph (A)(ii) may include a request for compensatory damages with respect to the violation. (2) Action by attorney general.--The Attorney General may bring a civil action in an appropriate district court for such declaratory or injunctive relief as may be necessary to remedy a violation of this Act. SEC. 4. GRANT PROGRAM TO ASSIST STATES IN PROTECTING RIGHTS OF EX- FELONS TO VOTE AND REGISTER TO VOTE IN FEDERAL ELECTIONS. (a) Establishment of Program.-- (1) In general.--There is hereby established a program under which the Attorney General shall award grants to eligible States during each of the first 5 fiscal years which begin after the date of the enactment of this Act to carry out a program to protect the rights of individuals who have been convicted of felonies to vote and register to vote in elections for Federal office in the State by-- (A) providing information to individuals convicted of felonies regarding their eligibility (or lack thereof) to register to vote and vote in the State (in accordance with the requirements of subsection (b)); and (B) carrying out a program to increase voter registration rates among such individuals (in accordance with the requirements of subsection (c)). (2) Eligibility requirements.--A State is eligible to receive a grant under the program under this section if it submits to the Attorney General (at such time and in such form as the Attorney General may require) an application containing-- (A) information and assurances that the State will carry out the program described in paragraph (1); and (B) such other information and assurances as the Attorney General may require. (3) Amount of grant.--The amount of a grant awarded to a State under this section for a fiscal year shall be equal to the product of-- (A) the total amount appropriated for the year for grants under this section; and (B) the amount (expressed as a percentage) equal to-- (i) the number of individuals residing in the State who have been convicted of felonies (based on the most recent information available); and (ii) the total number of such individuals residing in all States eligible to receive a grant under this section for the year (based on the most recent information available). (b) Program To Provide Information to Felons Regarding Voter Registration and Voting Rights and Status.-- (1) Requirements of program.--Each State receiving a grant under the program under this Act shall provide information to individuals convicted of felonies by the State (or local jurisdictions in the State) regarding their eligibility (or lack thereof) to register to vote and vote in the State through a program which meets the following requirements: (A) The program shall include the establishment and maintenance of an index of individuals convicted of felonies by the State (or local jurisdictions in the State) who are under the custody or supervision of the State or local jurisdiction (including supervision through parole or probation), or who were released from the custody or supervision of the State or local jurisdiction during the previous 10 years, including information with respect to each such individual regarding whether the individual has the right to register to vote in the State and whether the individual has exercised that right. (B) The State shall inform each individual engaged in plea bargaining with a State or local prosecutor of the impact of any proposed plea bargain on the individual's right to register to vote and vote. (C) The State shall inform each individual convicted of a felony of the individual's eligibility (or lack thereof) to register to vote and vote upon conviction, upon release from the custody of the State or local government, and upon the completion of any State or local supervision of the individual required as part of the individual's sentence. (D) The State shall carry out appropriate activities to notify such individuals of their right to register to vote and vote (in addition to the information required to be provided under subparagraph (C)), including providing information through the media, the Internet, the mails, and through cooperative agreements with public or private entities providing services or otherwise having contact with convicted felons. (2) Report to attorney general.--Each State receiving a grant for a year under the program under this Act shall submit a report to the Attorney General not later than 30 days after the end of the year describing the activities carried out under the program described in this subsection, and shall include in the report the number and percentage of individuals subject to such program who have been directly informed of their right to register to vote (or lack thereof). (3) Reduction in number of felonies causing loss of voting rights.--Each State receiving a grant under the program under this Act is encouraged to reduce the number of felonies which may result in the temporary or permanent disenfranchisement of convicted felons. (c) Program To Increase Voter Registration Rates Among Individuals Convicted of Felonies.-- (1) Requirements of program.--Each State receiving a grant under the program under this Act shall carry out a program to increase voter registration rates among individuals in the State convicted of felonies using such methods as the State considers appropriate and effective, so long as the program meets the following requirements: (A) The program shall include the establishment and maintenance of an index of individuals convicted of felonies who are eligible to register to vote in the State, including information on the number of such individuals who are registered to vote. (B) Under the program, the State shall carry out such activities as it considers appropriate to increase the voter registration rates of individuals convicted of felonies, so long as the rate at which such individuals are registered to vote in the State increases by at least 50% during the 5-year period which begins with the first year for which a State receives a grant under the program under this Act. (C) Under the program, the State shall carry out such activities as it considers appropriate to increase the rate at which individuals convicted of felonies who are registered to vote in the State actually vote in elections. (2) Assistance of providers of services.--In carrying out the program required under this subsection, the State shall seek to enter into cooperative agreements with public and private entities which provide services in the State to individuals convicted of felonies and utilize information and other assistance provided by such entities to meet the requirements of this subsection. (3) Report to attorney general.--Each State receiving a grant under the program under this Act for a year shall submit a report to the Attorney General not later than 30 days after the end of the year describing the activities carried out under the program described in this subsection, and shall include in the report the number and percentage of individuals in the State convicted of felonies who are registered to vote and who voted in the most recent elections held in the State. (d) Technical Assistance.--The Attorney General shall provide technical assistance to States receiving grants under the program under this Act to help the States in carrying out the programs funded with the grants. (e) Annual Report.--Not later than 30 days after the end of each year for which grants are awarded under the program under this Act, the Attorney General shall submit a report to the Committees on the Judiciary of the House of Representatives and Senate on the activities carried out under the program, including the information provided to the Attorney General by the States participating in the program. (f) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary for grants under this section for each of the first 5 fiscal years which begin after the date of the enactment of this Act. SEC. 5. RESPONSIBILITIES OF DEPARTMENT OF JUSTICE REGARDING INDIVIDUALS CONVICTED OF FEDERAL FELONIES. (a) Index of Individuals Convicted.--The Attorney General, acting through the Director of the Bureau of Prisons, shall establish and maintain an index of individuals convicted of felonies by the Federal Government who are under the custody or supervision of the Federal Government (including supervision through parole or probation), or who were released from the custody or supervision of the Federal Government during the previous 10 years. (b) Notice Requirement.--The Attorney General shall inform-- (1) each individual engaged in plea bargaining with a Federal prosecutor of the impact of any proposed plea bargain on the individual's right to register to vote and vote; and (2) each individual convicted of a felony of the individual's right to register to vote and vote (or lack thereof) upon conviction, upon release from the custody of the Federal Government, and upon the completion of any Federal or other supervision of the individual required as part of the individual's sentence. (c) Report to Congress.--Not later than 30 days after the end of each year, the Attorney General shall submit a report to the Committees on the Judiciary of the House of Representatives and Senate describing the activities carried out pursuant to this section, and shall include in the report the number and percentage of the individuals described in this section who have been directly informed by the Attorney General of their right to register to vote and vote (or lack thereof). SEC. 6. DEFINITIONS. In this Act-- (1) the term ``chief election official'' means (with respect to a State) the individual designated by the State under section 10 of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-8) to be responsible for coordination of the State's responsibilities under such Act; (2) the terms ``election'' and ``Federal office'' have the meanings given such terms in section 301 of the Federal Election Campaign Act of 1971 (2 U.S.C. 431); and (3) the term ``State'' means each of the several States, the District of Columbia, Puerto Rico, Guam, American Samoa, and the Virgin Islands. SEC. 7. RELATION TO OTHER LAWS. (a) No Effect on Other Elections.--Nothing in this Act may be construed to affect the eligibility of any individual to vote or register to vote in any election other than an election for Federal office. (b) No Effect on Voting Rights Act and National Voter Registration Act.--The rights and remedies established by this Act shall be in addition to any other rights and remedies provided by law. No provision of the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.) or the National Voter Registration Act of 1993 (42 U.S.C. 1973gg et seq.) shall be superseded, restricted, or otherwise limited by the rights and remedies established by this Act or any other provision of this Act.

Voting Restoration Act - Prohibits the denial or abridgement of the right of any individual to vote or to register to vote in an election for Federal office on the grounds of a felony conviction. Permits a State, however, to restrict such an individual's right to vote or register to vote during any period in which the individual remains under the custody or supervision of the State or local jurisdiction (including supervision through parole or probation). Establishes an enforcement mechanism, which includes authorizing: (1) a person aggrieved by a violation of this Act to bring a civil action in an appropriate district court for declaratory or injunctive relief with respect to the violation which may include a request for compensatory damages under specified conditions; and (2) the Attorney General to bring a civil action in an appropriate district court for such declaratory or injunctive relief as necessary to remedy a violation of this Act.Directs the Attorney General to award grants to eligible States to carry out a program to protect the right to vote and to register to vote in Federal elections of individuals who have been convicted of felonies.Requires each State receiving a grant to: (1) provide information to individuals convicted of felonies by the State (or local jurisdictions in the State) regarding their eligibility (or lack thereof) to register to vote and to vote in the State through a described program; and (2) carry out a program to increase voter registration rates among such individuals.Encourages States receiving program grants to reduce the number of felonies which may result in the temporary or permanent disenfranchisement of convicted felons.Outlines the responsibilities of the Department of Justice regarding individuals convicted of Federal felonies, including requiring the Attorney General to establish and to maintain an index of individuals convicted of felonies by the Federal Government who are under its custody or supervision (including supervision through parole or probation), or who were released from its custody or supervision during the previous ten years.

To restore the eligibility to vote and register to vote in Federal elections to individuals who have completed sentences for criminal offenses, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Missouri River Basin, Kansas and Nebraska, Pick-Sloan Project Facilities Transfer Act''. SEC. 2. DEFINITIONS. As used in this Act: (1) Project beneficiary.--(A) The term ``project beneficiary'' means one or more of the following irrigation districts or reclamation districts organized and operating under the laws of the State of Kansas or the State of Nebraska: (i) In Kansas, Kansas-Bostwick Irrigation District No. 2, Kirwin Irrigation District No. 1, Webster Irrigation District No. 4, and Almena Irrigation District No. 5; and (ii) In Nebraska, Ainsworth Irrigation District, Farwell Irrigation District, Sargent Irrigation District, Loup Basin Reclamation District, Frenchman- Cambridge Irrigation District and Nebraska Bostwick Irrigation District. (B) Such term may also include an organization established by one or more of the irrigation districts referred to in subparagraph (A) under laws of the States of Kansas and Nebraska authorizing the creation of interlocal cooperation entities or such term may include another political subdivision of the States of Kansas or Nebraska established by act of their respective State legislatures for the purpose of acquiring title to reclamation project property in accordance with this Act. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior or the Secretary of the Army, as appropriate, with jurisdiction over project facilities subject to this Act. (3) Reclamation project property.--The term ``reclamation project property'' means the following: (A) All contracts which are currently in effect between the United States and the project beneficiaries or other parties and which relate to the projects, project facilities and related programs, including any such contracts, written or not written to provide project use power from Federal power facilities. (B) All reclamation project distribution and drainage facilities, all reservoir and related diversion facilities and all related lands currently held by the United States which are subject to this Act. (C) All acquired lands, both surface and subsurface estate, within the respective reclamation projects. (D) All water rights held by the United States relating to the respective project facilities. (E) All outstanding leases or contracts on the lands associated with the respective projects. (F) All fund accounts held by the United States for any purposes related to the project. (G) All contracts, other than those listed under subparagraph (E), or other legal obligations in existence which have any impact upon the project facilities or the project operations and which may be required to be assumed or accepted by the project beneficiary. (H) All personal property, including operating equipment, tools and other tangible personal property, held by the United States for the purposes of operating the project or serving the project facilities. (I) All funds held in reserve or otherwise dedicated accounts in which funds have been paid by project beneficiaries or from other nonproject related revenues and which are, as of the date of enactment of this Act, held for project purposes. SEC. 3. TRANSFER OF MISSOURI RIVER BASIN, PICK-SLOAN PROJECTS FACILITIES. (a) General Authority.--Within 180 days after the date of enactment of this Act and upon tender of the specified consideration by the project beneficiary, the Secretary shall transfer, in fee title and free of all liens and encumbrances, the project described in section 6, including all right, title, and interest of the United States in and to the reclamation project property, to the project beneficiary of each such described project. (b) Consideration and Satisfaction of Outstanding Obligations.--The transfer of a project under subsection (a) shall be for the consideration specified for the project. The payment of the specified consideration for a project shall be in full and complete satisfaction of all obligations against the project facilities and the project beneficiaries existing before the date of transfer of the project under every contract entered into by and between the United States and the project beneficiaries. The completion of the transfer of all facilities as provided for in this Act and the payment of the consideration specified for each transferred project shall be deemed to constitute full and complete satisfaction of any and all obligations for further payments or repayments by the respective project sponsors for irrigation benefits of the project facilities and for any other benefits specifically transferred to the respective project sponsors. (c) Transfer Costs.--All costs of transfers carried out under this section shall be the obligation of the United States. (d) Transfer Documents.--The Secretary with the assistance of the project beneficiaries shall execute all necessary transfer documents and make all such filings or take all such actions as may be needed to consummate the transfers of reclamation project property. Such documents shall include (but not be limited to) land deeds, court proceedings, decrees, bills of sale, certificates of title, lease contract transfers, water rights certificates and amendment documents, and notice filings. (e) Present Vesting of Lease Benefits and Obligations.--The project beneficiaries to whom any project lands are to be transferred under this section shall be entitled to immediately assume the management of all existing and future leases and shall be entitled to any revenues accruing on or after the date of enactment of this Act. (f) Limitation.--The further transfer of any facilities or parts thereof of any project which are not specifically transferred by this Act shall only be carried out by the United States with the specific advice and consent of the project beneficiaries to which project facilities are to be transferred by this Act. SEC. 4. LIABILITY. Upon completion of the transfer of reclamation project property to the project beneficiaries as provided by this Act, the project beneficiaries shall assume sole responsibility and liability for the project and the project beneficiaries shall hold the United States harmless and indemnify the United States against any and all claims of damage, except that all project facilities transferred under this Act shall, as to the project beneficiaries, be free from liability for latent defects in such facilities unless all such defects were fully disclosed and the defects corrected or accepted in writing as to further future liability by the project beneficiaries. SEC. 5. PROJECT PURPOSES, OPERATIONS, AND COST ALLOCATIONS. (a) Continuation.--All facilities transferred in accordance with this Act shall be deemed to be committed to the purposes for which those facilities were authorized and constructed. Operations of all such transferred facilities shall be subject to the laws of the States of Kansas and Nebraska as set forth in the establishment and operation of irrigation or reclamation districts under those respective State laws. All cost allocations identified as reimbursable by other beneficiaries provided for as a part of the original authorizing laws for each transferred project shall remain due from those beneficiaries under the same provisions and in the same manner as originally approved from and after the date of enactment of this Act until paid. (b) Deemed Consent of Project Beneficiary.--The project beneficiary of each transferred project, upon accepting the transfer provided under this Act, shall be deemed to agree to operate, maintain, repair, replace and rehabilitate the project in a manner designed to carry out the intended purposes for which the project was developed and constructed, except that a transferred project or part thereof may be redirected to another already identified use or to another use if the project beneficiary determines that the public purpose for which the facilities were constructed is better served. (c) Termination of Mandates.--All mandates imposed by the Reclamation Act of 1902 (and all Acts supplementary thereto or amendatory thereof, including the Reclamation Reform Act of 1982, or by Department of the Interior or Army regulations, upon the project facilities, the project beneficiaries, or the individual water users for whom the respective projects are operated shall be terminated upon the completion of the transfers as provided by this Act. Any other Federal laws and regulations shall be administered upon the projects as they might be over any other non-Federal project. (d) Certain Acts Not Applicable.--The transfers directed by this Act are subject to the requirement that all transferred reclamation project property be used in accordance with this section. A transfer under this Act shall not-- (1) be deemed to constitute a major Federal action within the meaning of the National Environmental Policy Act of 1969 and shall therefore be deemed to satisfy all requirements of the National Environmental Policy Act of 1969 without further action; (2) constitute or be deemed a basis for invoking any provisions of the Endangered Species Act of 1973; (3) require certification under the provisions of the Federal Water Pollution Control Act; (4) be subject to the provisions of chapter 5 of title 5, United States Code (commonly known as the ``Administrative Procedures Act''); or (5) be considered a disposal of Federal surplus property under the provisions of the Federal Property and Administrative Services Act of 1949. SEC. 6. FACILITIES AFFECTED. (a) Ainsworth Unit.--The Ainsworth Unit, Missouri River Basin Project, shall consist of the project constructed and operated pursuant to the Act of December 22, 1944 (58 Stat. 887, Public Law 78-534), and the Act of August 21, 1954 (68 Stat. 757), and the Act of May 18, 1956 (Public Law 84-531), and which is situated in Cherry, Brown, and Rock Counties in Nebraska. The Ainsworth Unit shall be transferred to the Ainsworth Irrigation District as the project beneficiary upon the payment of $1,747,097 as consideration therefore. (b) Farwell Unit.--The Farwell Unit, Missouri River Basin Project, shall consist of the project constructed and operated pursuant to the Act of December 22, 1944 (58 Stat. 887, Public Law 78-534), and the Act of August 3, 1956 (70 Stat. 975), and which is situated in Howard, Sherman, Custer and Valley Counties in Nebraska. The Farwell Unit shall be transferred to the Farwell Irrigation District and to the Loup Basin Reclamation District as the project beneficiaries in such manner as elected by the beneficiaries upon the payment of $2,399,874 as consideration therefore. (c) Sargent Unit.--The Sargent Unit, Missouri River Basin Project, shall consist of the project constructed and operated pursuant to the Act of December 22, 1944 (58 Stat. 887, Public Law 78-534), and the Act of August 3, 1956 (70 Stat. 975), and which is situated in Blaine, Custer, and Valley Counties in Nebraska. The Sargent Unit shall be transferred to the Sargent Irrigation District and to the Loup Basin Reclamation District as the project beneficiaries in such manner as elected by the beneficiaries upon the payment of $565,862 as consideration therefore. (d) Frenchman-Cambridge Unit.--The Frenchman-Cambridge Unit, Missouri River Basin Project, shall consist of the project constructed and operated pursuant to the Act of December 22, 1944 (58 Stat. 887), by Act of Congress (Public Law 78-534), as a component of the Pick- Sloan Missouri Basin Program, and which is situated in Red Willow, Frontier, Hitchcock, Furnas and Harlan Counties in Nebraska. The Frenchman-Cambridge Unit shall be transferred to the Frenchman- Cambridge Irrigation District or to another project beneficiary designated by the Irrigation District as the project beneficiaries upon the payment of $1,478,291 as consideration therefore. (e) Bostwick Unit.--The Bostwick Unit, Missouri River Basin Project, shall consist of the projects constructed and operated pursuant to the Act of December 22, 1944 (58 Stat. 887), by Act of Congress (Public Law 78-534) as a component of the Pick-Sloan Missouri Basin Program, and which are situated in Harlan, Franklin, Webster and Nuckolls Counties in Nebraska, and Republic, Jewell and Cloud Counties in Kansas. The reclamation project property of the Bostwick Unit shall include all constructed facilities deemed to be a part of the irrigation operations for the Unit and shall include only that part of the Harlan County Dam and Reservoir required for irrigation storage and irrigation use. For purposes of this transfer such irrigation storage shall include water storage capacity between elevation 1925.0 and 1946.0 M.S.L. In accordance with the conditions set forth herein the irrigation storage and operations agreements now in effect between the United States Army Corps of Engineers, and the United States Department of Interior, Bureau of Reclamation, shall be the basis for future operations between the United States Army Corps of Engineers, and the project sponsors. The parts of the Bostwick Unit necessary to the operations of the Nebraska portion of the project shall be transferred to the Nebraska Bostwick Irrigation District or to another project beneficiary designated by the Irrigation District as the project beneficiaries. The parts of the Bostwick Unit necessary to the operations of the Kansas portion of the project shall be transferred to the Kansas-Bostwick Irrigation District No. 2 or to another project beneficiary designated by the Irrigation District as the project beneficiaries. The payment of $4,333,804 shall constitute consideration for the Bostwick Unit. (f) Almena Unit.--The Almena Unit, Missouri River Basin Project, shall consist of the project constructed and operated pursuant to the Act of December 22, 1944 (58 Stat. 887, Public Law 78-534), and the Flood Control Act of 1946 (Public Law 78-526), and which is situated in Norton and Phillips Counties in Kansas. The Almena Unit shall be transferred to the Almena Irrigation District No. 5 or to another project beneficiary designated by the Irrigation District as the project beneficiaries upon the payment of $112,631 as consideration therefore. (g) Kirwin Unit.--The Kirwin Unit, Missouri River Basin Project, shall consist of the project constructed and operated pursuant to the Act of December 22, 1944 (58 Stat. 887, Public Law 78-534), and the Flood Control Act of 1946 (Public Law 78-526), and which is situated in Phillips, Smith, and Osborn Counties in Kansas. The Kirwin Unit shall be transferred to the Kirwin Irrigation District No. 1 or to another project beneficiary designated by the Irrigation District as the project beneficiaries upon the payment of $253,967 as consideration therefore. (h) Webster Unit.--The Webster Unit, Missouri River Basin Project, shall consist of the project constructed and operated pursuant to the Act of December 22, 1944 (58 Stat. 887, Public Law 78-534), and the Flood Control Act of 1946 (Public Law 78-526), and which is situated in Rooks and Osborn Counties in Kansas. The Webster Unit shall be transferred to the Webster Irrigation District No. 4 or to another project beneficiary designated by the Irrigation District as the project beneficiaries upon the payment of $232,012 as consideration therefore.

Missouri River Basin, Kansas and Nebraska, Pick-Sloan Project Facilities Transfer Act - Directs the Secretary of the Interior or the Secretary of the Army, as appropriate, to transfer specified Missouri River Basin, Pick-Sloan project facilities in Kansas and Nebraska, including all right, title, and interest of the United States in and to specified reclamation project property, to the project beneficiary. Sets forth provisions regarding consideration and satisfaction of outstanding obligations, transfer costs, transfer documents, present vesting of lease benefits and obligations, and limits on further transfers. Specifies that, upon completion of the transfer of reclamation project property to the project beneficiaries, such beneficiaries shall assume sole responsibility and liability for the projects and shall hold the United States harmless and indemnify the United States against any claims of damage, with exceptions. Sets forth provisions regarding project purposes, operations, and cost allocations.

Missouri River Basin, Kansas and Nebraska, Pick-Sloan Project Facilities Transfer Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Debt Management and Fiscal Responsibility Act of 2016''. SEC. 2. SECRETARY OF THE TREASURY REPORT TO CONGRESS BEFORE REACHING DEBT LIMIT. (a) In General.--Subchapter II of chapter 31 of title 31, United States Code, is amended by adding at the end the following: ``Sec. 3131. Report before reaching debt limit ``(a) In General.--Not later than 60 days and not earlier than 21 days before any date on which the Secretary of the Treasury anticipates the public debt will reach the limit specified under section 3101, as modified by section 3101A, the Secretary shall appear before the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate, to submit the information described under subsection (b). ``(b) Information Required To Be Presented.--In an appearance described under subsection (a), the Secretary of the Treasury shall submit the following: ``(1) Debt report.--A report on the state of the public debt, including-- ``(A) the historical levels of the debt, current amount and composition of the debt, and future projections of the debt; ``(B) the historical levels of Federal revenue, including corporate and individual Federal income taxes as a percent of the gross domestic product; ``(C) the drivers and composition of future debt; ``(D) how, if the debt limit is raised, the United States will meet debt obligations, including principal and interest; ``(E) any reduction measures the Secretary intends to take to fund Federal Government obligations if the debt limit is not raised, including-- ``(i) notifying Congress when the limit has been reached; and ``(ii) notifying Congress when the Secretary has begun taking such measures and specifying which measures are currently being used; ``(F) if the President recommends that Congress adopt, in general, a balanced budget amendment to the Constitution of the United States to help control the accumulation of future debt; and ``(G) the most recent contingency plans formulated for any default on United States Treasury securities (stemming from, for example, cyberattack, terrorist attack, severe weather event, debt limit impasse, or any other contingency that could interrupt Treasury access to funding markets) or downgrade of the credit rating of the United States. ``(2) Statement of intent.--A detailed explanation of-- ``(A) proposals of the President to reduce the public debt in the short term (the current and following fiscal year), medium term (approximately 3 to 5 fiscal years), and long term (approximately 10 fiscal years), and proposals of the President to adjust the debt-to-gross domestic product ratio; ``(B) the impact an increased debt limit will have on future Federal Government spending, debt service, and the position of the United States dollar as the international reserve currency; ``(C) projections of fiscal health and sustainability of major direct-spending entitlement programs (including Social Security, Medicare, and Medicaid); ``(D) the plan of the President for each week that the debt of the United States is at the statutory limit, to publicly disclose, on the Web site of the Department of the Treasury-- ``(i) all reduction measures currently being used by the Secretary to avoid defaulting on obligations of the Federal Government; ``(ii) with respect to each reduction measure, whether or not such measure is currently being used-- ``(I) the total dollar amount of such measure that has been used; and ``(II) the total dollar amount of such measure that the Secretary estimates is still available for use; and ``(iii) the date on which the Secretary estimates that all reduction measures will be exhausted, and the Federal Government will begin defaulting on its obligations; and ``(E) any extraordinary measures the Secretary intends to take to fund Federal Government obligations if the debt limit is not raised, a projection of how long such extraordinary measures will fund the Federal Government, and a projection of the administrative cost of taking such extraordinary measures. ``(3) Progress report.-- ``(A) In general.--A detailed report on the progress of implementing all proposals of the President described under subparagraph (A) of paragraph (2). ``(B) Exception.--The report described under this paragraph shall only be submitted if the Secretary of the Treasury has already appeared at least once pursuant to this section during any term of office for a particular President. ``(c) Public Access to Information.--The Secretary of the Treasury shall place on the homepage of the Department of the Treasury a link to a webpage that shall serve as a repository of information made available to the public for at least 6 months following the date of release of the relevant information, including-- ``(1) the debt report submitted under subsection (b)(1); ``(2) the detailed explanation submitted under subsection (b)(2); ``(3) the progress report submitted under subsection (b)(3); and ``(4) the comprehensive summaries of contingency plans formulated for any debt default on United States Treasury securities or downgrade of the credit rating of the United States submitted under subsection (b)(1)(G). ``(d) Reduction Measures Defined.--For purposes of this section, the term `reduction measures' means each of the following: ``(1) Directing or approving the issuance of debt by the Federal Financing Bank for the purpose of entering into an exchange transaction for debt that is subject to the limit under this section. ``(2) Suspending investments in the Government Securities Investment Fund of the Thrift Savings Fund. ``(3) Suspending investments in the stabilization fund established under section 5302. ``(4) Suspending new investments in the Civil Service Retirement and Disability Fund or the Postal Service Retiree Health Benefits Fund. ``(5) Selling or redeeming securities, obligations, or other invested assets of the Civil Service Retirement and Disability Fund or the Postal Service Retiree Health Benefits Fund before maturity. ``(6) Such other measures as the Secretary determines appropriate.''. (b) Clerical Amendment.--The table of sections for chapter 31 of title 31, United States Code, is amended by inserting after the item relating to section 3130 the following: ``3131. Report before reaching debt limit.''. SEC. 3. ACCESS TO CERTAIN TREASURY DEPARTMENT DATA. Upon written request from the Chairman of the Committee on Finance of the Senate or the Committee on Ways and Means of the House of Representatives, the Secretary of the Treasury shall provide to the requesting Chairman financial and economic data relevant to determining the amount of the public debt of the United States, including-- (1) cash flow and debt transaction information used in preparing the Daily Treasury Statement, including current balances, receipts, and payments; (2) operating cash balance projections; (3) relevant information regarding any extraordinary measures taken to prevent the public debt from exceeding limitation imposed by section 3101(b) of title 31, United States Code, including-- (A) measures taken with respect to investments in the Civil Service Retirement and Disability Fund; (B) the suspension of the issuance of obligations to the Government Securities Investment Fund In the Thrift Savings Fund; and (C) measures taken with respect to the stabilization fund under section 5302 of title 31 of such Code; (4) contingency plans for addressing delayed payments on debt obligations; and (5) contingency plans for addressing ratings downgrades on debt obligations.

Debt Management and Fiscal Responsibility Act of 2016 This bill requires the Secretary of the Treasury to provide a report to Congress prior to any date on which Treasury anticipates the public debt will reach the statutory limit. The Secretary must appear before the House Ways and Means Committee and the Senate Finance Committee to submit a report including: historic, current, and projected levels of debt; historic levels of revenue; the drivers and composition of future debt; how the United States will meet debt obligations if the debt limit is raised; reduction measures Treasury intends to take to fund obligations if the debt limit is not raised; a recommendation regarding a balanced budget amendment to the U.S. Constitution; and contingency plans for any default on Treasury securities or downgrade of the U.S. credit rating. The Secretary must also provide a detailed explanation of: proposals to reduce the debt and a progress report on implementing them; the impact an increased debt limit will have on future spending, debt service, and the position of the U.S. dollar as the international reserve currency; projections of the fiscal health and sustainability of major entitlement programs; measures Treasury is taking or intends to take to avoid default, including a plan to publicly disclose the details; and Treasury's capability to pay only principal and interest on the debt if the limit is reached. Treasury must make specified information required by this bill available to the public on its website. Upon request, Treasury must submit to Congress specified financial and economic data relevant to determining the amount of the public debt.

Debt Management and Fiscal Responsibility Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring Quality Education for Veterans Act''. SEC. 2. REVISION OF 90-10 RULE. (a) Revision of 90-10 Rule.--Section 487 of the Higher Education Act of 1965 (20 U.S.C. 1094) is amended-- (1) in subsection (a)(24), by inserting after ``other than'' the following: ``veterans' education benefits (as defined in subsection (d)(5)) or''; (2) in subsection (d)-- (A) in paragraph (2)(A), by inserting at the end the following: ``The Secretary of Education shall notify the Secretary of Defense and the Secretary of Veterans Affairs when, by reason of failing to meet a requirement of subsection (a)(24), a proprietary institution of higher education becomes ineligible to participate in the programs authorized by this title, and when the institution regains such eligibility.''; and (B) by inserting at the end the following new paragraph: ``(5) Veterans' education benefits defined.--For the purpose of this subsection, the term `veterans' education benefits' includes the veterans' education benefits listed in subparagraphs (A) through (L) of section 480(c)(2) and any other educational assistance benefits provided by the Secretary of Defense or the Secretary of Veterans Affairs to an individual.''. (b) Conforming Amendment.--The heading for subsection (d) of section 487 of the Higher Education Act of 1965 (20 U.S.C. 1094(d)) is amended by inserting after ``Non-Title IV'' the following: ``and Non- Veterans' Education Benefits''. SEC. 3. INELIGIBILITY OF CERTAIN PROPRIETARY INSTITUTIONS OF HIGHER EDUCATION TO PARTICIPATE IN DEPARTMENT OF DEFENSE OR DEPARTMENT OF VETERANS AFFAIRS PROGRAMS OF EDUCATIONAL ASSISTANCE. (a) Department of Defense.-- (1) In general.--Chapter 101 of title 10, United States Code, is amended by inserting after section 2008 the following new section: ``Sec. 2008a. Ineligibility of certain proprietary institutions of higher education to participate in Department of Defense programs of educational assistance ``Upon notice from the Secretary of Education under section 487(d)(2)(A) of the Higher Education Act of 1965 (20 U.S.C. 1094(d)(2)(A)) that a proprietary institution of higher education is ineligible to participate in the programs authorized by title IV of such Act (20 U.S.C. 1070 et seq.), the Secretary of Defense shall ensure that no educational assistance provided by the Secretary under this title or any other provision of law is available or used for education at the institution for the period of institutional fiscal years during which the institution remains ineligible to participate in the programs authorized by title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).''. (2) Clerical amendment.--The table of sections at the beginning of chapter 101 of such title is amended by inserting after the item relating to section 2008 the following new item: ``2008a. Ineligibility of certain proprietary institutions of higher education to participate in Department of Defense programs of educational assistance.''. (b) Department of Veterans Affairs.-- (1) In general.--Subchapter II of chapter 36 of title 38, United States Code, is amended by inserting after section 3681 the following new section: ``Sec. 3681A. Ineligibility of certain proprietary institutions of higher education to participate in Department of Veterans Affairs programs of educational assistance ``(a) In General.--Upon notice from the Secretary of Education under section 487(d)(2)(A) of the Higher Education Act of 1965 (20 U.S.C. 1094(d)(2)(A)) that a proprietary institution of higher education is ineligible to participate in the programs authorized by title IV of such Act (20 U.S.C. 1070 et seq.), the Secretary of Veterans Affairs shall ensure that no educational assistance provided by the Secretary under this title or any other provision of law is available or used for education at the institution for the period of institutional fiscal years during which the institution remains ineligible to participate in the programs authorized by title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).''. (2) Clerical amendment.--The table of sections at the beginning of chapter 36 of such title is amended by inserting after the item relating to section 3681 the following new item: ``3681A. Ineligibility of certain proprietary institutions of higher education to participate in Department of Veterans Affairs programs of educational assistance.''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall be effective July 1, 2016.

Ensuring Quality Education for Veterans Act This bill amends title IV (Student Assistance) of the Higher Education Act of 1965 to require proprietary institutions of higher education to derive not less than 10% of their revenue from sources other than title IV or the educational assistance programs of the Departments of Defense and Veterans Affairs, or become ineligible for title IV funding and participation in those programs. (Currently, this 90/10 rule requires these schools to derive not less than 10% of their revenue from sources other than title IV or become ineligible for title IV funding.)

Ensuring Quality Education for Veterans Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Biosurveillance Enhancement Act of 2007''. SEC. 2. NATIONAL BIOSURVEILLANCE INTEGRATION CENTER. (a) In General.--Title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.) is amended by adding at the end the following new section: ``SEC. 316. NATIONAL BIOSURVEILLANCE INTEGRATION CENTER. ``(a) Establishment.--The Secretary shall establish a National Biosurveillance Integration Center (referred to in this section as the `NBIC') to enhance the capability of the Federal Government to rapidly identify, characterize, and localize a biological event by integrating and analyzing data related to human health, animals, plants, food, and the environment. The NBIC shall be headed by a Director. ``(b) Integrated Biosurveillance Network.--As part of the NBIC, the Director shall develop, operate, and maintain an integrated network to detect, as early as possible, a biological event that presents a risk to the United States or the infrastructure or key assets of the United States. The network shall-- ``(1) consolidate data from all relevant surveillance systems maintained by the Department and other governmental and private sources, both foreign and domestic, to the extent practicable; and ``(2) use an information technology system that uses the best available statistical and other analytical tools to identify and characterize biological events in as close to real-time as possible. ``(c) Responsibilities.-- ``(1) In general.--The Director shall-- ``(A) monitor on an ongoing basis the availability and appropriateness of candidate data feeds and solicit new surveillance systems with data that would enhance biological situational awareness or overall performance of the NBIC; ``(B) review and seek to improve on an ongoing basis the statistical and other analytical methods used by the NBIC; ``(C) establish a procedure to enable Federal, State and local government, and private sector entities to report suspicious events that could warrant further assessments by the NBIC; ``(D) receive and consider all relevant homeland security information; and ``(E) provide technical assistance, as appropriate, to all Federal, State, and local government entities and private sector entities that contribute data relevant to the operation of the NBIC. ``(2) Assessments.--The Director shall-- ``(A) continuously evaluate available data for evidence of a biological event; and ``(B) integrate homeland security information with NBIC data to provide overall biological situational awareness and determine whether a biological event has occurred. ``(3) Information sharing.--The Director shall-- ``(A) establish a mechanism for real-time communication with the National Operations Center; ``(B) provide integrated information to the heads of the departments and agencies with which the Director has entered into an agreement under subsection (d); ``(C) notify the Secretary, the head of the National Operations Center, and the heads of appropriate Federal, State, tribal, and local entities of any significant biological event identified by the NBIC; ``(D) provide reports on NBIC assessments to Federal, State, and local government entities, including departments and agencies with which the Director has entered into an agreement under subsection (d), and any private sector entities, as considered appropriate by the Director; and ``(E) use information sharing networks available to the Department, including such networks of the Office of Information Analysis and the National Operations Center, for distributing NBIC incident or situational awareness reports. ``(d) Interagency Agreements.-- ``(1) In general.--The Secretary shall seek to enter into agreements with the heads of appropriate Federal departments and agencies, including the Department of Health and Human Services, Department of Defense, the Department of Agriculture, the Department of State, the Department of Interior, and the Intelligence Community. ``(2) Content of agreements.--Under an agreement entered into under paragraph (1), the head of a Federal department or agency shall agree to-- ``(A) use the best efforts of the department or agency to integrate biosurveillance information capabilities through NBIC; ``(B) provide timely, evaluated information to assist the NBIC in maintaining biological situational awareness for timely and accurate detection and response purposes; ``(C) provide connectivity for the biosurveillance data systems of the department or agency to the NBIC network under mutually agreed protocols; ``(D) detail, if practicable, to the NBIC department or agency personnel with relevant expertise in human, animal, plant, food, or environmental disease analysis and interpretation; ``(E) retain responsibility for the surveillance and intelligence systems of that department or agency, if applicable; and ``(F) participate in forming the strategy and policy for the operation and information sharing practices of the NBIC. ``(e) Notification of Director.--The Secretary shall ensure that the Director is notified of homeland security information relating to any significant biological threat and receives all classified and unclassified reports related to such a threat in a timely manner. ``(f) Administrative Authorities.-- ``(1) Privacy.--The Secretary shall-- ``(A) designate the NBIC as a public health authority; ``(B) ensure that the NBIC complies with any applicable requirements of the Health Insurance Portability and Accountability Act of 1996; and ``(C) ensure that all applicable privacy regulations are strictly adhered to in the operation of the NBIC and the sharing of any information related to the NBIC. ``(2) Collection of information.--The NBIC, as a public health authority with a public health mission, is authorized to collect or receive health information, including such information protected under the Health Insurance Portability and Accountability Act of 1996, for the purpose of preventing or controlling disease, injury, or disability. ``(g) NBIC Interagency Working Group.--The Director shall-- ``(1) establish an interagency working group to facilitate interagency cooperation to advise the Director on recommendations to enhance the biosurveillance capabilities of the Department; and ``(2) invite officials of Federal agencies that conduct biosurveillance programs, including officials of the departments and agencies with which the Secretary has entered into an agreement under subsection (d), to participate in the working group. ``(h) Annual Report Required.--Not later than December 31 of each year, the Secretary shall submit to Congress a report that contains each of the following: ``(1) A list of departments, agencies, and private or nonprofit entities participating in the NBIC and a description of the data that each entity has contributed to the NBIC during the preceding fiscal year. ``(2) The schedule for obtaining access to any relevant biosurveillance information not received by the NBIC as of the date on which the report is submitted. ``(3) A list of Federal, State, and local government entities and private sector entities that have direct or indirect access to the information that is integrated by the NBIC. ``(4) For any year before the NBIC is fully implemented or any year in which any major structural or institutional change is made to the NBIC, an implementation plan for the NBIC that includes cost, schedule, key milestones, and the status of such milestones. ``(i) Relationship to Other Departments and Agencies.--The authority of the Secretary under this section shall not affect an authority or responsibility of any other Federal department or agency with respect to biosurveillance activities under any program administered by that department or agency. ``(j) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for each fiscal year. ``(k) Biological Event.--For purposes of this section, the term `biological event' means-- ``(1) an act of terrorism involving biological agents or toxins of known or unknown origin; or ``(2) a naturally occurring outbreak of an infectious disease that may be of potential national significance.''. (b) Clerical Amendment.--The table of contents in section 1(b) of such Act is amended by inserting after the items relating to such title the following: ``Sec. 316. National Biosurveillance Integration Center.''. (c) Deadline for Implementation.--The National Biosurveillance Integration Center required under section 316 of the Homeland Security Act of 2002, as added by subsection (a), shall be fully operational by not later than September 30, 2008.

Biosurveillance Enhancement Act of 2007 - Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to establish a National Biosurveillance Integration Center (NBIC) to enhance the government's capability to rapidly identify, characterize, and localize a biological event (a terrorist act involving biological agents or toxins or a naturally occurring outbreak of infectious disease of potential national significance) by integrating and analyzing data related to human health, animals, plants, food, and the environment. Requires the Director of NBIC to develop, operate, and maintain an integrated network to detect a biological event that presents a risk to the United States or its infrastructure or key assets. Includes among the Director's responsibilities establishment of a procedure to enable government and private sector entities to report suspicious events. Requires the Director to continuously evaluate data, integrate homeland security information with NBIC data, and establish a mechanism for real-time communication with the National Operations Center. Directs the Secretary to: (1) seek agreements for appropriate federal agency heads to integrate biosurveillance information capabilities through NBIC and to provide timely, evaluated information; (2) ensure that the Director is notified of homeland security information regarding significant biological threats and receives timely reports; (3) designate NBIC as a public health authority; and (4) ensure that NBIC complies with the Health Insurance Portability and Accountability Act of 1996 and applicable privacy regulations. Requires: (1) the Director to establish an interagency working group; and (2) the Secretary to report annually to Congress.

To amend the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to establish a National Biosurveillance Integration Center.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Advanced Internet Communications Services Act of 2004''. SEC. 2. REGULATORY TREATMENT. (a) Consideration as Interstate Service.--An advanced Internet communications service shall be considered an interstate service. (b) Regulatory Treatment.--An advanced Internet communications service shall be considered neither a telecommunications service nor an information service for purposes of the Communications Act of 1934 (47 U.S.C. 151 et seq.). (c) Limitation.--Subject to section 3, but notwithstanding this section or any other provision of law, neither the Federal Communications Commission nor any State may regulate the rates, charges, terms, or conditions for, or entry into, or exit from, the provision of, any advanced Internet communications service. SEC. 3. COMMISSION EXCLUSIVE AUTHORITY REGARDING ADVANCED INTERNET COMMUNICATIONS SERVICES. (a) Determination Regarding Requirements and Obligations.-- (1) In general.--The Commission shall have exclusive authority regarding advanced Internet communications services, and shall, by regulation, impose requirements or obligations on providers of advanced Internet communications voice service to carry out the following purposes: (A) Ensure that appropriate E-911 services are available to users of advanced Internet communications voice services. (B) Provide access to such service by persons with disabilities. (C) Contribute directly to the universal service fund. (D) Provide for just and reasonable compensation for use of the public switched telephone network. (2) Standard.--The Commission may establish regulations imposing requirements or obligations referred to in paragraph (1) only to the extent that the Commission determines such regulations are technically feasible and economically reasonable. (3) Parity among providers.--The Commission shall ensure that the requirements or obligations referred to in paragraph (1) apply equally to all providers of advanced Internet communications voice services, and neither the Commission nor any State may regulate the underlying Internet Protocol transmission networks, facilities, or equipment that support or transmit any advanced Internet communications voice service in a manner that results in the unequal application of regulation to any Internet Protocol network, facilities, or equipment as compared to any other such network, facilities, or equipment. (b) Rulemaking Proceeding.--Within 180 days after the date of the enactment of this Act, the Commission shall initiate and complete a proceeding to make the determinations required under subsection (a). (c) Regulations.--Not later than 60 days after the completion of the proceeding pursuant to subsection (b), the Commission shall issue any regulations pursuant to such proceeding. SEC. 4. DEFINITIONS. For purposes of this Act: (1) Advanced internet communications service.--The term ``advanced Internet communications service'' means an IP network and the associated capabilities and functionalities, services, and applications provided over an Internet protocol platform or for which an Internet protocol capability is an integral component, and services and applications that enable an end user to send or receive a communication in Internet protocol format, regardless of whether the communication is voice, data, video, or any other form. (2) Advanced internet communications voice service.--The term ``advanced Internet communications voice service'' means an advanced Internet communications service that is offered to the public for a fee, and that provides real-time voice communications, and in which that voice component is the primary function of the service. (3) Commission.--The term ``Commission'' means the Federal Communications Commission. (4) IP network.--The term ``IP network'' means the facilities used to transmit and to encode, digitize, packetize, or route advanced Internet communications services in an Internet Protocol format, including routers, softswitches, gateways, packet switches, and transmission facilities. (5) Internet protocol.--The term ``Internet protocol'' means the Transmission Control Protocol/Internet Protocol, or any predecessor or successor protocols to such protocol. (6) Public switched telephone network.--The term ``public switched telephone network'' means the collection of interconnected circuit switched telecommunications.

Advanced Internet Communications Services Act of 2004 - Requires an advanced Internet communications service to be considered: (1) an interstate service; and (2) neither a telecommunications service nor an information service for purposes of the Communications Act of 1934. Prohibits the Federal Communications Commission (FCC) and States from regulating the rates, charges, terms, or conditions for, entry into, or exit from the provision of advanced Internet communications service, subject to provisions of this Act giving the FCC exclusive authority to regarding such services. Requires the FCC, to the extent technically feasible and economically reasonable, to impose requirements or obligations on advanced Internet communications voice service providers in order to: (1) ensure that appropriate E-911 services are available to users of such services; (2) provide access for persons with disabilities; (3) contribute directly to the universal service fund; and (4) provide for just and reasonable compensation for use of the public switched telephone network. Directs the FCC to ensure that such requirements or obligations apply equally to all advanced Internet communications voice service providers. Prohibits the FCC or any State from regulating the underlying Internet Protocol transmission networks, facilities, or equipment in a manner that results in unequal application of regulations.

To promote deployment of and investment in advanced Internet communications services.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Transparency and Accountability in Security Contracting Act''. SEC. 2. REQUIREMENTS RELATING TO CONTRACTS WITH PRIVATE SECURITY CONTRACTORS. (a) Accountability Requirements for Personnel Performing Federal Contracts With Private Security Contractors.-- (1) Requirement to provide certain information about personnel performing federal contracts.--Each covered contract shall require contractors to provide the appropriate Federal Government contracting officer with the following information at the time the contract is awarded and to update the information during contract performance as necessary: (A) Number of persons being used by the contractor and subcontractors (at any tier) of the contractor to carry out the contract and any subcontracts under the contract. (B) A description of how such persons are trained to carry out tasks specified under the contract. (C) The salaries and benefits of such persons. (D) A description of each category of activity required by the covered contract. (2) Full cost accounting.--Each covered contract shall include the following requirements: (A) Before award of the contract, the contractor shall provide cost estimates of salary, insurance, materials, logistics, travel, administrative costs, and other costs of carrying out the contract. (B) Before contract closeout, the contractor shall provide a report on the actual costs of carrying out the contract, in the same categories as provided under subparagraph (A). (3) Casualty reporting.--Each covered contract shall require full reporting by the contractor of all personnel casualties in carrying out the contract. (4) Oversight.--Before a covered contract is awarded, the head of the agency awarding the contract shall ensure that sufficient funds are available to enable contracting officers of the agency to perform oversight of the performance of the contract. (5) Waiver authority.--The head of the agency awarding a covered contract may waive a requirement of this section with respect to a contract in an emergency or exceptional situation, as determined by the head of the agency. Any such waiver shall be limited to the requirements that are impossible or impracticable to implement because of the emergency or exceptional situation. In any case in which the head of an agency waives a requirement under this section with respect to a contract, the agency head shall submit to Congress a report, within 30 days after the date of award of the contract, that describes the contract, the waiver, the emergency or exceptional situation that justified the waiver, and a plan for bringing the contract into compliance with the waived requirements as soon as possible or an explanation of why the waiver needs to be permanent. (6) FAR revisions.--Not later than 120 days after the date of the enactment of this Act, the Federal Acquisition Regulation shall be revised to implement the provisions of this subsection. (b) Requirements of the Secretary of Defense Relating to Contracts With Private Security Contractors.-- (1) Hiring standards relating to private security contractors.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe in regulations minimum standards for the persons that private security contractors may hire for the performance of any covered contract. The standards may vary based on the duties of personnel, but must address past criminal activity, security clearance requirements, and other issues the Secretary determines may lead to security or performance concerns. (2) Comparative analysis.--Before a Federal agency enters into a covered contract, the Secretary of Defense shall perform a cost and effectiveness analysis for every category of potential activity that may be carried out by the private security contractor under the contract, comparing the cost and effectiveness that would be associated with the same activities being carried out by civilian employees of the Department of Defense or members of the Armed Forces. The Secretary shall ensure, as part of the analysis, that the overall military mission would not be significantly affected if the contractor personnel refused to perform work as required under the contract. (c) Definitions.--In this section: (1) Covered contracts.--The term ``covered contract'' means a contract entered into by the Federal Government with a private security contractor, except that, in the case of a task or delivery order contract entered into by the Federal Government with a private security contractor, the term means a task order issued under the contract. (2) Private security contractor.--The term ``private security contractor'' means any entity under contract with the Federal Government-- (A) whose personnel are allowed to carry weapons as part of their contract; or (B) that uses persons who perform one or more of the following duties: (i) Military logistics and maintenance. (ii) Interrogation of prisoners. (iii) Convoy security. (iv) Guarding vital facilities and personnel. (v) Intelligence gathering and analysis. (vi) Tactical security work. (vii) Local force training. (d) Effective Date.--This section shall apply to covered contracts entered into on or after the date occurring 60 days after the date of the enactment of this Act.

Transparency and Accountability in Security Contracting Act - Directs that each "covered contract" (i.e., a contract entered into by the Government with a private security contractor, or a task order issued under the contract) require contractors to provide the appropriate Government contracting officer with information at the time the contract is awarded and to update the information during contract performance regarding: (1) the number of persons being used by the contractor and subcontractors; (2) how such persons are trained; (3) their salaries and benefits; and (4) a description of each category of activity required by the covered contract. Directs that the contractor provide, before: (1) award of the contract, cost estimates of salary, insurance, materials, logistics, travel, administrative costs, and other costs of carrying out the contract; and (2) closeout of the contract, a report on the actual costs. Sets forth provisions regarding casualty reporting, oversight, waiver authority (in an emergency or exceptional situation), and revision of the Federal Acquisition Regulation. Directs the Secretary of Defense to: (1) prescribe minimum standards for the persons that private security contractors may hire for the performance of any covered contract; (2) perform a cost and effectiveness analysis, before a Federal agency enters into such a contract, for every category of potential activity that may be carried out by the private security contractor under the contract; and (3) ensure that the overall military mission would not be significantly affected if the contractor personnel refused to perform work as required under the contract.

To require accountability for personnel performing Federal contracts with private security contractors.

SECTION 1. DEMONSTRATION GRANTS. (a) Findings.--Congress finds that-- (1) the length of the academic year at most elementary and secondary schools in the United States consists of approximately 175 to 180 academic days, while the length of the academic years at elementary and secondary schools in a majority of the other industrialized countries consists of approximately 190 to 240 academic days; (2) eighth-grade students from the United States have scored lower, on average, in mathematics than students in Japan, France, and Canada; (3) various studies indicate that extending the length of the academic year at elementary and secondary schools results in a significant increase in actual student learning time, even when much of the time in the extended portion of the academic year is used for increased teacher training and increased parent-teacher interaction; (4) in the final 4 years of schooling, students in schools in the United States are required to spend a total of 1,460 hours on core academic subjects, which is less than half of the 3,528 hours so required in Germany, the 3,280 hours so required in France, and the 3,170 hours so required in Japan; (5) American students' lack of formal schooling is not counterbalanced with more homework as only 29 percent of American students report spending at least 2 hours on homework per day compared to half of all European students; (6) extending the length of the academic year at elementary and secondary schools will lessen the need for review, at the beginning of an academic year, of course material covered in the previous academic year; and (7) in 1994, the Commission on Time and Learning recommended that school districts keep schools open longer to meet the needs of children and communities. (b) Demonstration Grants Authorized.-- (1) In general.--The Secretary of Education, from amounts appropriated under subsection (d) for a fiscal year, shall award demonstration grants to local educational agencies to-- (A) enable the local educational agencies to extend the length of the school year to 210 days; (B) study the feasibility of an effective methods for extending learning time within or beyond the school day or year, including consultation with other schools or local educational agencies that have designed or implemented extended learning time programs; (C) conduct outreach to and consult with community members, including parents, students, and other stakeholders, such as tribal leaders, to develop a plan to extend learning time within or beyond the school day or year; and (D) research, develop, and implement strategies, including changes in curriculum and instruction, for maximizing the quality and percentage of common core learning time in the school day and extending learning time during or beyond the school day or year. (2) Definition.--In this section, the term ``common core learning time'' means high-quality, engaging instruction in challenging content in the core academic subjects of English, mathematics, science, foreign languages, civics and government, economics, arts, history, and geography. (c) Application.--A local education agency desiring a grant under this section shall submit an application to the Secretary of Education at such time, in such manner, and accompanied by such information as the Secretary may require. Each application shall describe-- (1) the activities for which assistance is sought; (2) any study or other information-gathering project for which funds will be used; (3) the strategies and methods the applicant will use to enrich and extend learning time for all students and to maximize the percentage of common core learning time in the school day, such as block scheduling, team teaching, longer school days or years, and extending learning time through new distance-learning technologies. (4) the strategies and methods the applicant will use, including changes in curriculum and instruction, to challenge and engage students and to maximize the productiveness of common core learning time, as well as the total time students spend in school and in school-related enrichment activities; (5) the strategies and methods the applicant intends to employ to provide continuing financial support for the implementation of any extended school day or school year; (6) with respect top any application seeking assistance for activities described in subsection (b)(1)(A), a description of any feasibility or other studies demonstrating the sustainability of a longer school year; (7) the extent of involvement of teachers and other school personnel in investigating, designing, implementing and sustaining the activities assisted under this part; (8) the process to be used for involving parents and other stakeholders in the development and implementation of the activities assistance under this section; (9) any cooperation or collaboration among public housing authorities, libraries, businesses, museums, community-based organizations, and other community groups and organizations to extend engaging, high-quality, standards-based learning time outside of the school day or year, at the school or at some other site; (10) the training and professional development activities that will be offered to teachers and others involved in the activities assisted under this section; (11) the goals and objectives of the activities assisted under this section, including a description of how such activities will assist all students to reach State standards; (12) the methods by which the applicant will assess progress in meeting such goals and objectives; and (13) how the applicant will use funds provided under this section in coordination with funds provided under other Federal laws. (d) Duration.--A grant under this section shall be awarded for a period of 3 years. (e) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to carry out this section $10,000,000 for each of the fiscal years 1999 through 2003. (2) Use of funds.--The Secretary of Education shall use not less than 50 percent of the amount appropriated for each fiscal year under paragraph (1) to award grants to applicants that want to extend the school year to at least 210 days.

Directs the Secretary of Education to provide three-year demonstration grants to local educational agenciess for: (1) extending the length of the school year to 210 days; (2) studying methods for extending learning time within or beyond the school day or year; (3) consulting with the community, parents, and students in developing a plan for such extended day or year; and (4) researching, developing, and implementing ways to maximize the quality and percentage of common core learning time in the school day, and to extend learning time during or beyond the school day or year. Defines common core learning time as high-quality, engaging instruction in challenging content in the core academic subjects of English, mathematics, science, foreign languages, civics and government, economics, arts, history, and geography. Authorizes appropriations.

A bill to provide demonstration grants to local educational agencies to enable the agencies to extend time for learning and the length of the school year.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Energy Partnership with India Act of 2008''. SEC. 2. RENEWABLE ENERGY DEFINED. For purposes of this Act, the term ``renewable energy'' means an energy supply or end-use technology (including solar technology, wind technology, geothermal technology, hydroelectric technology, and carbon capture technology), that over its life cycle and compared to a similar technology already in commercial use-- (1) is reliable, affordable, economically viable, socially acceptable, and compatible with the needs and norms of-- (A) each country that has a generating plant that generates energy that is used in India or the United States; and (B) each country that uses energy or end-use technology that is generated or produced in India or the United States; (2) results in-- (A) reduced emissions of greenhouse gases; or (B) increased geological sequestration of greenhouse gases; and (3) may result in-- (A) substantially reduced emissions of air pollutants; or (B) the generation of substantially smaller or less hazardous quantities of solid or liquid waste. TITLE I--CONGRESSIONAL COMMISSION ON RENEWABLE POWER TECHNOLOGY COMMERCE SEC. 101. ESTABLISHMENT. There is established in the legislative branch a commission to be known as the Congressional Commission on Renewable Power Technology Commerce with India (in this title referred to as the ``Commission''). The Commission shall study the methods of improving and promoting bilateral renewable energy cooperation between the United States and India. SEC. 102. DUTIES OF THE COMMISSION. The Commission shall make recommendations to Congress and the President on methods and strategies to develop joint energy policy between the United States and India to provide reliable energy throughout India through the utilization of renewable, environmentally- friendly means of production. The Commission shall submit to Congress and the President a report containing-- (1) a description of-- (A) general market conditions for energy in India and the potential for renewable technology solutions in particular; (B) key policy constraints that exist in the United States and India for the production and distribution of renewable energy in India; (C) best practices for public, private, and public- private partnerships that can spur investment in Indian energy production and distribution through renewable means in India; and (D) key constraints preventing renewable technology companies organized under the laws of the United States or any State from investing in India; and (2) its recommendations-- (A) to address the constraints described by the Commission under paragraph (1)(D); (B) regarding policy measures that the governments of India and the United States could take to help realize the full potential of its collaboration with the United States on energy policy; (C) for developing an optimal framework for joint research and development opportunities related to renewable energy between the United States and India in the private, educational, and public sectors; and (D) regarding the ideal role for energy-related end-user devices (such as energy-efficient devices used in residential and commercial buildings) in a policy emphasizing energy efficiency. SEC. 103. MEMBERSHIP. (a) Number and Appointment.-- (1) In general.--The Commission shall be composed of 15 members appointed as follows: (A) Five members appointed by the President, including at least two representatives of nongovernmental organizations. (B) Three members appointed by the Speaker of the House of Representatives and two members appointed by the minority leader of the House of Representatives. (C) Three members appointed by the majority leader of the Senate and two members appointed by the minority leader of the Senate. (2) Chairperson.--At the time of appointment, the President shall designate one of the members appointed in paragraph (1)(A) as the Chairperson of the Commission. (b) Qualifications.--To be eligible for appointment as a member of the Commission, an individual shall be of recognized standing and distinction in one or more of the following: (1) Renewable energy production. (2) The transmission and distribution of energy. (3) Energy efficiency. (4) Business. (5) Entrepreneurship. (6) Academia and public policy. (c) Deadline for Appointment.--The members of the Commission shall be appointed before the end of the 60-day period beginning on the date of the enactment of this title. (d) Terms.-- (1) In general.--Each member shall be appointed for the life of the Commission. (2) Vacancies.--A vacancy in the Commission shall not affect the power of the remaining members to execute the duties of the Commission. Any such vacancy shall be filled in the same manner in which the original appointment was made. (e) Compensation.-- (1) Rates of pay.--Each member may be compensated at a rate not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which each such member is engaged in the actual performance of the duties of the Commission. (2) Travel expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions of 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 performance of the duties of the Commission. (3) Prohibition of compensation of federal employees.-- Notwithstanding the provisions of paragraphs (1) and (2), any member of the Commission who is a full-time officer or employee of the United States or a Member of Congress may not receive additional pay, allowances, or benefits by reason their of service on the Commission. (f) Meetings.-- (1) Frequency.-- (A) Quarterly meetings.--The Commission shall meet at least quarterly. (B) Additional meetings.--In addition to quarterly meetings, the Commission shall meet at the call of the Chairperson or a majority of its members. (2) Quorum.--Five members of the Commission shall constitute a quorum but a lesser number may hold hearings. (3) Meeting by telephone or other appropriate technology.-- Members of the Commission may meet using telephones or other suitable telecommunications technologies if all members of the Commission are able to communicate with all other members simultaneously. SEC. 104. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS. (a) Director.-- (1) Appointment.--The Commission shall have a director who shall be appointed by the chairperson of the Commission with the approval of a majority of the members of the Commission. (2) Qualifications.--To be eligible for appointment as the director, an individual shall be of recognized standing and distinction in one or more of the following: (A) International, national, or local public service. (B) Service-learning, as defined in section 101(23) of the National and Community Service Act of 1990 (42 U.S.C. 12511(23)). (3) Salary.--The director shall be paid at a rate determined by the chairperson with the approval of the Commission, except that the rate of pay may not exceed the maximum rate of basic pay for GS-15 of the General Schedule. (b) Staff.--With the approval of the chairperson, the director may appoint and fix the pay of additional qualified personnel as the director considers appropriate, except that the rate of pay may not exceed the maximum rate of basic pay for GS-15 of the General Schedule. (c) Experts and Consultants.--With the approval of the Commission, the director may procure temporary and intermittent services in the same manner as an agency under 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 for GS-15 of the General Schedule. (d) Staff of Federal Agencies.--Upon request of the Commission, the head of any department or agency of the United States may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist the Commission in carrying out its duties under this title. SEC. 105. POWERS OF COMMISSION. (a) Hearings and Sessions.--For the purpose of carrying out this title, the Commission may hold public hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (b) Powers of Members and Agents.--If authorized by the Commission, any member or agent of the Commission may take any action that the Commission is authorized to take by this title. (c) Obtaining Official Data.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out its duties under this title. Upon request of the chairperson, the head of the department or agency shall furnish that information to the Commission. (d) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (e) Physical Facilities and Equipment.--The Architect of the Capitol shall provide, on a nonreimbursable basis, suitable facilities and equipment for the operation of the Commission. (f) Administrative Support Services.--Upon the request of the Commission, the Architect of the Capitol and the Administrator of General Services shall provide to the Commission, on a nonreimbursable basis, the administrative support services necessary for the Commission to carry out its duties under this title. (g) Contract Authority.--To the extent provided in advance in appropriations Acts, the Commission may contract with and compensate Government and private agencies or persons for services necessary for the Commission to carry out its duties under this title. SEC. 106. REPORTS. (a) Interim Report.--Not later than the last day of the 12-month period beginning on the date of the enactment of this title, the Commission shall submit to Congress an interim report on its activities. (b) Final Report.--Not later than the last day of the 120-day period beginning on the date of submission of the interim report required under subsection (a), the Commission shall submit to Congress a final report containing a detailed statement of the findings of the Commission, together with its recommendations for proposed legislation. SEC. 107. TERMINATION. The Commission shall terminate not later than 30 days after submitting its final report under section 106(b). TITLE II--DEVELOPMENT AND CAPACITY BUILDING REPORT SEC. 201. DEVELOPMENT AND CAPACITY BUILDING REPORT. Not later than the last day of the one-year period beginning on the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Energy and the Secretary of Commerce, shall submit to Congress a report that-- (1) details the extent to which energy is reliably available in India and what portion of such energy is produced through renewable means; (2) estimates the investment, export, and job creation potential if United States industry plays a central role in the production and distribution of renewable energy in India; (3) estimates the economic benefits and poverty reduction that would result if India's energy needs were substantially met through the use of renewable energy; (4) estimates the level of greenhouse gasses that India would produce in the coming years if India did not pursue renewable means of energy production; (5) contains recommendations for the Federal Government and the private sector regarding the provision of technical assistance to assist in the investment, production, and distribution of renewable energy in India. TITLE III--RENEWABLE ENERGY COUNCIL SEC. 301. RENEWABLE ENERGY COUNCIL. (a) Establishment.--Not later than 60 days after the date of the enactment of this Act, the President shall seek to establish a permanent joint renewable energy council between the United States and India. (b) Purpose.--The purpose of the council referred to in subsection (a) shall be to provide advice to the President of the United States and the Prime Minister of India concerning the promotion of environmentally sustainable economic growth in India and the United States through public policy related to the pursuit and facilitation of investment, production, and distribution of renewable energy in India. (c) Membership.--The membership of the council shall consist of-- (1) representatives from the legislative and executive branches of-- (A) the Government of the United States; and (B) the Government of India; and (2) representatives from the private sector in-- (A) the United States; and (B) India.

Clean Energy Partnership with India Act of 2008 - Establishes in the legislative branch the Congressional Commission on Renewable Power Technology Commerce with India to: (1) study methods for improvement and promotion of bilateral renewable energy cooperation between the United States and India; and (2) recommend to Congress and the President methods and strategies to develop joint energy policy between the United States and India for reliable energy throughout India using renewable, environmentally-friendly means of production. Requires the Secretary of State to report to Congress on: (1) the extent to which energy is reliably available in India and what portion of it is produced through renewable means; (2) estimated investment, export, and job creation potential if U.S. industry plays a central role in the production and distribution of renewable energy in India; (3) estimated economic benefits and poverty reduction that would result if India's energy needs were met through renewable energy; (4) the estimated level of greenhouse gasses that India would produce in the coming years if it did not pursue renewable means of energy production; and (5) recommendations for the federal government and the private sector regarding technical assistance with the investment, production, and distribution of renewable energy in India. Directs the President to seek to establish a permanent joint renewable energy council between the United States and India to advise the President of the United States and the Prime Minister of India on promotion of environmentally sustainable economic growth in India and the United States through public policy regarding investment, production, and distribution of renewable energy in India.

To establish a commission to study methods for improving and promoting bilateral renewable energy cooperation between the United States and India, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Althea Gibson Excellence Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Althea Gibson was born August 25, 1927, in Silver, South Carolina. (2) Althea Gibson lived with her family in Harlem during the 1930s and 1940s. She was first introduced to tennis on the Harlem River Tennis Courts. She went on to dominate the all- Black American Tennis Association tournaments throughout the early 1940s, when racism and segregation prevented her from participating in tournaments sponsored by the United States Lawn Tennis Association (USLTA). (3) Althea Gibson graduated from Florida A & M University in 1953, and was an athletic instructor at the Lincoln University in Jefferson City, Missouri. (4) Despite her extraordinary athletic prowess, Althea was repeatedly denied entry into the world's top tennis tournaments based on the color of her skin. Alice Marble, a four-time U.S. Open champion, wrote a historic editorial published in the July 1950 American Lawn Tennis magazine, condemning the sport of tennis for excluding players of Althea Gibson's caliber. (5) Althea excelled in the Eastern Grass Court Championships at the Orange Lawn Tennis Club in South Orange, New Jersey. Her outstanding grass play caused the USLTA to reevaluate its policy providing Althea a bid to Forest Hills. (6) Althea was the first African-American to win championships at famous tournaments, such as the French Open, the United States Open, the Australian Doubles, and Wimbledon in the 1950s. (7) Althea broke the color barrier to become the first African-American player, either male or female, to be allowed to enter the Forest Hills, New York, Championship in 1950. (8) Althea Gibson's tennis career flourished, even in the face of discrimination. She was the first African-American invited to Wimbledon in 1951, eventually winning both the women's singles and doubles in 1957 and 1958. (9) She would go on to become the first African-American woman to win the championship at the French Open in 1956. (10) During her career, she won 56 doubles and singles titles before gaining national and international acclaim for her athletic feats in professional tennis leagues. In the late 1950s, Gibson won eleven major titles including three straight doubles at the French Open in 1956, 1957, and 1958 and the U.S. Open in 1957 and 1958. (11) Althea was the first African-American to be named as the Female Athlete of the Year by the Associated Press in 1957. She was given that honor again the following year. When she won her second U.S. Championship, she went professional at the age of 31. (12) As further evidence to Althea's athletic gift, after finishing her amateur tennis career, she became a professional golfer in 1959. She was also the first African-American woman to hold a membership in the Ladies Professional Golf Association (LGPA). (13) After retiring from golf, Althea Gibson shifted her focus to public service. In 1975, Althea Gibson was named the New Jersey Commissioner of Athletics. She held this position and also served on both the State's Athletics Control Board and the Governor's Council on Physical Fitness. (14) Althea Gibson was inducted into the prestigious International Tennis Hall of Fame in 1971 and to the International Women's Sports Hall of Fame in 1980. (15) In 1991, the National Collegiate Athletic Association (NCAA) honored Althea Gibson with the Theodore Roosevelt Award, the highest honor the organization may confer on an individual. She was the first woman ever to receive this distinguished honor. (16) Althea passed away in East Orange, NJ, on September 28, 2003. (17) Althea Gibson was a trailblazer whose experiences and successes paved the way for other great African-American tennis players like Arthur Ashe. (18) The legacy of Althea Gibson continues to serve as an inspiration and a shining example for the Nation's youth. (19) Joining the ranks of other distinguished Congressional Gold Medal recipients would be a fitting accolade to the achievements of Althea Gibson. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the posthumous presentation, on behalf of the Congress, of a gold medal of appropriate design in commemoration of Althea Gibson, in recognition of her groundbreaking achievements in athletics and her commitment to ending racial discrimination and prejudice within the world of athletics. (b) Design and Striking.--For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. SEC. 4. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. SEC. 5. STATUS OF MEDALS. (a) National Medals.--The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. SEC. 6. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE. (a) Authority To Use Fund Amounts.--There is authorized to be charged against the United States Mint Public Enterprise Fund, such amounts as may be necessary to pay for the costs of the medals struck pursuant to this Act. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals authorized under section 4 shall be deposited into the United States Mint Public Enterprise Fund.

Althea Gibson Excellence Act - Requires that arrangements be made for the posthumous presentation of a Congressional Gold Medal in commemoration of Althea Gibson in recognition of her achievements in athletics and her commitment to ending racial discrimination and prejudice within the world of athletics.

To award posthumously a Congressional Gold Medal to Althea Gibson, in recognition of her ground breaking achievements in athletics and her commitment to ending racial discrimination and prejudice within the world of athletics.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Entrepreneur Startup Growth Act of 2011''. SEC. 2. SELF-EMPLOYMENT TAX INITIATIVE GRANT PROGRAM. (a) Establishment.--Not later than 90 days after the date of enactment of this Act, the Commissioner of Internal Revenue, in consultation with the Administrator of the Small Business Administration, shall establish a self-employment tax initiative grant program (in this section referred to as the ``program'') to provide to covered individuals affordable tax preparation and business development assistance. (b) Grant Authority and Eligible Entities.--Under the program, the Commissioner may make a grant to the following: (1) A community-based organization. (2) A microlender. (3) A nonprofit organization. (4) An institution of higher education. (5) A local government. (6) A consortium of entities described in any of paragraphs (1) through (5). (c) Grant Uses.--A grant made under the program shall be used for the following: (1) Providing affordable tax preparation assistance to a covered individual. (2) Providing business development assistance to a covered individual, including individual counseling, classroom training, or other activities designed to assist a covered individual to improve the profitability, efficiency, or readiness for financing of the individual's business. (3) Conducting culturally and linguistically appropriate outreach to underserved communities in the area in which assistance described in paragraph (1) or (2) is provided. (d) Applications for Grants.--To be eligible for a grant under the program an entity specified in subsection (b) shall submit to the Commissioner an application at such time, in such form, and containing such information as the Commissioner may require, but which, at a minimum, shall-- (1) include the plan of the entity to provide assistance and outreach described in subsection (c) throughout each year; and (2) demonstrate that the entity has experience providing the assistance described in paragraph (1) and the assistance described in paragraph (2) of subsection (c). (e) Grant Amount.--A grant made under the program may not be in an amount that exceeds $75,000. (f) GAO Study and Report.-- (1) Study.--The Comptroller General of the United States shall conduct a study on the program, including program outcomes. (2) Report.--Not later than 3 years after the date on which the program is established, the Comptroller General shall submit to Congress a report on the results of the study conducted under paragraph (1), which shall include the following: (A) An analysis of the impact of the program on covered individuals and the businesses of such individuals. (B) An identification of the best practices of grant recipients with respect to activities carried out with grant funds. (C) Recommendations for improving the program. (g) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to carry out the program $1,500,000 for each of fiscal years 2012 through 2016. (2) Administrative costs.--Of the funds made available to carry out the program each fiscal year, the Commissioner may use not more than 10 percent for the administrative costs of the program. (h) Definitions.--In this section, the following definitions apply: (1) Covered individual.--The term ``covered individual'' means, with respect to any taxable year, an individual who-- (A) is engaged in an active trade or business as a sole proprietor during such taxable year; (B) is required to report income or loss on Schedule C to Form 1040 for such taxable year; and (C) has modified adjusted gross income of $50,000 or less for the preceding taxable year. (2) Institution of higher education.--The term ``institution of higher education'' has the meaning given that term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (3) Microlender.--The term ``microlender'' means a private organization that provides-- (A) loans of $50,000 or less to entrepreneurs, small business owners, and nonprofit child care providers; and (B) marketing, management, and technical assistance to loan recipients and potential loan recipients. (4) Modified adjusted gross income.--The term ``modified adjusted gross income'' means the adjusted gross income (as defined in section 62 of the Internal Revenue Code of 1986) of the taxpayer for a taxable year increased by any amount excluded from gross income under section 911, 931, or 933 of such Code.

Entrepreneur Startup Growth Act of 2011 - Directs the Commissioner of the Internal Revenue Service (IRS), in consultation with the Administrator of the Small Business Administration (SBA), to establish a self-employment tax initiative grant program to provide certain self-employed individuals with modified adjusted gross incomes of $50,000 or less with affordable tax preparation and business development assistance. Authorizes the Commissioner to make program grants of not more than $75,000 to community-based organizations, microlenders, nonprofit organizations, institutions of higher education, and local governments. Directs the Comptroller General to study and report on such program, including program outcomes.

To direct the Commissioner of Internal Revenue to establish a self-employment tax initiative grant program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Visa Waiver Program Improvement Act of 2014''. SEC. 2. GROUNDS FOR INELIGIBILITY FOR TRAVEL TO THE UNITED STATES; REPORTS ON LAW ENFORCEMENT AND SECURITY INTERESTS; CONTINUING QUALIFICATION AND DESIGNATION TERMINATIONS; REPORT ON STRENGTHENING THE ELECTRONIC SYSTEM FOR TRAVEL AUTHORIZATION. (a) Grounds for Ineligibility for Travel to the United States; Period of Validity.--Section 217 of the Immigration and Nationality Act (8 U.S.C. 1187) is amended-- (1) in subsection (a)(11), by inserting ``, including terrorism risk,'' after ``security risk''; and (2) in subsection (h)(3)-- (A) in subparagraph (A), by inserting ``, including terrorism risk,'' after ``security risk''; (B) in subparagraph (C), in the second sentence, by inserting before the period at the end the following: ``, or, if the Secretary determines that such is appropriate, may limit such period of eligibility''; and (C) by adding at the end the following new subparagraph: ``(E) Additional reports.-- ``(i) Reports on certain limitations on travel.--Not later than 30 days after the date of the enactment of this subparagraph and annually thereafter, the Secretary of Homeland Security, in consultation with the Secretary of State, shall submit to the Committee on Homeland Security and the Committee on the Judiciary of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary of the Senate a report on the number of individuals, identified by their countries of citizenship or nationality, who were denied eligibility to travel under the System or whose eligibility for such travel was revoked during the previous year if such individual was determined, in accordance with subsection (a)(6), to represent a threat to the security of the United States. ``(ii) Reports on certain threat assessments.--Beginning with the first report under clause (i) of subsection (c)(5)(A) that is submitted after the date of the enactment of this subparagraph and periodically thereafter (together with subsequent reports submitted under such clause (i)), the Secretary of Homeland Security, in consultation with the Director of National Intelligence, shall submit to the Committee on Homeland Security and the Committee on the Judiciary of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary of the Senate a report that contains a threat assessment regarding the compliance of foreign governments with the agreements described in subparagraphs (D) and (F) of subsection (c)(2).''. (b) Reports on Law Enforcement and Security Interests; Continuing Qualification and Designation Terminations.--Subsection (c) of section 217 of the Immigration and Nationality Act (8 U.S.C. 1187) is amended-- (1) in paragraph (2)(C)(iii)-- (A) by striking ``and the Committee on International Relations'' and inserting ``, the Committee on Foreign Affairs, and the Committee on Homeland Security''; and (B) by striking ``and the Committee on Foreign Relations'' and inserting ``, the Committee on Foreign Relations, and the Committee on Homeland Security and Governmental Affairs''; and (2) in paragraph (5)-- (A) in subparagraph (A)(i)-- (i) in subclause (III), by striking ``and'' at the end; (ii) in subclause (IV), by striking the period at the end and inserting ``; and''; and (iii) by adding after subclause (IV) the following new subclause: ``(V) shall submit to Congress a report regarding the security parameters described in paragraph (9).''; and (B) in subparagraph (B), by adding at the end the following new clause: ``(v) Additional program suspension authority.--If the Secretary of Homeland Security, in consultation with the Secretary of State, determines that a country participating in the visa waiver program has failed to comply with an agreement under subparagraph (F) of paragraph (2), the Secretary of Homeland Security-- ``(I) may suspend a country from the visa waiver program without prior notice; ``(II) shall notify any country suspended under subclause (I) and provide justification for the suspension; and ``(III) shall restore the suspended country's participation in the visa waiver program upon a determination that the country is in compliance with the agreement at issue.''. (c) Report on Strengthening the Electronic System for Travel Authorization.--Not later than 30 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 Committee on Homeland Security, the Committee on the Judiciary, and the Committee on Foreign Affairs of the House of Representatives and the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, and the Committee on Foreign Relations of the Senate a report on steps to strengthen the automated electronic travel authorization system (commonly referred to as the ``Electronic System for Travel Authorization'') under paragraph (3) of section 217(h) of the Immigration and Nationality Act (8 U.S.C. 1187(h)) to better secure the international borders of the United States and prevent terrorists and instruments of terrorism from entering the United States. (d) Time for Report.--The first report required under subclause (V) of section 217(c)(5)(A)(i) of the Immigration and Nationality Act (as added by subsection (b)(2)(A)(iii) of this section) shall be submitted at the same time the next report required under subclause (IV) of such section 217(c)(5)(A)(i) is submitted after the date of the enactment of this Act.

Visa Waiver Program Improvement Act of 2014 - Amends the Immigration and Nationality Act to include terrorism risk as a factor the Secretary of Homeland Security (DHS) shall consider under the electronic system for travel authorization (ESTA) in determining the eligibility of an alien to travel to the United States. Directs the Secretary to report to Congress regarding: (1) the number of individuals, identified by their countries of citizenship or nationality, who were denied eligibility to travel, or whose eligibility was revoked, under ESTA because the individual was determined to be a U.S. security threat; (2) steps to strengthen ESTA; and (3) foreign government compliance with information sharing agreements concerning passport theft or loss and whether a country's citizens or nationals traveling to the United States pose a U.S. security threat. Authorizes the Secretary to suspend a country from the visa waiver program without prior notice if the country fails to comply with an agreement to share information regarding whether its citizens and nationals traveling to the United States pose a U.S. security threat.

Visa Waiver Program Improvement Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``International Sanctions Enforcement Act of 1993''. SEC. 2. IMPOSITION OF SANCTIONS. (a) Determination by the President.-- (1) In general.--If the President determines that a foreign person, on or after the date of the enactment of this section, has knowingly violated United Nations Security Council Resolution 748 imposing sanctions against Libya, he is authorized to impose the sanctions described in subsection (c). (2) Persons against which sanctions are to be imposed.-- Sanctions may be imposed pursuant to paragraph (1) on-- (A) the foreign person with respect to which the President makes the determination described in that paragraph; (B) any successor entity to that foreign person; (C) any foreign person that is a parent, subsidiary, or co-venture of that person if that parent, subsidiary, or co-venture knowingly and materially assisted in the activities which were the basis of that determination; and (D) any foreign person that is an affiliate of that person if that affiliate knowingly and materially assisted in the activities which were the basis of that determination and if that affiliate is controlled in fact by that foreign person. (3) Other sanctions available.--The sanctions which may be imposed for activities described in this subsection are in addition to any other sanction which may be imposed for the same activities under any other provision of law. (b) Consultation With and Actions by Foreign Government of Jurisdiction.-- (1) Consultations.--If the President makes a determination described in subsection (a)(1) with respect to a foreign person, the Congress urges the President to initiate consultations immediately with the government with primary jurisdiction over that foreign person with respect to the imposition of sanctions pursuant to this section. (2) Actions by government of jurisdiction.--In order to pursue such consultations with that government, the President may delay imposition of a sanction pursuant to this section for up to 90 days. Following these consultations, the President shall impose a sanction unless the President determines and certifies to the Congress that that government has taken specific and effective actions, including appropriate penalties, to terminate the involvement of the foreign person in the activities described in subsection (a)(1). The President may delay the imposition of a sanction for up to an additional 90 days if the President determines and certifies to the Congress that that government is in the process of taking the actions described in the previous sentence. (3) Report to congress.--Not later than 90 days after making a determination under subsection (a)(1), the President shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report on the status of consultations with the appropriate government under this subsection, and the basis for any determination under paragraph (2) of this subsection that such government has taken specific corrective actions. (c) Sanctions.--The sanctions to be imposed pursuant to subsection (a)(1) are, except as provided in subsection (d), that no United States person shall, either directly or indirectly, procure, import, sell, export, or otherwise provide or enter into any contract to procure, import, sell, export, or otherwise provide any goods, technology, or services to or from any person described in subsection (a)(2). (d) Exceptions.--(1) The sanctions of subsection (c) shall not apply-- (A) in the case of procurement by the United States Government of vital defense articles or defense services which cannot readily and reasonably be acquired in sufficient quantities from other nonsanctioned foreign persons and which are essential to satisfy current United States operational military needs; or (B) with respect to medical or other humanitarian items. (2) Whenever the President makes a determination under this subsection to exempt certain goods, technology, or services from the sanctions of subsection (c), the President shall submit a report to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate stating the reasons for such exemption. (e) Termination of Sanctions.--Sanctions imposed pursuant to this section shall apply for a period of at least 12 months following the imposition of the sanctions and shall cease to apply thereafter only if the President determines and certifies to the Congress that-- (1) reliable information indicates that the foreign person with respect to which the determination was made under subsection (a)(1) has ceased to violate United Nations Security Council Resolution 748 with respect to Libya; and (2) the President has received reliable assurances from the foreign person that such person will not, in the future, violate United Nations Security Council Resolution 748 with respect to Libya. (f) Waiver.-- (1) Criterion for waiver.--The President may waive the application of any sanction imposed on any person pursuant to this section, after the end of the 12-month period beginning on the date on which that sanction was imposed on that person, if the President determines and certifies to the Congress that the continued imposition of the sanction would have a serious adverse effect on vital United States interests. (2) Notification of and report to congress.--If the President decides to exercise the waiver authority provided in paragraph (1), the President shall so notify the Congress not less than 20 days before the waiver takes effect. Such notification shall include a report fully articulating the rationale and circumstances which led the President to exercise the waiver authority. (g) Administration and Enforcement.--(1) The President may delegate his authority under this section to the Secretary of the Treasury. (2) Consistent with the provisions of this section, the authorities of the International Emergency Economic Powers Act which relate to the administration and enforcement of that Act shall apply to the administration and enforcement of sanctions imposed under this section. (3) Section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705), relating to civil and criminal penalties, shall apply to violations of sanctions imposed under this section to the same extent and in the same manner as such penalties apply to violations of licenses, orders, or regulations under that Act. (h) Definitions.--For the purposes of this section-- (1) the term ``foreign person'' includes-- (A) any individual who is neither a citizen of the United States nor an alien lawfully admitted for permanent residence to the United States; (B) any corporation, partnership, association, organization or other entity which is created or organized under the laws of a foreign country or which has its principal place of business outside the United States; or (C) any agency or instrumentality of a foreign government; and (2) the term ``United States person'' means-- (A) any United States citizen or permanent resident alien; (B) juridical person organized under the laws of the United States or any jurisdiction within the United States, including any foreign branch; (C) any person in the United States; or (D) the United States Government or any agency or instrumentality thereof. SEC. 3. PROTECTION OF PARTICIPANTS IN THE REWARDS PROGRAM. Subsection 36(e) of the State Department Basic Authorities Act (22 U.S.C. 2708) is amended by inserting ``(1)'' immediately following ``(e)'' and adding the following new paragraph: ``(2)(A) Whenever the information which would justify a reward under subsection (a) is furnished by an alien and the Secretary of State and the Attorney General jointly determine that the protection of such alien or the alien's immediate family requires the admission of such alien or aliens to the United States, then such alien, and the alien's immediate relatives, if necessary, may be issued visas and admitted to the United States for permanent residence, without regard to the requirements of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). ``(B) The total number of aliens admitted to the United States under subparagraph (A) shall not exceed 25 in any one fiscal year. ``(C) For purposes of this paragraph, the term `immediate relative' has the same meaning given to such term in section 201(b)(2) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(2)).''. SEC. 4. INCREASE IN CRIMINAL PENALTIES FOR THE MISUSE OF PASSPORTS. Section 1544 of title 18, United States Code, is amended-- (1) by striking ``$2,000'' and inserting in lieu thereof ``$50,000''; and (2) by striking ``five years'' and inserting in lieu thereof ``ten years''. SEC. 5. SANCTION ON FOREIGN AIR TRANSPORTATION. (a) Determination.--Whenever the President determines that a country is not complying with United Nations Security Council Resolution 748 with respect to Libya, he shall so certify to the Congress. (b) Notification of Foreign Government.--(1) The President is authorized to notify the government of a country with respect to which the President has made a determination pursuant to subsection (a) of his intention to suspend the authority of foreign air carriers owned or controlled by the government of that country to engage in foreign air transportation to or from the United States. (2) Within 10 days after the date of notification of a government under paragraph (1), the Secretary of Transportation shall take all steps necessary to suspend at the earliest possible date the authority of any foreign air carrier owned or controlled, directly or indirectly, by that government to engage in foreign air transportation to or from the United States, notwithstanding any agreement relating to air services. (c) Termination of Air Service Agreements.--(1) The President may direct the Secretary of State to terminate any air service agreement between the United States and a country with respect to which the President has made a determination pursuant to subsection (a), in accordance with the provisions of that agreement. (2) Upon termination of an agreement under this subsection, the Secretary of Transportation shall take such steps as may be necessary to revoke at the earliest possible date the right of any foreign air carrier owned, or controlled, directly or indirectly, by the government of that country to engage in foreign air transportation to or from the United States. (d) Exceptions.--The Secretary of Transportation may provide for such exceptions from subsections (b) and (c) as the Secretary considers necessary to provide for emergencies in which the safety of an aircraft or its crew or passengers is threatened. (e) Definitions.--For purposes of this section, the terms ``air transportation'', ``air carrier'', ``foreign air carrier'', and ``foreign air transportation'' have the meanings such terms have under section 101 of the Federal Aviation Act of 1958 (49 U.S.C. App. 1301). SEC. 6. LIMITATION ON TRANSFERS OF INFORMATIONAL MATERIALS. (a) Amendment to the International Emergency Economic Powers Act.-- Section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)) is amended by inserting before the period at the end thereof the following: ``, except that informational materials do not include materials containing technical or commercial data of value to the economy of a foreign country whose transactions are otherwise regulated or prohibited under this section''. (b) Amendment to the Trading With the Enemy Act.--Section 5(b)(4) of the Trading With the Enemy Act (50 U.S.C. App. 5(b)(4)) is amended by inserting before the period at the end thereof the following: ``, except that informational materials do not include materials containing technical or commercial data of value to the economy of a foreign country whose transactions are otherwise regulated or prohibited under this section''. SEC. 7. INCREASE IN CIVIL PENALTIES. Section 206(a) of the International Emergency Economic Powers Act (50 U.S.C. 1705(a)) is amended by striking out ``$10,000'' and inserting in lieu thereof ``$100,000''. SEC. 8. STATEMENT OF CONSTRUCTION. Nothing in this Act restricts or limits any authority contained in or actions taken pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701-1706), the Trading With the Enemy Act (50 U.S.C. App. 5(b)), or any other authority under which economic sanctions have been or may be imposed and enforced.

International Sanctions Enforcement Act of 1993 - Authorizes the President to prohibit U.S. persons from procuring, importing, selling, or exporting goods or services to or from any foreign person who has knowingly violated United Nations Security Council Resolution 748 imposing sanctions against Libya. Urges the President to initiate consultations with foreign governments with jurisdiction over such persons with respect to the imposition of sanctions. Requires the President to impose the sanctions unless he certifies to the Congress that a government has taken actions to terminate the involvement of a person in such activities. Exempts the procurement of vital defense articles by the U.S. Government and medical or other humanitarian items from sanctions under this Act. Aplies sanctions for at least 12 months and terminates sanctions only if the President certifies to the Congress that a person has ceased to, and will not in the future, violate the Resolution. Permits the President to waive sanctions after such period if he certifies to the Congress that continued imposition would have a serious adverse effect on U.S. interests. Applies enforcement authorities and penalty provisions of the International Emergency Economic Powers Act to sanctions and violations under this Act. Amends the State Department Basic Authorities Act to authorize the issuance of residence visas for protection purposes to up to 25 aliens (per fiscal year) who furnish information concerning acts of international terrorism against U.S. persons or property. Increases criminal penalties for the misuse of passports. Directs the President to certify to the Congress whenever he determines that a country is not complying with the Resolution. Suspends service of such countries' air carriers to or from the United States and authorizes the revocation of their rights to engage in air transportation to or from the United States. Amends the International Emergency Economic Powers Act to regulate or prohibit the importation or exportation of informational materials containing technical or commercial data of value to the economy of a foreign country whose transactions are otherwise regulated or prohibited. Increases the amount of civil penalties authorized for violations of such Act.

International Sanctions Enforcement Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Mental Health Screening and Prevention Act of 2002''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Over the past 20 years, advances in scientific research have changed the way of thinking about children's mental health and proven that the same mental disorders that afflict adults can also occur in children and adolescents. (2) In January 2001, the Report of the Surgeon General's Conference on Children's Mental Health noted that 74 percent of individuals age 21 with mental disorders had prior problems, indicating that children's mental disorders often persist into adulthood. (3) Scientific research has demonstrated that early identification and treatment of mental disorders in youth greatly improves a child or adolescent's prognosis throughout his or her lifetime. (4) In January 2001, the Surgeon General noted that, while 1 in 10 children and adolescents in the United States suffers from mental illness severe enough to cause some level of impairment, only 1 in 5 of such children and adolescents receives needed mental health treatment. (5) In September 2002, the National Council on Disability noted that between 60 and 70 percent of youth in the juvenile justice system have an emotional disturbance and almost 50 percent have co-occurring disabilities. (6) The World Health Organization has reported that youth neuropsychiatric disorders will rise by over 50 percent by 2020, making such disorders 1 of the top 5 causes of disability, morbidity, and mortality among children and adolescents. (7) Psychological autopsy studies have found that 90 percent of youths who end their own lives have depression or another diagnosable mental or substance abuse disorder at the time of their deaths, verifying a link between mental illness and suicide. (8) In 1999, the Surgeon General recognized that mental illness and substance abuse disorders are, in fact, the greatest risk factors for suicidal behavior, and that properly identifying and treating mental illness and substance abuse disorders are an important part of suicide prevention activities. (9) The National Council on Disability has also stated that ``the failure to identify and treat mental disabilities between children and youth has serious consequences, including school failure, involvement with the justice system and other tragic outcomes,'' including ``the growing problem of teen suicides and/or suicide attempts''. (10) The Centers for Disease Control and Prevention reported that in 2000 suicide was the 3rd leading cause of death among youth 15 to 24 years of age. (11) The Substance Abuse and Mental Health Services Administration reported that in 1999 almost 3,000,000 youth were at risk for suicide, but only 36 percent received mental health treatment. (12) According to the Youth Risk Behavior Surveillance System of the Centers for Disease Control and Prevention, among high school students surveyed in 2001, 19 percent had seriously considered attempting suicide, almost 15 percent had made a specific plan to attempt suicide, almost 9 percent had attempted suicide, and almost 3 percent had made an attempt at suicide that required medical attention. (13) The Centers for Disease Control and Prevention reported that each year in the United States, almost as many adolescents and young adults commit suicide as die from all natural causes combined, including leukemia, birth defects, pneumonia, influenza, and AIDS. (14) In January 2001, the Surgeon General issued a goal to ``improve the assessment of and recognition of mental health needs in children'' in part by encouraging ``early identification of mental health needs in existing preschool, child care, education, health, welfare, juvenile justice, and substance abuse treatment systems''. (15) Toward that end, the efforts, initiatives, and activities of the Federal Government should be used to support evidence-based preventive-screening methods to detect mental illness and suicidal tendencies in school-age youth. SEC. 3. MENTAL HEALTH SCREENING DEMONSTRATION PROJECT. (a) In General.--The Secretary of Health and Human Services, the Secretary of Education, and the Attorney General, acting jointly and in consultation with the Directors (as that term is defined in subsection (j)), shall make a grant to 1 demonstration facility in each of the 10 demonstration areas (designated under subsection (b)) to implement evidence-based preventive-screening methods to detect mental illness and suicidal tendencies in school-age youth. (b) Designation of Demonstration Areas.-- (1) Designation.--Not later than 6 months after the date of enactment of this Act, the Secretaries, in consultation with the Directors, shall designate 10 demonstration areas for purposes of making grants under this section. (2) Inclusion of certain areas.--The Secretaries shall include in the demonstration areas designated under paragraph (1) at least 1 of each of the following: (A) An urban area that is eligible for designation under section 332 of the Public Health Service Act (42 U.S.C. 254e) as a health professional shortage area. (B) An area that has a shortage of mental health professionals. (C) An area in a county that is not included in any standard metropolitan statistical area. (D) An area in a county that is included in a standard metropolitan statistical area. (E) An area that is located in an Indian reservation. (c) Period of Grants.--Each grant made under subsection (a) shall be for a period of 3 years. (d) Application Requirements.-- (1) In general.--To seek a grant under this section, a demonstration facility shall submit an application at such time and in such manner as the Secretaries reasonably require. (2) Contents.--An application submitted by a demonstration facility for a grant under subsection (a) shall-- (A) demonstrate that the facility has formed a multidisciplinary project implementation committee; (B) specify an evidence-based preventive-screening method to be implemented with the grant; (C) demonstrate that the facility has the means to obtain the necessary resources and tools, other than personnel, to implement the specified evidence-based preventive-screening method; (D) demonstrate that the facility has existing staff, will hire new staff, or will partner with staff from a local, licensed mental health or medical organization to conduct the specified evidence-based screening method, and that such staff will include at least 1 licensed mental health professional with a minimum of a master's degree in a mental health discipline; (E) identify the location (which need not be at the facility) where the specified evidence-based preventive-screening method will be implemented; (F) demonstrate that the facility has obtained full approval to screen at such location; (G) identify the sample of school-age youth to be screened with the specified evidence-based preventive- screening method; (H) identify a method for obtaining written consent from the parent or legal guardian of any minor taking part in the specified evidence-based preventive- screening method; (I) identify, for the purpose of determining the ability of the facility to case manage treatment for participating youth, the capacity of licensed individuals or entities offering mental health care (including any such mental health professionals, hospitals, residential treatment centers, and outpatient clinics) to accept referral of individuals for further mental health evaluation and treatment-- (i) within 10 miles of the location identified under subparagraph (E); and (ii) within 40 miles of such location; and (J) contain such other information as the Secretaries reasonably require. (e) Information Collection.--The Secretaries may not make a grant to an applicant under subsection (a) for a demonstration project unless the applicant agrees to collect the following: (1) Information on the demographics of youth participating in the project, including-- (A) the number of youth solicited to participate in the project, including the number of such youth disaggregated by age, gender, and ethnicity; and (B) the number of youth actually participating in the project, including the number of such youth disaggregated by age, gender, and ethnicity. (2) Information on the outcomes of evidence-based preventive-screening methods, including-- (A) the number of screening refusals, due to lack of consent by a parent or legal guardian or refusal of the youth; (B) the number of youth with positive outcomes for all mental illnesses, including such number disaggregated by disorder; (C) the number of youth with positive outcomes for suicidal ideation; and (D) the number of youth with positive outcomes for suicide attempts. (3) Information on referrals based on outcomes, including-- (A) the number of youth referred for clinical interviews to determine need for further evaluation or treatment; (B) the number of youth referred for further evaluation or treatment, including such number disaggregated by type and location of treatment; (C) the number of youth and their parents or legal guardians who accept referrals for further evaluation or treatment; and (D) the number of youth and their parents or legal guardians who refuse referrals for further evaluation or treatment. (4) Information on treatment based on referrals, including-- (A) the number of referred youth who accepted a referral but did not show up for the first evaluation or treatment appointment; (B) the number of referred youth who attended 1 appointment; (C) the number of referred youth who attended 2 to 5 appointments; (D) the number of referred youth who attended 6 to 10 appointments; and (E) the number of referred youth who attended more than 10 appointments. (5) To the extent practicable, information on suicide attempts, suicide rates, and access to evidence-based mental health screening and suicide prevention programs among school- age youth for the 3 years preceding the commencement of the project. (6) Such additional information as the Secretaries reasonably require. (f) Information Reporting.--The Secretaries may not make a grant to an applicant under subsection (a) for a demonstration project unless the applicant agrees to report information collected under subsection (e) to the Secretaries as follows: (1) Information collected under paragraphs (1), (2), (3), (4), and (6) of subsection (e) shall be reported-- (A) not later than the date that is 2 months after completion of the 1st year of the project; (B) not later than the date that is 2 months after completion of the 2nd year of the project; and (C) not later than the date that is 2 months after completion of the 3rd year of the project. (2) Any information collected under paragraph (5) of subsection (e) shall be reported not later than the date that is 6 months after commencement of the demonstration project. (g) Feasibility of Collecting Information on Preceding Years.--In making grants under subsection (a), the Secretaries may not discriminate against an applicant because it will not be practicable, owing to insufficient funds or otherwise, for the applicant to collect information under subsection (e)(5). (h) Advisory Panel.-- (1) Establishment.--Not later than 14 months after making the first grant under subsection (a), the Secretaries shall convene an advisory panel. (2) Duties.--The advisory panel shall-- (A) assist in the review and evaluation of the information collected and reported pursuant to subsections (e) and (f), respectively; and (B) submit recommendations to each of the Secretaries on the use or improvement of evidence-based preventive-screening methods to detect mental illness and suicidal tendencies in school-age youth. (3) Membership.--The advisory panel shall consist of not more than 20 members, and the members shall represent the following: (A) National or local organizations representing for-profit and nonprofit mental health care treatment facilities. (B) National or local organizations representing mental health care professionals. (C) National or local organizations representing mental health care consumers. (D) National or local organizations representing school-based mental health care professionals. (E) National or local organizations dedicated to school-based health care. (F) National or local organizations representing school administrators. (G) National or local organizations representing school boards and school board members. (H) National or local organizations representing juvenile justice professionals. (I) National or local organizations dedicated to juvenile justice. (J) National or local organizations representing foster care professionals. (K) National or local organizations dedicated to foster care. (L) National or local organizations dedicated to child welfare. (M) Accredited child and adolescent psychiatric programs at national medical colleges and universities. (N) Any other entities or individuals that the Secretaries deem appropriate. (i) Report.--Not later than 6 months after the end of the 3-year grant period for the last grant made under subsection (a), the Secretaries, in consultation with the Directors and the advisory panel, shall submit to the Congress a report on the grants made under this section. Such report shall be based on the information collected and reported under subsections (e) and (f), respectively, and shall include the evaluation and recommendations of the advisory panel. (j) Definitions.--In this section: (1) Advisory panel.--The term ``advisory panel'' means the advisory panel convened under subsection (h). (2) Demonstration facility.--The term ``demonstration facility'' means a facility that serves at-risk youth or performs outreach to school-age youth, including any elementary school, secondary school, school-based health center, juvenile justice facility, foster care setting, homeless shelter, youth drop-in center, youth outreach organization, or youth residential treatment center. (3) Directors.--The term ``Directors'' means the Administrator of the Health Resources and Services Administration, the Administrator of the Substance Abuse and Mental Health Services Administration, the Director of the Centers for Disease Control and Prevention, the Director of the Indian Health Service, and the Director of the National Institute of Mental Health. (4) Elementary school; secondary school.--The terms ``elementary school'' and ``secondary school'' have the meanings given those terms in section 9101 of the Elementary and Secondary Education Act (20 U.S.C. 7801). (5) Evidence-based preventive-screening method.--The term ``evidence-based preventive-screening method'' means a preventive-screening method that has been shown to be valid and effective through research that is conducted by independent scientific teams, is determined by well-regarded scientists to be of high quality, and meets the quality standards for publication in scientific peer-reviewed journals. (6) School-age youth.--The term ``school-age youth'' means an individual who is 6 to 18 years of age, or who is enrolled in any elementary school or secondary school. (7) Secretaries.--The term ``Secretaries'' means the Secretary of Health and Human Services, the Secretary of Education, and the Attorney General, acting jointly. (k) Authorization of Appropriations.--There are authorized to be appropriated to the Secretaries to carry out this section $3,000,000 for each of fiscal years 2004 through 2006, and such sums as may be necessary thereafter, to remain available until expended.

Children's Mental Health Screening and Prevention Act of 2002 - Directs the Secretary of Health and Human Services, the Secretary of Education, and the Attorney General (the "Secretaries"), in consultation with various other officials, to make a grant to one "demonstration facility" in each of ten areas to be selected by the Secretaries to implement screening to detect mental illness and suicidal tendencies in school-age youth. Defines "demonstration facility" as a facility serving at-risk youth or performing outreach to school-age youth.Requires the selected areas to include various areas, including one that has a shortage of mental health professionals and one located in an Indian reservation.Prohibits grants from going to applicants that do not agree to report certain information to the Secretaries, including on: (1) demographics of the youth in the project; (2) the outcomes of the screening; (3) referrals based on outcomes; (4) treatment based on referrals; (5) suicide, including suicide attempts and rates, to the extent practicable. Prohibits the Secretaries from discriminating against an applicant due to the applicant's inability to collect information on suicide.Directs the Secretaries to convene an advisory panel to advise each of the Secretaries regarding the use or improvement of the screening methods to detect mental illness and suicidal tendencies in school-age youth.

To establish a demonstration project to implement evidence-based preventive-screening methods to detect mental illness and suicidal tendencies in school-age youth at selected facilities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Terrorism Victim Compensation Equity Act''. SEC. 2. REFERENCES. Except as otherwise expressly provided, wherever 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 a reference to the September 11th Victim Compensation Fund of 2001 (Public Law 107-42; 49 U.S.C. 40101 note). SEC. 3. COMPENSATION FOR VICTIMS OF TERRORIST ACTS. (a) Definitions.--Section 402(4) is amended by inserting ``, related to the bombings of United States embassies in East Africa on August 7, 1998, related to the attack on the U.S.S. Cole on October 12, 2000, or related to the attack on the World Trade Center on February 26, 1993'' before the period. (b) Purpose.--Section 403 is amended by inserting `` or killed as a result of the bombings of United States embassies in East Africa on August 7, 1998, the attack on the U.S.S. Cole on October 12, 2000, or the attack on the World Trade Center on February 26, 1993'' before the period. (c) Determination of Eligibility for Compensation.-- (1) Claim form contents.--Section 405(a)(2)(B) is amended-- (A) in clause (i), by inserting ``, the bombings of United States embassies in East Africa on August 7, 1998, the attack on the U.S.S. Cole on October 12, 2000, or the attack on the World Trade Center on February 26, 1993'' before the semicolon; (B) in clause (ii), by inserting ``or bombings'' before the semicolon; and (C) in clause (iii), by inserting ``or bombings'' before the period. (2) Limitation.--Section 405(a)(3) is amended by striking ``2 years'' and inserting ``3 years''. (3) Collateral compensation.--Section 405(b)(6) is amended by inserting ``, the bombings of United States embassies in East Africa on August 7, 1998, the attack on the U.S.S. Cole on October 12, 2000, or the attack on the World Trade Center on February 26, 1993'' before the period. (4) Eligibility.-- (A) Individuals.--Section 405(c)(2)(A) is amended-- (i) in clause (i), by inserting ``, was present at the United States Embassy in Nairobi, Kenya, or the United States Embassy in Dar es Salaam, Tanzania, at the time, or in the immediate aftermath, of the bombings of United States embassies in East Africa on August 7, 1998, was on the U.S.S. Cole on October 12, 2000, or was present at the World Trade Center on February 26, 1993 at the time of the bombings of that building'' before the semicolon; and (ii) by striking clause (ii) and inserting the following: ``(ii) suffered death as a result of such an air crash or suffered death as a result of such a bombing;''. (B) Requirements.--Section 405(c)(3) is amended-- (i) in the heading for subparagraph (B) by inserting ``relating to september 11th terrorist acts'' before the period; and (ii) by adding at the end the following: ``(C) Limitation on civil action relating to other terrorist acts.-- ``(i) In general.--Upon the submission of a claim under this title, the claimant involved waives the right to file a civil action (or to be a party to an action) in any Federal or State court for damages sustained by the claimant as a result of the bombings of United States embassies in East Africa on August 7, 1998, the attack on the U.S.S. Cole on October 12, 2000, or the attack on the World Trade Center on February 26, 1993. The preceding sentence does not apply to a civil action to recover any collateral source obligation based on contract, or to a civil action against any person who is a knowing participant in any conspiracy to commit any terrorist act. ``(ii) Pending actions.--In the case of an individual who is a party to a civil action described in clause (i), such individual may not submit a claim under this title unless such individual withdraws from such action by the date that is 90 days after the date on which regulations are promulgated under section 4 of the Terrorism Victim Compensation Equity Act. ``(D) Individuals with prior compensation.-- ``(i) In general.--Subject to clause (ii), an individual is not an eligible individual for purposes of this subsection if the individual, or the estate of that individual, has received any compensation from a civil action or settlement based on tort related to the bombings of United States embassies in East Africa on August 7, 1998, the attack on the U.S.S. Cole on October 12, 2000, or the attack on the World Trade Center on February 26, 1993. ``(ii) Exception.--Clause (i) shall not apply to compensation received from a civil action against any person who is a knowing participant in any conspiracy to commit any terrorist act. ``(E) Victims of bombings of united states embassies in east africa.--An individual who suffered death as a result of a bombing or attack described in subparagraph (C)(i) shall not be an eligible individual by reason of that bombing or attack, unless that individual is or was a United States citizen.''. (C) Ineligibility of participants and conspirators.--Section 405(c) is amended by adding at the end the following: ``(4) Ineligibility of participants and conspirators.--An individual, or a representative of that individual, shall not be eligible to receive compensation under this title if that individual is identified by the Attorney General to have been a participant or conspirator in the bombings of United States embassies in East Africa on August 7, 1998, the attack on the U.S.S. Cole on October 12, 2000, or the attack on the World Trade Center on February 26, 1993.''. (D) Eligibility of members of the uniformed services.--Section 405(c) (as amended by subparagraph (C)) is further amended by adding at the end the following: ``(5) Eligibility of members of the uniformed services.--An individual who is a member of the uniformed services shall not be excluded from being an eligible individual by reason of being such a member.''. SEC. 4. REGULATIONS. Not later than 90 days after the date of enactment of this Act, the Attorney General, in consultation with the Special Master, shall promulgate regulations to carry out the amendments made by this Act, including regulations with respect to-- (1) forms to be used in submitting claims under this Act; (2) the information to be included in such forms; (3) procedures for hearing and the presentation of evidence; (4) procedures to assist an individual in filing and pursuing claims under this Act; and (5) other matters determined appropriate by the Attorney General.

Terrorism Victim Compensation Equity Act - Amends the September 11th Victim Compensation Fund of 2001 to provide compensation for the U.S. citizens who were victims of the bombings of United States embassies in East Africa on August 7, 1998, the attack on the U.S.S. Cole on October 12, 2000, or the attack on the World Trade Center on February 26, 1993, on the same basis as compensation is provided to victims of the terrorist-related aircraft crashes on September 11, 2001. States that a claimant under this Act waives the right to file a civil action in any Federal or State court for damages sustained in the incident, except against a knowing participant in any conspiracy to commit any terrorist act. Exempts from such waiver any civil action to recover a collateral source obligation based on contract.

A bill to amend the September 11th Victim Compensation Fund of 2001 (Public Law 107-42; 49 U.S.C. 40101 note) to provide compensation for the United States Citizens who were victims of the bombings of United States embassies in East Africa on August 7, 1998, the attack on the U.S.S. Cole on October 12, 2000, or the attack on the World Trade Center on February 26, 1993, on the same basis as compensation is provided to victims of the terrorist-related aircraft crashes on September 11, 2001.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Training and Research for Autism Improvements Nationwide Act of 2010'' or the ``TRAIN Act of 2010''. SEC. 2. UNIVERSITY CENTERS FOR EXCELLENCE INITIATIVES ON AUTISM SPECTRUM DISORDERS. (a) In General.--Subtitle D of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15061 et seq.) is amended-- (1) by inserting before section 151 the following: ``PART 1--GENERAL GRANT PROGRAMS FOR UNIVERSITY CENTERS FOR EXCELLENCE''; and (2) by adding at the end the following: ``PART 2--UNIVERSITY CENTERS FOR EXCELLENCE INITIATIVES ON AUTISM SPECTRUM DISORDERS ``SEC. 157. AUTISM SPECTRUM DISORDERS INITIATIVE GRANTS AND TECHNICAL ASSISTANCE. ``(a) Grants.-- ``(1) In general.--The Secretary shall award multiyear grants for the purpose described in paragraph (2) to University Centers for Excellence in Developmental Disabilities Education, Research, and Service that are funded under part 1 and engaged in the core functions described in section 153(a)(2). ``(2) Purpose.--The purpose described in this paragraph is to provide individuals with interdisciplinary training, continuing education, technical assistance, and information for the purpose of improving services rendered to children and adults on the autism spectrum, and their families, to address unmet needs related to autism spectrum disorder. For purposes of the previous sentence, individuals shall include children and adults on the autism spectrum, families of such children and adults, health professionals (including allied health professionals), and vocational training and educational professionals. ``(3) Application requirements.--A University Center for Excellence in Developmental Disabilities Education, Research, and Service that desires to receive a grant under this section shall submit to the Secretary an application-- ``(A) demonstrating that the Center has capacity to-- ``(i) provide training and technical assistance in evidence-based practices to evaluate, and provide effective interventions, services, treatments, and supports to, children and adults on the autism spectrum and their families; ``(ii) provide individuals on the autism spectrum, and the families of such individuals, opportunities to advise and direct activities under the grant to ensure that an individual- centered, and family-centered, approach is used; ``(iii) share and disseminate materials and practices that are developed for, and evaluated to be effective in, the provision of training and technical assistance; and ``(iv) provide training, technical assistance, interventions, services, treatments, and supports under this section statewide; ``(B) providing assurances that the Center will-- ``(i) provide trainees under this section with an appropriate balance of interdisciplinary didactic and community-based experiences; and ``(ii) provide to the Secretary, in the manner prescribed by the Secretary, data regarding the number of individuals who have benefitted from, and outcomes of, the provision of training and technical assistance under this section; ``(C) providing assurances that training, technical assistance, dissemination of information, and services under this section will-- ``(i) be consistent with the goals of this Act, the Americans with Disabilities Act of 1990, the Individuals with Disabilities Education Act, and the Elementary and Secondary Education Act of 1965; ``(ii) supplement, and not supplant, activities funded under this subtitle (other than this section); ``(iii) be planned and designed with the participation of individuals on the autism spectrum and the families of such individuals; and ``(iv) be conducted in coordination with relevant State agencies, institutions of higher education, and service providers; and ``(D) containing such other information and assurances as the Secretary may require. ``(4) Amount of grants.--The amount of a grant to a University Center for Excellence in Developmental Disabilities Education, Research, and Service for a fiscal year under this section shall be not less than $250,000. ``(b) Technical Assistance.--The Secretary may reserve not more than 2 percent of the amount appropriated to carry out this section for a fiscal year to make a grant to a national organization with demonstrated capacity for providing training and technical assistance to-- ``(1) assist in national dissemination of specific information, including evidence-based best practices, from interdisciplinary training programs, and when appropriate, other entities whose findings would inform the work performed by University Centers for Excellence in Developmental Disabilities Education, Research, and Service awarded grants under this section; ``(2) compile and disseminate strategies and materials that prove to be effective in the provision of training and technical assistance so that the entire network can benefit from the models, materials, and practices developed in individual centers; ``(3) assist in the coordination of activities of grantees under this section; ``(4) develop a (or enhance an existing) Web portal that will provide linkages to each of the individual training initiatives and provide access to training modules, promising training, and technical assistance practices and other materials developed by grantees; ``(5) serve as a research-based resource for Federal and State policymakers on information concerning the provision of training and technical assistance for the assessment, and provision of supports and services for, children and adults on the autism spectrum; ``(6) convene experts from multiple interdisciplinary training programs, individuals on the autism spectrum, and the families of such individuals to discuss and make recommendations with regard to training issues related to assessment, interventions, services, treatment, and supports for children and adults on the autism spectrum; and ``(7) undertake any other functions that the Secretary determines to be appropriate. ``(c) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated $17,000,000 for each of the fiscal years 2012 through 2016. ``SEC. 158. CAPACITY BUILDING GRANTS. ``(a) Grants.--The Secretary shall award multiyear grants to not more than 4 University Centers for Excellence in Developmental Disabilities Education, Research, and Service described in paragraph (1) of section 157(a) to-- ``(1) collaborate with minority institutions to-- ``(A) provide services described in such section to individuals on the autism spectrum who are from racial and ethnic minority populations and to their families; and ``(B) conduct research and education focused on racial and ethnic minority populations; and ``(2) build capacity within such institutions to enable such institutions to apply to become University Centers for Excellence in Developmental Disabilities Education, Research, and Service capable of providing such services, research, and education. ``(b) Applicable Provisions.--The provisions of paragraphs (2) and (3) of section 157(a) shall apply with respect to grants under this section to the same extent and in the same manner as such provisions apply with respect to grants under section 157. ``(c) Prioritization.--In awarding grants under this section, the Secretary shall give priority to applicants that demonstrate collaboration with minority institutions that-- ``(1) have demonstrated capacity to meet the requirements of this section and provide services to individuals on the autism spectrum and their families; or ``(2) are located in a State with one or more underserved populations. ``(d) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $1,000,000 for each of the fiscal years 2012 through 2016. ``SEC. 159. DEFINITIONS. ``In this part: ``(1) The term `interventions' means educational methods and positive behavioral support strategies designed to improve or ameliorate symptoms associated with autism spectrum disorder. ``(2) The term `minority institution' has the meaning given to such term in section 365 of the Higher Education Act of 1965. ``(3) The term `services' means services to assist individuals on the autism spectrum to live more independently in their communities. ``(4) The term `treatments' means health services, including mental health services, designed to improve or ameliorate symptoms associated with autism spectrum disorder.''. (b) Conforming Amendments.--(1) Such subtitle is further amended-- (A) in section 152(a)(1), by striking ``subtitle'' and inserting ``part''; (B) in section 153(a)(2)(D), by striking ``subtitle'' and inserting ``part''; (C) in each of subparagraphs (B) and (D) of section 154(a)(3), by striking ``subtitle'' and inserting ``part''; (D) in each of paragraphs (1) and (3) of section 154(d), by striking ``subtitle'' and inserting ``part''; and (E) in each of subsections (a)(1) and (b) of section 156, by striking ``subtitle'' and inserting ``part''. (2) The table of contents in section 1(b) of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 is amended-- (A) by inserting before the item relating to section 151 the following: ``Part 1--General Grant Programs for University Centers for Excellence''; and (B) by inserting at the end of the items relating to subtitle D of title I the following: ``Part 2--University Centers for Excellence Initiatives on Autism Spectrum Disorders ``Sec. 157. Autism spectrum disorders initiative grants and technical assistance. ``Sec. 158. Capacity building grants. ``Sec. 159. Definitions.''. Passed the House of Representatives September 23, 2010. Attest: LORRAINE C. MILLER, Clerk.

Training and Research for Autism Improvements Nationwide Act or the TRAIN Act of 2010 - (Sec. 2) Amends the Developmental Disabilities Assistance and Bill of Rights Act of 2000 to require the Secretary of Health and Human Services (HHS) to award grants to University Centers for Excellence in Developmental Disabilities Education, Research, and Service to provide individuals (including children and adults on the autism spectrum, families of such children and adults, health professionals, and vocational training and educational professionals) with interdisciplinary training, continuing education, technical assistance, and information for the purpose of improving services rendered to such children and adults and their families to address unmet needs related to autism spectrum disorder. Sets forth application requirements for a Center desiring to receive a grant, which shall include providing assurances that activities under the grant will be planned and designed with the participation of such individuals and their families. Authorizes the Secretary to reserve not more than 2% of the amount appropriated for this Act for a fiscal year to make a grant to a national organization with a demonstrated capacity for providing training and technical assistance, including to: (1) assist in national dissemination of information from interdisciplinary training programs; (2) compile and disseminate effective strategies and materials for the provision of training and technical assistance; (3) assist in the coordination of activities of grantees; (4) develop or enhance a web portal that will provide links to individual training initiatives and access to training modules, promising training, and technical assistance practices and other materials developed by grantees; and (5) serve as a resource for federal and state policymakers. Requires the Secretary to award multiyear grants to not more than four Centers to: (1) collaborate with minority institutions to provide services to individuals on the autism spectrum who are from racial and ethnic minority populations and their families and to conduct research and education focused on racial and ethnic minority populations, and (2) build capacity within such institutions to enable such institutions to apply to become Centers capable of providing services, research, and education. Directs the Secretary to give priority to applicants that demonstrate collaboration with minority institutions that: (1) have demonstrated capacity to meet the requirements of this Act and provide services to individuals on the autism spectrum and their families, or (2) are located in a state with one or more underserved populations.

To amend subtitle D of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 to provide grants and technical assistance to University Centers for Excellence in Developmental Disabilities Education, Research, and Service to improve services rendered to children and adults on the autism spectrum, and their families, and for other purposes.

SECTION 1. SHORT TITLE; FINDINGS; PURPOSE. (a) Short Title.--This Act may be cited as the ``Compact-Impact Reimbursement Act''. (b) Findings.--Congress finds the following: (1) In approving the Compact of Free Association it was not the intent of Congress to cause adverse consequences for Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or the State of Hawaii. (2) Congress declared that if any adverse consequences to Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or the State of Hawaii resulted from implementation of the Compact of Free Association, Congress would act sympathetically and expeditiously to redress those adverse consequences. (3) The General Accounting Office has reported that migration from the Freely Associated States has had a significant impact on Guam, the Commonwealth of the Northern Mariana Islands, and the State of Hawaii. (4) By placing demands on local governments for health, educational, and other social services, migration under the Compact has adversely affected the budgetary resources of Guam, the Commonwealth of the Northern Mariana Islands, and the State of Hawaii. (5) Insufficient sums have been appropriated to cover the costs incurred by Guam, the Commonwealth of the Northern Mariana Islands, and the State of Hawaii, resulting from increased demands placed on health, educational, and other social services by individuals from the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau. (c) Purpose.--It is the purpose of this Act to address the unfunded Federal mandate and adverse financial consequences resulting from the Compact by meeting the obligations set forth in the Compact. SEC. 2. ENSURING MANDATORY APPROPRIATIONS AND HEALTH SERVICES REIMBURSEMENT AS PART OF COMPACT-IMPACT AID. (a) In General.--Section 104(e)(6) of the Compact of Free Association Act of 1985 (48 U.S.C. 1904(e)(6)) is amended to read as follows: ``(6) Impact costs.-- ``(A) Authorization and continuing appropriations.-- ``(i) In general.--There is hereby authorized and appropriated to the Secretary of the Interior, for each fiscal year from 2004 through 2023, $35,000,000 for grants to Guam, the State of Hawaii, the Commonwealth of the Northern Mariana Islands, and American Samoa to aid in defraying costs incurred by their governments as a result of increased demands placed on health, educational, social, or public safety services or infrastructure related to such services due to the residence of qualified nonimmigrants. ``(ii) Awarding.--The grants under clause (i) shall be-- ``(I) awarded and administered by the Department of the Interior, Office of Insular Affairs, or any successor thereto, in accordance with regulations, policies and procedures applicable to grants so awarded and administered; and ``(II) used only for health, educational, social, or public safety services, or infrastructure related to such services, specifically affected by qualified nonimmigrants. ``(iii) Enumeration.--For purposes of carrying out this subparagraph, the Secretary of the Interior shall provide for periodic enumerations of qualified nonimmigrants in Guam, the State of Hawaii, the Commonwealth of the Northern Mariana Islands, and American Samoa. The enumerations-- ``(I) shall be conducted at such intervals as the Secretary of the Interior shall determine, but no less frequently than every five years, beginning in fiscal year 2004; and ``(II) shall be supervised by the United States Bureau of the Census or other organization as the Secretary of the Interior may select. ``(iv) Allocation.--The Secretary of the Interior shall allocate to each of the governments of Guam, the State of Hawaii, the Commonwealth of the Northern Mariana Islands, and American Samoa, grants under clause (i) for a fiscal year on the basis of the ratio of the number of qualified nonimmigrants (as most recently enumerated under clause (iii)) in the respective jurisdiction to the total of such numbers for all the jurisdictions. ``(B) Treatment of certain health care impact costs.--Notwithstanding any other provision of law, for purposes of providing medical assistance for qualified nonimmigrants under title XIX of the Social Security Act in the case of a State or territory referred to in subparagraph (A)(i)-- ``(i) such individuals shall be treated in the same manner as an individual described in section 402(a)(2)(G) of Public Law 104-193, as amended; ``(ii) the Federal medical assistance percentage shall be the same percentage as is applied to medical assistance for services which are received through an Indian Health Service facility; and ``(iii) payments under such title for medical assistance for such individuals shall not be taken into account in applying any limitations under section 1108 of the Social Security Act. ``(C) Qualified nonimmigrant defined.--In this paragraph, term `qualified nonimmigrant' means a person admitted to the United States pursuant to-- ``(i) section 141 of the Compact of Free Association set forth in title II; or ``(ii) section 141 of the Compact of Free Association between the United States and the Government of Palau.''. (b) Effective Date.--Section 104(e)(6)(B) of the Compact of Free Association Act of 1985, as amended by subsection (a), shall apply to medical assistance for items and services furnished on or after October 1, 2003. SEC. 3. ENSURING FOOD STAMPS ELIGIBILITY AS PART OF COMPACT-IMPACT AID. (a) In General.--Section 104(e)(6) of the Compact of Free Association Act of 1985 (48 U.S.C. 1904(e)(6)), as amended by section 2, is further amended-- (1) by redesignating subparagraph (C) as subparagraph (D); and (2) by inserting after subparagraph (B) the following new subparagraph: ``(C) Treatment of certain social impact costs.-- Notwithstanding any other provision of law, with respect to the food stamp program as defined in section 3(h) of the Food Stamp Act of 1977-- ``(i) sections 401(a) and 402(a)(1) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 shall not apply to a qualified nonimmigrant to the same extent that such sections 401(a) and 402(a)(1) do not apply to the individuals described in section 402(a)(2)(G) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 by reason of such section 402(a)(2)(G); and ``(ii) section 16(e)(1) of the Food Stamp Act of 1977 shall not apply to a qualified nonimmigrant.''. (b) Effective Date.--Section 104(e)(6)(C) of the Compact of Free Association Act of 1985, as inserted by subsection (a), shall apply on and after October 1, 2003. SEC. 4. ENSURING THE CONTROL AND PREVENTION OF COMMUNICABLE DISEASES AS PART OF COMPACT-IMPACT AID. Section 105(o) of the Compact of Free Association Act of 1985 (48 U.S.C. 1905(o)) is amended to read as follows: ``(o) Communicable Disease Control Programs.--There are authorized to be appropriated for grants to the Governments of the Federated States of Micronesia, the Republic of the Marshall Islands, the Republic of Palau, Guam, the State of Hawaii, the Commonwealth of the Northern Mariana Islands, and American Samoa such sums as may be necessary for purposes of establishing or continuing programs for the control and prevention of communicable diseases, including (but not limited to) cholera and Hansen's Disease. The Secretary of the Interior shall assist the Governments of the Federated States of Micronesia, the Republic of the Marshall Islands, the Republic of Palau, Guam, the State of Hawaii, the Commonwealth of the Northern Mariana Islands, and American Samoa in designing and implementing such programs.''. SEC. 5. ENSURING AVAILABILITY OF DEPARTMENT OF DEFENSE MEDICAL FACILITIES AND NATIONAL HEALTH SERVICE CORPS SERVICES AS PART OF COMPACT-IMPACT AID. Section 105(k) of the Compact of Free Association Act of 1985 (48 U.S.C. 1905(k)) is amended to read as follows: ``(k) Availability of Defense Medical Facilities and National Health Service Corps Services.-- ``(1) Department of defense facilities.--The Secretary of Defense shall make available the medical facilities of the Department of Defense for use by individuals from the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau who are properly referred to such facilities by government authorities responsible for provision of medical services in the Federated States of Micronesia, the Republic of the Marshall Islands, the Republic of Palau, Guam, the State of Hawaii, the Commonwealth of the Northern Mariana Islands, and American Samoa. ``(2) National health service corps services.--The Secretary of Health and Human Services shall continue to make the services of the National Health Service Corps available to the residents of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau, to the same extent and for long as such services are authorized to be provided to persons residing in any other areas within or outside the United States.''. SEC. 6. ENSURING RETIREMENT OF MEDICAL REFERRAL DEBTS AS PART OF COMPACT-IMPACT AID. Section 105(d) of the Compact of Free Association Act of 1985 (48 U.S.C. 1905(d)) is amended-- (1) by striking paragraphs (1) and (2) and inserting the following: ``(1) In general.--In addition to the funds provided in Title Two, Article II, section 221(b) of the Compact, the United States shall make available to the Governments of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau such sums as may be necessary for the payment of the obligations incurred for the use of medical facilities in the United States, including any territories and commonwealths, by individuals from the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau, before October 1, 2003.''; (2) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and (3) in paragraph (2), as so redesignated, by striking ``or (2) of this subsection, as the case may be''.

Compact-Impact Reimbursement Act - Amends the Compact of Free Association Act of 1985 to authorize and appropriate to the Secretary of the Interior specified funds for FY 2004 through 2023 for grants to Guam, Hawaii, the Commonwealth of the Northern Mariana Islands, and American Samoa to aid in defraying costs incurred by their governments as a result of increased demands placed on health, educational, social, or public safety services, or infrastructure related to such services, due to the residence of qualified immigrants. Provides food stamp eligibility for such immigrants and qualified nonimmigrants. Authorizes appropriations for grants to the Governments of the Federated States of Micronesia, the Republic of the Marshall Islands, the Republic of Palua, Guam, Hawaii, the Commonwealth of the Northern Mariana Islands, and American Samoa for establishing or continuing programs for the control and prevention of communicable diseases, including cholera and Hansen's Disease. Directs the Secretaries of Defense and Health and Human Services to make medical facilities of the Department of Defense and the National Health Service Corps, respectively, available to the residents of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palua. Requires the United States to make available to the Governments of such States and Republics necessary sums for the payment of obligations incurred for the use of such facilities.

To amend the Compact of Free Association of 1985 to provide for adequate Compact-impact aid.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Peaceful Learning Act of 2014''. SEC. 2. DEFINITIONS. (a) In General.--Except as otherwise specifically provided, in this Act the definitions in section 5302 of title 49, United States Code, shall apply. (b) Additional Definitions.--In this Act, the following additional definitions apply: (1) Local educational agency.--The term ``local educational agency'' has the meaning given that term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) Rail operator.--The term ``rail operator'' means an owner or operator of a fixed rail public transportation facility. (3) Railway noise.--The term ``railway noise'' means noise caused by a fixed rail public transportation facility. (4) School.--The term ``school'' means an elementary school or a secondary school (as those terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)). SEC. 3. RAILWAY NOISE STUDY. (a) In General.--The Secretary of Transportation shall enter into an agreement with the National Academy of Sciences to conduct a study on railway noise in the United States. (b) Contents of Study.--In conducting the study, the National Academy of Sciences shall examine-- (1) the threshold of railway noise at which health begins to be affected; (2) the effectiveness of noise abatement programs for railway noise on the property of a school; (3) the impacts of railway noise on schools; and (4) the noise assessment practices of the Department of Transportation and whether such practices fairly and accurately reflect the burden of noise on communities. (c) Report.--Not later than 12 months after the date of the agreement entered into under subsection (a), the National Academy of Sciences shall transmit to the Secretary a report on the results of the study. Upon receipt of the report, the Secretary shall transmit a copy of the report to the appropriate committees of Congress. SEC. 4. NOISE MEASUREMENT AND EXPOSURE SYSTEMS. Not later than 12 months after the date of submission of the report under section 3, in consultation with the Administrator of the Environmental Protection Agency and Government, State, and interstate agencies that the Secretary of Transportation considers appropriate, the Secretary shall by regulation-- (1) establish a single system of measuring railway noise that-- (A) has a highly reliable relationship between projected railway noise exposure and surveyed reactions of individuals to noise; and (B) is applied uniformly in measuring railway noise near urbanized areas; (2) establish a single system for determining the exposure of individuals to railway noise in urbanized areas, including noise intensity, duration, frequency, and time of occurrence; and (3) based on the findings of the report required under section 3, determine minimum standards for railway noise levels on the property of a school located in an urbanized area. SEC. 5. NOISE EXPOSURE MAPS. (a) Submission and Preparation.--Not later than 12 months after the date of issuance of regulations under section 4, each rail operator shall submit to the Secretary of Transportation a noise exposure map showing any areas of nonconforming railway noise levels (based on the standards developed under section 4) that-- (1) adversely impact a school located in an urbanized area; and (2) are caused by operations of the rail operator. (b) Revised Maps.--If a change in the rail operations of a rail operator described in subsection (a) establishes a substantial new nonconforming noise level on the property of a school located in an urbanized area, or significantly reduces nonconforming noise levels on the property of such a school, that is not reflected in the noise exposure map, the rail operator shall submit a revised noise exposure map to the Secretary showing the new nonconforming noise levels or noise level reduction. SEC. 6. NOISE COMPATIBILITY PROGRAMS. (a) Program Submission.--A rail operator that submitted a noise exposure map under section 5 may submit a noise compatibility program to the Secretary of Transportation after-- (1) consulting with public agencies and planning authorities in the area covered by the map; and (2) notice and an opportunity for a public hearing. (b) Contents of Program.--A program submitted under subsection (a) shall state the measures the rail operator has taken or proposes to take to reduce existing nonconforming noise levels on the property of a school and prevent creating additional nonconforming noise levels in the area covered by the map. The measures may include constructing barriers or acoustical shielding and soundproofing of schools subject to a nonconforming noise level. (c) Approvals.--The Secretary shall approve or disapprove a program submitted under subsection (a) of this section not later than 180 days after receiving it. The Secretary shall approve the program if the program-- (1) is reasonably consistent with achieving the goal of reducing nonconforming noise levels on the property of a school and preventing the introduction of additional nonconforming noise levels on the property of a school; and (2) provides for necessary revisions because of a revised map submitted under section 5. (d) Grants.--The Secretary may incur obligations to make grants from amounts available under section 8 to carry out a project under a part of a noise compatibility program approved under subsection (c). A grant may be made to a rail operator submitting the program to carry out the program directly or in cooperation with-- (1) a local educational agency of a school that is subject to nonconforming noise levels; or (2) a unit of local government in the area surrounding the school that has nonconforming noise levels. (e) Federal Share.--The Federal share of a project for which a grant is made under subsection (d) is 80 percent of the cost of the project. SEC. 7. NONADMISSIBILITY OF NOISE EXPOSURE MAP AND RELATED INFORMATION AS EVIDENCE. No part of a noise exposure map or related information described in section 5 that is submitted to, or prepared by, the Secretary of Transportation and no part of a list of land uses the Secretary identifies as normally compatible with various exposures of individuals to noise may be admitted into evidence or used for any other purpose in a civil action asking for relief for noise resulting from the operation of a fixed rail public transportation facility. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated from the Mass Transit Account of the Highway Trust Fund under section 5338 of title 49, United States Code, such funds as may be necessary to carry out this Act.

Peaceful Learning Act of 2014 - Directs the Secretary of Transportation (DOT) to enter into an agreement with the National Academy of Sciences to study railway noise in the United States. Requires the Secretary, by regulation, to: establish a single system of measuring railway noise that: (1) has a highly reliable relationship between projected railway noise exposure and surveyed reactions of individuals to noise, and (2) is applied uniformly in measuring railway noise near urbanized areas; establish a single system for determining the exposure of individuals to railway noise in urbanized areas; and determine, based on the study findings, minimum standards for railway noise levels on the property of a school located in an urbanized area. Requires each rail operator to submit to DOT a noise exposure map showing any areas of nonconforming railway noise levels (based on such standards) that: (1) adversely impact a school located in an urbanized area, and (2) are caused by operations of the rail operator. Authorizes a rail operator that submitted a noise exposure map to DOT also to submit a noise compatibility program. Authorizes the Secretary to incur obligations to make grants to specified entities for up to 80% of the costs of carrying out a project under an approved noise compatibility program. Bars admission of a noise exposure map and related information into evidence, or their use for any other purpose, in a civil action asking for relief for noise resulting from the operation of a fixed rail public transportation facility.

Peaceful Learning Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Advancing Career Pathways Innovation Act''. SEC. 2. DEFINITIONS. In this Act: (1) ESEA definitions.--The terms ``elementary school'', ``local educational agency'', and ``secondary school'' have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) Business or industry partner.--The term ``business or industry partner'' means-- (A) a business; (B) an industry; or (C) a sector partnership (which has the meaning given the term ``industry or sector partnership'' in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102)). (3) Career pathway.--The term ``career pathway'' has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). (4) Eligible agency.--The term ``eligible agency'' means-- (A) a local educational agency; (B) a consortium of local educational agencies; or (C) a school operated or funded by the Bureau of Indian Education. (5) Indian.--The term ``Indian'' has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). (6) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (7) Native hawaiian.--The term ``Native Hawaiian'' has the meaning given the term in section 6207 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7517). (8) Registered apprenticeship program.--The term ``registered apprenticeship program'' means a program registered under the Act of August 16, 1937 (commonly known as the ``National Apprenticeship Act''; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.). (9) School partnership.--The term ``school partnership'' means a partnership that-- (A) shall include, at a minimum-- (i) an eligible agency; and (ii) one or more business or industry partners; and (B) may also include one or more of the following partners: (i) A community-based organization. (ii) A joint labor-management partnership. (iii) An institution of higher education. (iv) A State board or local board (as such terms are defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102)). (v) Any other entity that the Secretary, after consultation with the Secretary of Labor, considers appropriate. (10) Secretary.--The term ``Secretary'' means the Secretary of Education. SEC. 3. CAREER PATHWAYS INNOVATION GRANT PROGRAM. (a) Career Pathways Innovation Grant Program Established.-- (1) In general.--From amounts made available to carry out this section, the Secretary, after consultation with the Secretary of Labor, shall establish a career pathways innovation grant program, through which the Secretary shall award grants, on a competitive basis, to eligible agencies for the purpose of addressing the specialized skill needs of business and industry by carrying out career pathways programs, featuring school partnerships, that support career pathways at the secondary school level or career exploration at the elementary school level. (2) Duration.--A grant awarded under this section-- (A) shall be for a period of 3 years; and (B) may be renewed for one additional 2-year period, if the eligible agency demonstrates sufficient progress in achieving the goals of the initial grant. (b) Application.-- (1) In general.--An eligible agency desiring a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Contents; partnership agreement.--The application submitted under paragraph (1) shall include-- (A) an initial partnership agreement, entered into by the eligible agency and all members of the school partnership, that-- (i) specifies the duties and responsibilities of each partner; (ii) describes the commitment of resources or materials to be provided by each partner toward the school partnership, ensuring that the business or industry partners in the school partnership provide an amount of resources, in cash or in-kind, toward the activities supported under the grant that equals or exceeds the amount contributed by the eligible agency and the amount to be provided by the grant under this section; and (B) a description of how the eligible agency will ensure the quality of the career pathways program offered under the grant, including any program that leads to an industry-certified credential. (c) Award Basis.--In awarding grants under this section, the Secretary shall-- (1) ensure that, to the extent practicable based on the applications received under subsection (b)-- (A) not less than 15 percent of the grant funds available to carry out this section are awarded to rural eligible agencies; and (B) not less than 5 percent of the grant funds available to carry out this section are awarded to eligible agencies that serve a substantial percentage of Indian or Native Hawaiian children; and (2) except to the extent necessary to comply with paragraph (1), give priority to-- (A) any eligible agency whose school partnership includes an institution of higher education offering postsecondary credits, or an entity offering a registered apprenticeship program, through the career pathways program under the grant; and (B) any eligible agency whose career pathways program-- (i) at the secondary school level, offers concurrent enrollment opportunities for postsecondary credit; or (ii) leads to an industry-certified credential. (d) Use of Funds.-- (1) Required use of funds.--An eligible agency receiving grant funds under this section shall use grant funds to build or expand a career pathways program featuring school partnerships that supports career pathways at the secondary school level or career exploration at the elementary school level. (2) Permissive use of funds.--An eligible agency receiving grant funds under this section may use grant funds-- (A) to hire a designated career pathways partnership coordinator to seek out and build relationships with business or industry partners to foster and manage the school partnerships supported under the grant; (B) for the costs of new equipment, infrastructure (such as facilities, technology, and staffing), or transportation related to the career pathways program; (C) to recruit or train career and technical education teachers; (D) to provide externship opportunities for educators to spend time in industry; (E) for youth apprenticeship opportunities; (F) to provide, as part of the career pathway program, coursework that awards postsecondary credit at no cost to secondary school students; and (G) to support development of curricula that offer industry-certified credentials. (e) Requirements.-- (1) Matching funds.--An eligible agency that receives a grant under this section shall provide, toward the cost of the activities assisted under the grant and from non-Federal sources, an amount equal to or greater than the amount of the grant. Such matching amount may be in cash or in-kind and shall include support from business or industry partners of a school partnership in accordance with the partnership agreement described in subsection (b)(2). (2) Participation of business or industry partner.--In any case where a business or industry partner included in an initial partnership agreement described in subsection (b)(2)(A) withdraws from a school partnership supported under a grant under this section, the eligible agency shall notify the Secretary immediately of the withdrawal and of the eligible agency's plan for obtaining a comparable business or industry partner. (f) Reports.-- (1) Eligible agency reports.-- (A) Interim reports.--By not later than 18 months after receiving a grant under this section, the eligible agency shall submit a report to the Secretary demonstrating that the eligible agency is achieving sufficient progress toward the goals of the grant. (B) Final reports.--Each eligible agency receiving a grant under this section shall prepare and submit to the Secretary a final report regarding the use of funds for the grant, including the outcomes of the activities assisted under the grant, by not later than 90 days after the end of the grant period. (2) Secretary reports.--The Secretary shall prepare and submit to Congress, on an annual basis, a report regarding the grant program under this section that includes a summary of the reports received under paragraph (1) during the preceding year and the outcomes resulting from the use of grant funds. SEC. 4. CAREER PATHWAYS TECHNICAL ASSISTANCE. (a) In General.--The Secretary, acting through the Assistant Secretary of Career, Technical, and Adult Education, shall-- (1) administer and manage the career pathways innovation grants awarded under section 3; (2) provide technical assistance to eligible agencies preparing grant applications under section 3(b); and (3) support career pathways partnership coordinators, or other personnel of eligible agencies that have received a grant under section 3, in order to ensure that-- (A) the eligible agency participates in the required school partnership; and (B) the grant results in positive program outcomes. (b) Designated Personnel for Rural and Native-Serving Applications.--The Secretary shall designate not less than 1 employee of the Office of Career, Technical, and Adult Education who will exclusively support rural and native-serving eligible agencies with the preparation of grant applications under section 3(b) and the development of school partnerships necessary to apply for and implement a grant under section 3.

Advancing Career Pathways Innovation Act This bill requires the Department of Education (ED) to establish a career pathways innovation grant program to award competitive three-year grants to eligible agencies (a local educational agency, or consortium thereof, or a school operated or funded by the Bureau of Indian Education) for the purpose of addressing the specialized skill needs of business and industry by carrying out career pathways programs, featuring school partnerships, that support career pathways at the secondary school level or career exploration at the elementary school level. The Assistant Secretary of Career, Technical, and Adult Education shall: administer such grants; provide technical assistance to eligible agencies preparing grant applications; and support career pathways partnership coordinators, or other personnel of eligible agencies that have received a grant, in order to ensure that the eligible agency participates in the required school partnership and the grant results in positive program outcomes. ED must designate at least one employee of the Office of Career, Technical, and Adult Education who will exclusively support rural and native-serving eligible agencies with the preparation of grant applications and the development of school partnerships necessary to apply for and implement a grant.

Advancing Career Pathways Innovation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-Cuba Normalization Act of 2017''. SEC. 2. FINDINGS. Congress finds that-- (1) with the end of the cold war and the collapse of the Soviet Union, Cuba is no longer a threat to the United States or the Western Hemisphere; (2) the continuation of the embargo on trade between the United States and Cuba that was declared in 1962 is not fulfilling the purpose for which it was established; (3) in the former Soviet Union, the Eastern bloc countries, China, and Vietnam, the United States is using diplomatic, economic, cultural, academic, and scientific engagement to support its policy of promoting democratic and human rights reforms; (4) extension to Cuba of unconditional normal trade relations treatment would assist Cuba in developing its economy based on free market principles and becoming competitive in the global marketplace; (5) the United States can best support democratic change and human rights in Cuba by promoting trade and commerce, travel, communications, and cultural, academic, and scientific exchanges; (6) expanding bilateral trade relations is likely to promote further progress in Cuba on human rights and democratic rule and assist Cuba in adopting regional and world trading rules and principles; and (7) Cuba was one of the founding members of the General Agreement on Tariffs and Trade in 1947 and is an original member of the World Trade Organization, and extension of unconditional normal trade relations treatment to Cuba would enable the United States to avail itself of all rights under the World Trade Organization with respect to Cuba. SEC. 3. REMOVAL OF PROVISIONS RESTRICTING TRADE AND OTHER RELATIONS WITH CUBA. (a) Authority for Embargo and Sugar Quota.--Section 620(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(a)) is repealed. (b) Trading With the Enemy Act.--The authorities conferred upon the President by section 5(b) of the Trading With the Enemy Act, which were being exercised with respect to Cuba on July 1, 1977, as a result of a national emergency declared by the President before that date, and are being exercised on the day before the effective date of this Act, may not be exercised on or after such effective date with respect to Cuba. Any regulations in effect on the day before such effective date pursuant to the exercise of such authorities shall cease to be effective on such date. (c) Exercise of Authorities Under Other Provisions of Law.-- (1) Removal of prohibitions.--Any prohibition on exports to Cuba that is in effect on the day before the effective date of this Act under the Export Administration Act of 1979 (as continued in effect under the International Emergency Economic Powers Act) shall cease to be effective on such effective date. (2) Authority for new restrictions.--The President may, on and after the effective date of this Act-- (A) impose export controls with respect to Cuba under section 5, 6(j), 6(l), or 6(m) of the Export Administration Act of 1979 (as continued in effect under the International Emergency Economic Powers Act); and (B) exercise the authorities the President has under the International Emergency Economic Powers Act with respect to Cuba pursuant to a declaration of national emergency required by that Act that is made on account of an unusual and extraordinary threat, that did not exist before the enactment of this Act, to the national security, foreign policy, or economy of the United States. (d) Cuban Democracy Act.--The Cuban Democracy Act of 1992 (22 U.S.C. 6001 and following) is repealed. (e) Repeal of Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996.-- (1) Repeal.--The Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 is repealed. (2) Conforming amendments.--(A) Section 498A of the Foreign Assistance Act of 1961 (22 U.S.C. 2295a) is amended-- (i) in subsection (a)(11) by striking ``and intelligence facilities, including the military and intelligence facilities at Lourdes and Cienfuegos,'' and inserting ``facilities,''; (ii) in subsection (b)-- (I) in paragraph (4), by adding ``and'' after the semicolon; (II) by striking paragraph (5); and (III) by redesignating paragraph (6) as paragraph (5); and (iii) by striking subsection (d). (B) Section 498B(k) of the Foreign Assistance Act of 1961 (22 U.S.C. 2295b(k)) is amended by striking paragraphs (3) and (4). (C) Section 1611 of title 28, United States Code, is amended by striking subsection (c). (D) Sections 514 and 515 of the International Claims Settlement Act of 1949 (22 U.S.C. 1643l and 1643m) are repealed. (f) Trade Sanctions Reform and Export Enhancement Act of 2000.--The Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7201 et seq.) is amended-- (1) in section 906(a)(1) (22 U.S.C. 7205(a)(1))-- (A) by striking ``Cuba,''; and (B) by inserting ``(other than Cuba)'' after ``to the government of a country''; (2) in section 908 (22 U.S.C. 7207)-- (A) by striking subsection (b); (B) in subsection (a)-- (i) by striking ``Prohibition'' and all that follows through ``(1) In general.--'' and inserting ``In General.--''; (ii) by striking ``for exports to Cuba or''; (iii) by striking paragraph (2); and (iv) by redesignating paragraph (3) as subsection (b) (and conforming the margin accordingly); and (C) in subsection (b) (as redesignated), by striking ``paragraph (1)'' and inserting ``subsection (a)''; (3) by striking section 909 (22 U.S.C. 7208); (4) by striking section 910 (22 U.S.C. 7209); and (5) by redesignating section 911 as section 909. (g) Repeal of Prohibition on Transactions or Payments With Respect to Certain United States Intellectual Property.--Section 211 of the Department of Commerce and Related Agencies Appropriations Act, 1999 (as contained in section 101(b) of division A of Public Law 105-277; 112 Stat. 2681-88) is repealed. (h) Sugar Quota Prohibition Under Food Security Act of 1985.-- Section 902(c) of the Food Security Act of 1985 is repealed. SEC. 4. TELECOMMUNICATIONS EQUIPMENT AND FACILITIES. Any common carrier within the meaning of section 3 of the Communications Act of 1934 (47 U.S.C. 153) is authorized to install, maintain, and repair telecommunications equipment and facilities in Cuba, and otherwise provide telecommunications services between the United States and Cuba. The authority of this section includes the authority to upgrade facilities and equipment. SEC. 5. TRAVEL. (a) In General.--Travel to and from Cuba by individuals who are citizens or residents of the United States, and any transactions ordinarily incident to such travel, may not be regulated or prohibited if such travel would be lawful in the United States. (b) Transactions Incident to Travel.--Any transactions ordinarily incident to travel which may not be regulated or prohibited under subsection (a) include, but are not limited to-- (1) transactions ordinarily incident to travel or maintenance in Cuba; and (2) normal banking transactions involving foreign currency drafts, traveler's checks, or other negotiable instruments incident to such travel. SEC. 6. ONGOING DISCUSSIONS WITH CUBA. (a) Claims Issues.-- (1) In general.--The President shall take all necessary steps to conduct negotiations with the Government of Cuba for the purpose of settling claims of nationals of the United States against the Government of Cuba for the taking of property by such government. (2) Basis of negotiations.--These negotiations should use as their basis the three bilateral meetings between the United States and Cuba held between December 2015 and January 2017. (b) Human Rights.-- (1) In general.--The President shall take all necessary steps to engage in bilateral dialogue with the Government of Cuba for the purpose of securing the protection of internationally recognized human rights. (2) Continuation of dialogue.--This bilateral dialogue should be a continuation of the dialogue between the United States and Cuba initiated in 2016. (c) Definitions.--As used in this section, the terms ``national of the United States'' and ``property'' have the meanings given those terms in section 502 of the International Claims Settlement Act of 1949 (22 U.S.C. 1643a). SEC. 7. EXTENSION OF NONDISCRIMINATORY TRADE TREATMENT. (a) Sense of Congress.-- (1) In general.--It is the sense of the Congress that-- (A) the United States should promote democratic change and economic reform by normalizing trade relations with Cuba; and (B) upon the enactment of this Act, it will no longer be necessary for the United States to continue to use article XXI of the GATT 1994 with respect to Cuba, understanding that the President retains full authority to invoke article XXI of the GATT 1994 and comparable provisions in other Uruguay Round Agreements in the future in all appropriate circumstances. (2) Definitions.--In this section, the term ``GATT 1994'' and ``Uruguay Round Agreements'' have the meanings given those terms in section 2 of the Uruguay Round Agreements Act (19 U.S.C. 3501). (b) Extension of Nondiscriminatory Treatment to the Products of Cuba.-- (1) Harmonized tariff schedule amendments.--General note 3(b) of the Harmonized Tariff Schedule of the United States is amended-- (A) by striking ``to section 401 of the Tariff Classification Act of 1962,''; and (B) by striking ``Cuba''. (2) Repeal of section 401 of the tariff classification act of 1962.--Section 401 of the Tariff Classification Act of 1962 (76 Stat. 78) is repealed. (3) Termination of application of title iv of the trade act of 1974 to cuba.-- (A) Extension of nondiscriminatory treatment.-- Nondiscriminatory treatment (normal trade relations treatment) shall apply to the products of Cuba. (B) Termination of application of title iv.--Title IV of the Trade Act of 1974 (19 U.S.C. 2101 et seq.) shall cease to apply to Cuba. (4) Effective date.--This section, and the amendments and repeal made by this section, shall apply with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the effective date of this Act. (c) Report to Congress.--The President shall submit to the Congress, not later than 18 months after the date of the enactment of this Act, a report on trade relations between the United States and Cuba. SEC. 8. PROHIBITION ON LIMITING ANNUAL REMITTANCES. (a) In General.--Except as provided in subsection (b), the Secretary of the Treasury may not limit the amount of remittances to Cuba that may be made by any person who is subject to the jurisdiction of the United States, and the Secretary shall rescind all regulations in effect on the date of enactment of this Act that so limit the amount of those remittances. (b) Statutory Construction.--Nothing in subsection (a) may be construed to prohibit the prosecution or conviction of any person committing an offense described in section 1956 of title 18, United States Code (relating to the laundering of monetary instruments), or section 1957 of such title (relating to engaging in monetary transactions in property derived from specific unlawful activity). SEC. 9. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect 60 days after the date of the enactment of this Act.

United States-Cuba Normalization Act of 2017 This bill repeals the embargo on trade with Cuba. The bill: (1) makes ineffective certain prohibitions on exports to Cuba; (2) extends nondiscriminatory treatment (normal trade relations) to Cuban products; (3) prohibits regulation or banning of travel to and from Cuba, or of any transactions incident to such travel, by U.S. citizens or residents; and (4) repeals the President's authority to continue direct restrictions on trade with Cuba. The President shall take steps necessary to: (1) conduct negotiations with Cuba on settling claims of U.S. nationals for the taking of property by the Cuban government, and (2) engage in bilateral dialogue with Cuba on securing the protection of internationally recognized human rights.The President may establish specified export controls and trade restrictions with respect to Cuba as of the effective date of this bill. The President may impose export controls and exercise certain emergency economic authorities with respect to Cuba only if there is an unusual threat to U.S. national security. The bill repeals: (1) the Cuban Democracy Act of 1992, (2) the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996, (3) the prohibition against allocation of the annual sugar quota to a country unless such country verifies that it does not import Cuban sugar for reexport to the United States, and (4) the prohibition on transactions or payments respecting certain U.S. intellectual property. Cuba is removed from the list of state sponsors of terrorism subject to agricultural and medical export restrictions. Common carriers may provide telecommunications services, including installations and repairs, between the United States and Cuba. The Department of the Treasury may not limit the amount of remittances to Cuba that may be made by any person subject to U.S. jurisdiction.

United States-Cuba Normalization Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Accurate Background Check Act of 2013'' or as the ``ABC Act of 2013''. SEC. 2. PROCEDURES RELATING TO EMPLOYMENT-RELATED EXCHANGES OF RECORDS AND INFORMATION. Section 534 of title 28, United States Code, is amended by adding at the end the following: ``(g) Employment With Federal Government or Federal Contractor.-- ``(1) Procedures to ensure accuracy of records.--The Attorney General shall by rule provide for procedures to ensure that any records and information exchanged under this section for purposes of employment background checks are as accurate and complete as is reasonably possible. ``(2) Necessary elements of procedures.--The procedure under paragraph (1) shall ensure that, if a record or information is determined to be inaccurate or incomplete, then not later than 10 days after a request for an exchange of the record or information is made and prior to releasing the record or information to the requesting entity, the Attorney General shall correct or, if appropriate, delete or amend that information, and-- ``(A) conduct research in whatever State and local recordkeeping systems are available in order to obtain complete data; ``(B) maintain a disposition document database that contains information obtained pursuant to subparagraph (A) that cannot otherwise be posted or maintained and searched in other databases; ``(C) search the disposition document database established pursuant to subparagraph (B) and any other Federal databases that contain relevant disposition information; and ``(D) notify each appropriate reporting jurisdiction of any updated information obtained pursuant to this paragraph. ``(3) Completeness of record or information.--For purposes of this subsection, a record or information is incomplete if that record or information indicates that an arrest was made and does not include the disposition of that arrest. ``(4) Opportunity to review records or information.--In connection with an exchange of a record or information under this section for purposes of employment background checks, the Attorney General shall, prior to the exchange-- ``(A) obtain a statement of consent signed by the subject of such record or information authorizing the exchange of a record or information; ``(B) provide the applicant an opportunity to obtain a copy of the record or information upon request and to challenge the accuracy and completeness of that record or information; ``(C) promptly notify the requesting entity of any such challenge; ``(D) not later than 30 days after the challenge is made, complete an investigation of the challenge; ``(E) provide to the applicant the specific findings and results of that investigation; and ``(F) enter such findings in the disposition document database established pursuant to paragraph (2)(B). ``(5) Report of attorney general.--Not later than 2 years after the date of enactment of this Act, the Attorney General shall submit a report to Congress that includes-- ``(A) the number of requests for information made under this section; ``(B) appropriate statistical information to determine whether the exchange of records or information about arrests that did not result in convictions is affecting the employment opportunities of applicants to whom those records or information pertain; ``(C) any prolonged failure of a reporting jurisdiction to comply with a request by the Attorney General for information about dispositions of arrests; ``(D) the percentage of missing arrest dispositions located within the time limit required by this Act; and ``(E) the number of successful and unsuccessful challenges to the accuracy and completeness of records or information. ``(6) Certain other parties included as authorized officials for exchanges under this subsection.--For purposes of exchanges under this subsection, the term `employment background checks' includes background investigations authorized by Executive Order 10450, background investigations authorized by Homeland Security Presidential Directive 12, and any exchanges made pursuant to section 70105(d) of title 46, United States Code.''.

Accurate Background Check Act of 2013 or the ABC Act of 2013 - Amends the federal judicial code to require the Attorney General (DOJ) to provide procedures to ensure the accuracy and completeness of certain criminal records and information exchanged for employment background checks. Directs the Attorney General, if a record or information is inaccurate or incomplete, to correct, delete, or amend such information within 10 days after a request is made and prior to releasing the record to the requesting entity. Requires the Attorney General, in such an instance, to also research state and local recordkeeping systems, maintain a disposition document database to be searched along with other federal databases, and notify reporting jurisdictions of any updated information. Considers a record or information to be incomplete if it indicates that an arrest was made and does not include the disposition of such arrest. Requires the Attorney General, prior to such an employment background check exchange, to obtain the signed consent of the subject of such information, provide the applicant an opportunity to challenge the record, notify the requesting entity of any such challenge, and complete an investigation of such challenge within 30 days. Extends the procedures established pursuant to this Act to apply to authorized exchanges for: (1) national security background investigations for employment in federal service, (2) government-wide security standards for forms of identification issued to federal employees and contractors, and (3) government background checks for the issuance of transportation security cards to access the secure areas of shipping vessels and facilities.

ABC Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Transparent Review of the Affordability and Cost of Electricity (TRACE) Renewable Energy Act of 2010''. SEC. 2. FINDINGS. Congress finds the following: (1) Federal energy-specific subsidies and support to all forms of energy were estimated to be $16.6 billion in 2007, indicating that total Federal energy subsidies have more than doubled over the previous ten years, according to the Federal Financial Interventions and Subsidies in Energy Markets 2007 report by the Energy Information Administration. (2) Research, development, and installation of renewable and other low-emission technologies for electric power generation have been a high priority for the 110th and 111th Congresses. (3) There is a growing need for accurate reporting on the costs associated with each form of alternative energy generation technology because of the significant Federal action and investment in such technology. (4) The costs associated with alternative energy generation technology should be analyzed and made available to assess the ability of each new technology to compete in the marketplace, without Federal subsidy or support, and to optimize the deployment of such technology. (5) The Energy Information Administration has previously created forms and guidelines to collect the necessary information for such reporting and has collected information for several years; however, the program ended due to funding constraints and the lack of an authorization from Congress. SEC. 3. ELECTRIC PRODUCTION COST REPORT. Title II of the Public Utility Regulatory Policies Act of 1978 is amended by adding after section 214 (16 U.S.C. 824 note) the following: ``SEC. 215. ELECTRIC PRODUCTION COST REPORT. ``(a) Electricity Report.--The Secretary, acting through the Administrator of the Energy Information Administration (in this section referred to as the `Administrator'), shall prepare and publish an annual report, at the times specified in subsection (c), setting forth the costs of electricity production per kilowatt hour, by sector and energy source, for each type of electric energy generation. The report shall include each of the following for the period covered by the report: ``(1) The quantity of carbon dioxide emitted per kilowatt hour. ``(2) The cost of electricity generation in cents per kilowatt hour, or dollars per megawatt hour, for each type of electric energy generation in the United States. ``(3) The factors used to levelize costs, including amortized capital costs, current and projected fuel costs, regular operation and maintenance, projected equipment, and hardware lifetimes. ``(4) The costs for constructing new electric transmission lines dedicated to, or intended specifically to benefit, electric generation facilities in each sector and for each energy source, to the extent practicable. ``(b) Collection and Use of Data.-- ``(1) Data collection.--The Administrator shall collect data and use all currently available data necessary to complete the report under subsection (a). Such data may be collected from any electric utility, including public utilities, independent power producers, cogenerating and qualified facilities, and all State, local, and federally owned power producers. ``(2) Cooperation of other agencies.--The heads of other Federal departments, agencies, and instrumentalities of the United States shall assist with the collection of data as necessary to complete the report under subsection (a), including the Chairman of the Federal Energy Regulatory Commission, the Administrator of the Rural Utilities Service, the Director of the Minerals Management Service, and the Administrator of the Environmental Protection Agency. ``(c) Issuance of Reports.-- ``(1) Reports for data previously collected.--As soon as practicable, the Administrator shall prepare and publish reports containing the information specified in subsection (a) for each year for which the data was collected before the date of the enactment of this section. ``(2) Annual reports.-- ``(A) First report.--For the year 2012, the Administrator shall collect all necessary data for the completion of the report under subsection (a) by January 31, 2013, and shall issue the report based on that data by June 30, 2013. ``(B) Subsequent annual reports.--For each year after 2012, the Administrator shall collect all necessary data for the completion of the report under subsection (a) by January 31 of the year following the year for which the data was collected, and shall issue the report based on that data not later than April 30 of the year following the year for which the data was collected. ``(d) Review of Electricity Report.--Following the completion of each report under subsection (a), the Administrator may review the findings with organizations that have expertise in the energy industry and demonstrated experience generating similar industry reports, for the purpose of improving the utility, accuracy, and timeliness of future reports.''.

Transparent Review of the Affordability and Cost of Electricity (TRACE) Renewable Energy Act of 2010 - Amends the Public Utility Regulatory Policies Act of 1978 to direct the Secretary of Energy, acting through the Administrator of the Energy Information Administration, to prepare and publish an annual report setting forth the costs of electricity production per kilowatt hour, by sector and energy source, for each type of electric energy generation.

To amend the Public Utility Regulatory Policies Act of 1978 to provide for an annual electric production cost report.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cell Phone Theft Prevention Act of 2013''. SEC. 2. MOBILE DEVICE THEFT PREVENTION. (a) In General.--Part I of title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) is amended by adding at the end the following: ``SEC. 343. MOBILE DEVICE THEFT PREVENTION. ``(a) Provision of Service on Stolen Device.-- ``(1) Prohibition.--A provider of commercial mobile service or commercial mobile data service may not provide service on a mobile device that has been reported to such provider as stolen-- ``(A) by the person who holds the account with respect to such service; or ``(B) by another provider of commercial mobile service or commercial mobile data service, in accordance with paragraph (2). ``(2) Reporting by service providers.--A provider of commercial mobile service or commercial mobile data service to which a mobile device is reported stolen as described in paragraph (1)(A) shall inform all other providers of such service-- ``(A) that such device has been reported stolen; and ``(B) of any information necessary for the identification of such device. ``(b) Remote Deletion of Data.--A provider of commercial mobile service or commercial mobile data service on a mobile device shall make available to the person who holds the account with respect to such service the capability of deleting from such device, from a remote location, all information that was placed on such device after its manufacture. ``(c) Device Standards.--A person may not manufacture in the United States or import into the United States for sale or resale to the public a mobile device unless such device is-- ``(1) equipped with a mobile device identification number; and ``(2) configured in such a manner that the provider of commercial mobile service or commercial mobile data service on the device is able to make available the remote deletion capability required by subsection (b). ``(d) Alteration or Removal of Mobile Device Identification Number.-- ``(1) Prohibition.--It shall be unlawful to-- ``(A) knowingly remove, obliterate, tamper with, or alter a mobile device identification number; or ``(B) knowingly use, produce, traffic in, have control or custody of, or possess hardware or software, knowing it has been configured to engage in the conduct described in subparagraph (A). ``(2) Penalty.--Any person who violates paragraph (1) shall be fined under title 18, United States Code, imprisoned not more than 5 years, or both. ``(e) Definitions.--In this section: ``(1) Commercial mobile data service.--The term `commercial mobile data service' has the meaning given such term in section 6001 of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1401). ``(2) Commercial mobile service.--The term `commercial mobile service' has the meaning given such term in section 332. ``(3) Mobile device.--The term `mobile device' means a personal electronic device on which commercial mobile service or commercial mobile data service is provided. ``(4) Mobile device identification number.--The term `mobile device identification number' means an international mobile equipment identity number, electronic serial number, or any other number or signal that identifies a specific mobile device.''. (b) Report to FCC.--Not later than 1 year after the date of the enactment of this Act, each provider of commercial mobile service or commercial mobile data service that provides such service on a mobile device shall submit to the Federal Communications Commission a report on-- (1) the efforts such provider is making in order to be prepared to comply, not later than the effective date described in subsection (c)(1), with the requirements of subsections (a) and (b) of section 343 of the Communications Act of 1934, as added by subsection (a) of this section; and (2) the progress of such provider toward being prepared to comply with such requirements by such date. (c) Effective Date.-- (1) In general.--Such section 343 shall take effect on the date that is 2 years after the date of the enactment of this Act. (2) Devices previously manufactured or imported.--In the case of a mobile device that was manufactured in the United States (or imported into the United States, if such device was manufactured outside the United States) before the date that is 2 years after the date of the enactment of this Act, a provider of commercial mobile service or commercial mobile data service shall only be required to comply with subsections (a) and (b) of such section to the extent technologically feasible. (d) Definitions.--In this section, a term that is defined in such section 343 shall have the meaning given such term in such section.

Cell Phone Theft Prevention Act of 2013 - Amends the Communications Act of 1934 to prohibit a provider of commercial mobile or commercial mobile data service from providing service on a mobile device that has been reported to such provider as stolen: (1) by the person who holds the account with respect to such service, or (2) by another service provider receiving a report that the device has been stolen. Requires service providers receiving a report that a device has been stolen to inform all other providers. Directs service providers to make available to the account holders the capability of deleting, from a remote location, all information that was placed on a mobile device after its manufacture. Prohibits the manufacturing of a mobile device, or the importation of such a device into the United States for sale or resale to the public, unless the device is equipped with an identification number and configured with remote deletion capability. Establishes criminal penalties for the alteration or removal of a mobile device identification number or for the knowing use, production, trafficking in, control, custody, or possession of hardware or software configured to engage in the alteration or removal of such numbers.

Cell Phone Theft Prevention Act of 2013

SECTION 1. LIMITATION ON PUERTO RICO AND POSSESSION TAX CREDIT. (a) General Rule.--Section 936 of the Internal Revenue Code of 1986 (relating to Puerto Rico and possession tax credit) is amended by adding at the end thereof the following new subsection: ``(i) Denial of Credit for Income Attributable to Runaway Plants.-- ``(1) In general.-- ``(A) Income attributable to shareholders.--The runaway plant income of a corporation electing the application of this section for any taxable year (hereinafter in this subsection referred to as the `electing corporation') shall be included on a pro rata basis in the gross income of all shareholders of such electing corporation at the close of the taxable year of such electing corporation as income from sources within the United States for the taxable year of such shareholder in which or with which the taxable year of such electing corporation ends. ``(B) Exclusion from the income of an electing corporation.--The taxable income of an electing corporation shall be reduced by the amount which is included in the gross income of a shareholder of such corporation by reason of subparagraph (A). ``(2) Foreign shareholders; shareholders not subject to tax.-- ``(A) In general.--Paragraph (1)(A) shall not apply with respect to any shareholder-- ``(i) who is not a United States person, or ``(ii) who is not subject to tax under this title on runaway plant income which would be allocated to such shareholder (but for this subparagraph). ``(B) Treatment of nonallocated runaway plant income.--For purposes of this subtitle, runaway plant income of an electing corporation which is not included in the gross income of a shareholder of such corporation by reason of subparagraph (A) shall be treated as taxable income from sources within the United States. ``(3) Exclusion of income for qualification tests.--Any gross income taken into account in determining the amount of the runaway plant income of any electing corporation shall not be taken into account for purposes of subsection (a)(2). ``(4) Runaway plant income.--For purposes of this subsection, the term `runaway plant income' means the portion of the taxable income of the electing corporation which is attributable to a disqualified facility. ``(5) Disqualified facility.--For purposes of this subsection-- ``(A) In general.--The term `disqualified facility' means any facility at which operations are commenced with respect to the electing corporation after March 3, 1993 unless-- ``(i) the Secretary determines that operations at such facility-- ``(I) will not result in a substantial adverse effect on the level of employment at any facility in the United States operated by the electing corporation or a person related to the electing corporation, and ``(II) will not result in such an effect with respect to any other facility in the United States on account of changes in a supplier relationship to the electing corporation or a person related to the electing corporation, and ``(ii) the electing corporation files a request with the Secretary for a determination under clause (i) on or before the earlier of-- ``(I) the day 90 days after the date on which an application is submitted to the possession for tax incentives for such facility, or ``(II) the day 1 year before the date on which operations at such facility commence. The Secretary may treat a request not filed before the time required under clause (ii) as timely filed if the Secretary determines that there was reasonable cause for not filing the request before the time required. ``(B) Certain revocations required.-- ``(i) In general.--The Secretary shall revoke a determination under subparagraph (A)(i) at any time before the close of the 3- year period beginning on the date on which operations at the facility commenced if the Secretary determines that, on the basis of the facts and circumstances then known, the requirements of subparagraph (A)(i) are not satisfied. ``(ii) Misrepresentations, etc.--The Secretary shall, at any time, revoke a determination under subparagraph (A)(i) if, in connection with the request for such determination, there was a misrepresentation with respect to (or a failure to disclose) any material information by the electing corporation or a related person. ``(iii) Revocations retroactive.--If any determination is revoked under this subparagraph, this subsection (other than paragraph (8) thereof) shall be applied as if such determination had never been made. ``(C) Opportunity for public comment.--No determination may be made under subparagraph (A)(i) unless the Secretary allows an opportunity for public comment on the request for such determination. ``(6) Expansions treated as separate facilities.-- ``(A) In general.--For purposes of this subsection, any substantial increase in employment at a facility shall be treated as a separate facility at which operations are commenced with respect to the electing corporation as of the date of such increase. ``(B) Substantial increase in employment.--For purposes of subparagraph (A), there shall be deemed to be a substantial increase in employment as of any day at any facility if-- ``(i) such day is the last day of a payroll period and the average number of employees performing services at such facility during such period exceeds 110 percent of the average number of employees performing services at such facility during the corresponding payroll period in the preceding calendar year, or ``(ii) there is an expansion in such facility or the operations at such facility with respect to which a separate or supplemental application or other request relating to tax incentives for such expansion is made to governmental authorities of the possession. Appropriate adjustments in the application of clause (i) shall be made in the case of employees not performing services on a full-time basis. ``(7) Special rules.-- ``(A) Distributions to meet qualification standards.--Rules similar to the rules of subsection (h)(4) shall apply for purposes of this subsection. ``(B) Related person.--For purposes of this subsection, the rules of subparagraphs (D) and (E) of subsection (h)(3) shall apply in determining whether any person is related to the electing corporation. ``(8) Public disclosure.-- ``(A) Publication in federal register.--The Secretary shall publish in the Federal Register-- ``(i) a notification of each request for a determination under paragraph (5)(A)(i), and ``(ii) a notification of the Secretary's determination in the case of each such request. ``(B) Public inspection of determination.-- ``(i) In general.--Notwithstanding section 6103, the text of any determination made by the Secretary under paragraph (5)(A)(i) and any background file document relating to such determination shall be open to public inspection at such place as the Secretary may prescribe. ``(ii) Exemptions from disclosure.--Rules similar to the rules of section 6110(c) (other than paragraph (1) thereof) shall apply for purposes of clause (i). ``(iii) Background file document.--For purposes of this subparagraph, the term `background file document' has the meaning given such term by section 6110(b)(2) determined by treating the determination under paragraph (2) as a written determination.'' (b) Effective Date.-- (1) In general.--The amendment made by subsection (a) shall apply to taxable years ending after March 3, 1993. (2) Time for filing request.--The time for filing a request under section 936(i)(5)(A)(ii) shall in no event expire before the date 90 days after the date of the enactment of this Act.

Amends the Internal Revenue Code to deny the Puerto Rico and possession tax credit to runaway plants (new or newly expanded operations at Puerto Rican or other possession facilities) unless the Secretary of the Treasury determines that such plants will not have a substantial adverse effect on employment at U.S. facilities. Provides a period for public comment prior to the Secretary's determination.

To amend the Internal Revenue Code of 1986 to deny the benefits of the Puerto Rico and possession tax credit in the case of runaway plants.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Dr. Martin Luther King, Jr., Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress hereby finds as follows: (1) Dr. Martin Luther King, Jr., dedicated his life to securing the Nation's fundamental principles of liberty and justice for all its citizens. (2) Dr. Martin Luther King, Jr., was the leading civil rights advocate of his time, spearheading the civil rights movement in the United States during the 1950's and 1960's. (3) Dr. Martin Luther King, Jr., was the keynote speaker at the August, 28, 1963, March on Washington, the largest rally of the civil rights movement, during which, from the steps of the Lincoln Memorial and before a crowd of over 200,000 people, he delivered his famous ``I Have A Dream'' speech, one of the classic orations in American history. (4) Dr. Martin Luther King, Jr., was a champion of nonviolence, fervently advocated nonviolent resistance as the strategy to end segregation and racial discrimination in America, and was awarded the 1964 Nobel Peace Prize in recognition for his efforts. (5) All Americans should commemorate the legacy of Martin Luther King, Jr., so ``that one day this Nation will rise up and live out the true meaning of its creed: `We hold these truths to be self-evident; that all men are created equal.'''. (6) Efforts are underway to secure the personal papers of Dr. Martin Luther King, Jr., for the Library of Congress so that they may be preserved and studied for generations to come. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 50,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins.--Not more than 350,000 $1 coins, which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (3) Half dollar clad coins.--Not more than 5,000,000 half dollar coins which shall-- (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half dollar coins contained in section 5112(b) of title 31, United States Code. (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 sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. SOURCES OF BULLION. (a) Gold.--The Secretary shall obtain gold for minting coins under this Act pursuant to the authority of the Secretary under other provisions of law. (b) Silver.--The Secretary shall obtain silver for minting coins under this Act from any available source, including from stockpiles established under the Strategic and Critical Materials Stock Piling Act. SEC. 5. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the inspirational life and works of Dr. Martin Luther King, Jr. (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 ``2003''; 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 Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 6. 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 may issue coins minted under this Act beginning August 28, 2003. (d) Termination of Minting Authority.--No coins may be minted under this Act after December 31, 2003. SEC. 7. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 8(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (d) Marketing.--The Secretary, in cooperation with the Legacy Fund of the Library of Congress, shall develop and implement a marketing program to promote and sell the coins issued under this Act both within the United States and internationally. SEC. 8. SURCHARGES. (a) In General.--All sales of coins minted under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 coin. (2) A surcharge of $10 per coin for the $1 coin. (3) A surcharge of $3 per coin for the half dollar coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Dr. Martin Luther King, Jr., Legacy Fund of the Library of Congress to be used for the objects and purposes of such Fund. (c) Audits.--The Dr. Martin Luther King, Jr., Legacy Fund shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received by the Fund under subsection (b).

Dr. Martin Luther King, Jr., Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue five-dollar gold coins, one-dollar silver coins, and half-dollar clad coins emblematic of the life and works of Dr. Martin Luther King, Jr.

To require the Secretary of the Treasury to mint coins in commemoration of Dr. Martin Luther King, Jr.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hurricane Katrina and Hurricane Rita Fairness in Contracting Act of 2005''. SEC. 2. COMPETITION REQUIREMENTS. In entering into a contract to procure property or services in connection with Hurricane Katrina or Hurricane Rita reconstruction efforts, the head of an executive agency shall comply with the requirements under section 303 of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253), except that the exceptions to the requirement for competitive procedures provided under paragraphs (3), (4), and (7) of subsection (c) of such section shall not apply to such contract. SEC. 3. WRITTEN APPROVAL FOR USE OF NON-COMPETITIVE PROCEDURES REQUIRED FOR CERTAIN CONTRACTS. (a) Approval Required.--The head of an executive agency may enter into a contract to procure property or services in connection with Hurricane Katrina or Hurricane Rita reconstruction efforts using other than full and open competition only upon the written approval of the President or the President's designee. (b) Congressional Notification Required.--In any case in which procedures other than full and open competitive procedures are to be used to enter into such a contract, the head of such executive agency shall submit not later than 7 calendar days before the award of the contract a notification to the Committee on Appropriations of the Senate, the Committee on Appropriations of the House of Representatives, and the standing committees of the Senate and the House of Representatives that have jurisdiction over the executive agency. Such notification shall provide the justification for use of other than full and open competitive procedures, a brief description of the contract's scope, the amount of the contract, a discussion of how the contracting agency identified and solicited offers from contractors, a list of the contractors solicited, and the justification and approval documents (as required under section 303(f)(1) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(f)(1)) on which was based the determination of use of procedures other than full and open competitive procedures. (c) Scope of Requirements.-- (1) Size of contracts.--This section shall not apply to contracts of less than $5,000,000. (2) Applicability.--This section also shall apply to any extension, amendment or modification of contracts for the procurement of property or services in connection with Hurricane Katrina or Hurricane Rita reconstruction efforts entered into prior to the enactment of this Act using other than full and open competitive procedures. (3) Small business exception.--This section shall not apply to contracts authorized by the Small Business Act (15 U.S.C. 631 et seq.). SEC. 4. DISCLOSURE REQUIRED. (a) Publication and Public Availability.-- (1) In general.--The head of an executive agency that enters into a contract for the procurement of property or services in connection with Hurricane Katrina or Hurricane Rita reconstruction efforts through the use of other than full and open competitive procedures shall publish in the Federal Register or Federal Business Opportunities, and otherwise make available to the public not later than 7 calendar days before the date on which the contract is entered into, the following information: (A) The amount of the contract. (B) A brief description of the scope of the contract. (C) A discussion of how the executive agency identified, and solicited offers from, potential contractors to perform the contract, together with a list of the potential contractors that were issued solicitations for the offers. (D) The justification and approval documents (as required under section 303(f)(1) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(f)(1)) on which was based the determination to use procedures other than competitive procedures. (2) Scope of requirements.-- (A) Size of contracts.--This section shall not apply to contracts of less than $5,000,000. (B) Applicability.--This section shall also apply to any extension, amendment, or modification of contracts entered into prior to the enactment of this Act using other than full and open competitive procedures. (C) Small business exception.--This section shall not apply to contracts authorized by the Small Business Act (15 U.S.C. 631 et seq.). (b) Relationship to Other Disclosure Laws.--Nothing in this section shall be construed as affecting obligations to disclose United States Government information under any other provision of law. SEC. 5. CONTRACTS ENTERED INTO UNDER UNUSUAL AND COMPELLING URGENCY EXCEPTION. (a) Requirement for Performance Within 6-Month Period.--The head of an executive agency may not rely on the exception provided under section 303(c)(2) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(c)(2)) to enter into a contract to procure property or services in connection with Hurricane Katrina or Hurricane Rita reconstruction efforts using procedures other than competitive procedures unless the contract will be performed within a 6-month period. (b) Extended Notification and Disclosure Deadlines.--The notification and disclosure deadlines specified in section 3(b) and section 4(a)(1), respectively, shall be 7 calendar days after the date a contract is entered into in the case of a contract described in subsection (a). SEC. 6. DEFINITIONS. In this Act, the terms ``full and open competitive procedures'' and ``executive agency'' have the meanings given such terms in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403).

Hurricane Katrina and Hurricane Rita Fairness in Contracting Act of 2005 - Requires agencies, in entering into a contract to procure property or services in connection with Hurricane Katrina or Hurricane Rita reconstruction efforts, to use specified competitive procedures. Allows agencies to enter into a contract to procure property or services in connection with such reconstruction efforts using other than full and open competition only upon the written approval of the President or the President's designee. Requires congressional notification when procedures other than full and open competitive procedures are to be used. Instructs agencies that enter into a contract for the procurement of property or services in connection with such reconstruction efforts through the use of other than full and open competitive procedures to publish in the Federal Register or Federal Business Opportunities and otherwise make available to the public specified information concerning the contract. Permits the use of noncompetitive procedures by agencies when: (1) a contract will be performed within a six-month period; and (2) the need for the property or services is of such an unusual and compelling urgency that the government would otherwise be seriously injured.

A bill to provide for full and open competition for Federal contracts related to Hurricane Katrina and Hurricane Rita reconstruction efforts.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Space Leadership Preservation Act of 2012''. SEC. 2. ADMINISTRATOR AND DEPUTY ADMINISTRATOR. Section 20111 of title 51, United States Code, is amended-- (1) in subsection (a)-- (A) by striking ``Administrator.--There is established'' and inserting ``Administrator.-- ``(1) In general.--There is established''; (B) in paragraph (1), as so designated by subparagraph (A) of this paragraph-- (i) by inserting ``, pursuant to paragraph (2),'' after ``who shall be appointed''; and (ii) by inserting ``The Administrator shall serve for a term of 10 years.'' after ``and activities thereof.''; and (C) by adding at the end the following new paragraph: ``(2) Board of directors nominations.--The President shall appoint the Administrator under paragraph (1) from among the list of nominees provided by the Board of Directors pursuant to section 20118(l)(2)(A). The President shall appoint a new Administrator not later than 3 months after the first set of nominees is so provided by the Board of Directors. The sitting Administrator may serve in the position until a new Administrator appointed pursuant to this paragraph is confirmed by the Senate.''; and (2) in subsection (b)-- (A) by striking ``Administrator.--There shall be'' and inserting ``Administrator.-- ``(1) In general.--There shall be''; (B) in paragraph (1), as so designated by subparagraph (A) of this paragraph, by inserting ``, pursuant to paragraph (2),'' after ``who shall be appointed''; and (C) by adding at the end the following new paragraph: ``(2) Board of directors nominations.--The President shall appoint the Deputy Administrator under paragraph (1) from among the list of nominees provided by the Board of Directors pursuant to section 20118(j)(2)(B).''. SEC. 3. BOARD OF DIRECTORS. (a) Establishment.--Subchapter II of chapter 201 of title 51, United States Code, is amended by adding at the end the following new section: ``Sec. 20118. Board of Directors ``(a) Establishment.--There shall be established a Board of Directors for the National Aeronautics and Space Administration in accordance with this section, not later than 9 months after the date of enactment of the `Space Leadership Preservation Act of 2012'. ``(b) Membership and Appointment.--The Board shall consist of 11 members to be appointed as follows: ``(1) Three members shall be appointed by the President. ``(2) Three members shall be appointed by the president pro tempore of the Senate. ``(3) One member shall be appointed by the minority leader of the Senate. ``(4) Three members shall be appointed by the Speaker of the House of Representatives. ``(5) One member shall be appointed by the minority leader of the House of Representatives. In addition to the members appointed under paragraphs (1) through (5), the Administrator shall be an ex officio, nonvoting member of the Board. ``(c) Qualifications.--The persons appointed as members of the Board shall be-- ``(1) former astronauts or scientists or engineers eminent in the fields of human spaceflight, planetary science, space science, Earth science, and aeronautics, or other scientific, engineering, business, and social science disciplines related to space and aeronautics; ``(2) selected on the basis of established records of distinguished service; and ``(3) so selected as to provide representation of the views of engineering, science, and aerospace leaders in all areas of the Nation. ``(d) Limitation on Members.--An individual employed by or representing an organization with which the Administration has a contract is not eligible to serve on the Board, except for scientists employed by or representing colleges, universities, and other not-for- profit organizations. Additionally, a former Board member may not take employment with or represent an organization with which the Administration has a contract, or which is seeking such a contract, for a period of 2 years following completion of service on the Board. ``(e) Terms.--The term of office of each member of the Board shall be 3 years, except that any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term. Any person who has been a member of the Board for 12 consecutive years shall thereafter be ineligible for appointment during the 2-year period following the expiration of such 12th year. ``(f) Travel Expenses.--Each member of the Board 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. ``(g) Meetings.--The Board shall meet quarterly and at such other times as the Chairman may determine, but the Chairman shall also call a meeting whenever one-third of the members so request in writing. The Board shall adopt procedures governing the conduct of its meetings, including delivery of notice and a definition of a quorum, which in no case shall be less than one-half plus one of the members of the Board. ``(h) Chairman and Vice Chairman.--The election of the Chairman and Vice Chairman of the Board shall take place at each first quarter meeting occurring in an even-numbered year. The Vice Chairman shall perform the duties of the Chairman in his absence. In case a vacancy occurs in the chairmanship or vice chairmanship, the Board shall elect a member to fill such vacancy. ``(i) Staff.--The Board may, with the concurrence of a majority of its members, permit the appointment of a staff consisting of professional staff members, technical and professional personnel on leave of absence from academic, industrial, or research institutions for a limited term, and such operations and support staff members as may be necessary. Such staff shall be appointed by the Chairman and assigned at the direction of the Board. The professional members and limited term technical and professional personnel of such staff may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and the provisions of chapter 51 of such title relating to classification, and shall be compensated at a rate not exceeding the maximum rate payable under section 5376 of such title, as may be necessary to provide for the performance of such duties as may be prescribed by the Board in connection with the exercise of its powers and functions under this section. ``(j) Special Commissions.--The Board is authorized to establish such special commissions as it may from time to time deem necessary for the purposes of this section. ``(k) Committees.--The Board is also authorized to appoint from among its members such committees as it deems necessary, and to assign to committees so appointed such survey and advisory functions as the Board deems appropriate to assist it in exercising its powers and functions under this section. ``(l) Functions.-- ``(1) Budget proposal.--Not later than November 15 of each year, the Board shall provide to the President, and to the Committee on Appropriations and the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Appropriations and the Committee on Commerce, Science, and Transportation of the Senate, a proposed budget for the National Aeronautics and Space Administration for the next fiscal year. Such budget shall-- ``(A) carry out the purpose described in section 20102(h); ``(B) be based on-- ``(i) the best professional judgement of the Board; ``(ii) recommendations from the scientific, engineering, and other technical experts communities; and ``(iii) the recommendations of the most recent National Research Council decadal surveys; and ``(C) follow such decadal survey's recommended decision rules regarding program implementation, including a strict adherence to the recommendation that the National Aeronautics and Space Administration include in a balanced program a flagship class mission, which may be executed in cooperation with one or more international partners. ``(2) Nominees for administrator, deputy administrator, and chief financial officer.--The Board shall provide to the President-- ``(A) a list of 3 nominees from which the President shall appoint an Administrator pursuant to section 20111(a); ``(B) a list of 3 nominees from which the President shall appoint a Deputy Administrator pursuant to section 20111(b); and ``(C) a list of 3 nominees from which the President shall appoint a Chief Financial Officer pursuant to section 205(a) of the Chief Financial Officers Act (31 U.S.C. 901(a)). The Board shall provide the first set of nominees under this paragraph not later than 15 months after the date of enactment of the `Space Leadership Preservation Act of 2012'. ``(3) Reports.-- ``(A) Annual infrastructure, capabilities, and workforce assessment.--The Board shall provide to the President and the Congress annually a report assessing the status of United States spaceflight infrastructure, unique space capabilities, and the health of the United States workforce necessary to maintain such infrastructure and capabilities. The assessment shall also identify areas of concern, gaps in capability compared to foreign spaceflight capabilities, and recommendations on how to strengthen or improve United States capabilities and workforce. ``(B) Specific policy matter reports.--The Board shall provide to the President and the Congress reports on specific, individual policy matters within the authority of the Administration (or otherwise as requested by the Congress or the President) related to human space flight, planetary science, earth science, aeronautics, and science, technology, engineering, and mathematics education, as the Board, the President, or the Congress determines the need for such reports. ``(4) Quadrennial review.--The Board shall provide to the President and the Congress, not later than the later of 180 days after the establishment of the Board or the third quarterly meeting of the Board, and once every 4 years thereafter, a quadrennial review of current space programs and a vision for future space exploration. ``(5) Removal of administrator for cause.--The Board may provide to the President and the Congress a report recommending the removal of the Administrator for cause. Any such report shall include the reasons for such recommendation. ``(m) Budget Meetings.--Portions of Board meetings in which the Board considers the budget proposal required under subsection (l)(1) for a particular fiscal year may be closed to the public until the Board submits the proposal to the President and the Congress. ``(n) Financial Disclosure.--Members of the Board shall be required to file a financial disclosure report under title II of the Ethics in Government Act of 1978 (5 U.S.C. App. 92 Stat. 1836), except that such reports shall be held confidential and exempt from any law otherwise requiring their public disclosure.''. (b) Table of Sections.--The table of sections for chapter 201 of title 51, United States Code, is amended by adding at the end of the items for subchapter II the following new item: ``20118. Board of Directors.''. SEC. 4. BUDGET PROPOSAL. Section 30103 of title 51, United States Code, is amended by adding at the end the following new subsection: ``(e) Board of Directors Proposal.-- ``(1) Inclusion in president's proposed budget.--The proposed budget for the Administration submitted to the Congress by the President for each fiscal year shall include a description of, and a detailed justification for, any differences between the President's proposed budget and the budget provided by the Board of Directors under section 20118(l)(1). ``(2) Elements of budget proposal.--Subsections (a) through (d) of this section shall apply to the proposed budget provided by the Board of Directors under section 20118(l)(1).''. SEC. 5. LONG TERM CONTRACTING. (a) Amendments.--Section 20142 of title 51, United States Code, is amended-- (1) in the section heading, by striking ``Contracts regarding expendable launch vehicles'' and inserting ``Long term contracting''; (2) in subsection (a), by-- (A) striking ``expendable launch vehicle services'' and inserting ``rocket propulsion systems and manned and unmanned space transportation vehicles and payloads, including expendable launch vehicles, and any other infrastructure intended for placement or operation in space or on celestial bodies, and services related thereto,''; and (B) striking ``related to launch'' and inserting ``related to''; and (3) in subsection (b), by striking ``launch services'' and inserting ``the goods and services to have been provided under the contract''. (b) Table of Sections Amendment.--The item relating to section 20142 in the table of sections for chapter 201 of title 51, United States Code, is amended to read as follows: ``20142. Long term contracting.''.

Space Leadership Preservation Act of 2012 - Establishes a Board of Directors for the National Aeronautics and Space Administration (NASA). Sets forth Board membership and appointment criteria. Directs the President to appoint the NASA Administrator and Deputy Administrator from among a list of nominees provided by the Board. Requires the Board to provide: (1) NASA's proposed annual budget; (2) annual reports on spaceflight infrastructure, unique space capabilities, and the workforce necessary to maintain such infrastructure and capabilities; (3) reports on specific policy matters; and (4) quadrennial reviews of current space programs and a vision for future space exploration. Authorizes the Administrator to enter into contracts for rocket propulsion systems and manned and unmanned space transportation vehicles and payloads.

To preserve American space leadership, and for other purposes.

SECTION 1. ESTABLISHMENT OF COMMISSION. There is established in the legislative branch the Independent Commission on the Investigation of Detainee Abuses (in this title referred to as the ``Commission''). SEC. 2. DUTIES. (a) Investigation.--The Commission shall conduct a full, complete, independent, and impartial investigation of the abuses of detainees in connection with Operation Iraqi Freedom, Operation Enduring Freedom, or any operation within the Global War on Terrorism, including but not limited to the following: (1) The extent of the abuses. (2) Why the abuses occurred. (3) Who is responsible for the abuses. (4) Whether any particular Department of Defense, Department of State, Department of Justice, Central Intelligence Agency, National Security Council, or White House policies, procedures, or decisions facilitated the detainee abuses. (5) What policies, procedures, or mechanisms failed to prevent the abuses. (6) What legislative or executive actions should be taken to prevent such abuses from occurring in the future. (7) The extent, if any, to which Guantanamo Detention Center policies influenced policies at the Abu Ghraib prison and other detention centers in and outside Iraq. (b) Assessment, Analysis, and Evaluation.--During the course of its investigation, the Commission shall assess, analyze, and evaluate relevant persons, policies, procedures, reports, and events, including but not limited to the following: (1) The Military Chain of Command. (2) The National Security Council. (3) The Department of Justice. (4) The Department of State. (5) The Office of the White House Counsel. (6) The Defense Intelligence Agency and the Central Intelligence Agency. (7) The approval process for interrogation techniques used at detention facilities in Iraq, Cuba, Afghanistan, and elsewhere. (8) The integration of military police and military intelligence operations to coordinate detainee interrogation. (9) The roles and actions of private civilian contractors in the abuses and whether they violated the Military Extraterritorial Jurisdiction Act or any other United States statutes or international treaties to which the United States is a party. (10) The role of nongovernmental organizations' warnings to United States officials about the abuses. (11) The role of Congress and whether it was fully informed throughout the process that uncovered these abuses. (12) The extent to which the United States complied with the applicable provisions of the Geneva Conventions of 1949, and the extent to which the United States may have violated international law by restricting the access of the International Committee of the Red Cross to detainees. (13) The extent to which the United States complied with the applicable provisions of other human rights treaties, including the International Covenant on Civil and Political Rights and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. SEC. 3. COMPOSITION OF COMMISSION. (a) Members.--The Commission shall be composed of 10 members, of whom-- (1) 1 member shall be appointed by the President; (2) 1 member shall be jointly appointed by the minority leader of the Senate and the minority leader of the House of Representatives; (3) 2 members shall be appointed by the majority leader of the Senate; (4) 2 members shall be appointed by the Speaker of the House of Representatives; (5) 2 members shall be appointed by the minority leader of the Senate; and (6) 2 members shall be appointed by the minority leader of the House of Representatives. (b) Qualifications; Initial Meeting.-- (1) Nongovernmental appointees.--An individual appointed to the Commission may not be an officer or employee of the Federal Government or any State or local government. (2) Other qualifications.--Individuals that shall be appointed to the Commission should be prominent United States citizens, with national recognition and significant depth of experience in such professions as governmental service, law enforcement, the armed services, law, public administration, intelligence gathering, international human rights and humanitarian law, and foreign affairs. (3) Deadline for appointment.--All members of the Commission shall be appointed within 45 days following the enactment of this Act. (4) Chairman and vice chairman.--The chairman and vice chairman of the Commission shall be elected by a majority vote of the members. (5) Meetings.--The Commission shall meet and begin the operations of the Commission as soon as practicable. After its initial meeting, the Commission shall meet upon the call of the chairman or a majority of its members. (c) Quorum; Vacancies.--Six members of the Commission shall constitute a quorum. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. (d) Conflicts of Interest.-- (1) Financial disclosure.--Each member appointed to the Commission shall submit a financial disclosure report pursuant to the Ethics in Government Act of 1978, notwithstanding the minimum required rate of compensation or time period employed. (2) Independence from subjects of investigations.--Each member appointed to the Commission shall be independent of any agency, individual, or institution that may be the subject of investigation by the Commission. SEC. 4. POWERS OF COMMISSION. (a) In General.-- (1) Hearings and evidence.--The Commission or, on the authority of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out this title-- (A) hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, administer such oaths; and (B) subject to paragraph (2)(A), require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Commission or such designated subcommittee or designated member may determine advisable. (2) Subpoenas.-- (A) Issuance.-- (i) In general.--A subpoena may be issued under this subsection only-- (I) by the agreement of the chairman and the vice chairman; or (II) by the affirmative vote of 6 members of the Commission. (ii) Signature.--Subject to clause (i), subpoenas issued under this subsection may be issued under the signature of the chairman or any member designated by a majority of the Commission, and may be served by any person designated by the chairman or by a member designated by a majority of the Commission. (B) Enforcement.-- (i) In general.--In the case of contumacy or failure to obey a subpoena issued under this subsection, the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, or where the subpoena is returnable, may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt of that court. (ii) Additional enforcement.--In the case of any failure of any witness to comply with any subpoena or to testify when summoned under authority of this subsection, the Commission may, by majority vote, certify a statement of fact constituting such failure to the appropriate United States attorney, who may bring the matter before the grand jury for its action, under the same statutory authority and procedures as if the United States attorney had received a certification under sections 102 through 104 of the Revised Statutes of the United States (2 U.S.C. 192 through 194). (3) Scope.--In carrying out its duties under this Act, the Commission may examine the actions and representations of the current Administration as well as prior Administrations. (b) Contracting.--The Commission may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Commission to discharge its duties of this Act. (c) Information From Federal Agencies.-- (1) In general.--The Commission may secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Federal Government, information, suggestions, estimates, and statistics for the purposes of this Act. Each department, bureau, agency, board, commission, office, independent establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by the chairman, the chairman of any subcommittee created by a majority of the Commission, or any member designated by a majority of the Commission. (2) Receipt, handling, storage, and dissemination.-- Information shall only be received, handled, stored, and disseminated by members of the Commission and its staff consistent with all applicable statutes, regulations, and Executive orders. (d) Assistance From Federal Agencies.-- (1) General services administration.--The Administrator of General Services shall provide to the Commission on a reimbursable basis administrative support and other services for the performance of the Commission's functions. (2) Other departments and agencies.--In addition to the assistance prescribed in paragraph (1), departments and agencies of the United States may provide to the Commission such services, funds, facilities, staff, and other support services as they may determine advisable and as may be authorized by law. (e) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. (f) Postal Services.--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. SEC. 5. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT. (a) In General.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. (b) Public Meetings and Release of Public Versions of Reports.--The Commission shall-- (1) hold public hearings and meetings to the extent appropriate; and (2) release public versions of the reports required under section 9. (c) Public Hearings.--Any public hearings of the Commission shall be conducted in a manner consistent with the protection of information provided to or developed for or by the Commission as required by any applicable statute, regulation, or Executive order. SEC. 6. STAFF OF COMMISSION. (a) In General.-- (1) Appointment and compensation.--The chairman and the vice chairman jointly, in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. (2) Personnel as federal employees.-- (A) In general.--The staff director and any personnel of the Commission who are employees shall be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title. (B) Members of commission.--Subparagraph (A) shall not be construed to apply to members of the Commission. (b) Detailees.--Any Federal Government employee may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption. (c) Consultant Services.--The Commission is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. SEC. 7. COMPENSATION AND TRAVEL EXPENSES. (a) Compensation.--Each member of the Commission may be compensated at a rate not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission. (b) Travel Expenses.--While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code. SEC. 8. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF. (a) In General.--Subject to subsection (b), the appropriate Federal agencies or departments shall cooperate with the Commission in expeditiously providing to the Commission members and staff appropriate security clearances to the extent possible pursuant to existing procedures and requirements. (b) Exception.--No person shall be provided with access to classified information under this title without the appropriate required security clearance access. SEC. 9. REPORTS OF COMMISSION; TERMINATION. (a) Interim Reports.--The Commission may submit to Congress and the President interim reports containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members. (b) Final Report.--Not later than 18 months after the date of the enactment of this Act, the Commission shall submit to Congress and the President a final report containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members. (c) Form of Report.--Each report prepared under this section shall be submitted in unclassified form, but may contain a classified annex. (d) Recommendation to Make Public Certain Classified Information.-- If the Commission determines that it is in the public interest that some or all of the information contained in a classified annex of a report under this section be made available to the public, the Commission shall make a recommendation to the congressional intelligence committees to make such information public, and the congressional intelligence committees shall consider the recommendation pursuant to the procedures under subsection (e). (e) Procedure for Declassifying Information.-- (1) The procedures referred to in subsection (d) are the procedures described in-- (A) with respect to the Permanent Select Committee on Intelligence of the House of Representatives, clause 11(g) of rule X of the Rules of the House of Representatives, One Hundred Ninth Congress; and (B) with respect to the Select Committee on Intelligence of the Senate, section 8 of Senate Resolution 400, Ninety-Fourth Congress. (2) In this section, the term ``congressional intelligence committees'' means-- (A) the Permanent Select Committee on Intelligence of the House of Representatives; and (B) the Select Committee on Intelligence of the Senate. SEC. 10. TERMINATION. (a) In General.--The Commission, and all the authorities of this Act, shall terminate 60 days after the date on which the final report is submitted under section 9(b). (b) Administrative Activities Before Termination.--The Commission may use the 60-day period referred to in paragraph (1) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the final report. SEC. 11. FUNDING. (a) Authorization of Appropriations.--There is authorized to be appropriated funds not to exceed $5,000,000 for purposes of the activities of the Commission under this Act. (b) Duration of Availability.--Amounts made available to the Commission under subsection (a) shall remain available until the termination of the Commission.

Establishes in the legislative branch the Independent Commission on the Investigation of Detainee Abuses to conduct a full, complete, independent, and impartial investigation of the abuses of detainees in connection with Operation Iraqi Freedom, Operation Enduring Freedom, or any operation within the Global War on Terrorism, including, but not limited to: (1) the extent of the abuses; (2) why the abuses occurred; and (3) who is responsible. Directs the Commission, in connection with the investigation, to assess, analyze, and evaluate relevant persons, policies, procedures, reports, and events. Authorizes the Commission to report interim findings, conclusions, and recommendations to Congress and the President. Requires a final report containing recommendations for corrective measures. Terminates the Commission 60 days after its final report.

To establish an independent Commission to investigate detainee abuses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prosecutors and Defenders Incentive Act''. SEC. 2. STUDENT LOAN REPAYMENT FOR PUBLIC ATTORNEYS. (a) In General.--The Higher Education Act of 1965 is amended by inserting after section 428K (20 U.S.C. 1078-11) the following: ``SEC. 428L. LOAN FORGIVENESS FOR PUBLIC ATTORNEYS. ``(a) Purpose.--The purpose of this section is to encourage qualified individuals to enter and continue employment as prosecutors and public defenders. ``(b) Definitions.--In this section: ``(1) Prosecutor.--The term `prosecutor' means a full-time employee of a State or local agency who-- ``(A) is continually licensed to practice law; and ``(B) prosecutes criminal cases at the State or local level. ``(2) Public defender.--The term `public defender' means an attorney who-- ``(A) is continually licensed to practice law; and ``(B) is a full-time employee of a State or local agency, or of a nonprofit organization operating under a contract with a State or unit of local government or as a full time Federal defender attorney employed in a defender organization established pursuant to subsection (g) of section 3006A of title 18, United States Code, which provides legal representation services to indigent persons in criminal cases. ``(3) Student loan.--The term `student loan' means-- ``(A) a loan made, insured, or guaranteed under this part; and ``(B) a loan made under part D or E. ``(c) Program Authorized.--For the purpose of encouraging qualified individuals to enter and continue employment as prosecutors and public defenders, the Secretary shall carry out a program, through the holder of a loan, of assuming the obligation to repay (by direct payments on behalf of a borrower) a qualified loan amount for a loan made under section 428 or 428H, in accordance with subsection (d), for any borrower who-- ``(1) is employed as a prosecutor or public defender; and ``(2) is not in default on a loan for which the borrower seeks forgiveness. ``(d) Terms of Agreement.-- ``(1) In general.--To be eligible to receive repayment benefits under this section, a borrower shall enter into a written agreement that specifies that-- ``(A) the borrower will remain employed as a prosecutor or public defender for a required period of service specified in the agreement (but not less than 3 years), unless involuntarily separated from that employment; ``(B) if the borrower is involuntarily separated from that employment on account of misconduct, or voluntarily separates from that employment, before the end of the period specified in the agreement, the borrower will repay the Secretary the amount of any benefits received by such employee under this section; ``(C) if the borrower is required to repay an amount to the Secretary under subparagraph (B) and fails to repay the amount described in subparagraph (B), a sum equal to the amount is recoverable by the Government from the employee (or such employee's estate, if applicable) by such method as is provided by law for the recovery of amounts owing to the Government; ``(D) the Secretary may waive, in whole or in part, a right of recovery under this subsection if it is shown that recovery would be against equity and good conscience or against the public interest; and ``(E) the Secretary shall make student loan payments under this section for the period of the agreement, subject to the availability of appropriations. ``(2) Repayments.--Any amount repaid by, or recovered from, an individual (or an estate) under this subsection shall be credited to the appropriation account from which the amount involved was originally paid. Any amount so credited shall be merged with other sums in such account and shall be available for the same purposes and period, and subject to the same limitations (if any), as the sums with which the amount was merged. ``(3) Limitations.-- ``(A) Student loan payment amount.--Student loan payments made by the Secretary under this section shall be made subject to such terms, limitations, or conditions as may be mutually agreed to by the borrower concerned and the Secretary in the agreement described in this subsection, except that the amount paid by the Secretary under this section may not exceed-- ``(i) $6,000 for any borrower in any calendar year; or ``(ii) a total of $40,000 in the case of any borrower. ``(B) Beginning of payments.--Nothing in this section shall be construed to authorize the Secretary to pay any amount to reimburse a borrower for any repayments made by such borrower prior to the date on which the Secretary entered into an agreement with the employee under this subsection. ``(e) Additional Agreements.--On completion of the required period of service under such an agreement, the borrower concerned and the Secretary may enter into an additional agreement described in subsection (d) for a successive period of service specified in the agreement (which may be less than 3 years). ``(f) Award Basis; Priority.-- ``(1) Award basis.--The Secretary shall provide repayment benefits under this section on a first-come, first-served basis (subject to paragraph (2)) and subject to the availability of appropriations. ``(2) Priority.--The Secretary shall give priority in providing repayment benefits under this section for a fiscal year to a borrower who-- ``(A) received repayment benefits under this section for the preceding fiscal year; and ``(B) has completed less than 3 years of the first required period of service specified for the borrower in an agreement entered into under subsection (d). ``(g) Regulations.--The Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this section. ``(h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $20,000,000 for fiscal year 2006 and such sums as may be necessary for each succeeding fiscal year.''. (b) Cancellation of Loans.-- (1) Amendment.--Section 465(a)(2)(F) of the Higher Education Act of 1965 (20 U.S.C. 1087ee(a)(2)(F)) is amended by inserting ``, as a public defender (as defined in section 428L), or as a full time Federal defender attorney employed in a defender organization established pursuant to subsection (g) of section 3006A of title 18, United States Code'' after ``agencies''. (2) Effective date.--The amendment made by this subsection shall apply to-- (A) eligible loans made before, on, or after the date of enactment of this Act; and (B) service as a prosecutor or public defender that is provided on or after the date of enactment of this Act. (3) Construction.--Nothing in this subsection or the amendment made by this subsection shall be construed to authorize the Secretary to pay any amount to reimburse a borrower for any repayments made by such borrower prior to the date on which the borrower became eligible for cancellation under section 465(a) of such Act (20 U.S.C. 1087ee(a)).

Prosecutors and Defenders Incentive Act - Amends the Higher Education Act of 1965 (HEA) to establish a program of student loan forgiveness for borrowers who agree to remain employed, for at least three years, as public attorneys who are: (1) State or local criminal prosecutors; or (2) State, local, or Federal public defenders in criminal cases. Directs the Secretary of Education to provide such student loan repayment benefits for such public attorneys on a first-come, first-served basis, and subject to the availability of appropriations. Requires priority to be given to borrowers who received repayment benefits for the preceding fiscal year and have completed less than three years of the first required service period. Allows the borrower and the Secretary to enter into an additional agreement, after the required three-year period, for a successive period of service which may be less than three years. Limits the amount paid under such program on behalf of any borrower to $6,000 per calendar year and $40,000 total.Includes public defenders among those eligible under a current HEA program of cancellation of student loans for certain public service.

To authorize funding for student loan repayment for public attorneys.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Infrastructure Corps Act of 2006''. SEC. 2. FINDINGS. Congress finds the following: (1) The United States is suffering a worsening crisis in public infrastructure, including a lack or insufficiency of railroad, mass transportation, power, water control, river navigation, port, oil refining, and hospital infrastructure facilities. (2) The ``infrastructure report card'' issued by the American Society of Civil Engineers estimates the need for $1,700,000,000,000 in investments to repair and replace obsolescent and broken-down infrastructure facilities in the United States. (3) The Nation's infrastructure crisis became dramatically apparent after the breakdown of water control, transportation, and power infrastructure facilities in the Gulf States following Hurricanes Katrina and Rita. (4) Each $1,000,000,000 of Federal funding invested in infrastructure facilities creates approximately 50,000 jobs and $6,000,000,000 in economic activity. (5) The United States continues to suffer high rates of unemployment in urban and rural areas, especially among males in their twenties, and individuals and households continue to experience decreases in wages and real income. (6) Regional, State, and local infrastructure rebuilding projects require a great deal of semi-skilled and labor- intensive employment. (7) These projects include the necessary repair and rebuilding of large numbers of the Nation's ``upstream'' dams, which could provide employment to 100,000 individuals, and the replacement of the 10 obsolete locks and dams on the Ohio River Mainstem system, which would generate approximately 20,000 jobs over a multi-year period. (8) The Urban Youth Corps administered by the Departments of Housing and Urban Development and Transportation, the National Civilian Community Corps, and other volunteer programs of the Corporation for National and Community Service have greatly contributed to public works and disaster response projects. (9) The authority of the Corporation for National and Community Service should be expanded to provide employment opportunities and reverse trends in urban unemployment through the establishment of a National Infrastructure Corps modeled after the Community Conservation Corps created at the outset of the Great Depression. SEC. 3. ESTABLISHMENT OF NATIONAL INFRASTRUCTURE CORPS. (a) In General.--Title I of the National and Community Service Act of 1990 (42 U.S.C. 12501 et seq.) is amended by adding at the end the following: ``Subtitle J--National Infrastructure Corps ``SEC. 199AA. DEFINITIONS. ``In this subtitle, the following definitions apply: ``(1) Corps.--The term `Corps' means the National Infrastructure Corps established by section 199BB. ``(2) Eligible project.--The term `eligible project' means a project for the construction or repair of an economic infrastructure facility in the United States, including a power, rail, transport, port, inland navigation, water management, drinking water, energy, or hospital facility. ``(3) Eligible individual.--The term `eligible individual' means an individual who is-- ``(A) unemployed or employed on a part-time basis due to economic reasons, as defined by the Secretary of Labor; ``(B) between the ages of 18 and 40; and ``(C) a citizen of, or an alien lawfully admitted for permanent residence to, the United States. ``(4) Qualified infrastructure corps.--The term `qualified infrastructure corps' means a program established by a State or local government or by a nonprofit organization to carry out eligible projects and provide employment to eligible individuals. ``SEC. 199BB. ESTABLISHMENT. ``There is established a National Infrastructure Corps, to be administered by the Corporation. ``SEC. 199CC. PURPOSES. ``The purposes of the Corps shall be-- ``(1) to address the economic infrastructure needs of the Nation through the performance of eligible projects; and ``(2) to address high rates of unemployment in urban and rural areas by providing employment opportunities to eligible individuals. ``SEC. 199DD. PARTICIPATION IN THE CORPS. ``(a) Participants.--The Corps shall be composed of not more than 40,000 eligible individuals recruited by the Corporation. ``(b) Training.--The Corporation may provide employment training for individuals participating in the Corps. The Corporation may provide such training by entering into agreements with building trades unions and labor councils that regularly provide 4-week and 6-week training classes in construction and the building trades. ``(c) Residency Program.-- ``(1) In general.--The Corporation may provide housing for individuals participating in the Corps. ``(2) Corps housing.--The Corporation shall provide such housing in a manner in which individuals participating in the Corps reside with other Corps participants. ``(d) Period of Participation.--An individual may participate in the Corps for a period of not more than 1 year. ``SEC. 199EE. PROJECTS TO BE CARRIED OUT BY THE CORPS. ``(a) Selection of Projects.-- ``(1) In general.--The Corporation shall select eligible projects to be carried out by the Corps and shall provide financial assistance for such projects using amounts appropriated to carry out this subtitle. ``(2) Participation of army corps of engineers.--The Corporation shall select eligible projects under paragraph (1) in cooperation with the Secretary of the Army, acting through the Chief of Engineers. ``(3) Project proposals.--The Corporation shall select eligible projects under this subsection based on proposals submitted to the Corporation by Federal, State, and local entities. The head of a Federal, State, or local entity shall submit such a proposal at the time and in the manner as the Corporation requires. ``(4) Disaster relief activities.--In selecting eligible projects under this subsection, the Corporation shall give priority to projects to repair vital infrastructure facilities damaged by natural disasters and emergencies, including projects to address damages resulting from Hurricanes Katrina and Rita. ``(b) Performance of Projects.-- ``(1) Cooperation with the army corps of engineers.--The Corporation may enter into contracts and cooperative agreements under which the Corps shall perform eligible projects in coordination with the Secretary of the Army, acting through the Chief of Engineers. ``(2) Cooperation with other federal agencies.-- ``(A) Contracts and cooperative agreements.--The Corporation may enter into contracts and cooperative agreements under which the Corps shall perform eligible projects in coordination with the heads of other Federal entities, including-- ``(i) the Urban Youth Corps, administered by the Secretary of Housing and Urban Development; ``(ii) the Urban Youth Corps, administered by the Secretary of Transportation; ``(iii) the National Resource Conservation Service of the Department of Agriculture; and ``(iv) the National Civilian Community Corps. ``(B) Repair and rebuilding of upstream structures.--The Corporation shall seek to enter into a contract or cooperative agreement under this paragraph with the Chief of the National Resource Conservation Service for the rebuilding and repair of upstream structures across the Nation. ``(3) Use of qualified infrastructure corps.-- ``(A) Contracts and cooperative agreements.--The Corporation may enter into contracts and cooperative agreements with any qualified infrastructure corps to perform eligible projects. ``(B) Grants.--The Corporation may make grants to States (and through States to local governments) for the purpose of establishing, operating, and supporting a qualified infrastructure corps that will perform eligible projects. ``(C) Applicability of matching requirements.--The matching funds requirement of section 121(e) shall apply to financial assistance provided under this paragraph. ``(c) Coordination of Activities.--The Corporation shall coordinate the activities of the Corps with other national service activities carried out under this title. ``SEC. 199FF. WAGES. ``(a) In General.--All individuals participating in the Corps or in a qualified infrastructure corps performing work for the construction, alteration, or repair, including painting and decorating, of projects, buildings, and works funded using amounts appropriated to carry out this subtitle shall be paid wages at not less than the prevailing wages on similar construction in the locality as determined by the Secretary of Labor in accordance with sections 3141-3144, 3146, and 3147 of title 40, United States Code. ``(b) Authority.--With respect to the determination of wages under paragraph (1), the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan No. 14 of 1950 (64 Stat. 1267) and section 3145 of title 40, United States Code. ``SEC. 199GG. NON-FEDERAL STATUS. ``(a) In General.--Except as otherwise provided in this section, individuals participating in the Corps shall not, by reason of their status as such participants, be considered Federal employees and shall not be subject to the provisions of law relating to Federal employees. ``(b) Work-Related Injuries.-- ``(1) In general.--For purposes of subchapter I of chapter 81 of title 5, United States Code, relating to the compensation of Federal employees for work injuries, individuals participating in the Corps shall be considered as employees of the United States within the meaning of the term `employee', as defined in section 8101 of such title. ``(2) Special rule.--In the application of the provisions of subchapter I of chapter 81 of title 5, United States Code, to an individual referred to in paragraph (1), the individual shall not be considered to be in the performance of duty while absent from the individual's assigned post of duty unless the absence is authorized in accordance with procedures prescribed by the Director of the Corporation. ``(c) Tort Claims Procedure.--An individual participating in the Corps shall be considered an employee of the United States for purposes of chapter 171 of title 28, United States Code, relating to tort claims liability and procedure. ``SEC. 199HH. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated to carry out this subtitle $900,000,000 for each of fiscal years 2007 through 2010.''. (b) Table of Contents.--The table of contents contained in section 1(b) of the National and Community Service Act of 1990 is amended by adding at the end of the items relating to title I the following: ``Subtitle J--National Infrastructure Corps ``Sec. 199AA. Definitions. ``Sec. 199BB. Establishment. ``Sec. 199CC. Purposes. ``Sec. 199DD. Participation in the Corps. ``Sec. 199EE. Projects to be carried out by the Corps. ``Sec. 199FF. Wages. ``Sec. 199GG. Non-Federal status. ``Sec. 199HH. Authorization of appropriations.''. SEC. 4. CONFORMING AMENDMENT. Section 122(a) of the National and Community Service Act of 1990 (42 U.S.C. 12572(a)) is amended-- (1) by redesignating paragraph (15) as paragraph (16); and (2) by inserting after paragraph (14) the following: ``(15) An economic infrastructure construction program such as the National Infrastructure Corps established under section 199BB or a qualified infrastructure corps as defined in section 199AA.''.

National Infrastructure Corps Act of 2006 - Amends the National and Community Service Act of 1990 to establish a National Infrastructure Corps of up to 40,000 eligible individuals, to be operated by the Corporation for National and Community Service, in order to address: (1) the economic infrastructure needs of the Nation through the performance of eligible projects; and (2) high rates of unemployment in urban and rural areas by providing employment opportunities to eligible individuals. Directs the Corporation to: (1) select, in cooperation with the Secretary of the Army, acting through the Chief of Engineers, eligible projects based on proposals submitted by federal, state, and local entities; (2) provide financial assistance; and (3) give priority to disaster relief projects to repair vital infrastructure facilities damaged by natural disasters and emergencies, including projects to address damages resulting from Hurricanes Katrina and Rita.

To amend the National and Community Service Act of 1990 to establish a National Infrastructure Corps to address the Nation's infrastructure needs and provide employment opportunities for unemployed individuals.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Judicial District of the Virgin Islands Act of 1998''. SEC. 2. ESTABLISHMENT OF DISTRICT COURT OF THE VIRGIN ISLANDS AS AN ARTICLE III COURT. (a) Establishment.-- (1) In general.--Chapter 5 of title 28, United States Code, is amended by inserting after section 126 the following new section: ``Sec. 126A. Virgin Islands ``The Virgin Islands constitutes one judicial district comprising two divisions. ``(1) The Saint Croix Division comprises the Island of Saint Croix and adjacent islands and cays. ``Court for the Saint Croix Division shall be held at Christiansted. ``(2) The Saint Thomas and Saint John Division comprises the Islands of Saint Thomas and Saint John and adjacent islands and cays. ``Court for the Saint Thomas and Saint John Division shall be held at Charlotte-Amalie.''. (2) Conforming amendment.--The table of contents for chapter 5 of title 28, United States Code, is amended by inserting after the item relating to section 126 the following: ``126A. Virgin Islands.''. (3) Number of judges.--The table contained in section 133(a) of title 28, United States Code, is amended by inserting after the item relating to Vermont the following: ``Virgin Islands............................................... 2''. (b) Revised Organic Act of the Virgin Islands.-- (1) Repeals.--Sections 25, 26, and 27 of the Revised Organic Act of the Virgin Islands (48 U.S.C. 1615, 1616, and 1617) are repealed. (2) Bill of rights.--Section 3 of the Revised Organic Act of the Virgin Islands (48 U.S.C. 1561) is amended in the 23d undesignated paragraph-- (A) by inserting ``article III;'' after ``section 9, clauses 2 and 3;''; and (B) by striking ``: Provided, however'' and all that follows through the end of the paragraph and inserting the following: ``; except that all offenses under the laws of the Virgin Islands which are prosecuted in the courts established by local law shall continue to be prosecuted by information, except those that are required by local law to be prosecuted by indictment by grand jury.''. (3) Jurisdiction of local courts.--Section 21 of the Revised Organic Act of the Virgin Islands (48 U.S.C. 1611) is amended to read as follows: ``SEC. 21. JURISDICTION OF COURTS OF THE VIRGIN ISLANDS. ``(a) Jurisdiction of the Courts of the Virgin Islands.--The judicial power of the Virgin Islands shall be vested in such trial or appellate courts as may have been or may hereafter be established by local law. The local courts of the Virgin Islands shall have jurisdiction over all causes of action in the Virgin Islands over which any court established by the Constitution and laws of the United States does not have exclusive jurisdiction. ``(b) Practice and Procedure.--The rules governing the practice and procedure of the courts established by local law and those prescribing the qualifications and duties of the judges and officers thereof, oaths and bonds, and the times and places of holding court shall be governed by local law or the rules promulgated by those courts.''. (4) Jurisdiction over criminal matters and income tax.-- Section 22 of the Revised Organic Act of the Virgin Islands (48 U.S.C. 1612) is amended to read as follows: ``SEC 22. JURISDICTION OVER CRIMINAL MATTERS AND INCOME TAX. ``(a) Jurisdiction Over Criminal Matters.--Nothing in this title shall be contrued to remove or impair the jurisdiction of the courts of the Virgin Islands under the laws thereof. ``(b) Jurisdiction Over Income Tax Matters.--The United States District Court for the District of the Virgin Islands shall have exclusive jurisdiction over all criminal and civil proceedings in the Virgin Islands with respect to the income tax laws applicable to the Virgin Islands, regardless of the degree of the offense or of the amount involved, except the ancillary laws relating to the income tax enacted by the legislature of the Virgin Islands. Any act or failure to act with respect to the income tax laws applicable to the Virgin Islands which would constitute a criminal offense described in chapter 75 of subtitle F of the Internal Revenue Code of 1986 shall constitute an offense against the government of the Virgin Islands and may be prosecuted in the name of the government of the Virgin Islands by appropriate officers thereof in the United States District Court for the District of the Virgin Islands without the request or consent of the United States attorney for the Virgin Islands.''. (5) Relations between united states courts and local courts.--Section 23 of the Revised Organic Act of the Virgin Islands (48 U.S.C. 1613) is amended to read as follows: ``SEC. 23. RELATIONS BETWEEN COURTS OF THE UNITED STATES AND LOCAL COURTS. ``(a) In General.--The relations between the courts established by the Constitution or laws of the United States (including the United States District Court for the District of the Virgin Islands) and the courts established by local law with respect to appeals, certiorari, removal of causes, the issuance of writs of habeas corpus, and other matters or proceedings shall be governed by the laws of the United States pertaining to the relations between the courts of the United States, including the Supreme Court of the United States, and the courts of the several States in such matters and proceedings, except that for the first 15 years following the establishment of the appellate court authorized by section 21(a) of this Act, the United States Court of Appeals for the Third Circuit shall have jurisdiction to review by writ of certiorari all final decisions of the highest court of the Virgin Islands from which a decision could be had. ``(b) Reports to Congress.--The Judicial Council of the Third Circuit shall submit reports to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives at intervals of 5 years following the establishment of the such appellate court authorized by section 21(a) of this Act as to whether that court has developed sufficient institutional traditions to justify direct review by the Supreme Court of the United States from all final decisions of the highest court of the Virgin Islands. ``(c) Rules.--The United States Court of Appeals for the Third Circuit shall have jurisdiction to promulgate rules necessary to carry out the provisions of this section.''. (6) Appellate jurisdiction of district court.--Section 23A of the Revised Organic Act of the Virgin Islands (48 U.S.C. 1613a) is amended by striking ``District Court of the Virgin Islands'' each place it appears and inserting ``United States District Court for the District of the Virgin Islands''. (7) Assignment of additional judges to the court.--Section 24 of the Revised Organic Act of the Virgin Islands (48 U.S.C. 1613) is amended to read as follows: ``SEC. 24. ASSIGNMENT OF ADDITIONAL JUDGES TO THE COURT. ``Whenever it appears to be necessary for the proper dispatch of the business of the United States District Court for the District of the Virgin Islands-- ``(1) the chief judge of the Third Judicial Circuit of the United States may assign-- ``(A) a judge of a court of record of the Virgin Islands established by local law, ``(B) a circuit or district judge of the Third Judicial Circuit, or ``(C) a recalled senior judge of the District Court of the Virgin Islands, or ``(2) the Chief Justice of the United States may assign any other United States circuit or district judge, with the consent of that judge and the chief judge of the circuit from which the judge is assigned, to serve temporarily as a judge of the United States District Court for the District of the Virgin Islands. After the establishment of the appellate court authorized by section 21(a) of this Act, no judge described in paragraph (1)(A) may be assigned to the district court under this section.''. (c) Pleadings and Proceedings in English.--All pleadings and proceedings in the United States District Court for the District of the Virgin Islands shall be conducted in the English language. (d) Savings Provisions.-- (1) Pending cases.--With respect to any complaint or proceeding pending in the District Court of the Virgin Islands on the day before the effective date of this Act, such complaint or proceeding may, on and after such effective date, be pursued to final determination in the United States District Court for the District of the Virgin Islands, the United States Court of Appeals for the Third Circuit, and the United States Supreme Court. (2) Existing officers of the court.--Any individual who, on the effective date of this Act, is serving as the United States Attorney for the Virgin Islands, or the United States marshal for the Virgin Islands, may continue in such office until a successor is appointed pursuant to the provisions of title 28, United States Code. SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS. (a) Retirement and Survivors' Annuities.-- (1) Retirement.--Section 373 of title 28, United States Code, is amended in subsections (a) and (e) by striking ``, the District court of the Northern Mariana Islands, or the District Court of the Virgin Islands'' and inserting ``or the District Court of the Northern Mariana Islands''. (2) Survivors' annuities.--Section 376(a) of title 28, United States Code, is amended in paragraphs (1)(B) and (2)(B) by inserting ``(as in effect before the effective date of the Judicial District of the Virgin Islands Act of 1998)'' after ``the District Court of the Virgin Islands''. (3) Calculation of service as a judge.--In the case of a judge of a district court retiring under section 371 of title 28, United States Code, service by the judge as a judge of the District Court of the Virgin Islands before the effective date of this Act shall be included in calculating service under section 371(c) of such title. (4) Rights of existing retirees not affected.--Nothing in this Act shall be construed to affect the rights of any judge who has retired as a judge of the District Court of the Virgin Islands before the effective date of this Act. (b) Courts Defined.--Section 610 of title 28, United States Code, is amended by striking ``the District Court of the Virgin Islands''. (c) Magistrate Judges.--Section 631(a) of title 28, United States Code, is amended by striking ``and the district court of the Virgin Islands''. (d) Investigations by Attorney General.--Section 526(a)(2) of title 28, United States Code, is amended by striking ``and of the district court of the Virgin Islands''. (e) Courts of Appeals.--Section 1291 of title 28, United States Code, is amended by striking ``, the United States District Court for the District of the Canal Zone.'' and all that follows through ``Virgin Islands'' and inserting ``and the District Court of Guam.''. (f) Court of Appeals for the Federal Circuit.--Section 1295(a) of title 28, United States Code, is amended in paragraphs (1) and (2) by striking ``the United States District Court for the District of the Canal Zone'' and all that follows through ``Virgin Islands.'' and inserting ``the District Court of Guam.''. (g) Federal Tort Claims.--Section 1346(b) of title 28, United States Code, is amended by striking ``, together with'' and all that follows through ``Virgin Islands,''. (h) Court Reporters.--Section 753(a) of title 28, United States Code, is amended in the first paragraph by striking ``, the United States District Court for the District of the Canal Zone'' and all that follows through ``Virgin Islands'' and inserting ``and the District Court of Guam''. (i) Representation of Certain Defendants.--Section 3006A(j) of title 18, United States Code, is amended by striking ``the District Court of the Virgin Islands,''. SEC. 4. ADDITIONAL REFERENCES. Any reference in any provision of law to the ``District Court of the Virgin Islands'' shall, after the effective date of this Act, be deemed to be a reference to the United States District Court for the District of the Virgin Islands. SEC. 5. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect at the end of the 90-day period beginning on the date of the enactment of this Act.

Judicial District of the Virgin Islands Act of 1998 - Amends the Federal judicial code to establish a Federal judicial district in the Virgin Islands, composed of two divisions, one for Saint Croix and the other for Saint Thomas and Saint John. Provides two judges for such district. Repeals provisions of the Revised Organic Act of the Virgin Islands regarding judicial divisions, trial by jury, and the U.S. attorney for the Virgin Islands. Vests judicial power of the Virgin Islands in trial or appellate courts established by local law. (Currently, such power is also vested in the District Court of the Virgin Islands.) Requires the local courts of the Virgin Islands to have jurisdiction over all causes of action in the Islands over which any court established by the Constitution and U.S. laws does not have exclusive jurisdiction. (Currently, the Virgin Islands legislature may vest such jurisdiction in such courts.) Replaces references to the District Court of the Virgin Islands in provisions regarding jurisdiction over income tax matters and appellate jurisdiction with references to the U.S. District Court for the District of the Virgin Islands. Removes provisions regarding judges of the District Court of the Virgin Islands. Authorizes the temporary assignment of additional judges to the U.S. District Court for the Virgin Islands. Requires all pleadings and proceedings in the U.S. District Court for the Virgin Islands to be conducted in English. Permits pending complaints or proceedings to be pursued to final determination in such court, the U.S. Court of Appeals for the Third Circuit, and the Supreme Court. Deems references to the District Court of the Virgin Islands in any law to be references to the United States District Court for the Virgin Islands.

Judicial District of the Virgin Islands Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Los Angeles Homeless Veterans Leasing Act of 2016''. SEC. 2. AUTHORITY TO ENTER INTO CERTAIN LEASES AT THE DEPARTMENT OF VETERANS AFFAIRS WEST LOS ANGELES CAMPUS. (a) In General.--The Secretary of Veterans Affairs may carry out leases described in subsection (b) at the Department of Veterans Affairs West Los Angeles Campus in Los Angeles, California (hereinafter in this section referred to as the ``Campus''). (b) Leases Described.--Leases described in this subsection are the following: (1) Any enhanced-use lease of real property under subchapter V of chapter 81 of title 38, United States Code, for purposes of providing supportive housing, as that term is defined in section 8161(3) of such title, that principally benefit veterans and their families. (2) Any lease of real property for a term not to exceed 50 years to a third party to provide services that principally benefit veterans and their families and that are limited to one or more of the following purposes: (A) The promotion of health and wellness, including nutrition and spiritual wellness. (B) Education. (C) Vocational training, skills building, or other training related to employment. (D) Peer activities, socialization, or physical recreation. (E) Assistance with legal issues and Federal benefits. (F) Volunteerism. (G) Family support services, including child care. (H) Transportation. (I) Services in support of one or more of the purposes specified in subparagraphs (A) through (H). (3) A lease of real property for a term not to exceed 10 years to The Regents of the University of California, a corporation organized under the laws of the State of California, on behalf of its University of California, Los Angeles (UCLA) campus (hereinafter in this section referred to as ``The Regents''), if-- (A) the lease is consistent with the master plan described in subsection (g); (B) the provision of services to veterans is the predominant focus of the activities of The Regents at the Campus during the term of the lease; (C) The Regents expressly agrees to provide, during the term of the lease and to an extent and in a manner that the Secretary considers appropriate, additional services and support (for which The Regents is either not compensated by the Secretary or is compensated through an existing medical affiliation agreement) that-- (i) principally benefit veterans and their families, including veterans that are severely disabled, women, aging, or homeless; and (ii) may consist of activities relating to the medical, clinical, therapeutic, dietary, rehabilitative, legal, mental, spiritual, physical, recreational, research, and counseling needs of veterans and their families or any of the purposes specified in any of subparagraphs (A) through (I) of paragraph (1); and (D) The Regents maintains records documenting the value of the additional services and support that The Regents provides pursuant to subparagraph (C) for the duration of the lease and makes such records available to the Secretary. (c) Limitation on Land-Sharing Agreements.--The Secretary may not carry out any land-sharing agreement pursuant to section 8153 of title 38, United States Code, at the Campus unless such agreement-- (1) provides additional health-care resources to the Campus; and (2) benefits veterans and their families other than from the generation of revenue for the Department of Veterans Affairs. (d) Revenues From Leases at the Campus.--Any funds received by the Secretary under a lease described in subsection (b) shall be credited to the applicable Department medical facilities account and shall be available, without fiscal year limitation and without further appropriation, exclusively for the renovation and maintenance of the land and facilities at the Campus. (e) Easements.-- (1) In general.--Notwithstanding any other provision of law (other than Federal laws relating to environmental and historic preservation), pursuant to section 8124 of title 38, United States Code, the Secretary may grant easements or rights-of-way on, above, or under lands at the Campus to-- (A) any local or regional public transportation authority to access, construct, use, operate, maintain, repair, or reconstruct public mass transit facilities, including, fixed guideway facilities and transportation centers; and (B) the State of California, County of Los Angeles, City of Los Angeles, or any agency or political subdivision thereof, or any public utility company (including any company providing electricity, gas, water, sewage, or telecommunication services to the public) for the purpose of providing such public utilities. (2) Improvements.--Any improvements proposed pursuant to an easement or right-of-way authorized under paragraph (1) shall be subject to such terms and conditions as the Secretary considers appropriate. (3) Termination.--Any easement or right-of-way authorized under paragraph (1) shall be terminated upon the abandonment or nonuse of the easement or right-of-way and all right, title, and interest in the land covered by the easement or right-of- way shall revert to the United States. (f) Prohibition on Sale of Property.--Notwithstanding section 8164 of title 38, United States Code, the Secretary may not sell or otherwise convey to a third party fee simple title to any real property or improvements to real property made at the Campus. (g) Consistency With Master Plan.--The Secretary shall ensure that each lease carried out under this section is consistent with the draft master plan approved by the Secretary on January 28, 2016, or successor master plans. (h) Compliance With Certain Laws.-- (1) Laws relating to leases and land use.--If the Inspector General of the Department of Veterans Affairs determines, as part of an audit report or evaluation conducted by the Inspector General, that the Department is not in compliance with all Federal laws relating to leases and land use at the Campus, or that significant mismanagement has occurred with respect to leases or land use at the Campus, the Secretary may not enter into any lease or land-sharing agreement at the Campus, or renew any such lease or land-sharing agreement that is not in compliance with such laws, until the Secretary certifies to the Committee on Veterans' Affairs of the Senate, the Committee on Veterans' Affairs of the House of Representatives, and each Member of the Senate and the House of Representatives who represents the area in which the Campus is located that all recommendations included in the audit report or evaluation have been implemented. (2) Compliance of particular leases.--Except as otherwise expressly provided by this section, no lease may be entered into or renewed under this section unless the lease complies with chapter 33 of title 41, United States Code, and all Federal laws relating to environmental and historic preservation. (i) Community Veterans Engagement Board.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish a Community Veterans Engagement Board (in this subsection referred to as the ``Board'') for the Campus to coordinate locally with the Department of Veterans Affairs to-- (A) identify the goals of the community; and (B) provide advice and recommendations to the Secretary to improve services and outcomes for veterans, members of the Armed Forces, and the families of such veterans and members. (2) Members.--The Board shall be comprised of a number of members that the Secretary determines appropriate, of which not less than 50 percent shall be veterans. The nonveteran members shall be family members of veterans, veteran advocates, service providers, or stakeholders. (3) Community input.--In carrying out subparagraphs (A) and (B) of paragraph (1), the Board shall-- (A) provide the community opportunities to collaborate and communicate with the Board, including by conducting public forums on the Campus; and (B) focus on local issues regarding the Department that are identified by the community, including with respect to health care, benefits, and memorial services at the Campus. (j) Notification and Reports.-- (1) Congressional notification.--With respect to each lease or land-sharing agreement intended to be entered into or renewed at the Campus, the Secretary shall notify the Committee on Veterans' Affairs of the Senate, the Committee on Veterans' Affairs of the House of Representatives, and each Member of the Senate and the House of Representatives who represents the area in which the Campus is located of the intent of the Secretary to enter into or renew the lease or land-sharing agreement not later than 45 days before entering into or renewing the lease or land-sharing agreement. (2) Annual report.--Not later than one year after the date of the enactment of this Act, and not less frequently than annually thereafter, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate, the Committee on Veterans' Affairs of the House of Representatives, and each Member of the Senate and the House of Representatives who represents the area in which the Campus is located an annual report evaluating all leases and land-sharing agreements carried out at the Campus, including-- (A) an evaluation of the management of the revenue generated by the leases; and (B) the records described in subsection (b)(3)(D). (3) Inspector general report.-- (A) In general.--Not later than each of two years and five years after the date of the enactment of this Act, and as determined necessary by the Inspector General of the Department of Veterans Affairs thereafter, the Inspector General shall submit to the Committee on Veterans' Affairs of the Senate, the Committee on Veterans' Affairs of the House of Representatives, and each Member of the Senate and the House of Representatives who represents the area in which the Campus is located a report on all leases carried out at the Campus and the management by the Department of the use of land at the Campus, including an assessment of the efforts of the Department to implement the master plan described in subsection (g) with respect to the Campus. (B) Consideration of annual report.--In preparing each report required by subparagraph (A), the Inspector General shall take into account the most recent report submitted to Congress by the Secretary under paragraph (2). (k) Rule of Construction.--Nothing in this section shall be construed as a limitation on the authority of the Secretary to enter into other agreements regarding the Campus that are authorized by law and not inconsistent with this section. (l) Principally Benefit Veterans and Their Families Defined.--In this section the term ``principally benefit veterans and their families'', with respect to services provided by a person or entity under a lease of property or land-sharing agreement-- (1) means services-- (A) provided exclusively to veterans and their families; or (B) that are designed for the particular needs of veterans and their families, as opposed to the general public, and any benefit of those services to the general public is ancillary to the intended benefit to veterans and their families; and (2) excludes services in which the only benefit to veterans and their families is the generation of revenue for the Department of Veterans Affairs. (m) Conforming Amendments.-- (1) Prohibition on disposal of property.--Section 224(a) of the Military Construction and Veterans Affairs and Related Agencies Appropriations Act, 2008 (Public Law 110-161; 121 Stat. 2272) is amended by striking ``The Secretary of Veterans Affairs'' and inserting ``Except as authorized under the Los Angeles Homeless Veterans Leasing Act of 2016, the Secretary of Veterans Affairs''. (2) Enhanced-use leases.--Section 8162(c) of title 38, United States Code, is amended by inserting ``, other than an enhanced-use lease under the Los Angeles Homeless Veterans Leasing Act of 2016,'' before ``shall be considered''.

Los Angeles Homeless Veterans Leasing Act of 2016 (Sec. 2) This bill authorizes the Department of Veterans Affairs (VA) to carry out the following leases at the VA's West Los Angeles Campus in Los Angeles, California: any enhanced-use lease of real property for supportive housing that principally benefits veterans and their families; any lease of real property for not to exceed 50 years to a third party for services that principally benefit veterans and their families and that are related to health and wellness, education, vocational training and employment, peer activities or recreation, legal and federal benefits assistance, volunteerism, family support services, and transportation; and a lease of real property for not to exceed 10 years to the Regents of the University of California, on behalf of the University of California, Los Angeles, if the lease is consistent with the VA master plan and the provision of veterans services is the predominant focus. The VA shall not enter into any land-sharing agreements unless the agreements provide additional health care resources and benefit veterans and their families in ways other than generating additional revenue. Any funds received by the VA from a lease shall be credited to the applicable VA medical facilities account and shall be available, without fiscal year limitation and without further appropriation, exclusively for campus renovation and maintenance. The VA may, notwithstanding any other provision of law other than federal laws relating to environmental and historic preservation, grant easements or rights-of-way on, above, or under campus lands to: any local or regional public transportation authority to construct, operate, or maintain public mass transit facilities; and California, the County of Los Angeles, the City of Los Angeles, any agency or political subdivision thereof, or any public utility company for the purpose of providing public utilities. The VA may not sell or convey to a third party fee simple title to any real property or related improvements made at the campus. The VA shall ensure that each lease is consistent with the draft master plan approved by the VA on January 28, 2016, or successor master plans. The VA shall establish a Community Veterans Engagement Board to coordinate locally with the VA to: (1) identify community goals; and (2) provide advice to improve services for veterans, members of the Armed Forces, and their families.

Los Angeles Homeless Veterans Leasing Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Website for American Taxpayers to Check and Help Deter Out-of-control Government Spending Act'' or ``WATCHDOGS Act''. SEC. 2. DEFINITIONS. In this Act: (1) Agency.--The term ``agency'' means an Executive agency as defined under section 105 of title 5, United States Code. (2) Contractor entity.--The term ``contractor entity'' means any entity that receives Federal funds as a general contractor or subcontractor at any tier in connection with a Federal contract. (3) Covered entity.--The term ``covered entity'' means any entity that receives Federal funds-- (A) through a grant or loan, except-- (i) a grant or loan under entitlement authority; or (ii) a loan designated by the Office of Management and Budget under section 2(a)(3); or (B) under a statutory provision that directly references the entity receiving Federal funds, including any appropriations Act (or related committee or conference report) that specifically identifies the entity. (4) Entitlement authority.--The term ``entitlement authority'' has the meaning given under section 3 of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 622). (5) Entity.--The term ``entity''-- (A) includes any State or local government; and (B) shall not include the Federal Government. SEC. 3. DISCLOSURE BY ENTITIES. (a) Office of Management and Budget.--The Office of Management and Budget-- (1) shall issue a Federal funds application number to each covered entity or contractor entity that applies for such number, except that if more than 1 covered entity or contractor entity share a single tax identification number, only 1 Federal funds application number shall be issued for those covered entities or contractor entities; (2) shall develop and establish an updated searchable database website accessible to the public of the information on-- (A) each covered entity required to be submitted under subsection (b)(3), including links to other websites described under subsection (b)(3); and (B) each contractor entity required to be submitted under subsection (c)(3); (3) may promulgate regulations to designate loan programs which are not covered by this Act if-- (A) the Federal funds under that program are received only by individuals; and (B) the agency administering the program exercises minimal discretion in determining recipients other than the application of specific criteria of eligibility; and (4) after consultation with agencies, promulgate regulations to provide exemptions for disclosures of information, covered entities, and contractor entities in the interest of national defense or national security. (b) Requirements for Covered Entities.--Each covered entity shall-- (1) apply to the Office of Management and Budget for a Federal funds application number; (2) use the Federal funds application number in any application or other document relating to the receipt of Federal funds; and (3) not later than 45 days before the end of each fiscal year, file a report with the Office of Management and Budget that includes-- (A) the dollar amount, of any Federal funds received by the entity in the previous 5 years and the identification of such amounts in each year, including an identification of the source of funds from programs based on the Catalogue of Federal Assistance, if applicable; (B) the entity's-- (i) primary office and any additional offices; (ii) the tax status; and (iii) tax identification number; (C) the full name, address, and social security numbers of each officer and director of the entity; (D) an overall annual financial disclosure statement for the previous year (with specific amounts for total lobbying expenses, travel expenses, rent, salaries, and decorating expenses); (E) the full name, address, and social security number of each employee making more than $50,000 each year in gross income; (F) any links to the website of the covered entity providing additional information on that covered entity; and (G) any other relevant information the Office of Management and Budget may require. (c) Requirements for Contractor Entities.--Each contractor entity shall-- (1) apply to the Office of Management and Budget for a Federal funds application number; (2) use the Federal funds application number in any application or other document relating to the receipt of Federal funds; and (3) not later than 45 days before the end of each fiscal year, file a report with the Office of Management and Budget that includes-- (A) the dollar amount, of any Federal funds received by the entity in the previous 5 years and the identification of such amounts in each year, including an identification of the source of funds from programs based on the Catalogue of Federal Assistance, if applicable; and (B) the entity's-- (i) primary office and any additional offices; (ii) the tax status; and (iii) tax identification number. (d) Federal Agencies.--Each agency shall-- (1) use the Federal funds application number with respect to any document relating to a covered entity or contractor entity receiving Federal funds, including applications, correspondence, contracts, memoranda, proposals, agreements, and receipts; and (2) make such information relating to covered entities or contractor entities and such documents available to the Office of Management and Budget as the Office may require. (e) Application of Certain Federal Laws to Covered Entities and Contractor Entities.-- (1) In general.--Notwithstanding any other provision of law, the provisions of law described under paragraph (2) shall apply to a covered entity or contractor entity to the greatest extent practicable as though that covered entity or contractor entity is a Federal agency, if 10 percent of the business expenditures or annual budget of a covered entity or contractor entity is derived by or from Federal funds. (2) Applicable laws.--The provisions of law referred to under paragraph (1) are-- (A) section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act); and (B) subchapter I of chapter 57 of title 5, United States Code (relating to travel and subsistence expenses and mileage allowances). (f) Regulations.--The Office of Management and Budget shall promulgate regulations to carry out this Act. (g) Effective Dates.-- (1) In general.--This Act shall take effect on January 1, 2007. (2) Regulations.--Subsection (f) shall take effect on the date of enactment of this Act.

Website for American Taxpayers to Check and Help Deter Out-of-control Government Spending Act or WATCHDOGS Act - Defines: (1) a "contractor entity" as any entity that receives federal funds as a general contractor or subcontractor at any tier in connection with a federal contract; and (2) "covered entity" as any entity that receives federal funds through a grant or loan, with exceptions. Requires each contractor entity and covered entity to: (1) apply to the Office of Management and Budget (OMB) for a federal funds application number; and (2) annually provide OMB with specified information. Directs OMB to: (1) issue a federal funds application number to each covered entity or contractor entity that applies for such number; (2) develop and establish a publicly accessible searchable database website of information on each covered entity and contractor entity; (3) promulgate regulations to designate, as specified, loan programs not covered by this Act; and (4) provide for information disclosure exemptions in the interest of national defense or national security. Requires each federal agency to: (1) use the federal funds application number with respect to any document relating to a covered entity or contractor entity receiving federal funds; and (2) make such information relating to covered entities or contractor entities available to OMB as OMB may require.

A bill to require full disclosure by entities receiving Federal funds, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Government Litigation Savings Act''. SEC. 2. MODIFICATION OF EQUAL ACCESS TO JUSTICE PROVISIONS. (a) Agency Proceedings.--Section 504 of title 5, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (1)---- (i) by inserting after the first sentence the following: ``Fees and other expenses may be awarded under this subsection only to a prevailing party who has a direct and personal interest in the adversary adjudication because of medical costs, property damage, determination of benefits, unpaid disbursement, fees and other expenses incurred in defense of the adjudication, interest in a policy concerning such medical costs, property damage, determination of benefits, unpaid disbursement, fees and other expenses, or otherwise.''; and (ii) by adding at the end the following: ``The agency conducting the adversary adjudication shall make any party against whom the adjudication is brought, at the time the adjudication is commenced, aware of the provisions of this section.''; and (B) in paragraph (3), in the first sentence-- (i) by striking ``may reduce'' and inserting ``shall reduce''; and (ii) by striking ``unduly and unreasonably'' and inserting ``unduly or unreasonably''; (2) in subsection (b)(1)-- (A) in subparagraph (A)(ii), by striking ``$125 per hour'' and all that follows through the end and inserting ``$200 per hour.);''; and (B) in subparagraph (B)(ii), by striking ``; except that'' and all that follows through ``section 601;'' and inserting ``except that-- ``(I) the net worth of a party (other than an individual or a unit of local government) shall include the net worth of any parent entity or subsidiary of that party; and ``(II) for purposes of subclause (I)-- ``(aa) a `parent entity' of a party is an entity that owns or controls the equity or other evidences of ownership in that party; and ``(bb) a `subsidiary' of a party is an entity the equity or other evidences of ownership in which are owned or controlled by that party;''; (3) in subsection (c)(1), by striking ``, United States Code''; and (4) by adding at the end the following new subsection: ``(g) The Director of the Office of Management and Budget shall adjust the maximum hourly fee set forth in subsection (b)(1)(A)(ii) for the fiscal year beginning October 1, 2015, and for each fiscal year thereafter, to reflect changes in the Consumer Price Index, as determined by the Secretary of Labor.''. (b) Court Cases.--Section 2412(d) of title 28, United States Code, is amended-- (1) by amending paragraph (1)(A) to read as follows: ``(A) Except as otherwise specifically provided by statute, a court, in any civil action (other than cases sounding in tort), including proceedings for judicial review of agency action, brought by or against the United States in any court having jurisdiction of that action, shall award to a prevailing party (other than the United States) fees and other expenses, in addition to any costs awarded pursuant to subsection (a), incurred by that party in the civil action, unless the court finds that the position of the United States was substantially justified or that special circumstances make an award unjust. Fees and other expenses may be awarded under this paragraph only to a prevailing party who has a direct and personal interest in the civil action because of medical costs, property damage, determination of benefits, unpaid disbursement, fees and other expenses incurred in defense of the civil action, interest in a policy concerning such medical costs, property damage, determination of benefits, unpaid disbursement, fees and other expenses, or otherwise.''; (2) in paragraph (1)(C)-- (A) by striking ``court, in its discretion, may'' and inserting ``court shall''; and (B) by striking ``unduly and unreasonably'' and inserting ``unduly or unreasonably''; (3) in paragraph (2)-- (A) in subparagraph (A)(ii), by striking ``$125'' and all that follows through the end and inserting ``$200 per hour.);''; (B) in subparagraph (B)(ii), by striking ``; except that'' and all that follows through ``section 601 of Title 5;'' and inserting ``except that-- ``(I) the net worth of a party (other than an individual or a unit of local government) shall include the net worth of any parent entity or subsidiary of that party; and ``(II) for purposes of subclause (I)-- ``(aa) a `parent entity' of a party is an entity that owns or controls the equity or other evidences of ownership in that party; and ``(bb) a `subsidiary' of a party is an entity the equity or other evidences of ownership in which are owned or controlled by that party;''; and (4) by adding at the end the following: ``(5) The Director of the Office of Management and Budget shall adjust the maximum hourly fee set forth in paragraph (2)(A)(ii) for the fiscal year beginning October 1, 2015, and for each fiscal year thereafter, to reflect changes in the Consumer Price Index, as determined by the Secretary of Labor.''. (c) Clerical Amendments.--Section 2412 of title 28, United States Code, is amended-- (1) in subsection (d)(3), by striking ``United States Code,''; and (2) in subsection (e)-- (A) by striking ``of section 2412 of title 28, United States Code,'' and inserting ``of this section''; and (B) by striking ``of such title'' and inserting ``of this title''. (d) Effective Date.-- (1) In general.-- Subject to paragraph (2), this Act and the amendments made by this Act shall take effect on the date of the enactment of this Act. (2) Applicability of certain amendments.--The amendments made by subsections (a) and (b) shall first apply with respect to awards of fees and other expenses that are made under section 504 of title 5, United States Code, or section 2412(d) of title 28, United States Code, on or after the date of the enactment of this Act.

Government Litigation Savings Act - Revises provisions of the Equal Access to Justice Act (EAJA) and the federal judicial code relating to the fees and other expenses of parties in agency proceedings and court cases against the federal government. Restricts awards of fees and other expenses under EAJA to prevailing parties with a direct and personal interest in an adjudication, including because of medical costs, property damage, determination of benefits, an unpaid disbursement, and other expenses of adjudication, or because of a policy interest. Requires (currently, authorizes) the reduction or denial of an award if the party during the course of the proceedings engaged in conduct which unduly or unreasonably (currently, unduly and unreasonably) protracted the final resolution of the matter in controversy. Increases to $200 per hour the cap on attorney fees awarded under EAJA and eliminates the cost-of-living and special factor considerations for allowing an increase in the hourly rate for such fees. Eliminates the net worth exemption for determining eligibility for fees and expenses under EAJA for tax-exempt organizations and cooperative associations under the Agricultural Marketing Act.

Government Litigation Savings Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prohibition of Cigarette Sales to Minors in Federal Buildings and Lands Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) cigarette smoking and the use of smokeless tobacco products continue to represent major health hazards to the Nation, causing approximately 434,000 deaths each year; (2) cigarette smoking continues to be the single most preventable cause of death and disability in the United States; (3) tobacco products contain hazardous additives, gases, and other chemical constituents dangerous to health; (4) the use of tobacco products costs the United States more than $60,000,000,000 in lost productivity and health care costs; (5) tobacco products contain nicotine, a poisonous, addictive drug; (6) despite the known adverse health effects associated with tobacco, it remains one of the least regulated consumer products and is readily available to children and adolescents throughout the United States; (7) 90 percent of adult smokers start smoking in adolescence or childhood and continue to smoke throughout their adult lives; (8) each day, more than 3,000 children and adolescents start smoking and collectively consume nearly one billion packs of cigarettes per year; (9) reliable studies indicate that tobacco is a gateway to other, increasingly more harmful drugs, and that tobacco use continues after use of other drugs begins; and (10) the Congress of the United States has a major policy setting role in ensuring that the use of tobacco products among minors is discouraged to the maximum extent possible. SEC. 3. DEFINITIONS. As used in this Act-- (1) the term ``Federal agency'' means-- (A) an Executive agency as defined in section 105 of title 5, United States Code; and (B) each entity specified in paragraphs (B) through (H) of section 5721(1) of title 5, United States Code; (2) the term ``Federal building'' means-- (A) any building or other structure owned in whole or in part by the United States or any Federal agency, including any such structure occupied by a Federal agency under a lease agreement; and (B) includes the real property on which such building is located; (3) the term ``minor'' means an individual under the age of 18 years; and (4) the term ``tobacco product'' means cigarettes, cigars, little cigars, pipe tobacco, smokeless tobacco, snuff, and chewing tobacco. SEC. 4. TOBACCO PRODUCTS VENDING MACHINE AND FREE SAMPLE BAN IN FEDERAL BUILDINGS. (a) In General.--No later than 45 days after the date of the enactment of this Act, the Administrator of General Services and the head of each Federal agency shall promulgate regulations that prohibit-- (1) the sale of tobacco products in vending machines located in or around any Federal building under the jurisdiction of the Administrator or such agency head; and (2) the distribution of free samples of tobacco products in or around any Federal building under the jurisdiction of the Administrator or such agency head. (b) Exception.--The Administrator of General Services or the head of an agency, as appropriate, may designate areas not subject to the provisions of subsection (a), if such area also prohibits the presence of minors. (c) Jurisdiction of Federal Buildings and Administration.--The provisions of this section shall be carried out-- (1) by the Administrator of General Services for any Federal building which is maintained, leased, or has title of ownership vested in the General Services Administration; or (2) by the head of a Federal agency for any Federal building which is maintained, leased, or has title of ownership vested in such agency. SEC. 5. COMPLIANCE REPORT. No later than 90 days after the date of enactment of this Act, the Administrator of General Services and each head of an agency shall prepare and submit, to the appropriate committees of Congress, a report that shall contain-- (1) verification that the Administrator or such head of an agency is in compliance with this Act; and (2) a detailed list of the location of all tobacco product vending machines located in Federal buildings under the administration of the Administrator or such head of an agency. SEC. 6. APPLICATION TO THE UNITED STATES CAPITOL AND GROUNDS. (a) In General.--No later than 45 days after the date of the enactment of this Act, the Senate Committee on Rules and Administration and the House of Representatives Committee on House Administration, after consultation with the Architect of the Capitol, shall promulgate regulations that-- (1) prohibit the sale of tobacco products in vending machines in the Capitol Buildings; and (2) prohibit the distribution of free samples of tobacco products in the Capitol Buildings. (b) Exception.--Such committees may designate areas where such prohibition shall not apply, if such area also prohibits the presence of minors. (c) Definition.--For the purpose of this section the term ``Capitol Buildings'' shall have the same meaning as such term is defined under section 16(a)(1) of the Act entitled ``An Act to define the area of the United States Capitol Grounds, to regulate the use thereof, and for other purposes'', approved July 31, 1946 (40 U.S.C. 193m(1)). SEC. 7. RULE OF CONSTRUCTION. Nothing in this Act shall be construed as restricting the authority of the Administrator of General Services or the head of an agency to limit tobacco product use in or around any Federal building, except as provided under section 4(a).

Prohibition of Cigarette Sales to Minors in Federal Buildings and Lands Act - Requires the Administrator of the General Services Administration and the head of each Federal agency to promulgate regulations that prohibit the sale of tobacco products in vending machines and the distribution of free samples of tobacco products in or around any Federal building under their jurisdiction. Sets forth similar requirements pertaining to the Capitol Buildings and grounds.

Prohibition of Cigarette Sales to Minors in Federal Buildings and Lands Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Emergency Telemedical Communications Act of 2002''. SEC. 2. PURPOSES. The purposes of this Act are as follows: (1) To form a task force and create testing networks to facilitate the development of a National Telemedical Network by integrating the peer-to-peer, specialist-to-patient, or disaster expert-to-scene real time interaction of telehealth, information technology, and disease surveillance systems in order to monitor, respond to, and manage the events of a biological or chemical terrorist attack and other public health emergencies. (2) To take advantage of the existing telehealth infrastructure in the United States, and add surge capacity for disasters and provide knowledge on demand to support community readiness at a local level. (3) To expand integrated telehealth models that have demonstrated progress in promoting disaster preparedness, telemedicine, helicopter rescue, informatics, and public health, and that have a record of teamwork among defense, emergency management, public health, and law enforcement agencies. SEC. 3. ESTABLISHMENT OF STATE AND REGIONAL TELEHEALTH NETWORKS. (a) Program Authorized.-- (1) In General.--The Secretary of Defense (referred to in this Act as the ``Secretary''), in consultation with the Secretary of Health and Human Services shall carry out a pilot program for the development of statewide and regional telehealth network testbeds that securely link existing State and local telehealth initiatives to each of the following: (A) States within a regional consortium of States in the Southeast Region of the United States as such region is determined by the Secretary. (B) States within a regional consortium of States in the North Central Region of the United States as such region is determined by the Secretary. (2) Contracts.--The Secretary shall enter into contracts to carry out the program authorized under paragraph (1). (3) Duration.--The Secretary shall enter into contracts under this section for a period not to exceed 3 years. Such contracts may be renewed. (b) Statewide Networks.--A State awarded a contract under subsection (a) shall develop a statewide telehealth network that links established telehealth initiatives within the State to provide medical services in cooperation with and in support of-- (1) the State health department; (2) local health departments; (3) public health clinics; (4) medical centers of the Department of Defense and the Department of Veterans' Affairs; (5) community health clinics; (6) rural health clinics; (7) private clinics; (8) hospitals; (9) academic health centers; (10) offices of rural health; (11) home health care organizations; (12) Indian Health Service clinics; (13) veterinary clinics and hospitals; (14) agrimedicine centers; and (15) Federal agencies. (c) Functions of the Networks.--A statewide telehealth network established under this section shall test the feasibility of recommendations (including the guidelines, guidance, and blueprint) described in paragraphs (5) through (9) of section 4(b), and provide reports to the task force established under section 4, on such network's ability, in preparation of and in response to a biological terrorist attack and related medical disasters, to support each of the following functions: (1) Rapid emergency response. (2) Real-time data collection for information dissemination. (3) Epidemiological surveillance. (4) Situationally relevant expert consultative services. (5) Training of responders. (6) Development of an advanced distributive learning network. (7) Distance learning for the purposes of medical and clinical education, and simulation scenarios for on-going training. (d) Requirements.--In entering into contracts under subsection (a), the Secretary shall-- (1) require that each statewide telehealth network be standardized in order to connect existing telehealth activities within the State as well as make connections to other statewide telehealth networks to form interoperable regional telehealth networks; (2) encourage States to establish at the local level interoperable and overlapping information and operational capability response grids; (3) require that each statewide network adopt common administrative, physical, and technical approaches to protecting the network's confidentiality, integrity, and availability following guidelines developed by the task force established under section 4 and approved by the Secretary; and (4) require that each statewide network inventory and report to the task force established under section 4, the technology and technical infrastructure available to such network and any changes to such technology and technical infrastructure. (e) Recommendations Relating to Standards.--In order to achieve national telehealth network interoperability, the statewide and regional networks shall test and provide feedback on recommendations relating to the standard clinical information, operational capability and associated technology and information standards created or recognized by the task force established under section 4. (f) Testing.--The task force established under section 4 shall work with the States to test the statewide and regional telehealth networks for such networks' ability to provide support for the existing and planned efforts of State and local law enforcement, fire departments, health facilities, and Federal and State health agencies, to respond rapidly in times of crisis in each of the following areas: (1) Prevention and surveillance. (2) Early detection. (3) Crisis responses. (4) Treatment. (g) Report.--Not later than 1 year after the date of enactment of this Act and annually thereafter during the period in which contracts are awarded under this section, the Secretary shall prepare and submit to the appropriate committees of Congress a report-- (1) describing the progress made in implementing the statewide and regional telehealth networks; and (2) specifying the extent to which recommendations made by the task force established under section 4 contributed to the implementation of the statewide and regional telehealth networks. SEC. 4. TELEHEALTH TASK FORCE. (a) Establishment.--The Secretary, in consultation with the Secretary of Health and Human Services, shall establish a task force to be known as the ``National Emergency Telehealth Network Task Force'' (referred to in this section as the ``Task Force'') to inventory and improve telehealth networks. (b) Functions.--The Task Force shall-- (1) conduct an inventory of existing telehealth initiatives, including-- (A) the specific location of network components; (B) the medical, technological, and communications capabilities of such components; and (C) the functionality of such components; (2) recommend to the Secretary acceptable standard clinical information that could be uniformly applied and available throughout the National Telemedical Network; (3) make recommendations for use by the Secretary in establishing regional interoperating and overlapping information and operational capability response grids in order to achieve coordinated capabilities based responses among local, county, State, military, Department of Veterans' Affairs, and other Federal responders; (4) recommend any changes necessary to integrate technology and clinical practices; (5) test the regional telehealth networks for the ability described in section 3(f) and, if the regional telehealth networks lack that ability, recommend to the Secretary ways to improve these networks; (6) study recommendations made during the telehealth networking project described in section 3; (7) research, develop, test, and evaluate administrative, physical, and technical guidelines for protecting the confidentiality, integrity, and availability of statewide networks and all associated information; (8) provide overall guidance for the formation of a National Telemedical Network for the earliest identification of, and response to, a physical, chemical, radiological, or biological threat to or attack on the United States, as well as natural disasters; (9) create a telehealth blueprint that makes recommendations for the interconnecting and interoperability of all individual telehealth networks resulting in a National Telemedical Network; (10) develop policies for provisioning and prioritizing the use of a National Telemedical Network for bioterrorism and disaster response; (11) make recommendations to the Secretary regarding technical assistance and program content for use in the national coordination of the regional networks described in section 3(d)(1); (12) provide management for the development of training programs for responders and a mechanism for training via enhanced advanced distributive learning; (13) provide project evaluation framework and recommend tools for assessing-- (A) the selection and interaction of project participants; (B) educational training needs for an operational testbed; (C) effectiveness of the project; and (D) economic impact estimates; and (14) advise the Secretary on issues of patient data security, and compliance with all applicable regulations. (c) Membership.--The Task Force established pursuant to subsection (a) shall include representation from-- (1) relevant Federal agencies; (2) relevant State and local government agencies; (3) professional associations specializing in health care and veterinary medicine; and (4) other relevant private sector organizations, including public health and national telehealth organizations and representatives of academic and corporate information management and information technology organizations. (d) Meetings and Reports.-- (1) Meetings.--The Task Force shall meet as the Secretary may direct. (2) Reports.--Not later than 120 days after the date of enactment of this Act the Task Force shall prepare a report and annually for each of the 3 years thereafter, the Task Force shall prepare and submit a report to Congress regarding the Task Force's activities. (3) Initial report.--In addition to the information required under paragraph (2), the initial report required under such paragraph shall specify the information to be gathered from the statewide telehealth networks established under section 3, and the form of such information. (e) Implementation.--The Task Force may carry out activities under this section in cooperation with other entities, including national telehealth organizations. (f) Termination.--The Task Force shall terminate upon submission of the final report required under subsection (d)(2). SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this Act $275,000,000, such sums to remain available until expended. (b) Limit on Administrative Expenses.--Not more than 5 percent of the amount appropriated for each fiscal year under subsection (a) shall be used for Task Force administrative costs.

National Emergency Telemedical Communications Act of 2002 - Directs the Secretary of Defense to establish a pilot program for the development of statewide and regional telehealth network testbeds that securely link existing State and local telehealth initiatives to regional consortiums of States in the southeastern and the northern central United States.Requires participating States to develop standardized statewide telehealth networks that link established telehealth initiatives to provide medical services in cooperation with health care facilities. Requires the network to test its ability to prepare for and respond to a biological terrorist attack and related medical disasters.Directs the Secretary to establish the National Emergency Telehealth Network Task Force to inventory and improve telehealth networks.

A bill to authorize the formulation of State and regional emergency telehealth network testbeds and, within the Department of Defense, a telehealth task force.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Center to Advance, Monitor, and Preserve University Security Safety Act of 2011'' or the ``CAMPUS Safety Act of 2011''. SEC. 2. NATIONAL CENTER FOR CAMPUS PUBLIC SAFETY. Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at the end the following: ``PART LL--NATIONAL CENTER FOR CAMPUS PUBLIC SAFETY ``SEC. 3021. NATIONAL CENTER FOR CAMPUS PUBLIC SAFETY. ``(a) Authority To Establish and Operate Center.-- ``(1) In general.--The Director of the Office of Community Oriented Policing Services is authorized to establish and operate a National Center for Campus Public Safety (referred to in this section as the `Center'). ``(2) Grant authority.--The Director of the Office of Community Oriented Policing Services is authorized to award grants to institutions of higher education and other nonprofit organizations to assist in carrying out the functions of the Center required under subsection (b). ``(b) Functions of the Center.--The Center shall-- ``(1) provide quality education and training for campus public safety agencies of institutions of higher education and the agencies' collaborative partners, including campus mental health agencies; ``(2) foster quality research to strengthen the safety and security of institutions of higher education; ``(3) serve as a clearinghouse for the identification and dissemination of information, policies, procedures, and best practices relevant to campus public safety, including off- campus housing safety, the prevention of violence against persons and property, and emergency response and evacuation procedures; ``(4) develop protocols, in conjunction with the Attorney General, the Secretary of Homeland Security, the Secretary of Education, State, local, and tribal governments and law enforcement agencies, private and nonprofit organizations and associations, and other stakeholders, to prevent, protect against, respond to, and recover from, natural and man-made emergencies or dangerous situations involving an immediate threat to the health or safety of the campus community; ``(5) promote the development and dissemination of effective behavioral threat assessment and management models to prevent campus violence; ``(6) coordinate campus safety information (including ways to increase off-campus housing safety) and resources available from the Department of Justice, the Department of Homeland Security, the Department of Education, State, local, and tribal governments and law enforcement agencies, and private and nonprofit organizations and associations; ``(7) increase cooperation, collaboration, and consistency in prevention, response, and problem-solving methods among law enforcement, mental health, and other agencies and jurisdictions serving institutions of higher education; ``(8) develop standardized formats and models for mutual aid agreements and memoranda of understanding between campus security agencies and other public safety organizations and mental health agencies; and ``(9) report annually to Congress and the Attorney General on activities performed by the Center during the previous 12 months. ``(c) Coordination With Available Resources.--In establishing the Center, the Director of the Office of Community Oriented Policing Services shall-- ``(1) consult with the Secretary of Homeland Security, the Secretary of Education, and the Attorney General of each State; and ``(2) coordinate the establishment and operation of the Center with campus public safety resources that may be available within the Department of Homeland Security and the Department of Education. ``(d) Definition of Institution of Higher Education.--In this section, the term `institution of higher education' has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). ``(e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $2,750,000 for each of the fiscal years 2012 through 2016.''. SEC. 3. JUSTICE PROGRAM CONSOLIDATION. (a) In General.--Effective 30 days after the date of enactment of this Act, the Office of Dispute Resolution of the Department of Justice and the jurisdiction and employees of such office shall be-- (1) transferred to the Office of Legal Policy of the Department of Justice; and (2) funded through the general administration appropriation of the Office of Legal Policy. (b) Additional Amount.--The Attorney General shall implement policies that will result in at least $1,000,000 in savings through consolidating ineffective or duplicative programs over the period of fiscal years 2012 through 2016.

Center to Advance, Monitor, and Preserve University Security Safety Act of 2011 or CAMPUS Safety Act of 2011 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Director of the Office of Community Oriented Policing Services to establish and operate a National Center for Campus Public Safety. Tasks the Center with strengthening the safety and security of institutions of higher education (IHEs) by: (1) training IHE public safety agencies and their collaborative partners; (2) fostering relevant research; (3) collecting, coordinating, and disseminating information and best practices regarding campus safety; (4) developing protocols to prevent, protect against, respond to, and recover from natural and man-made emergencies that threaten the campus community; and (5) increasing cooperation between IHEs and the law enforcement, mental health, and other agencies and jurisdictions that serve them. Authorizes the Director to award grants to IHEs and other nonprofit organizations for activities that will assist the Center in performing its functions. Transfers the Office of Dispute Resolution in the Department of Justice to the Office of Legal Policy. Directs the Attorney General to save $1 million by consolidating ineffective or duplicative programs through FY2016.

A bill to establish and operate a National Center for Campus Public Safety.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Schools Act of 2001''. SEC. 2. SAFE SCHOOLS. (a) Amendments to the Gun-Free Schools Act of 1994.--Part F of title XIV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8921 et seq.) is amended-- (1) in section 14601 (20 U.S.C. 8921)-- (A) in subsection (a)-- (i) by striking ``Gun-Free'' and inserting ``Safe''; and (ii) by striking ``1994'' and inserting ``2001''; (B) in subsection (b)(1), by inserting after ``determined'' the following: ``to be in possession of felonious quantities of an illegal drug, on school property under the jurisdiction of, or in a vehicle operated by an employee or agent of, a local educational agency in that State, or''; and (C) in subsection (b)(4)-- (i) by striking ``Definitions.--For the purpose of this section, the'' and inserting the following: ``Definitions.--For purposes of this section: ``(1) Weapon.--The''; and (ii) by adding at the end the following: ``(2) Illegal drug.--The term `illegal drug' means a controlled substance, as defined in section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)), the possession of which is unlawful under such Act (21 U.S.C. 801 et seq.) or under the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), but does not include a controlled substance used pursuant to a valid prescription or as authorized by law. ``(3) Illegal drug paraphernalia.--The term `illegal drug paraphernalia' means drug paraphernalia, as defined in section 422(d) of the Controlled Substances Act (21 U.S.C. 863(d)), except that the first sentence of that section shall be applied by inserting `or under the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.)' before the period. ``(4) Felonious quantities of an illegal drug.--The term `felonious quantities of an illegal drug' means any quantity of an illegal drug-- ``(A) possession of which (quantity) would, under Federal, State, or local law, either constitute a felony or indicate an intent to distribute; or ``(B) that is possessed with an intent to distribute.''; (D) in subsection (d)(2)(C), by inserting ``illegal drugs or'' before ``weapons''; and (E) by striking subsection (f); (2) in section 14602(a) (20 U.S.C. 8922(a))-- (A) by inserting after ``who'' the following: ``is in possession of an illegal drug, or illegal drug paraphernalia, on school property under the jurisdiction of, or in a vehicle operated by an employee or agent of, such agency, or who''; and (B) by striking ``served by'' and inserting ``under the jurisdiction of''; and (3) in section 14603 (20 U.S.C. 8923)-- (A) in paragraph (1)-- (i) by striking ``policy of the Department in effect on the date of enactment of the Improving America's Schools Act of 1994'' and inserting ``policy in effect on the date of enactment of the Safe Schools Act of 2001''; and (ii) by adding ``and'' at the end; (B) in paragraph (2)-- (i) by striking ``engaging'' and inserting ``possessing illegal drugs, or illegal drug paraphernalia, on school property, or in vehicles operated by employees or agents of, schools or local educational agencies, or engaging''; and (ii) by striking ``; and'' and inserting a period; and (C) by striking paragraph (3). (b) Compliance Date; Reporting.-- (1) Compliance date.--A State shall have 2 years from the date of enactment of this Act to comply with the requirements established under the amendments made by subsection (a). (2) Reports.-- (A) On approaches for discipline.--Not later than 2 years after the date of enactment of this Act, the Secretary of Education shall submit to Congress a report analyzing the strengths and weaknesses of approaches regarding the disciplining of children with disabilities. (B) On compliance.--Not later than 3 years after the date of enactment of this Act, the Secretary of Education shall submit to Congress a report on any State that is not in compliance with the requirements of this part.

Safe Schools Act of 2001 - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to require a local educational agency (LEA) that receives ESEA funds to expel a student determined to be in possession of an illegal drug or illegal drug paraphernalia on school property or in a vehicle operated by an LEA employee or agent.Renames as the Safe Schools Act of 2001 ESEA provisions currently known as the Gun-Free Schools Act of 1994.

A bill to encourage drug-free and safe schools.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Families Credit Reporting Act''. SEC. 2. NOTICE OF STATUS AS AN ACTIVE DUTY MILITARY CONSUMER. The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended-- (1) in section 605, by adding at the end the following: ``(i) Notice of Status as an Active Duty Military Consumer.-- ``(1) In general.--With respect to an item of adverse information about a consumer, if the action or inaction that gave rise to the item occurred while the consumer was an active duty military consumer, the consumer may provide appropriate proof, including official orders, to a consumer reporting agency that the consumer was an active duty military consumer at the time such action or inaction occurred, and any consumer report provided by the consumer reporting agency that includes the item shall clearly and conspicuously disclose that the consumer was an active duty military consumer when the action or inaction that gave rise to the item occurred. ``(2) Model form.--The Bureau shall prepare a model form, which shall be made publicly available, including in an electronic format, that allows a consumer to-- ``(A) notify, and provide appropriate proof to, a consumer reporting agency in a simple and easy manner, including electronically, that the consumer is an active duty military consumer; and ``(B) provide contact information of the consumer for the purpose of communicating with the consumer while the consumer is an active duty military consumer.''; (2) in section 605A-- (A) in subsection (c)-- (i) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively, and adjusting the margins accordingly; (ii) in the matter preceding subparagraph (A), as so redesignated, by striking ``Upon'' and inserting the following: ``(1) In general.--Upon''; and (iii) by adding at the end the following: ``(2) Negative information notification.--If a consumer reporting agency receives an item of adverse information about a consumer who has provided appropriate proof that the consumer is an active duty military consumer, the consumer reporting agency shall promptly notify the consumer-- ``(A) that the consumer reporting agency has received the item of adverse information, along with a description of the item; and ``(B) the method by which the consumer may dispute the validity of the item. ``(3) Contact information for active duty military consumers.--If a consumer who has provided appropriate proof to a consumer reporting agency that the consumer is an active duty military consumer provides the consumer reporting agency with contact information for the purpose of communicating with the consumer while the consumer is an active duty military consumer, the consumer reporting agency shall use such contact information for all communications while the consumer is an active duty military consumer. ``(4) Sense of congress.--It is the sense of Congress that any person making use of a consumer report that contains an item of adverse information should, if the action or inaction that gave rise to the item occurred while the consumer was an active duty military consumer, take such fact into account when evaluating the creditworthiness of the consumer.''; and (B) in subsection (e), by striking paragraph (3) and inserting the following: ``(3) subparagraphs (A) and (B) of subsection (c)(1), in the case of a referral under subsection (c)(1)(C).''; and (3) in section 611(a)(1), by adding at the end the following: ``(D) Notice of dispute related to active duty military consumers.--With respect to an item of information described under subparagraph (A) that is under dispute, if the consumer to whom the item relates has notified the consumer reporting agency, and has provided appropriate proof, that the consumer was an active duty military consumer at the time the action or inaction that gave rise to the disputed item occurred, the consumer reporting agency shall-- ``(i) include such fact in the file of the consumer; and ``(ii) indicate such fact in each consumer report that includes the disputed item.''.

Military Families Credit Reporting Act This bill amends the Fair Credit Reporting Act with respect to an item of adverse information about an active duty military consumer. Declares that, if the action or inaction that gave rise to the item occurred while the consumer was an active duty military consumer, then: (1) the consumer may provide appropriate proof, including official orders, to a consumer reporting agency that the consumer was an active duty military consumer at the time the action or inaction occurred; and (2) any consumer report made by the agency including that item of information shall clearly and conspicuously disclose that the consumer was an active duty military consumer when the action or inaction that gave rise to the item occurred. Requires the Consumer Financial Protection Bureau to prepare and make publicly available a model form that allows a consumer to: (1) notify a consumer reporting agency that the consumer is an active duty military consumer, and (2) provide the consumer's contact information for communicating with the consumer while he or she is an active duty military consumer. Requires a consumer reporting agency to notify promptly an active duty military consumer whenever it receives an item of adverse information about him or her, along with a description of the item and the method by which the consumer can dispute the validity of the item. Requires an agency also to use any separate contact information an active duty military consumer has given it for all communications while the individual is an active duty military consumer. Declares the sense of Congress that any person making use of a consumer report containing an item of adverse information that occurred while the consumer was an active duty military consumer should take that fact into account when evaluating the consumer's creditworthiness. Requires a consumer reporting agency, with respect to an item of information under dispute by an active duty military consumer, to include in the consumer's file that he or she was an active duty military consumer at the time the action or inaction that gave rise to the disputed item occurred, and indicate this fact in each consumer report that includes the disputed item.

Military Families Credit Reporting Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bruce Vento Stand Down Act''. SEC. 2. FINDINGS, COMMENDATION, AND PURPOSE. (a) Findings.--The Congress finds that-- (1) veterans outreach activities known as ``Stand Down events'' have proven to be an effective form of outreach and a successful way to provide assistance to those veterans, frequently homeless, who have most often not otherwise used or availed themselves of existing service delivery functions; and (2) Stand Down events have been most effective when managed by a committee composed of representatives of the Department of Veterans Affairs, other agencies (Federal, State, or local), veteran service organizations, and homeless service providers and such shared leadership brings to this partnership access to diverse resources with which to carry out those events. (b) Sense of Congress Concerning Department of Defense Support.--It is the sense of Congress that the several branches of the Armed Forces and the National Guard-- (1) have provided valuable support and services to establish and maintain the delivery of services to veterans at Stand Down events; and (2) should continue to do so to the extent that their various missions, responsibilities, and roles permit. (c) Commendation of Veterans' Organizations.--Congress hereby-- (1) commends and recognizes national and local veterans' organizations, which have provided valuable support and services to veterans at Stand Down events and have been instrumental to the success of such events, for their outstanding contributions to those events; and (2) strongly encourages those organizations to continue to provide volunteers and resources for those events. (d) Purpose.--The purpose of this Act is to authorize the Secretary of Veterans Affairs-- (1) to provide assistance to meet the needs of all veterans at Stand Down events; and (2) to work with veterans service organizations and other not-for-profit organizations to determine the best means for organizing and carrying out Stand Down events. SEC. 3. DEPARTMENT OF VETERANS AFFAIRS AUTHORIZATION FOR STAND DOWN EVENTS. (a) In General.--(1) Subchapter VII of chapter 17 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 1775. Stand Down events ``(a) The Secretary may (directly or in conjunction with a governmental or other entity)-- ``(1) carry out Stand Down events; and ``(2) in connection with any Stand Down event, whether carried out by the Secretary or by another sponsoring entity-- ``(A) provide outreach services; ``(B) use or provide any property and resources of the Department that the Secretary determines are not otherwise reasonably needed by the Department; and ``(C) provide any other benefit or service of the Department that the Secretary considers appropriate. ``(b) For purposes of this section: ``(1) The term `Stand Down event' means an event to provide target veterans with one to three days of safety and security, access to assistance such as food, shelter, clothing, benefits certification, and health care, and any other form of assistance that the Secretary considers appropriate. ``(2) The term `target veteran' means a veteran who is without a home, unemployed, experiencing health or social adjustment challenges, or otherwise in need of assistance. ``(c) The Secretary shall establish and implement a pilot program under which the Secretary shall carry out (directly or in conjunction with a governmental or other entity) at least one Stand Down event in each State during each calendar year. The Secretary may carry out (or otherwise participate in) as many additional Stand Down events during any year as the Secretary determines to be needed. ``(d) Not later than February 1 of each year, the Secretary shall submit to the Congress a report containing-- ``(1) for the preceding year, a description of the implementation of the pilot program established under subsection (c); ``(2) the Secretary's recommendations, if any, for legislation regarding the pilot program; and ``(3) any other matter that the Secretary considers appropriate regarding Stand Down events.''. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``1775. Stand Down events.''. (b) Effective Dates.--(1) Subsection (c) of section 1775 of title 38, United States Code, as added by subsection (a), shall take effect beginning with 2002. (2) The first report under subsection (d) of such section shall be submitted not later than February 1, 2003.

Bruce Vento Stand Down Act - Expresses the sense of Congress that several branches of the Armed Forces and the National Guard have provided and should continue to provide valuable service in the delivery of services to veterans at Stand Down events (events to provide food, shelter, health care, benefit certification and other help to veterans in need of assistance). Commends veterans' organizations for their outstanding contributions to these events and encourages their continued efforts.Authorizes the Secretary of Veterans Affairs to provide outreach and other services as well as property and resources in support of these events. Requires the Secretary to establish a pilot program to conduct (alone or collaboratively) at least one Stand Down event in each State each year.

To amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to conduct veterans outreach programs known as Stand Down events and to establish a pilot program to provide for an annual Stand Down event in each State.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rare Diseases Act of 2002''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) Rare diseases and disorders are those which affect small patient populations, typically populations smaller than 200,000 individuals in the United States. Such diseases and conditions include Huntington's disease, amyotrophic lateral sclerosis (Lou Gehrig's disease), Tourette syndrome, Crohn's disease, cystic fibrosis, cystinosis, and Duchenne muscular dystrophy. (2) For many years, the 25,000,000 Americans suffering from the over 6,000 rare diseases and disorders were denied access to effective medicines because prescription drug manufacturers could rarely make a profit from marketing drugs for such small groups of patients. The prescription drug industry did not adequately fund research into such treatments. Despite the urgent health need for these medicines, they came to be known as ``orphan drugs'' because no companies would commercialize them. (3) During the 1970s, an organization called the National Organization for Rare Disorders (NORD) was founded to provide services and to lobby on behalf of patients with rare diseases and disorders. NORD was instrumental in pressing Congress for legislation to encourage the development of orphan drugs. (4) The Orphan Drug Act created financial incentives for the research and production of such orphan drugs. New Federal programs at the National Institutes of Health and the Food and Drug Administration encouraged clinical research and commercial product development for products that target rare diseases. An Orphan Products Board was established to promote the development of drugs and devices for rare diseases or disorders. (5) Before 1983, some 38 orphan drugs had been developed. Since the enactment of the Orphan Drug Act, more than 220 new orphan drugs have been approved and marketed in the United States and more than 800 additional drugs are in the research pipeline. (6) Despite the tremendous success of the Orphan Drug Act, rare diseases and disorders deserve greater emphasis in the national biomedical research enterprise. The Office of Rare Diseases at the National Institutes of Health was created in 1993, but lacks a statutory authorization. (7) The National Institutes of Health has received a substantial increase in research funding from Congress for the purpose of expanding the national investment of the United States in behavioral and biomedical research. (8) Notwithstanding such increases, funding for rare diseases and disorders at the National Institutes of Health has not increased appreciably. (9) To redress this oversight, the Department of Health and Human Services has proposed the establishment of a network of regional centers of excellence for research on rare diseases. (b) Purposes.--The purposes of this Act are to-- (1) amend the Public Health Service Act to establish an Office of Rare Diseases at the National Institutes of Health; and (2) increase the national investment in the development of diagnostics and treatments for patients with rare diseases and disorders. SEC. 3. NIH OFFICE OF RARE DISEASES AT NATIONAL INSTITUTES OF HEALTH. Title IV of the Public Health Service Act (42 U.S.C. 281 et seq.), as amended by Public Law 107-84, is amended by inserting after section 404E the following: ``office of rare diseases ``Sec. 404F. (a) Establishment.--There is established within the Office of the Director of NIH an office to be known as the Office of Rare Diseases (in this section referred to as the `Office'), which shall be headed by a Director (in this section referred to as the `Director'), appointed by the Director of NIH. ``(b) Duties.-- ``(1) In general.--The Director of the Office shall carry out the following: ``(A) The Director shall recommend an agenda for conducting and supporting research on rare diseases through the national research institutes and centers. The agenda shall provide for a broad range of research and education activities, including scientific workshops and symposia to identify research opportunities for rare diseases. ``(B) The Director shall, with respect to rare diseases, promote coordination and cooperation among the national research institutes and centers and entities whose research is supported by such institutes. ``(C) The Director, in collaboration with the directors of the other relevant institutes and centers of the National Institutes of Health, may enter into cooperative agreements with and make grants for regional centers of excellence on rare diseases in accordance with section 404G. ``(D) The Director shall promote the sufficient allocation of the resources of the National Institutes of Health for conducting and supporting research on rare diseases. ``(E) The Director shall promote and encourage the establishment of a centralized clearinghouse for rare and genetic disease information that will provide understandable information about these diseases to the public, medical professionals, patients and families. ``(F) The Director shall biennially prepare a report that describes the research and education activities on rare diseases being conducted or supported through the national research institutes and centers, and that identifies particular projects or types of projects that should in the future be conducted or supported by the national research institutes and centers or other entities in the field of research on rare diseases. ``(G) The Director shall prepare the NIH Director's annual report to Congress on rare disease research conducted by or supported through the national research institutes and centers. ``(2) Principal advisor regarding orphan diseases.--With respect to rare diseases, the Director shall serve as the principal advisor to the Director of NIH and shall provide advice to other relevant agencies. The Director shall provide liaison with national and international patient, health and scientific organizations concerned with rare diseases. ``(c) Definition.--For purposes of this section, the term `rare disease' means any disease or condition that affects less than 200,000 persons in the United States. ``(d) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as already have been appropriated for fiscal year 2002, and $4,000,000 for each of the fiscal years 2003 through 2006.''. SEC. 4. RARE DISEASE REGIONAL CENTERS OF EXCELLENCE. Title IV of the Public Health Service Act (42 U.S.C. 281 et seq.), as amended by section 3, is further amended by inserting after section 404F the following: ``rare disease regional centers of excellence ``Sec. 404G. (a) Cooperative Agreements and Grants.-- ``(1) In general.--The Director of the Office of Rare Diseases (in this section referred to as the `Director'), in collaboration with the directors of the other relevant institutes and centers of the National Institutes of Health, may enter into cooperative agreements with and make grants to public or private nonprofit entities to pay all or part of the cost of planning, establishing, or strengthening, and providing basic operating support for regional centers of excellence for clinical research into, training in, and demonstration of diagnostic, prevention, control, and treatment methods for rare diseases. ``(2) Policies.--A cooperative agreement or grant under paragraph (1) shall be entered into in accordance with policies established by the Director of NIH. ``(b) Coordination With Other Institutes.--The Director shall coordinate the activities under this section with similar activities conducted by other national research institutes, centers and agencies of the National Institutes of Health and by the Food and Drug Administration to the extent that such institutes, centers and agencies have responsibilities that are related to rare diseases. ``(c) Uses for Federal Payments Under Cooperative Agreements or Grants.--Federal payments made under a cooperative agreement or grant under subsection (a) may be used for-- ``(1) staffing, administrative, and other basic operating costs, including such patient care costs as are required for research; ``(2) clinical training, including training for allied health professionals, continuing education for health professionals and allied health professions personnel, and information programs for the public with respect to rare diseases; and ``(3) clinical research and demonstration programs. ``(d) Period of Support; Additional Periods.--Support of a center under subsection (a) may be for a period of not to exceed 5 years. Such period may be extended by the Director for additional periods of not more than 5 years if the operations of such center have been reviewed by an appropriate technical and scientific peer review group established by the Director and if such group has recommended to the Director that such period should be extended. ``(e) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as already have been appropriated for fiscal year 2002, and $20,000,000 for each of the fiscal years 2003 through 2006.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Rare Diseases Act of 2002 - Amends the Pubic Health Service Act to: (1) establish an Office of Rare Diseases at the National Institutes of Health; and (2) provide for rare disease regional centers of excellence. Sets forth the duties of such Office and regional centers, including research and educational duties. Defines rare disease as any disease or condition affecting fewer than 200,000 persons in the United States. Authorizes appropriations for FY 2003 through 2006.

To amend the Public Health Service Act to establish an Office of Rare Diseases at the National Institutes of Health, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Harbor Fairness Act of 2011''. SEC. 2. ASSESSMENT OF DREDGING NEEDS. Section 210 of the Water Resources Development Act of 1986 (33 U.S.C. 2238) is amended by adding at the end the following: ``(c) Assessment of Operation and Maintenance Needs.-- ``(1) In general.--Not later than 90 days after the date of enactment of this subsection, and biennially thereafter, the Secretary shall assess the total operation and maintenance needs of the harbors referred to in subsection (a)(2), including harbors used-- ``(A) for commercial navigation; ``(B) for commercial fishing; ``(C) for subsistence, including harbors utilized by Indian tribes (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)) for subsistence and ceremonial purposes; ``(D) as harbors of refuge; ``(E) for transportation of persons; ``(F) in relation to domestic energy production, including harbors related to the fabrication, servicing, or supply of domestic offshore energy production facilities; ``(G) by the Secretary of the department in which the Coast Guard is operating; ``(H) for recreation purposes; and ``(I) for any other authorized purpose. ``(2) Report to congress.--In conjunction with the transmittal by the President of the budget of the United States for fiscal year 2013, and biennially thereafter, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that, with respect to commercial navigation projects for the harbors referred to in subsection (a)(2)-- ``(A) identifies the operation and maintenance costs associated with the projects, including those costs required to achieve and maintain the authorized length, width, and depth for the projects, on a project-by-project basis; ``(B) identifies the amount of funding requested in the President's budget for the operation and maintenance costs associated with the projects, on a project-by-project basis; ``(C) identifies the unmet operation and maintenance needs associated with the projects, on a project-by-project basis; and ``(D) identifies the harbors for which the President will allocate funding over next 5 fiscal years for operation and maintenance activities, on a project-by-project basis, including the amounts to be allocated for such purposes.''. SEC. 3. ALLOCATION AND EXPENDITURES FOR LOCAL HARBOR PROJECTS. Section 210 of the Water Resources Development Act of 1986 (33 U.S.C. 2238) is further amended by adding at the end the following: ``(d) Expenditures for Operation and Maintenance of Harbor Projects.-- ``(1) In general.--To the maximum extent practicable, the Secretary shall make expenditures to pay for operation and maintenance costs of the harbors referred to in subsection (a)(2), including expenditures of funds appropriated from the Harbor Maintenance Trust Fund, based on an equitable allocation of funds among all such harbors, regardless of the size or tonnage throughput of the harbor. ``(2) Criteria.--In determining the equitable allocation of funds under paragraph (1), the Secretary-- ``(A) shall utilize the information obtained in the assessment conducted under subsection (c); ``(B) shall consider the national and regional significance of harbor operation and maintenance; and ``(C) shall not make such allocation based solely on the tonnage transiting through a harbor. ``(3) Minimum allocation for moderate and low use waterways.--Notwithstanding the requirements of paragraph (1), in making expenditures described in paragraph (1) for each of fiscal years 2013 and 2014, the Secretary shall allocate not less than 40 percent of the total amount of the expenditures to pay for operation and maintenance costs of moderate and low use harbors, as identified by the Secretary. ``(4) Emergency expenditures.--Nothing in this subsection shall prohibit the Secretary from making an expenditure to pay for the operation and maintenance costs of a specific harbor, including the transfer of funding from the operation and maintenance of a separate project, if-- ``(A) the Secretary determines that such action is necessary to address the navigation needs of a harbor where safe navigation has been severely restricted due to an unforeseen event; and ``(B) the Secretary provides advance notice and information on the need for such a determination to the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives and the Committee on Environment and Public Works and the Committee on Appropriations of the Senate.''.

Harbor Fairness Act of 2011 - Amends the Water Resources Development Act of 1986 to direct the Secretary of the Army to assess the total operation and maintenance needs of all harbors and inland harbors within the United States, including harbors used: (1) for commercial navigation, (2) for commercial fishing, (3) for subsistence, (4) as harbors of refuge, (5) for transportation of persons, (6) in relation to domestic energy production, (7) by the Secretary of the department in which the Coast Guard is operating, and (8) for recreation purposes. Directs the Secretary, in conjunction with transmittal of the President's FY2013 budget and biennially thereafter, to submit to specified congressional committees a report on commercial navigation projects for such harbors that identifies: (1) the operation and maintenance costs associated with the projects; (2) the amount of funding requested in the President's budget for such costs on a project-by-project basis; (3) the unmet operation and maintenance needs associated with such projects; and (4) the harbors for which the President will allocate funding over the next five fiscal years for operation and maintenance activities on a project-by-project basis. Directs the Secretary: (1) to make expenditures to pay for harbor operation and maintenance costs based on an equitable allocation of funds among all such harbors, regardless of the size or tonnage throughput of the harbor; and (2) to allocate not less than 40% of the total expenditures in FY2013 and FY2014 to pay for operation and maintenance costs of moderate and low use harbors. Permits the Secretary, notwithstanding such requirements, to make an expenditure to pay for such costs of a specific harbor if the Secretary: (1) determines that such action is necessary to address the navigation needs of a harbor where safe navigation has been severely restricted due to an unforeseen event, and (2) provides advance notice on the need for such a determination to Congress.

To amend the Water Resources Development Act of 1986 to ensure that annual expenditures from the Harbor Maintenance Trust Fund to pay for operation and maintenance costs are allocated equitably among eligible harbor projects, and for other purposes.

SECTION 1. SHORT TITLE; FINDINGS; PURPOSES. (a) Short Title.--This Act may be cited as the ``Clarify Workers Misclassification in the Construction Industry Act''. (b) Findings.--Congress makes the following findings: (1) Worker misclassification in the construction industry has reached epidemic proportions. Studies from California, Tennessee, Florida, Texas, New Jersey, and other States detail hundreds of millions of dollars in lost employment and income taxes because of improper classification of workers for taxation in the construction industry. New Jersey revenue collection officials have indicated that $535 million in taxes in the State are lost due to worker misclassification. (2) Worker misclassification takes place at construction projects involving military bases, hospitals, universities, convention centers, and major hotels. (3) There is significant anecdotal evidence that a large number of workers in the construction industry are currently being misclassified as independent contractors in order to avoid tax withholding and other employer responsibilities, but the Internal Revenue Service is barred from issuing rules or guidance to reclassify these workers by section 530 of the Revenue Act of 1978. (4) Legitimate construction contractors are unable to compete with contractors who avoid employment and income taxes through misclassification. This creates competitive pressure on other contractors to also misclassify employees to remain competitive. States, leading contractors, and construction labor leaders agree that government action is needed to reverse this spiral. (5) According to the Internal Revenue Service, a dollar spent on tax enforcement typically yields an additional six dollars in revenue to the Treasury. This figure does not include revenue gained from deterring misclassification which would increase tax revenue significantly beyond the level projected. (c) Purposes.--The purposes of this Act are to increase efforts to identify and reduce misclassification, to prosecute tax evasion in the construction industry, and provide the Secretary of the Treasury the resources necessary to accomplish these objectives. SEC. 2. DIRECTIVES AND AUTHORITIES TO IMPROVE TAX COMPLIANCE IN THE CONSTRUCTION INDUSTRY. (a) Enforcement Actions.--The Secretary of the Treasury shall initiate an enforcement initiative aimed at increasing tax compliance in the construction industry. Measures taken to implement this initiative shall include: (1) Consultations with industry experts and leaders on the scope and priorities of this initiative, including the Secretary of Labor, State government officials, the General Accountability Office, leading private sector construction organizations, and labor organizations involved in the construction industry. (2) Targeted tax audits of major construction contractors that the Secretary finds reason to believe may not be in compliance with applicable Federal tax laws. (3) Civil and criminal tax enforcement actions under existing legal authorities. (4) Educational efforts aimed at entities in the construction industry to increase voluntary tax compliance. (b) Authority To Issue Guidance Clarifying Employment Status for Purposes of Employment Taxes.-- (1) In general.--Notwithstanding any other provision of law including section 530 of the Revenue Act of 1978, the Secretary shall promulgate rules and issue guidance to reclassify individuals who are not currently being treated as employees consistent with the proper classification of employees under common law standards within the construction industry. (2) Restriction to construction industry.--Any rules or guidance under paragraph (1) shall apply only with respect to services provided within the construction industry. (3) Effective date.--Any rules or guidance under paragraph (1) shall not take effect before the date which is 180 days after the date of the enactment of this Act. (c) Resources.--The Secretary shall reassign personnel and resources from other activities to carry out this Act. (d) Oversight and Review.-- (1) Annual reports by treasury.--The Secretary shall submit an annual written report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate regarding the implementation of this Act together with any recommendations for further action by Congress which would be consistent with the purposes of this Act. (2) Study and report by comptroller general.--The Comptroller General of the United States shall conduct a comprehensive study of the various forms of tax fraud, including employee misclassification, in the construction industry, efforts to combat such fraud, and recommendations for further action. Not later than June 30, 2017, the Comptroller General shall submit a written report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate detailing the results of such study. (e) Definitions.--For purposes of this section-- (1) Construction industry.--The term ``construction industry'' means all general contractors and operative builders primarily engaged in the remodeling, addition, or construction of residential, farm, industrial, commercial, or other buildings including wharves or other structures attached to land. (2) Secretary of the treasury.--The terms ``Secretary of the Treasury'' and ``Secretary'' mean the Secretary of the Treasury or the Secretary's designee. (f) Termination.--This section, and any rules promulgated or guidance issued under subsection (b), shall cease to have any force or effect after September 30, 2021.

Clarify Workers Misclassification in the Construction Industry Act This bill requires the Department of the Treasury to initiate an enforcement initiative to increase tax compliance in the construction industry. The initiative must include: consultations with industry experts and leaders on its scope and priorities, targeted tax audits of major construction contractors that may not be in compliance with federal tax laws, civil and criminal tax enforcement actions under existing authorities, and educational efforts aimed at increasing voluntary tax compliance in the construction industry. Treasury must promulgate rules and issue guidance to reclassify individuals who are not currently being treated as employees consistent with the proper classification of employees under common law standards within the construction industry. In implementing this bill, Treasury must: (1) reassign personnel and resources from other activities to carry out this bill, and (2) report to Congress on the implementation and recommendations for further congressional action. The Government Accountability Office must study the various forms of tax fraud (including employee misclassification) in the construction industry, efforts to combat fraud, and recommendations for further action.

Clarify Workers Misclassification in the Construction Industry Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Facilitating Access to Speedy Transmissions for Networks, E-commerce and Telecommunications (FASTNET) Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) The Telecommunications Act of 1996 was enacted to foster the rapid deployment of advanced telecommunications and information technologies and services to all Americans by promoting competition and reducing regulation in telecommunications markets nationwide. (2) The Telecommunications Act of 1966 specifically recognized the unique abilities and circumstances of local exchange carriers with fewer than two percent of the Nation's subscriber lines installed in the aggregate nationwide. (3) Given the markets two percent carriers typically serve, such carriers are uniquely positioned to accelerate the deployment of advanced services and competitive initiatives for the benefit of consumers in less densely populated regions of the Nation. (4) Existing regulations are typically tailored to the circumstances of larger carriers and therefore often impose disproportionate burdens on two percent carriers, impeding such carriers' deployment of advanced telecommunications services and competitive initiatives to consumers in less densely populated regions of the Nation. (5) Reducing regulatory burdens on two percent carriers will enable such carriers to devote additional resources to the deployment of advanced services and to competitive initiatives to benefit consumers in less densely populated regions of the Nation. (6) Reducing regulatory burdens on two percent carriers will increase such carriers' ability to respond to marketplace conditions, allowing them to accelerate deployment of advanced services and competitive initiatives to benefit consumers in less densely populated regions of the Nation. (b) Purposes.--The purposes of this Act are-- (1) to accelerate the deployment of advanced services and the development of competition in the telecommunications industry for the benefit of consumers in all regions of the Nation, consistent with the Telecommunications Act of 1996, by reducing regulatory burdens on local exchange carriers with fewer than two percent of the Nation's subscriber lines installed in the aggregate nationwide; (2) to improve such carriers' flexibility to undertake such initiatives; and (3) to allow such carriers to redirect resources from paying the costs of such regulatory burdens to increasing investment in such initiatives. SEC. 3. DEFINITION. Section 3 of the Communications Act of 1934 (47 U.S.C. 153) is amended-- (1) by redesignating paragraphs (51) and (52) as paragraphs (52) and (53), respectively; and (2) by inserting after paragraph (50) the following: ``(51) Two percent carrier.--The term `two percent carrier' means an incumbent local exchange carrier within the meaning of section 251(h) whose access lines, when aggregated with the access lines of any local exchange carrier that such incumbent local exchange carrier directly or indirectly controls, is controlled by, or is under common control with, are fewer than two percent of the Nation's subscriber lines installed in the aggregate nationwide.''. SEC. 4. REGULATORY RELIEF FOR TWO PERCENT CARRIERS. Title II of the Communications Act of 1934 is amended by adding at the end thereof a new part IV as follows: ``PART IV--PROVISIONS CONCERNING TWO PERCENT CARRIERS ``SEC. 281. REDUCED REGULATORY REQUIREMENTS FOR TWO PERCENT CARRIERS. ``(a) Commission To Take Into Account Differences.--In adopting rules that apply to incumbent local exchange carriers (within the meaning of section 251(h)), the Commission shall separately evaluate the burden that any proposed regulatory, compliance, or reporting requirements would have on two percent carriers. ``(b) Effect of Commission's Failure To Take Into Account Differences.--If the Commission adopts a rule that applies to incumbent local exchange carriers and fails to separately evaluate the burden that any proposed regulatory, compliance, or reporting requirement would have on two percent carriers, the Commission shall not enforce the rule against two percent carriers unless and until the Commission performs such separate evaluation. ``(c) Additional Review Not Required.--Nothing in this section shall be construed to require the Commission to conduct a separate evaluation under subsection (a) if the rules adopted do not apply to two percent carriers, or such carriers are exempted from such rules. ``(d) Savings Clause.--Nothing in this section shall be construed to prohibit any size-based differentiation among carriers mandated by this Act, chapter 6 of title 5, United State Code, the Commission's rules, or any other provision of law. ``(e) Effective Date.--The provisions of this section shall apply with respect to any rule adopted on or after the date of enactment of this section. ``SEC. 282. LIMITATION OF REPORTING REQUIREMENTS. ``(a) Limitation.--The Commission shall not require a two percent carrier-- ``(1) to file cost allocation manuals or to have such manuals audited or attested, but a two percent carrier that qualifies as a class A carrier shall annually certify to the Commission that the two percent carrier's cost allocation complies with the rules of the Commission; or ``(2) to file Automated Reporting and Management Information Systems (ARMIS) reports, except for purposes of section 224. ``(b) Preservation of Authority.--Except as provided in subsection (a), nothing in this Act limits the authority of the Commission to obtain access to information under sections 211, 213, 215, 218, and 220 with respect to two percent carriers. ``SEC. 283. INTEGRATED OPERATION OF TWO PERCENT CARRIERS. ``The Commission shall not require any two percent carrier to establish or maintain a separate affiliate to provide any common carrier or noncommon carrier services, including local and interexchange services, commercial mobile radio services, advanced services (within the meaning of section 706 of the Telecommunications Act of 1996), paging, Internet, information services or other enhanced services, or other services. The Commission shall not require any two percent carrier and its affiliates to maintain separate officers, directors, or other personnel, network facilities, buildings, research and development departments, books of account, financing, marketing, provisioning, or other operations. ``SEC. 284. PARTICIPATION IN TARIFF POOLS AND PRICE CAP REGULATION. ``(a) NECA Pool.--The participation or withdrawal from participation by a two percent carrier of one or more study areas in the common line tariff administered and filed by the National Exchange Carrier Association or any successor tariff or administrator shall not obligate such carrier to participate or withdraw from participation in such tariff for any other study area. The Commission may require a two percent carrier to give 60 days notice of its intent to participate or withdraw from participation in such common line tariff with respect to a study area. Except as permitted by section 310(f)(3), a two percent carrier's election under this subsection shall be binding for one year from the date of the election. ``(b) Price Cap Regulation.--A two percent carrier may elect to be regulated by the Commission under price cap rate regulation, or elect to withdraw from such regulation, for one or more of its study areas. The Commission shall not require a carrier making an election under this subsection with respect to any study area or areas to make the same election for any other study area. Except as permitted by section 310(f)(3), a two percent carrier's election under this subsection shall be binding for one year from the date of the election. ``SEC. 285. DEPLOYMENT OF NEW TELECOMMUNICATIONS SERVICES BY TWO PERCENT COMPANIES. ``(a) One-Day Notice of Deployment.--The Commission shall permit two percent carriers to introduce new interstate telecommunications services by filing a tariff on one day's notice showing the charges, classifications, regulations, and practices therefor, without obtaining a waiver, or make any other showing before the Commission in advance of the tariff filing. The Commission shall not have authority to approve or disapprove the rate structure for such services shown in such tariff. ``(b) Definition.--For purposes of subsection (a), the term `new interstate telecommunications service' means a class or subclass of service not previously offered by the two percent carrier that enlarges the range of service options available to ratepayers of such carrier. ``SEC. 286. ENTRY OF COMPETING CARRIER. ``(a) Pricing Flexibility.--Notwithstanding any other provision of this Act, any two percent carrier shall be permitted to de-average its interstate switched or special access rates, file tariffs on one day's notice, and file contract-based tariffs for interstate switched or special access services immediately upon certifying to the Commission that a telecommunications carrier unaffiliated with such carrier is engaged in facilities-based entry within such carrier's service area. A two percent carrier subject to rate-of-return regulation with respect to an interstate switched or special access service, for which pricing flexibility has been exercised pursuant to this subsection, shall compute its interstate rate of return based on the nondiscounted rate for such service. ``(b) Streamlined Pricing Regulation.--Notwithstanding any other provision of this Act, upon receipt by the Commission of a certification by a two percent carrier that-- ``(1) a local exchange carrier, or its affiliate, or ``(2) a local exchange carrier operated by, or owned in whole or part by, a governmental authority, is engaged in facilities-based entry within the two percent carrier's service area, the Commission shall regulate the two percent carrier as non-dominant and shall not require the tariffing of the interstate service offerings of the two percent carrier. ``(c) Participation in Exchange Carrier Association Tariff.--A two percent carrier that meets the requirements of subsection (a) or (b) of this section with respect to one or more study areas shall be permitted to participate in the common line tariff administered and filed by the National Exchange Carrier Association or any successor tariff or administrator, by electing to include one or more of its study areas in such tariff. ``(d) Definitions.--For purposes of this section: ``(1) Facilities-based entry.--The term `facilities-based entry' means, within the service area of a two percent carrier-- ``(A) the provision or procurement of local telephone exchange switching or its equivalent; and ``(B) the provision of telephone exchange service to at least one unaffiliated customer. ``(2) Contract-based tariff.--The term `contract-based tariff' shall mean a tariff based on a service contract entered into between a two percent carrier and one or more customers of such carrier. Such tariff shall include-- ``(A) the term of the contract, including any renewal options; ``(B) a brief description of each of the services provided under the contract; ``(C) minimum volume commitments for each service, if any; ``(D) the contract price for each service or services at the volume levels committed to by the customer or customers; ``(E) a brief description of any volume discounts built into the contract rate structure; and ``(F) a general description of any other classifications, practices, and regulations affecting the contract rate. ``(3) Service area.--The term `service area' has the same meaning as in section 214(e)(5). ``SEC. 287. SAVINGS PROVISIONS. ``(a) Commission Authority.--Nothing in this part shall be construed to restrict the authority of the Commission under sections 201 through 208. ``(b) Rural Telephone Company Rights.--Nothing in this part shall be construed to diminish the rights of rural telephone companies otherwise accorded by this Act, or the rules, policies, procedures, guidelines, and standards of the Commission as of the date of enactment of this section. ``(c) State Authority.--Nothing in this part shall be construed to limit or affect any authority (as of August 1, 2001) of the States over charges, classifications, practices, services, facilities, or regulations for or in connection with intrastate communications service by wire or radio of any carrier.''. SEC. 5. LIMITATION ON MERGER REVIEW. (a) Amendment.--Section 310 of the Communications Act of 1934 (47 U.S.C. 310) is amended by adding at the end the following: ``(f) Deadline for Making Public Interest Determination.-- ``(1) Time limit.--In connection with any merger between two percent carriers, or the acquisition, directly or indirectly, by a two percent carrier or its affiliate of securities or assets of another carrier or its affiliate, if the merged or acquiring carrier remains a two percent carrier after the merger or acquisition, the Commission shall make any determinations required by this section and section 214, and shall rule on any petition for waiver of the Commission's rules or other request related to such determinations, not later than 60 days after the date an application with respect to such merger or acquisition is submitted to the Commission. ``(2) Approval absent action.--If the Commission does not approve or deny an application as described in paragraph (1) by the end of the period specified, the application shall be deemed approved on the day after the end of such period. Any such application deemed approved under this subsection shall be deemed approved without conditions. ``(3) Election permitted.--The Commission shall permit a two percent carrier to make an election pursuant to section 284 with respect to any local exchange facilities acquired as a result of a merger or acquisition that is subject to the review deadline established in paragraph (1) of this subsection.''. (b) Effective Date.--The provisions of this section shall apply with respect to any application that is submitted to the Commission on or after the date of enactment of this Act. Applications pending with the Commission on the date of enactment of this Act shall be subject to the requirements of this section as if they had been filed with the Commission on the date of enactment of this Act. SEC. 6. TIME LIMITS FOR ACTION ON PETITIONS FOR RECONSIDERATION OR WAIVER. (a) Amendment.--Section 405 of the Communications Act of 1934 (47 U.S.C. 405) is amended by adding to the end the following: ``(c) Expedited Action Required.-- ``(1) Time limit.--Within 90 days after receiving from a two percent carrier a petition for reconsideration or other review filed under this section or a petition for waiver of a rule, policy, or other Commission requirement, the Commission shall issue an order granting or denying such petition. If the Commission fails to act on a petition for waiver subject to the requirements of this section within this 90-day period, the relief sought in such petition shall be deemed granted. If the Commission fails to act on a petition for reconsideration or other review subject to the requirements of this section within such 90-day period, the Commission's enforcement of any rule the reconsideration or other review of which was specifically sought by the petitioning party shall be stayed with respect to that party until the Commission issues an order granting or denying such petition. ``(2) Finality of action.--Any order issued under paragraph (1), or any grant of a petition for waiver that is deemed to occur as a result of the Commission's failure to act under paragraph (1), shall be a final order and may be appealed.''. (b) Effective Date.--The provisions of this section shall apply with respect to any petition for reconsideration or other review or petition for waiver that is submitted to the Commission on or after the date of enactment of this Act. Petitions for reconsideration or petitions for waiver pending with the Commission on the date of enactment of this Act shall be subject to the requirements of this section as if they had been filed on the date of enactment of this Act. SEC. 7. NATIONAL SECURITY AND LAW ENFORCEMENT EXCEPTIONS. Notwithstanding sections 310 and 405 of the Communications Act of 1934 (47 U.S.C. 310 and 405), the 60-day time period under section 310(f)(1) of that Act, as added by section 5 of this Act, and the 90- day time period under section 405(c)(1) of that Act, as added by section 6 of this Act, shall not apply to a petition or application under section 310 or 405 if an Executive Branch agency with cognizance over national security, law enforcement, or public safety matters, including the Department of Defense, Department of Justice, and the Federal Bureau of Investigation, submits a written filing to the Federal Communications Commission advising the Commission that the petition or application may present national security, law enforcement, or public safety concerns that may not be resolved within the 60-day or 90-day time period, respectively.

Facilitating Access to Speedy Transmissions for Networks, E-commerce and Telecommunications (FASTNET) Act - Amends the Communications Act of 1934 to define a "two percent carrier" (carrier) as an incumbent local exchange carrier whose access lines, when combined with the access lines of any other carrier that such carrier controls, are fewer than two percent of the subscriber lines installed in the aggregate nationwide.Directs the Federal Communications Commission (FCC), in adopting rules that apply to such carriers, to separately evaluate the burden that any proposed regulatory, compliance, or reporting requirements would have on such carriers. Prohibits the FCC from requiring such carriers to: (1) file cost allocation manuals or Automated Reporting and Management Information Systems reports; or (2) establish or maintain a separate affiliate to provide any common carrier or noncommon carrier services.Limits carrier participation in tariff pools and price cap regulation.Requires the FCC to permit such carriers to introduce new interstate telecommunications services by filing a tariff on one day's notice.Allows such carriers to de-average its interstate switched or special access rates, file tariffs on one day's notice, and file contract-based tariffs for switched or special access services upon certifying that a telecommunications carrier unaffiliated with such carrier is engaged in facilities-based entry within such carrier's service area. Limits FCC carrier merger review authority. Provides time limits for FCC action on petitions for reconsideration or waiver of a rule, policy, or requirement.

A bill to amend the Communications Act of 1934 to promote deployment of advanced services and foster the development of competition for the benefit of consumers in all regions of the Nation by relieving unnecessary burdens on the Nation's two percent local exchange telecommunications carriers, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Higher Education for Freedom Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) Given the increased threat to American ideals in the trying times in which we live, it is important to preserve and defend our common heritage of freedom and civilization and to ensure that future generations of Americans understand the importance of traditional American history and the principles of free government on which this Nation was founded in order to provide the basic knowledge that is essential to full and informed participation in civic life and to the larger vibrancy of the American experiment in self-government, binding together a diverse people into a single Nation with a common purpose. (2) However, despite its importance, most of the Nation's colleges and universities no longer require United States history or systematic study of Western civilization and free institutions as a prerequisite to graduation. (3) In addition, too many of our Nation's elementary and secondary school history teachers lack the training necessary to effectively teach these subjects, due largely to the inadequacy of their teacher preparation. (4) Distinguished historians and intellectuals fear that without a common civic memory and a common understanding of the remarkable individuals, events, and ideals that have shaped our Nation and its free institutions, the people in the United States risk losing much of what it means to be an American, as well as the ability to fulfill the fundamental responsibilities of citizens in a democracy. (b) Purposes.--The purposes of this Act are to promote and sustain postsecondary academic centers, institutes, and programs that offer undergraduate and graduate courses, support research, sponsor lectures, seminars, and conferences, and develop teaching materials, for the purpose of developing and imparting a knowledge of traditional American history, the American founding, and the history and nature of, and threats to, free institutions, or of the nature, history and achievements of western civilization, particularly for-- (1) undergraduate students who are enrolled in teacher education programs, who may consider becoming school teachers, or who wish to enhance their civic competence; (2) elementary, middle, and secondary school teachers in need of additional training in order to effectively teach in these subject areas; and (3) graduate students and postsecondary faculty who wish to teach about these subject areas with greater knowledge and effectiveness. SEC. 3. DEFINITIONS. For purposes of this Act: (1) Eligible institution.--The term ``eligible institution'' means-- (A) an institution of higher education; (B) a specific program within an institution of higher education; and (C) a non-profit history or academic organization associated with higher education whose mission is consistent with the purposes of this Act. (2) Free institution.--The term ``free institution'' means an institution that emerged out of Western Civilization, such as democracy, constitutional government, individual rights, market economics, religious freedom and tolerance, and freedom of thought and inquiry. (3) Institution of higher education.--The term ``institution of higher education'' has the same meaning given that term under section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (4) Secretary.--The term ``Secretary'' means the Secretary of Education. (5) Traditional american history.--The term ``traditional American history'' means-- (A) the significant constitutional, political, intellectual, economic, and foreign policy trends and issues that have shaped the course of American history; and (B) the key episodes, turning points, and leading figures involved in the constitutional, political, intellectual, diplomatic, and economic history of the United States. SEC. 4. GRANTS TO ELIGIBLE INSTITUTIONS. (a) In General.--From amounts appropriated to carry out this act, the secretary shall award grants, on a competitive basis, to eligible institutions, which grants shall be used for-- (1) history teacher preparation initiatives, that-- (A) stress content mastery in traditional American history and the principles on which the American political system is based, including the history and philosophy of free institutions, and the study of Western civilization; and (B) provide for grantees to carry out research, planning, and coordination activities devoted to the purposes of this Act; and (2) strengthening postsecondary programs in fields related to the American founding, free institutions, and western civilization, particularly through-- (A) the design and implementation of courses, lecture series and symposia, the development and publication of instructional materials, and the development of new, and supporting of existing, academic centers; (B) research supporting the development of relevant course materials; (C) the support of faculty teaching in undergraduate and graduate programs; and (D) the support of graduate and postgraduate fellowships and courses for scholars related to such fields. (b) Selection Criteria.--In selecting eligible institutions for grants under this section for any fiscal year, the Secretary shall establish criteria by regulation, which shall, at a minimum, consider the education value and relevance of the institution's programming to carrying out the purposes of this Act and the expertise of key personnel in the area of traditional American history and the principles on which the American political system is based, including the political and intellectual history and philosophy of free institutions, the American Founding, and other key events that have contributed to American freedom, and the study of Western civilization. (c) Grant Application.--An eligible institution that desires to receive a grant under this Act shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may prescribe by regulation. (d) Grant Review.--The Secretary shall establish procedures for reviewing and evaluating grants made under this Act. (e) Grant Awards.-- (1) Maximum and minimum grants.--The Secretary shall award each grant under this Act in an amount that is not less than $400,000 and not more than $6,000,000. (2) Exception.--A subgrant made by an eligible institution under this Act to another eligible institution shall not be subject to the minimum amount specified in paragraph (1). (f) Multiple Awards.--For the purposes of this Act, the Secretary may award more than 1 grant to an eligible institution. (g) Subgrants.--An eligible institution may use grant funds provided under this Act to award subgrants to other eligible institutions at the discretion of, and subject to the oversight of, the Secretary. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. For the purpose of carrying out this Act, there are authorized to be appropriated-- (1) $140,000,000 for fiscal year 2008; and (2) such sums as may be necessary for each of the succeeding 5 fiscal years.

Higher Education for Freedom Act - Directs the Secretary of Education to make competitive grants to institutions of higher education and nonprofit history or academic organizations associated with higher education to prepare elementary, middle, and secondary school history teachers and to strengthen postsecondary programs in fields related to the founding of the United States, free institutions, and Western civilization.

To establish and strengthen postsecondary programs and courses in the subjects of traditional American history, free institutions, and Western civilization, available to students preparing to teach these subjects, and to other students.

TITLE I--LOW-POWER TELEVISION SEC. 101. SHORT TITLE. This title may be cited as the ``Digital Translator and Low-Power Television Transition Assistance Act''. SEC. 102. DEADLINE FOR CONVERSION OF TRANSLATOR STATIONS AND LOW-POWER ANALOG TELEVISION STATIONS. (a) Digital Transition Period.--Section 336(f)(4) of the Communications Act of 1934 (47 U.S.C. 336(f)(4)) is amended by striking ``such transition period.'' in the last sentence and inserting ``4 years after the date beyond which a television broadcast license may not be renewed under section 309(j)(14) of this Act.''. (b) Conforming Amendment.--Section 337(e)(1) of the Communications Act of 1934 (47 U.S.C. 337(e)(1)) is amended by striking ``on which the digital television service transition period terminates, as determined by the Commission.'' and inserting ``that is 4 years after the date beyond which a television broadcast license may not be renewed under section 309(j)(14) of this Act.''. SEC. 103. LOW-POWER DIGITAL TELEVISION TRANSITION. (a) Trust Fund.--There is established on the books of the Treasury a separate fund to be known as the ``Low-power Digital Television Transition Trust Fund'', which shall be administered by the Assistant Secretary of Commerce for Communications and Information. (b) Source of Funds.--Paragraph (8) of section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)) is amended-- (1) by inserting ``or subparagraph (D)'' in subparagraph (A) after ``subparagraph (B)''; and (2) by adding at the end the following new subparagraph: ``(D) Disposition of proceeds from auction of channels 52 through 69.--So much of the proceeds attributable to the auction of any eligible frequencies on the electromagnetic spectrum conducted after the date of enactment of the Low-Power Digital Television Transition Assistance Act as does not exceed $100,000,000, after the retention of revenues provided for in subparagraph (B), shall be deposited in the Low- power Digital Television Transition Trust Fund.''. (c) Grant Program.-- (1) In general.--The Assistant Secretary of Commerce for Communications and Information shall establish a program under which grants may be made by the National Telecommunications and Information Administration to eligible licensees of qualifying low-power television stations under section 336 of the Communications Act of 1934, State and local governments, and community organizations for the purpose of-- (A) upgrading low-power television translator stations from analog to digital in eligible rural communities (as defined in section 601(b)(2) of the Rural Electrification Act of 1936 (7 U.S.C. 950bb(b)(2)) and other areas served by low-power television broadcast stations; and (B) extending digital television broadcast signals to unserved households (as defined section 119(d)(10) of title 17, United States Code) located in such eligible rural communities and other areas. (2) Applications and conditions.--In conducting the program, the Assistant Secretary-- (A) shall establish a notification and application procedure; (B) may establish such conditions, and require such assurances, as may be appropriate to ensure the efficiency and integrity of the grant program; and (C) may make grants under the program on a matching or nonmatching basis. (3) Eligible licensees.--In this subsection, the term ``eligible licensee'' means the licensee or permittee of a low- power television station licensee or low-power television translator station as such terms as used in sections 336 and 337 of the Communications Act of 1934 (47 U.S.C. 336 and 337)). (4) Reversion of unused funds.--Any unobligated amounts in the Low-power Digital Television Transition Fund remaining after the date on which the low-power digital television service transition period (as defined in section 336(i)(3) of the Communications Act of 1934) shall revert to and be deposited in the general fund of the Treasury. SEC. 104. FCC STATUS REPORT ON LOW-POWER TELEVISION AND TELEVISION TRANSLATOR STATIONS. Within 6 months after the date of enactment of this Act, the Federal Communications Commission shall transmit to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce and report and recommendations on the status of low-power television stations and low- power television translator stations. TITLE II--INTERNATIONAL COORDINATION SEC. 201. INTERNATIONAL COORDINATION STUDY. Beginning February 1, 2006, and ending when international coordination with Canada and Mexico of the DTV table of allotments is complete, the Federal Communications Commission shall submit reports every 6 months on the status of that international coordination to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce. D23/

Digital Translator and Low-Power Television Transition Assistance Act - Amends the Communications Act of 1934 to extend the deadline for conversion of translator stations and low-power analog television stations to advanced (digital) television services from the current transition period ending on December 31, 2006, to the period ending four years thereafter. Establishes in the Treasury the Low-Power Digital Television Transition Trust Fund, funded by proceeds from the federal auction of certain electromagnetic spectrum frequencies, for the making of grants to licensees of low-power television stations, state and local governments, and community organizations to: (1) upgrade low-power television translator stations from analog to digital in eligible rural communities and other areas served by low-power television stations; and (2) extend digital television broadcast signals to unserved households located in such communities and areas. Requires a report from the Federal Communications Commission to specified congressional committees on the status of low-power television and translator stations. Directs the FCC to report semiannually to such committees on the status of international cooperation with Canada and Mexico with respect to the Digital Television table of allotments.

A bill to amend the Communications Act of 1934 to ensure full access to digital television in areas served by low-power television, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children of Military Service Members Commemorative Lapel Pin Act''. SEC. 2. DEPARTMENT OF DEFENSE RECOGNITION OF DEPENDENT CHILDREN OF MEMBERS OF THE ARMED FORCES. (a) Establishment and Presentation of Lapel Button.--Chapter 57 of title 10, United States Code, is amended by inserting after section 1126 the following new section: ``Sec. 1126a. Children of military service members commemorative lapel button: eligibility and presentation ``(a) Design and Eligibility.--A lapel button, to be known as the children of military service members commemorative lapel button, shall be designed, as approved by the Secretary of Defense, to identify and recognize an eligible child dependent of a member of the armed forces who serves on active duty for a period of more than 30 days. ``(b) Application and Presentation.--The Secretary of Defense shall establish an application process by which a member referred to in subsection (a) can request a children of military service members commemorative lapel button for the member's eligible child dependents. Upon processing of the application and payment of the fee required by subsection (c), the Secretary concerned shall present a children of military service members commemorative lapel button to eligible child dependents of a member. ``(c) Cost.--Presentation of a children of military service members commemorative lapel button is conditioned upon the payment of an amount sufficient to cover the cost of manufacture and distribution of the lapel button. ``(d) Limitation on Number of Buttons.--(1) Not more than one children of military service members commemorative lapel button may be presented to an eligible child dependent of a member, regardless of the number of times the member serves on active duty. ``(2) Notwithstanding paragraph (1), if a person is an eligible child dependent of more than one member, the eligible child dependent may receive a children of military service members commemorative lapel button on behalf of each member of whom the person is a dependent. ``(3) Notwithstanding paragraph (1), if a children of military service members commemorative lapel button presented under this section has been lost, destroyed, or rendered unfit for use without fault or neglect on the part of the eligible child dependent to whom it was furnished, the Secretary concerned may replace the lapel button upon application and payment of an amount sufficient to cover the cost of manufacture and presentation. ``(e) Eligible Child Dependent Defined.--The term `eligible child dependent' means a dependent of a member of the armed forces described in subparagraph (D) or (I) of section 1072(2) of this title. ``(f) Regulations.--The Secretary of Defense shall issue such regulations as may be necessary to carry out this section. The Secretary shall ensure that the regulations are uniform for each armed force to the extent practicable.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1126 the following new item: ``1126a. Children of military service members commemorative lapel button: eligibility and presentation.''. (c) Sense of Congress on Expedited Implementation.--It is the sense of Congress that the Secretary of Defense should take appropriate actions to expedite-- (1) the design and manufacture of the children of military service members commemorative lapel button authorized by section 1126a of title 10, United States Code, as added by subsection (a); and (2) the establishment and implementation of mechanisms to facilitate the issuance of the children of military service members commemorative lapel button. (d) Retroactive Availability of Children of Military Service Members Commemorative Lapel Button.-- (1) Availability.--The Secretary of Defense shall make the children of military service members commemorative lapel button authorized by section 1126a of title 10, United States Code, as added by subsection (a), available to any person who can prove to the satisfaction of the Secretary that the person satisfied, at any time before the date of the enactment of this Act, the definition contained in subsection (e) of such section 1126a of eligible child dependent of a member of the Armed Forces who served on active duty for a period of more than 30 days. (2) Application process.--The Secretary of Defense shall provide a mechanism by which a person eligible under paragraph (1), or a person acting on behalf of the person, may apply to the Secretary of Defense for a children of military service members commemorative lapel button. (3) Notification of certain members.--The Secretary of Defense shall notify members of the Armed Forces who served on active duty for a period of more than 30 days since September 11, 2001, of the availability of the children of military service members commemorative lapel button under this subsection. To the extent practicable, such notice shall be provided not later than 60 days after the date of the enactment of this Act. (4) Deadline for application.--Applications for a children of military service members commemorative lapel button under this subsection must be submitted to the Secretary of Defense not later than one year after the date on which the Secretary first announces, in the Federal Register and by such other means as the Secretary considers appropriate, the availability of the lapel button. (5) Costs, limitations, and exceptions.--Subsections (c) and (d) of section 1126a of title 10, United States Code, shall apply with respect to the presentation of a children of military service members commemorative lapel button under this subsection.

Children of Military Service Members Commemorative Lapel Pin Act - Requires a lapel button, to be known as the children of military service members commemorative lapel button, to be designed, as approved by the Secretary of Defense (DOD), to identify and recognize child dependents of members of the Armed Forces who serve on active duty for more than 30 days. Expresses the sense of Congress that the Secretary should expedite the design and manufacture of the button, as well as mechanisms to facilitate its issuance. Makes such button available retroactively to the child of any member satisfying such eligibility conditions before the enactment of this Act. Requires the Secretary to notify members with qualifying service since September 11, 2001, of the availability of the button.

To amend title 10, United States Code, to recognize the dependent children of members of the Armed Forces who are serving on active duty or who have served on active duty through the presentation of an official lapel button.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Guard and Reserves Reform Act for the 21st Century''. SEC. 2. ELIGIBILITY FOR RETIRED PAY FOR NON-REGULAR SERVICE. (a) Age and Service Requirements.--Subsection (a) of section 12731 of title 10, United States Code, is amended to read as follows: ``(a)(1) Except as provided in subsection (c), a person is entitled, upon application, to retired pay computed under section 12739 of this title, if the person-- ``(A) satisfies one of the combinations of requirements for minimum age and minimum number of years of service (computed under section 12732 of this title) that are specified in the table in paragraph (2); ``(B) performed the last six years of qualifying service while a member of any category named in section 12732(a)(1) of this title, but not while a member of a regular component, the Fleet Reserve, or the Fleet Marine Corps Reserve, except that in the case of a person who completed 20 years of service computed under section 12732 of this title before October 5, 1994, the number of years of qualifying service under this subparagraph shall be eight; and ``(C) is not entitled, under any other provision of law, to retired pay from an armed force or retainer pay as a member of the Fleet Reserve or the Fleet Marine Corps Reserve. ``(2) The combinations of minimum age and minimum years of service required of a person under subparagraph (A) of paragraph (1) for entitlement to retired pay as provided in such paragraph are as follows: ``Age, in years, is The minimum years of service at least: required for that age is: 53...................................................... 34 54...................................................... 32 55...................................................... 30 56...................................................... 28 57...................................................... 26 58...................................................... 24 59...................................................... 22 60...................................................... 20.''. (b) 20-Year Letter.--Subsection (d) of such section is amended by striking ``the years of service required for eligibility for retired pay under this chapter'' in the first sentence and inserting ``20 years of service computed under section 12732 of this title.''. (c) Effective Date.--This section and the amendments made by this subsection (a) shall take effect on the first day of the first month beginning on or after the date of the enactment of this Act and shall apply with respect to retired pay payable for that month and subsequent months. SEC. 2. EXPANDED ELIGIBILITY OF READY RESERVISTS FOR TRICARE. (a) Eligibility.--Chapter 55 of title 10, United States Code, is amended by inserting after section 1097b the following new section: ``Sec. 1097c. TRICARE program: Reserves not on active duty ``(a) Eligibility.--A member of the Selected Reserve of the Ready Reserve of the armed forces not otherwise eligible for enrollment in the TRICARE program under this chapter for the same benefits as a member of the armed forces eligible under section 1074(a) of this title may enroll for self or for self and family for the same benefits under this section. ``(b) Premiums.--(1) An enlisted member of the armed forces enrolled in the TRICARE program under this section shall pay an annual premium of $330 for self only coverage and $560 for self and family coverage for which enrolled under this section. ``(2) An officer of the armed forces enrolled in the TRICARE program under this section shall pay an annual premium of $380 for self only coverage and $610 for self and family coverage for which enrolled under this section.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1097b the following new item: ``1097c. Section 101 head.''. SEC. 3. CREDIT FOR EMPLOYMENT OF RESERVE COMPONENT PERSONNEL. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following new section: ``SEC. 45G. RESERVE COMPONENT EMPLOYMENT CREDIT. ``(a) General Rule.--For purposes of section 38, the reserve component employment credit determined under this section is an amount equal to the sum of-- ``(1) the employment credit with respect to all qualified employees of the taxpayer, plus ``(2) the self-employment credit of a qualified self- employed taxpayer. ``(b) Employment Credit.--For purposes of this section-- ``(1) In general.--The employment credit with respect to a qualified employee of the taxpayer for any taxable year is equal to the excess, if any, of-- ``(A) the qualified employee's average daily qualified compensation for the taxable year, over ``(B) the average daily military pay and allowances received by the qualified employee during the taxable year, while participating in qualified reserve component duty to the exclusion of the qualified employee's normal employment duties for the number of days the qualified employee participates in qualified reserve component duty during the taxable year, including time spent in a travel status. The employment credit, with respect to all qualified employees, is equal to the sum of the employment credits for each qualified employee under this subsection. ``(2) Average daily qualified compensation and average daily military pay and allowances.--As used with respect to a qualified employee-- ``(A) the term `average daily qualified compensation' means the qualified compensation of the qualified employee for the taxable year divided by the difference between-- ``(i) 365, and ``(ii) the number of days the qualified employee participates in qualified reserve component duty during the taxable year, including time spent in a travel status, and ``(B) the term `average daily military pay and allowances' means-- ``(i) the amount paid to the qualified employee during the taxable year as military pay and allowances on account of the qualified employee's participation in qualified reserve component duty, divided by ``(ii) the total number of days the qualified employee participates in qualified reserve component duty, including time spent in travel status. ``(3) Qualified compensation.--When used with respect to the compensation paid or that would have been paid to a qualified employee for any period during which the qualified employee participates in qualified reserve component duty, the term `qualified compensation' means-- ``(A) compensation which is normally contingent on the qualified employee's presence for work and which would be deductible from the taxpayer's gross income under section 162(a)(1) if the qualified employee were present and receiving such compensation, ``(B) compensation which is not characterized by the taxpayer as vacation or holiday pay, or as sick leave or pay, or as any other form of pay for a nonspecific leave of absence, and with respect to which the number of days the qualified employee participates in qualified reserve component duty does not result in any reduction in the amount of vacation time, sick leave, or other nonspecific leave previously credited to or earned by the qualified employee, and ``(C) group health plan costs (if any) with respect to the qualified employee. ``(4) Qualified employee.--The term `qualified employee' means a person who-- ``(A) has been an employee of the taxpayer for the 21-day period immediately preceding the period during which the employee participates in qualified reserve component duty, and ``(B) is a member of the Ready Reserve of a reserve component of an Armed Force of the United States as defined in sections 10142 and 10101 of title 10, United States Code. ``(c) Self-Employment Credit.-- ``(1) In general.--The self-employment credit of a qualified self-employed taxpayer for any taxable year is equal to the excess, if any, of-- ``(A) the self-employed taxpayer's average daily self-employment income for the taxable year over ``(B) the average daily military pay and allowances received by the taxpayer during the taxable year, while participating in qualified reserve component duty to the exclusion of the taxpayer's normal self-employment duties for the number of days the taxpayer participates in qualified reserve component duty during the taxable year, including time spent in a travel status. ``(2) Average daily self-employment income and average daily military pay and allowances.--As used with respect to a self-employed taxpayer-- ``(A) the term `average daily self-employment income' means the self-employment income (as defined in section 1402) of the taxpayer for the taxable year plus the amount paid for insurance which constitutes medical care for the taxpayer for such year (within the meaning of section 162(l)) divided by the difference between-- ``(i) 365, and ``(ii) the number of days the taxpayer participates in qualified reserve component duty during the taxable year, including time spent in a travel status, and ``(B) the term `average daily military pay and allowances' means-- ``(i) the amount paid to the taxpayer during the taxable year as military pay and allowances on account of the taxpayer's participation in qualified reserve component duty, divided by ``(ii) the total number of days the taxpayer participates in qualified reserve component duty, including time spent in travel status. ``(3) Qualified self-employed taxpayer.--The term `qualified self-employed taxpayer' means a taxpayer who-- ``(A) has net earnings from self-employment (as defined in section 1402) for the taxable year, and ``(B) is a member of the Ready Reserve of a reserve component of an Armed Force of the United States. ``(d) Credit in Addition to Deduction.--The employment credit provided in this section is in addition to any deduction otherwise allowable with respect to compensation actually paid to a qualified employee during any period the qualified employee participates in qualified reserve component duty to the exclusion of normal employment duties. ``(e) Limitations.-- ``(1) Maximum credit.-- ``(A) In general.--The credit allowed by subsection (a) for the taxable year shall not exceed $25,000 with respect to each qualified employee. ``(B) Controlled groups.--For purposes of applying the limitation in subparagraph (A)-- ``(i) all members of a controlled group shall be treated as one taxpayer, and ``(ii) such limitations shall be allocated among the members of such group in such manner as the Secretary may prescribe. For purposes of this subparagraph, all persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as members of a controlled group. ``(2) Disallowance for failure to comply with employment or reemployment rights of members of the reserve components of the armed forces of the united states.--No credit shall be allowed under subsection (a) to a taxpayer for-- ``(A) any taxable year in which the taxpayer is under a final order, judgment, or other process issued or required by a district court of the United States under section 4323 of title 38 of the United States Code with respect to a violation of chapter 43 of such title, and ``(B) the 2 succeeding taxable years. ``(3) Disallowance with respect to persons ordered to active duty for training.--No credit shall be allowed under subsection (a) to a taxpayer with respect to any period for which the person on whose behalf the credit would otherwise be allowable is called or ordered to active duty for any of the following types of duty: ``(A) active duty for training under any provision of title 10, United States Code, ``(B) training at encampments, maneuvers, outdoor target practice, or other exercises under chapter 5 of title 32, United States Code, or ``(C) full-time National Guard duty, as defined in section 101(d)(5) of title 10, United States Code. ``(f) General Definitions and Special Rules.-- ``(1) Military pay and allowances.--The term `military pay' means pay as that term is defined in section 101(21) of title 37, United States Code, and the term `allowances' means the allowances payable to a member of the Armed Forces of the United States under chapter 7 of that title. ``(2) Qualified reserve component duty.--The term `qualified reserve component duty' includes only active duty performed, as designated in the reservist's military orders, in support of a contingency operation as defined in section 101(a)(13) of title 10, United States Code. ``(3) Normal employment and self-employment duties.--A person shall be deemed to be participating in qualified reserve component duty to the exclusion of normal employment or self- employment duties if the person does not engage in or undertake any substantial activity related to the person's normal employment or self-employment duties while participating in qualified reserve component duty unless in an authorized leave status or other authorized absence from military duties. If a person engages in or undertakes any substantial activity related to the person's normal employment or self-employment duties at any time while participating in a period of qualified reserve component duty, unless during a period of authorized leave or other authorized absence from military duties, the person shall be deemed to have engaged in or undertaken such activity for the entire period of qualified reserve component duty. ``(4) Certain rules to apply.--Rules similar to the rules of subsections (c), (d), and (e) of section 52 shall apply for purposes of this section.''. (b) Conforming Amendment.--Section 38(b) of such Code (relating to general business credit) is amended-- (1) by striking ``plus'' at the end of paragraph (14), (2) by striking the period at the end of paragraph (15) and inserting ``, plus'', and (3) by adding at the end the following new paragraph: ``(16) the reserve component employment credit determined under section 45G(a).''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 45F the following new item: ``Sec. 45G. Reserve component employment credit.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2002.

National Guard and Reserves Reform Act for the 21st Century - Makes an individual eligible for retired pay for non-regular (reserve) military service if such individual: (1) satisfies one of specified combinations of minimum age (between 55 and 60) and years of service (between 20 and 30); (2) performed the last six years of qualifying service in currently authorized categories of military service, but not while a member of a regular component, the Fleet Reserve, or the Fleet Marine Corps Reserve; and (3) is not entitled to any other retirement pay from an armed force or as a member of the Fleet Reserves. Authorizes a member of the Selected Reserve to enroll for self or for self and family under the TRICARE program (a Department of Defense managed health care program).Amends the Internal Revenue Code to provide a reserve component employment credit equal to the sum of the employment credit with respect to all qualified employees of the taxpayer and the self-employment credit of a qualified self-employed taxpayer. Limits the credit to $25,000 for each qualified employee. Disallows the credit for failure to comply with reserve member employment or reemployment rights, or when a reserve member is called or ordered to active duty for training.

To amend title 10, United States Code, to revise the age and service requirements for eligibility to receive retired pay for non-regular service; to provide TRICARE eligibility for members of the Selected Reserve of the Ready Reserve and their families; to amend the Internal Revenue Code of 1986 to allow employers a credit against income tax with respect to employees who participate in the military reserve components and to allow a comparable credit for participating reserve component self-employed individuals, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``School Access to Emergency Epinephrine Act''. SEC. 2. FINDINGS. Congress finds the following: (1) According to research funded by the Food Allergy Initiative and conducted by Northwestern University and Children's Memorial Hospital, nearly 6,000,000 children in the United States have food allergies. (2) Anaphylaxis, or anaphylactic shock, is a systemic allergic reaction that can kill within minutes. (3) More than 15 percent of school-aged children with food allergies have had an allergic reaction in school. (4) Teenagers and young adults with food allergies are at the highest risk of fatal food-induced anaphylaxis. (5) Individuals with food allergies who also have asthma may be at increased risk for severe or fatal food allergy reactions. (6) Studies have shown that 25 percent of epinephrine administrations in schools involve individuals with a previously unknown allergy. (7) The National Institute of Allergy and Infectious Diseases (``NIAID'') has reported that delays in the administration of epinephrine to patients in anaphylaxis can result in rapid decline and death. NIAID recommends that epinephrine be given promptly to treat anaphylaxis. (8) Physicians can provide standing orders to furnish a school with epinephrine for injection, and several States have passed laws to authorize this practice. (9) The American Academy of Allergy, Asthma, and Immunology recommends that epinephrine injectors should be included in all emergency medical treatment kits in schools. (10) The American Academy of Pediatrics recommends that an anaphylaxis kit should be kept with medications in each school and made available to trained staff for administration in an emergency. (11) According to the Food Allergy and Anaphylaxis Network, there are no contraindications to the use of epinephrine for a life-threatening reaction. SEC. 3. PREFERENCE FOR STATES REGARDING ADMINISTRATION OF EPINEPHRINE BY SCHOOL PERSONNEL. Section 399L of the Public Health Service Act (42 U.S.C. 280g(d)) is amended-- (1) in subsection (a), by redesignating the second paragraph (2) and paragraph (3) as paragraphs (3) and (4), respectively; and (2) by striking subsection (d) and inserting the following: ``(d) Preference for States Regarding Medication To Treat Asthma and Anaphylaxis.-- ``(1) Preference.--The Secretary, in making any grant under this section or any other grant that is asthma-related (as determined by the Secretary) to a State, shall give preference to any State that satisfies each of the following requirements: ``(A) Self-administration of medication.-- ``(i) In general.--The State shall require that each public elementary school and secondary school in that State will grant to any student in the school an authorization for the self-administration of medication to treat that student's asthma or anaphylaxis, if-- ``(I) a health care practitioner prescribed the medication for use by the student during school hours and instructed the student in the correct and responsible use of the medication; ``(II) the student has demonstrated to the health care practitioner (or such practitioner's designee) and the school nurse (if available) the skill level necessary to use the medication and any device that is necessary to administer such medication as prescribed; ``(III) the health care practitioner formulates a written treatment plan for managing asthma or anaphylaxis episodes of the student and for medication use by the student during school hours; and ``(IV) the student's parent or guardian has completed and submitted to the school any written documentation required by the school, including the treatment plan formulated under subclause (III) and other documents related to liability. ``(ii) Scope.--An authorization granted under clause (i) shall allow the student involved to possess and use the student's medication-- ``(I) while in school; ``(II) while at a school-sponsored activity, such as a sporting event; and ``(III) in transit to or from school or school-sponsored activities. ``(iii) Duration of authorization.--An authorization granted under clause (i)-- ``(I) shall be effective only for the same school and school year for which it is granted; and ``(II) must be renewed by the parent or guardian each subsequent school year in accordance with this subsection. ``(iv) Backup medication.--The State shall require that backup medication, if provided by a student's parent or guardian, be kept at a student's school in a location to which the student has prompt access in the event of an asthma or anaphylaxis emergency. ``(v) Maintenance of information.--The State shall require that information described in clauses (i)(III) and (i)(IV) be kept on file at the student's school in a location easily accessible in the event of an asthma or anaphylaxis emergency. ``(vi) Rule of construction.--Nothing in this subparagraph creates a cause of action or in any other way increases or diminishes the liability of any person under any other law. ``(B) School personnel administration of epinephrine.-- ``(i) In general.--The State shall require that each public elementary school and secondary school in the State-- ``(I) permit authorized personnel to administer epinephrine to any student believed in good faith to be having an anaphylactic reaction; and ``(II) maintain in a secure and easily accessible location a supply of epinephrine that-- ``(aa) is prescribed under a standing protocol from a licensed physician; and ``(bb) is accessible to authorized personnel for administration to a student having an anaphylactic reaction. ``(ii) Liability and state law.-- ``(I) Good samaritan law.--The State shall have a State law ensuring that elementary school and secondary school employees and agents, including a physician providing a prescription for school epinephrine, will incur no liability related to the administration of epinephrine to any student believed in good faith to be having an anaphylactic reaction, except in the case of willful or wanton conduct. ``(II) State law.--Nothing in this subparagraph shall be construed to preempt State law, including any State law regarding whether students with allergy or asthma may possess and self- administer medication. ``(2) Definitions.--For purposes of this subsection: ``(A) The terms `elementary school' and `secondary school' have the meaning given to those terms in section 9101 of the Elementary and Secondary Education Act of 1965. ``(B) The term `health care practitioner' means a person authorized under law to prescribe drugs subject to section 503(b) of the Federal Food, Drug, and Cosmetic Act. ``(C) The term `medication' means a drug as that term is defined in section 201 of the Federal Food, Drug, and Cosmetic Act and includes inhaled bronchodilators and epinephrine. ``(D) The term `self-administration' means a student's discretionary use of his or her prescribed asthma or anaphylaxis medication, pursuant to a prescription or written direction from a health care practitioner. ``(E) The term `authorized personnel' means the school nurse or, if the school nurse is absent, an individual who has been designated by the school nurse and has received training in the administration of epinephrine.''.

School Access to Emergency Epinephrine Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS), in awarding grants to states under the children's asthma treatment grants program, to favor states that require their public elementary and secondary schools to: (1) permit authorized personnel to administer epinephrine to any student believed to be having an anaphylactic reaction, and (2) maintain a supply of epinephrine that is prescribed by a licensed physician and is stored in a secure and easily accessible location. (States given this preference are also required by current law to require those schools to authorize students, under certain conditions, to self-administer medication to treat their asthma or anaphylaxis.) Requires such states to also have a Good Samaritan law protecting school employees and agents from liability related to the administration of epinephrine to students believed, in good faith, to be having an anaphylactic reaction.

To provide States with incentives to require elementary schools and secondary schools to maintain, and permit school personnel to administer, epinephrine at schools.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Criminal Aliens Federal Responsibility Act of 1995''. SEC. 2. INCARCERATION OF CRIMINAL ALIENS BY OR AT THE EXPENSE OF THE FEDERAL GOVERNMENT. (a) Definition.--In this section, ``criminal alien who has been convicted of a felony and is incarcerated in a State or local correctional facility'' means an alien who-- (1)(A) is in the United States in violation of the immigration laws; or (B) is deportable or excludable under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.); and (2) has been convicted of a felony under State or local law and incarcerated in a correctional facility of the State or a subdivision of the State. (b) Federal Custody.--At the request of a State or political subdivision of a State, the Attorney General shall-- (1)(A) take custody of a criminal alien who has been convicted of a felony and is incarcerated in a State or local correctional facility; and (B) provide for the imprisonment of the criminal alien in a Federal prison in accordance with the sentence of the State court; or (2) enter into a contractual arrangement with the State or local government to compensate the State or local government for incarcerating alien criminals for the duration of their sentences. SEC. 3. EXPEDITING CRIMINAL ALIEN DEPORTATION AND EXCLUSION. (a) Convicted Defined.--Section 241(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1251(a)(2)) is amended by adding at the end the following new subparagraph: ``(E) Convicted defined.--In this paragraph, the term `convicted' means a judge or jury has found the alien guilty or the alien has entered a plea of guilty or nolo contendere, whether or not the alien appeals therefrom.''. (b) Deportation of Convicted Aliens.-- (1) Immediate deportation.--Section 242(h) of such Act (8 U.S.C. 1252(h)) is amended-- (A) by striking ``(h) An alien'' and inserting ``(h)(1) Subject to paragraph (2), an alien''; (B) by adding at the end the following new paragraph: ``(2) An alien sentenced to imprisonment may be deported prior to the termination of such imprisonment by the release of the alien from confinement, if the Service petitions the appropriate court or other entity with authority concerning the alien to release the alien into the custody of the Service for execution of an order of deportation.''. (2) Prohibition of reentry into the united states.--Section 212(a)(2) of such Act (8 U.S.C. 1182(a)(2)) is amended-- (A) by redesignating subparagraph (F) as subparagraph ``(G)''; and (B) by inserting after subparagraph (E) the following new subparagraph: ``(F) Aliens deported before serving minimum period of confinement.--An alien deported pursuant to section 242(h)(2) is excludable during the minimum period of confinement to which the alien was sentenced.''. (c) Execution of Deportation Orders.--Section 242(i) of such Act (8 U.S.C. 1252(i)) is amended by adding at the end the following: ``An order of deportation may not be executed until all direct appeals relating to the conviction which is the basis of the deportation order have been exhausted.''. SEC. 4. DETENTION OF ALIENS SUBJECT TO DEPORTATION ON CRIMINAL AND SECURITY GROUNDS PENDING DEPORTATION PROCEEDINGS. (a) Apprehension and Deportation of Aliens Subject to Deportation on Criminal or Security Grounds.--Section 242(a) of the Immigration and Nationality Act (8 U.S.C. 1252(a)) is amended-- (1) in the second sentence of paragraph (1) by striking ``paragraph (2),'' and inserting ``paragraphs (2) and (4),''; and (2) by adding at the end the following new paragraph: ``(4) Pending a determination of deportability in the case of any alien subject to deportation for criminal offenses or security and related grounds pursuant to paragraphs (2) and (4) of section 241(a), the Attorney General shall-- ``(A) upon warrant of the Attorney General, arrest and take into custody the alien pending a final determination of deportability; or ``(B) take the alien into custody upon release of the alien from incarceration (regardless of whether or not such release is on parole, supervised release, or probation, and regardless of the possibility of rearrest or further confinement in respect of the same offense) pending a final determination of deportability. Notwithstanding paragraph (1) or subsection (c) and (d), the Attorney General shall not release such alien from custody.''. (b) Mandatory Detention of Aggravated Felons Pending Determination of Deportability.--Section 242(a)(2) of such Act is further amended-- (1) by striking subparagraph (B); and (2) in subparagraph (A)-- (A) by striking ``(2)(A)'' and inserting ``(2)'', and (B) in the second sentence-- (i) by striking ``but subject to subparagraph (B)'', and (ii) by inserting before the period ``pending a final determination of deportability''. (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to aliens with respect to whom a deportation proceeding is initiated more than 60 days after the date of the enactment of this Act. SEC. 5. PRISONER TRANSFER TREATY PROGRAM. Not later than 90 days after the date of the enactment of this Act, the Attorney General shall submit to the Congress a report on ways to expand bilateral prisoner transfer treaties. Such report shall consider the feasibility of subsidizing the Government of Mexico for costs associated with the incarceration of Mexican nationals returned to Mexico pursuant to such a treaty and methods of verifying that prisoners transferred pursuant to such treaties are serving adequate terms of imprisonment upon transfer. SEC. 6. INTERIOR REPATRIATION PROGRAM. Not later than 90 days after the date of the enactment of this Act, in cooperation with the Government of Mexico the Attorney General shall implement a program of interior repatriation of criminal aliens who are deported or voluntarily repatriated to Mexico. SEC. 7. INS CLEARINGHOUSE CONCERNING CRIMINAL ALIENS. Not later than 90 days after the date of the enactment of this Act, the Immigration and Naturalization Service shall develop a uniform and sound methodology for collecting information concerning criminal aliens incarcerated in local and State jails, including the number of such aliens.

Criminal Aliens Federal Responsibility Act of 1995 - Requires the Federal Government to incarcerate or to reimburse State and local governments for the cost of incarcerating specified criminal aliens. Amends the Immigration and Nationality Act to provide for: (1) expedited deportation and exclusion of criminal aliens; and (2) detention of aliens subject to deportation on criminal or security grounds pending deportation proceedings. Directs the Attorney General to: (1) report on ways to expand bilateral prisoner transfer treaties, including related assistance to Mexico; and (2) implement an interior repatriation program in cooperation with Mexico. Directs the Immigration and Naturalization Service to develop an information clearinghouse regarding incarcerated criminal aliens.

Criminal Aliens Federal Responsibility Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Champlain Valley National Heritage Partnership Act of 2003''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the Champlain Valley and its extensive cultural and natural resources have played a significant role in the history of the United States and the individual States of Vermont and New York; (2) archaeological evidence indicates that the Champlain Valley has been inhabited by humans since the last retreat of the glaciers, with the Native Americans living in the area at the time of European discovery being primarily of Iroquois and Algonquin descent; (3) the linked waterways of the Champlain Valley, including the Richelieu River in Canada, played a unique and significant role in the establishment and development of the United States and Canada through several distinct eras, including-- (A) the era of European exploration, during which Samuel de Champlain and other explorers used the waterways as a means of access through the wilderness; (B) the era of military campaigns, including highly significant military campaigns of the French and Indian War, the American Revolution, and the War of 1812; and (C) the era of maritime commerce, during which canals boats, schooners, and steamships formed the backbone of commercial transportation for the region; (4) those unique and significant eras are best described by the theme ``The Making of Nations and Corridors of Commerce''; (5) the artifacts and structures associated with those eras are unusually well-preserved; (6) the Champlain Valley is recognized as having one of the richest collections of historical resources in North America; (7) the history and cultural heritage of the Champlain Valley are shared with Canada and the Province of Quebec; (8) there are benefits in celebrating and promoting this mutual heritage; (9) tourism is among the most important industries in the Champlain Valley, and heritage tourism in particular plays a significant role in the economy of the Champlain Valley; (10) it is important to enhance heritage tourism in the Champlain Valley while ensuring that increased visitation will not impair the historical and cultural resources of the region; (11) according to the 1999 report of the National Park Service entitled ``Champlain Valley Heritage Corridor Project'', ``the Champlain Valley contains resources and represents a theme `The Making of Nations and Corridors of Commerce', that is of outstanding importance in U.S. history''; and (12) it is in the interest of the United States to preserve and interpret the historical and cultural resources of the Champlain Valley for the education and benefit of present and future generations. (b) Purposes.--The purposes of this Act are-- (1) to establish the Champlain Valley National Heritage Partnership in the States of Vermont and New York to recognize the importance of the historical, cultural, and recreational resources of the Champlain Valley region to the United States; (2) to assist the State of Vermont and New York, including units of local government and nongovernmental organizations in the States, in preserving, protecting, and interpreting those resources for the benefit of the people of the United States; (3) to use those resources and the theme ``The Making of Nations and Corridors of Commerce'' to-- (A) revitalize the economy of communities in the Champlain Valley; and (B) generate and sustain increased levels of tourism in the Champlain Valley; (4) to encourage-- (A) partnerships among State and local governments and nongovernmental organizations in the United States; and (B) collaboration with Canada and the Province of Quebec to-- (i) interpret and promote the history of the waterways of the Champlain Valley region; (ii) form stronger bonds between the United States and Canada; and (iii) promote the international aspects of the Champlain Valley region; and (5) to provide financial and technical assistance for the purposes described in paragraphs (1) through (4). SEC. 3. DEFINITIONS. In this Act: (1) Heritage partnership.--The term ``Heritage Partnership'' means the Champlain Valley National Heritage Partnership established by section 4(a). (2) Management entity.--The term ``management entity'' means the Lake Champlain Basin Program. (3) Management plan.--The term ``management plan'' means the management plan developed under section 4(b)(B)(i). (4) Region.-- (A) In general.--The term ``region'' means any area or community in 1 of the States in which a physical, cultural, or historical resource that represents the theme is located. (B) Inclusions.--The term ``region'' includes (i) the linked navigable waterways of-- (I) Lake Champlain; (II) Lake George; (III) the Champlain Canal; and (IV) the portion of the Upper Hudson River extending south to Saratoga; (ii) portions of Grand Isle, Franklin, Chittenden, Addison, Rutland, and Bennington Counties in the State of Vermont; and (iii) portions of Clinton, Essex, Warren, Saratoga and Washington Counties in the State of New York. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (6) State.--the term ``State'' means-- (A) the State of Vermont; and (B) the State of New York. (7) Theme.--The term ``theme'' means the theme ``The Making of Nations and Corridors of Commerce'', as the term is used in the 1999 report of the National Park Service entitled ``Champlain Valley Heritage Corridor Project'', that describes the periods of international conflict and maritime commerce during which the region played a unique and significant role in the development of the United States and Canada. SEC. 4. HERITAGE PARTNERSHIP. (a) Establishment.--There is established in the regional the Champlain Valley National Heritage Partnership. (b) Management Entity.-- (1) Duties.-- (A) In general.--The management entity shall implement the Act. (B) Management plan.-- (i) In general.--Not later than 3 years after the date of enactment of this Act, the management entity shall develop a management plan for the Heritage Partnership. (ii) Existing plan.--Pending the completion and approval of the management plan, the management entity may implement the provisions of this Act based on its federally authorized plan ``Opportunities for Action, an Evolving Plan For Lake Champlain''. (iii) Contents.--The management plan shall include-- (I) recommendations for funding, managing, and developing the Heritage Partnership; (II) a description of activities to be carried out by public and private organizations to protect the resources of the Heritage Partnership; (III) a list of specific, potential sources of funding for the protection, management, and development of the Heritage Partnership; (IV) an assessment of the organizational capacity of the management entity to achieve the goals for implementation; and (V) recommendations of ways in which to encourage collaboration with Canada and the Province of Quebec in implementing this Act. (iv) Considerations.--In developing the management plan under clause (i), the management entity shall take into consideration existing Federal, State, and local plans relating to the region. (v) Submission to secretary for approval.-- (I) In general.--Not later than 3 years after the date of enactment of this Act, the management entity shall submit the management plan to the Secretary for approval. (II) Effect of failure to submit.-- If a management plan is not submitted to the Secretary by the date specified in paragraph (I), the Secretary shall not provide any additional funding under this Act until a management plan for the Heritage Partnership is submitted to the Secretary. (vi) Approval.--Not later than 90 days after receiving the management plan submitted under subparagraph (V)(I), the Secretary, in consultation with the States, shall approve or disapprove the management plan. (vii) Action following disapproval.-- (I) General.--If the Secretary disapproves a management plan under subparagraph (vi), the Secretary shall-- (aa) advise the management entity in writing of the reasons for the disapproval; (bb) make recommendations for revisions to the management plan; and (cc) allow the management entity to submit to the Secretary revisions to the management plan. (II) Deadline for approval of revision.--Not later than 90 days after the date on which a revision is submitted under subparagraph (vii)(I)(cc), the Secretary shall approve or disapprove the revision. (viii) Amendment.-- (I) In general.--After approval by the Secretary of the management plan, the management entity shall periodically-- (aa) review the management plan; and (bb) submit to the Secretary, for review and approval by the Secretary, the recommendations of the management entity for any amendments to the management plan that the management entity considers to be appropriate. (II) Expenditure of funds.--No funds made available under this Act shall be used to implement any amendment proposed by the management entity under subparagraph (viii)(1) until the Secretary approves the amendments. (2) Partnerships.-- (A) In general.--In carrying out this Act, the management entity may enter into partnerships with-- (i) the States, including units of local governments in the States; (ii) nongovernmental organizations; (iii) Indian Tribes; and (iv) other persons in the Heritage Partnership. (B) Grants.--Subject to the availability of funds, the management entity may provide grants to partners under subparagraph (A) to assist in implementing this Act. (3) Prohibition on the acquisition of real property.--The management entity shall not use Federal funds made available under this Act to acquire real property or any interest in real property. (c) Assistance From Secretary.--To carry out the purposes of this Act, the Secretary may provide technical and financial assistance to the management entity. SEC. 5. EFFECT. Nothing in this Act-- (1) grants powers of zoning or land use to the management entity; (2) modifies, enlarges, or diminishes the authority of the Federal Government or a State or local government to manage or regulate any use of land under any law (including regulations); or (3) obstructs or limits private business development activities or resource development activities. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this Act not more than a total of $10,000,000, of which not more than $1,000,000 may be made available for any fiscal year. (b) Non-Federal Share.--The non-Federal share of the cost of any activities carried out using Federal funds made available under subsection (a) not be less than 50 percent. SEC. 7. TERMINATION OF AUTHORITY. The authority of the Secretary to provide assistance under this Act terminates on the date that is 15 years after the date of enactment of this Act.

Champlain Valley National Heritage Partnership Act of 2003 - Establishes the Champlain Valley National Heritage Partnership within the States of Vermont and New York.Directs the Partnership's management entity, the Lake Champlain Basin Program, to develop a management plan for the Partnership (for the Secretary of Interior's approval) that includes: (1) recommendations for funding, managing, and developing the Partnership; (2) a description of activities to be carried out by public and private organizations to protect the Partnership's resources; (3) an assessment of the organizational capacity of the Program to achieve the goals for implementation; and (4) recommendations for collaboration with Canada and the Province of Quebec in implementing this Act.Authorizes the Program to enter into partnerships with, and make grants to, various public and private entities to carry out this Act. Allows the Secretary to provide assistance to carry out this Act.Prohibits the Program from using Federal funds made available by this Act to acquire real property or any interest in real property.Prohibits Federal assistance under this Act after 15 years after its enactment.

A bill to establish the Champlain Valley National Heritage Partnership in the States of Vermont and New York, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening of FDA Integrity Act of 2008''. SEC. 2. DEBARMENT. (a) Application to Drugs, Biological Products, and Devices.--The Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) is amended-- (1) in section 201, by amending subsection (dd) to read as follows: ``(dd) The term `drug product'-- ``(1) for purposes of sections 306 and 307, means a drug subject to regulation under section 505, 512, or 802 of this Act or under section 351 of the Public Health Service Act; and ``(2) for purposes of section 306, includes a device subject to regulation under section 513 of this Act.''; and (2) in section 306-- (A) by striking the term ``an abbreviated drug application'' each place such term appears and inserting ``a covered application''; (B) by striking the terms ``abbreviated drug application'' and ``abbreviated drug applications'' each place either such term appears and inserting ``covered application'' and ``covered applications'', respectively; (C) by striking the term ``drug product application'' each place such term appears and inserting ``covered application''; (D) in the heading of subsections (a) and (b), by striking ``Certain Drug Applications'' and inserting ``Certain Drug Product Applications''; (E) in subsection (b)(2)(B)(i), by striking ``the process for the regulation of drugs'' and inserting ``the process for the regulation of drug products''; (F) in subsection (d)(4)(B)(ii), by striking ``of any drug subject to sections 505'' and inserting ``of any drug product''; (G) in subsections (b)(2)(A), (b)(2)(B)(iv), (c)(3)(C), (c)(3)(E), (d)(3)(A)(ii)(II), (d)(3)(B)(ii), (d)(4)(B)(iv), (d)(4)(D)(ii), (f)(1)(B)(ii), (g), and (h), by striking the terms ``drug'' and ``drugs'' each place either such term appears and inserting ``drug product'' and ``drug products'', respectively; and (H) by adding at the end the following: ``(n) Covered Application Defined.--In this section, the term `covered application' means-- ``(1) an application for approval or licensure of a drug under section 505 of this Act or section 351 of the Public Health Service Act, respectively; or ``(2) an application for clearance or approval of a device under section 510(k) or 515 of this Act, respectively.''. (b) Mandatory Debarment.--Paragraph (1) of section 306(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 335a(a)) is amended to read as follows: ``(1) Corporations, partnerships, and associations.--If the Secretary finds that a person other than an individual has been convicted, after May 13, 1992, of a felony under Federal law for conduct-- ``(A) relating to the development or approval, including the process for development or approval, of any drug product, or ``(B) otherwise relating to the regulation of any drug product under this Act or subpart 1 of part F of title III of the Public Health Service Act, the Secretary shall debar such person from submitting, or assisting in the submission of, any covered application.''. (c) Permissive Debarment.--Section 306(b)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 335a(b)(2)) is amended-- (1) in subparagraph (A)(i), by amending subclause (I) to read as follows: ``(I) relates to the development or approval, including the process for development or approval, of any drug product or otherwise relates to the regulation of drug products under this Act or subpart 1 of part F of title III of the Public Health Service Act, and''; (2) in subparagraph (B)-- (A) by striking clauses (ii) and (iii); and (B) by redesignating clause (iv) as clause (ii); and (3) by adding at the end the following: ``(C) Bribery, fraud, and other such crimes.--Any person (including any individual) whom the Secretary finds has been convicted of-- ``(i) a felony which is not described in paragraph (1) or (2) of subsection (a) or in subparagraph (A) or (B)(i) of this subsection and which involves bribery, payment of illegal gratuities, fraud, perjury, false statement, racketeering, blackmail, extortion, falsification or destruction of records, or interference with or obstruction of an investigation into, or prosecution of, any criminal offense, or ``(ii) a conspiracy to commit, or aiding or abetting such felony, if the Secretary finds, on the basis of the conviction of such person and other information, that such person has demonstrated a pattern of conduct sufficient to find that there is reason to believe that such person may violate requirements under this Act or subpart 1 of part F of title III of the Public Health Service Act relating to drug products. ``(D) Material participation.--Any person (including any individual) whom the Secretary finds materially participated in acts that were the basis for a conviction for an offense described in paragraph (1) or (2) of subsection (a) or in subparagraph (A), (B)(i), or (C) of this subsection for which a conviction was obtained, if the Secretary finds, on the basis of such participation and other information, that such individual has demonstrated a pattern of conduct sufficient to find that there is reason to believe that such person may violate requirements under this Act or subpart 1 of part F of title III of the Public Health Service Act relating to drug products.''. (d) Additional Debarment Consideration.--Paragraph (3) of subsection (c) of section 306 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 335a(c)(3)) is amended-- (1) by striking ``and'' at the end of subparagraph (E); (2) by striking the period at the end of subparagraph (F) and inserting ``, and''; and (3) by adding at the end the following new subparagraph: ``(G) whether debarment of the person will affect the public health because sufficient quantities of the drug product would not be available.''. (e) Effective Dates.--Paragraph (2) of section 306(l) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 335a(l)) is amended by striking the phrase ``occurred more than 5 years before'' each place such phrase appears and inserting ``occurred more than 1 year before''. (f) Annual Report.--Section 306 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 335a) is amended by adding at the end the following: ``(o) Annual Report.--Each year, the Secretary shall submit a report to the Congress on implementation of this section. Each such report shall identify-- ``(1) debarment proceedings mandated under subsection (a) or (m); ``(2) debarment proceedings initiated under subsection (a), (b), or (m); ``(3) the status of debarment proceedings so initiated or pending from a previous year; ``(4) debarments imposed under this section; and ``(5) debarments declined under this section.''. (g) Conforming Amendments.--Section 306 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 335a) is amended-- (1) in subsections (a)(2)(B) and (h)(1)(A), by striking ``this Act'' and inserting ``this Act or subpart 1 of part F of title III of the Public Health Service Act''; (2) in subsection (b)(2)(A)(i)(II), by striking ``the date of the enactment of this section'' and inserting ``May 13, 1992''; (3) in subsection (b)(4), by striking ``clause (iii) or (iv) of paragraph (2)(B)'' and inserting ``subparagraph (B)(ii) or (D) of paragraph (2)''; (4) in subsection (c)(1)(A), by striking ``subsection (a)(1) or (b)(2)(A)'' and inserting ``subsection (a)(1) or (b)(1)(A)''; (5) in subsection (c)(1)(B), by striking ``subsection (a)(2) or (b)(2)(B)'' and inserting ``subsection (a)(2) or (b)(1)(B)''; (6) in subsection (d)(3)(A)(i), by striking ``or paragraph (2)(A) or (3) of subsection (b)'' and inserting ``subparagraph (A) or (C) of subsection (b)(1)''; (7) in subsection (d)(3)(B)(i), by striking ``clause (i), (ii), (iii), or (iv) of subsection (b)(2)(B) or subsection (b)(3)'' and inserting ``subparagraph (B) or (C) of subsection (b)(1)''; (8) in subsection (d)(3)(B)(ii), by striking ``under subsection (b)(2)(B) or subsection (b)(3)'' and inserting ``under subparagraph (B) or (C) of subsection (b)(1)''; (9) in subsection (j)(2), by striking ``clause (iii) or (iv) of subsection (b)(2)(B)'' and inserting ``subparagraph (B)(ii) or (D) of subsection (b)(2)''; and (10) in subsection (l)(2)-- (A) by striking ``clauses (i) and (ii) of subsection (b)(2)(B)'' and inserting ``subparagraphs (B)(i) and (C) of subsection (b)(2)''; (B) by striking ``Clauses (iii) and (iv) of subsection (b)(2)(B)'' and inserting ``Subparagraphs (B)(ii) and (D) of subsection (b)(2)''; and (C) by striking ``Clause (iv) of subsection (b)(2)(B)'' and inserting ``Subparagraph (B)(ii) of subsection (b)(2)''.

Strengthening of FDA Integrity Act of 2008 - Amends the Federal Food, Drug, and Cosmetic Act to apply debarment provisions currently applicable to abbreviated new drugs to any drug products, including new drugs, animal drugs, exported drugs, biological products, and medical devices. Expands the conditions under which persons (i.e., partnerships, corporations, and associations) are subject to mandatory and permissive debarment preventing such persons from submitting an application for approval of a drug product. Requires the Secretary of Health and Human Services, in determining the appropriateness and the period of debarment, to consider whether debarment will affect the public health because sufficient quantities of the drug would not be available. Requires the Secretary to annually report to Congress on the implementation of debarment provisions.

To expand the authority of the Secretary of Health and Human Services to impose debarments in order to ensure the integrity of drug, biological product, and device regulation, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Oil and Gas Production and Distribution Reform Act of 2015''. SEC. 2. FERC PROCESS COORDINATION WITH RESPECT TO REGULATORY APPROVAL OF OIL AND GAS PROJECTS. (a) Definitions.--In this section: (1) Agency.--The term ``agency'' means a Federal or State agency or unit of local government identified under subsection (b). (2) Commission.--The term ``Commission'' means the Federal Energy Regulatory Commission. (3) Federal authorization.-- (A) In general.--The term ``Federal authorization'' means any authorization required under Federal law with respect to an application for authorization or a certificate of public convenience and necessity relating to oil and gas production and distribution. (B) Inclusions.--The term ``Federal authorization'' includes any permits, special use authorizations, certifications, opinions, or other approvals as may be required under Federal law with respect to an application for authorization or a certificate of public convenience and necessity relating to oil and gas production and distribution. (b) Identification.--As soon as practicable after an application for Federal authorization is submitted, the Commission shall identify each Federal or State agency or unit of local government that may consider an aspect of that application. (c) Invitation.-- (1) In general.--The Commission shall invite each agency identified under subsection (b) to cooperate or participate in the review process for the application. (2) Deadline.--An invitation issued under paragraph (1) shall establish a deadline by which a response to the invitation shall be submitted, which may be extended by the Commission for good cause. (d) Deadline for Federal Authorization.--Each agency delegated the authority to review an aspect of the application under subsection (c)(1) shall make a final decision on the aspect of the Federal authorization under consideration by that agency by not later than 90 days after the date on which the Commission issues the final environmental document of the Commission, unless a different schedule is otherwise established by Federal law. (e) Deference to Commission.--In making a decision with respect to a Federal authorization, each agency shall give deference, to the maximum extent authorized by law, to the scope of environmental review that the Commission determines to be appropriate. (f) Concurrent Reviews.--Each agency considering an aspect of an application for Federal authorization shall-- (1) carry out the obligations of that agency under applicable law concurrently and in conjunction with the review required by the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), unless doing so would impair the ability of the agency to conduct needed analysis or otherwise carry out those obligations; (2) formulate and implement administrative, policy, and procedural mechanisms to enable the agency to complete the required Federal authorizations by the deadline described in subsection (d); and (3) transmit to the Commission a statement-- (A) acknowledging notice of the deadline under subsection (d); and (B) describing the plan formulated under paragraph (2). (g) Issue Identification and Resolution.-- (1) Identification.--Each agency considering an aspect of an application for Federal authorization shall identify, as soon as practicable, any issues of concern that may delay or prevent the agency from granting the authorization. (2) Issue resolution meeting.-- (A) In general.--On request of an agency or applicant, the Commission shall convene a meeting with the relevant agencies and the applicant to resolve any issues that may-- (i) delay completion of the environmental review document; or (ii) result in the denial of any Federal authorization. (B) Meeting date.--A meeting requested under subparagraph (A) shall be held not later than 21 days after the date on which the Commission receives the request for the meeting, unless the Commission determines that there is good cause to extend the deadline. (C) Notification.--On receipt of a request for a meeting under subparagraph (A), the Commission shall notify all relevant agencies of-- (i) the request for the meeting; (ii) the nature of the issue to be resolved; and (iii) the date for the meeting. (3) Elevation of issue resolution.-- (A) In general.--If the issue is not resolved within 30 days after a meeting under this paragraph, the Commission shall forward for resolution the dispute to the heads of the relevant agencies. (B) Inclusion.--In the case of a failure to achieve resolution by a State agency or unit of local government, the Commission shall forward for resolution the dispute to the head of the Federal agency overseeing the delegated authority. (h) Failure To Meet Deadline.--If an agency does not complete a proceeding for an approval that is required for a Federal authorization by the deadline described in subsection (d), the head of the relevant Federal agency (including, in the case of a failure by the State agency or unit of local government, the Federal agency overseeing the delegated authority) shall-- (1) notify Congress and the Commission of the failure; and (2) describe in that notification an implementation plan to ensure completion. (i) Application Processing.--The Commission may allow an applicant seeking Federal authorization to fund a third-party contractor or Commission staff to assist the Commission in reviewing the application. (j) Accountability; Transparency; Efficiency.-- (1) In general.--For applications requiring multiple Federal authorizations, the Commission, in consultation with any agency considering an aspect of the application, shall track and make available to the public on the website of the Commission information relating to the actions required to complete permitting, reviews, and other requirements. (2) Inclusions.--Information tracked under paragraph (1) shall include the following: (A) The deadline described in subsection (d). (B) A list of all the actions required by each applicable agency to complete permitting, reviews, and other requirements necessary to obtain a final decision on the Federal authorization. (C) The expected completion date for each action listed under subparagraph (B). (D) A point of contact at the agency accountable for each action listed under subparagraph (B). (E) In the event that an action is still pending as of the expected date of completion, a brief explanation of the reason for the delay.

Oil and Gas Production and Distribution Reform Act of 2015 This bill requires the Federal Energy Regulatory Commission (FERC) to: (1) identify, as soon as practicable after an application for federal authorization relating to oil and gas production and distribution is submitted, each federal, state, or local governmental entity that may consider an aspect of that application; and (2) invite each identified agency to cooperate or participate in the review process for the application. The governmental entity delegated to review an aspect of the application must make a final decision on the aspect of the federal authorization under its consideration within 90 days after FERC issues its final environmental document (unless federal law establishes a different schedule). When deciding a federal authorization, an agency must defer to the scope of environmental review that FERC determines appropriate. Each agency considering an application for federal authorization shall take certain actions as well as identify and, according to specified procedures, try to resolve issues that may delay or prevent granting of the authorization.

Oil and Gas Production and Distribution Reform Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Technology Administration Act of 1998''. SEC. 2. MANUFACTURING EXTENSION PARTNERSHIP PROGRAM CENTER EXTENSION. Section 25(c)(5) of the National Institute of Standards and Technology Act (15 U.S.C. 278k(c)(5)) is amended by striking ``, which are designed'' and all that follows through ``operation of a Center.'' and inserting in lieu thereof ``. After the sixth year, a Center may receive additional financial support under this section if it has received a positive evaluation through an independent review, under procedures established by the Institute. Such an independent review shall be required at least every two years after the sixth year of operation. Funding received for a fiscal year under this section after the sixth year of operation shall not exceed one third of the capital and annual operating and maintenance costs of the Center under the program.''. SEC. 3. MALCOLM BALDRIGE QUALITY AWARD. (a) Additional Awards.--Section 17(c)(3) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3711a(c)(3)) is amended by inserting ``, unless the Secretary determines that a third award is merited and can be given at no additional cost to the Federal Government'' after ``in any year''. (b) Categories.--Section 17(c)(1) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3711a(c)(1)) is amended by adding at the end the following: ``(D) Health care providers. ``(E) Education providers.''. SEC. 4. NOTICE. (a) Redesignation.--Section 31 of the National Institute of Standards and Technology Act is redesignated as section 32. (b) Notice.--The National Institute of Standards and Technology Act (15 U.S.C. 271 et seq.) is amended by inserting after section 30 the following new section: ``notice ``Sec. 31. (a) Notice of Reprogramming.--If any funds authorized for carrying out this Act are subject to a reprogramming action that requires notice to be provided to the Appropriations Committees of the House of Representatives and the Senate, notice of such action shall concurrently be provided to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. ``(b) Notice of Reorganization.-- ``(1) Requirement.--The Secretary shall provide notice to the Committees on Science and Appropriations of the House of Representatives, and the Committees on Commerce, Science, and Transportation and Appropriations of the Senate, not later than 15 days before any major reorganization of any program, project, or activity of the Institute. ``(2) Definition.--For purposes of this subsection, the term `major reorganization' means any reorganization of the Institute that involves the reassignment of more than 25 percent of the employees of the Institute.''. SEC. 5. SENSE OF THE CONGRESS ON THE YEAR 2000 PROBLEM. With the year 2000 fast approaching, it is the sense of the Congress that the National Institute of Standards and Technology should-- (1) give high priority to correcting all 2-digit date-related problems in its computer systems to ensure that those systems continue to operate effectively in the year 2000 and beyond; and (2) develop contingency plans for those systems that the Institute is unable to correct in time. SEC. 6. ENHANCEMENT OF SCIENCE AND MATHEMATICS PROGRAMS. (a) Definitions.--In this section-- (1) Educationally useful federal equipment.--The term ``educationally useful Federal equipment'' means computers and related peripheral tools and research equipment that is appropriate for use in schools. (2) School.--The term ``school'' means a public or private educational institution that serves any of the grades of kindergarten through grade 12. (b) Sense of the Congress.-- (1) In general.--It is the sense of the Congress that the Director of the National Institute of Standards and Technology should, to the greatest extent practicable and in a manner consistent with applicable Federal law (including Executive Order No. 12999), donate educationally useful Federal equipment to schools in order to enhance the science and mathematics programs of those schools. (2) Reports.-- (A) In general.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Director of the National Institute of Standards and Technology shall prepare and submit to the President a report. The President shall submit the report to Congress at the same time as the President submits a budget request to Congress under section 1105(a) of title 31, United States Code. (B) Contents of report.--The report prepared by the Director under this paragraph shall describe any donations of educationally useful Federal equipment to schools made during the period covered by the report. SEC. 7. TEACHER SCIENCE AND TECHNOLOGY ENHANCEMENT INSTITUTE PROGRAM. The National Institute of Standards and Technology Act (15 U.S.C. 271 et seq.) is amended by inserting after section 19 the following: ``Sec. 19A. (a) The Director shall establish within the Institute a teacher science and technology enhancement program to provide for professional development of mathematics and science teachers of elementary, middle, and secondary schools (as those terms are defined by the Director), including providing for the improvement of those teachers with respect to the understanding of science and the impacts of science on commerce. ``(b) In carrying out the program under this section, the Director shall focus on the areas of-- ``(1) scientific measurements; ``(2) tests and standards development; ``(3) industrial competitiveness and quality; ``(4) manufacturing; ``(5) technology transfer; and ``(6) any other area of expertise of the Institute that the Director determines to be appropriate. ``(c) The Director shall develop and issue procedures and selection criteria for participants in the program. ``(d) The program under this section shall be conducted on an annual basis during the summer months, during the period of time when a majority of elementary, middle, and secondary schools have not commenced a school year. ``(e) The program shall provide for teachers' participation in activities at the laboratory facilities of the Institute, or shall utilize other means of accomplishing the goals of the program as determined by the Director, which may include the Internet, video conferencing and recording, and workshops and conferences.''. SEC. 8. OFFICE OF SPACE COMMERCIALIZATION. (a) Establishment.--There is established within the Department of Commerce an Office of Space Commercialization (referred to in this section as the ``Office''). (b) Director.--The Office shall be headed by a Director, who shall be a senior executive and shall be compensated at a level in the Senior Executive Service under section 5382 of title 5, United States Code, as determined by the Secretary of Commerce. (c) Functions of the Office; Duties of the Director.--The Office shall be the principal unit for the coordination of space-related issues, programs, and initiatives within the Department of Commerce. The primary responsibilities of the Director, in carrying out the functions of the Office, shall include-- (1) promoting commercial provider investment in space activities by collecting, analyzing, and disseminating information on space markets, and conducting workshops and seminars to increase awareness of commercial space opportunities; (2) assisting United States commercial providers in the efforts of those providers to conduct business with the United States Government; (3) acting as an industry advocate within the executive branch of the Federal Government to ensure that the Federal Government meets the space-related requirements of the Federal Government, to the fullest extent feasible, using commercially available space goods and services; (4) ensuring that the United States Government does not compete with United States commercial providers in the provision of space hardware and services otherwise available from United States commercial providers; (5) promoting the export of space-related goods and services; (6) representing the Department of Commerce in the development of United States policies and in negotiations with foreign countries to ensure free and fair trade internationally in the area of space commerce; and (7) seeking the removal of legal, policy, and institutional impediments to space commerce. SEC. 9. EXPERIMENTAL PROGRAM TO STIMULATE COMPETITIVE TECHNOLOGY. Section 5 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3704) is amended by adding at the end the following: ``(f) Experimental Program To Stimulate Competitive Technology.-- ``(1) In general.--The Secretary, acting through the Under Secretary, shall establish for fiscal year 1999 a program to be known as the Experimental Program to Stimulate Competitive Technology (referred to in this subsection as the `program'). The purpose of the program shall be to strengthen the technological competitiveness of those States that have historically received less Federal research and development funds than those received by a majority of the States. ``(2) Arrangements.--In carrying out the program, the Secretary, acting through the Under Secretary, shall-- ``(A) enter into such arrangements as may be necessary to provide for the coordination of the program through the State committees established under the Experimental Program to Stimulate Competitive Research of the National Science Foundation; and ``(B) cooperate with-- ``(i) any State science and technology council established under the program under subparagraph (A); and ``(ii) representatives of small business firms and other appropriate technology-based businesses. ``(3) Grants and cooperative agreements.--In carrying out the program, the Secretary, acting through the Under Secretary, may make grants or enter into cooperative agreements to provide for-- ``(A) technology research and development; ``(B) technology transfer from university research; ``(C) technology deployment and diffusion; and ``(D) the strengthening of technological capabilities through consortia comprised of-- ``(i) technology-based small business firms; ``(ii) industries and emerging companies; ``(iii) universities; and ``(iv) State and local development agencies and entities. ``(4) Requirements for making awards.-- ``(A) In general.--In making awards under this subsection, the Secretary, acting through the Under Secretary, shall ensure that the awards are awarded on a competitive basis that includes a review of the merits of the activities that are the subject of the award. ``(B) Matching requirement.--The non-Federal share of the activities (other than planning activities) carried out under an award under this subsection shall be not less than 25 percent of the cost of those activities. ``(5) Criteria for states.--The Secretary, acting through the Under Secretary, shall establish criteria for achievement by each State that participates in the program. Upon the achievement of all such criteria, a State shall cease to be eligible to participate in the program. ``(6) Coordination.--To the extent practicable, in carrying out this subsection, the Secretary, acting through the Under Secretary, shall coordinate the program with other programs of the Department of Commerce. ``(7) Report.-- ``(A) In general.--Not later than 90 days after the date of the enactment of the Technology Administration Act of 1998, the Under Secretary shall prepare and submit a report that meets the requirements of this paragraph to the Secretary. Upon receipt of the report, the Secretary shall transmit a copy of the report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science of the House of Representatives. ``(B) Requirements for report.--The report prepared under this paragraph shall contain with respect to the program-- ``(i) a description of the structure and procedures of the program; ``(ii) a management plan for the program; ``(iii) a description of the merit-based review process to be used in the program; ``(iv) milestones for the evaluation of activities to be assisted under the program in fiscal year 1999; ``(v) an assessment of the eligibility of each State that participates in the Experimental Program to Stimulate Competitive Research of the National Science Foundation to participate in the program under this subsection; and ``(vi) the evaluation criteria with respect to which the overall management and effectiveness of the program will be evaluated.''. SEC. 10. NATIONAL TECHNOLOGY MEDAL FOR ENVIRONMENTAL TECHNOLOGY. In the administration of section 16 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3711), Environmental Technology shall be established as a separate nomination category with appropriate unique criteria for that category. SEC. 11. INTERNATIONAL ARCTIC RESEARCH CENTER. The Congress finds that the International Arctic Research Center is an internationally-supported effort to conduct important weather and climate studies, and other research projects of benefit to the United States. It is, therefore, the sense of the Congress that, as with similar research conducted in the Antarctic, the United States should provide similar support for this important effort. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Technology Administration Act of 1998 - Amends the National Institute of Standards and Technology Act (NISTA) to provide for the extension of Federal financial assistance to Regional Centers for the Transfer of Manufacturing Technology under the Manufacturing Extension Partnership Program after the sixth year of operation. Permits a Center to receive additional funding if it has received a positive evaluation through an independent review at least every two years after such sixth year. Limits the proportion of funding that a Center may receive from the Government after the sixth year to one-third of its capital and annual operating and maintenance costs under the Program. (Sec. 3) Amends the Stevenson-Wydler Technology Innovation Act of 1980 respecting the Malcolm Baldrige National Quality Award to: (1) expand the list of categories for awards to include health care providers and education providers; and (2) permit a third award to be made in a subcategory in any year if the Secretary of Commerce determines that it is merited and can be given at no additional cost to the Government. (Sec. 4) Amends NISTA to require notice of any reprogramming of funds to be provided to the House Committee on Science and the Senate Committee on Commerce, Science, and Transportation concurrently with any such notice provided to the Appropriations Committees. Requires the Secretary to provide 15 days' notice to all such committees before any major reorganization of any program, project, or activity of the Institute. (Sec. 5) Expresses the sense of the Congress regarding correcting and developing contingency plans for year 2000 date-related computer problems of the Institute. (Sec. 6) Expresses the sense of the Congress that the Director of the Institute should donate educationally useful Federal equipment to schools to enhance science and mathematic programs. Mandates annual reports to the President. (Sec. 7) Establishes within the Institute a summer teacher science and technology enhancement program to provide for the professional development of mathematics and science school teachers. (Sec. 8) Establishes within the Department of Commerce an Office of Space Commercialization to be the principal unit for the coordination of space-related issues, programs, and initiatives within the Department. (Sec. 9) Directs the Secretary to establish, for FY 1999, the Experimental Program to Stimulate Competitive Technology (EPSCOT) to strengthen the technological competitiveness of States that have historically received less Federal research and development funds than those received by a majority of the States. Directs the Secretary, acting through the Under Secretary, to: (1) enter into arrangements for the coordination of EPSCOT through the State committees established under the Experimental Program to Stimulate Competitive Research (EPSCoR) of the National Science Foundation; and (2) cooperate with any State science and technology council established under EPSCoR and representatives of small business firms and other technology-based businesses. Requires a specified report. (Sec. 10) Establishes Environmental Technology as a separate nomination category with respect to the National Technology Medal. (Sec. 11) Expresses the sense of the Congress that the United States should provide support for the International Arctic Research Center that is similar to support provided for Antarctic research.

Technology Administration Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Black Canyon of the Gunnison National Park and Gunnison Gorge National Conservation Area Boundary Revision Act of 2003''. SEC. 2. BLACK CANYON OF THE GUNNISON NATIONAL PARK BOUNDARY REVISION. (a) Establishment.--Section 4(a) of the Black Canyon of the Gunnison National Park and Gunnison Gorge National Conservation Area Act of 1999 (16 U.S.C. 410fff-2(a)) is amended-- (1) by striking ``There is hereby established'' and inserting the following: ``(1) In general.--There is established''; and (2) by adding at the end the following: ``(2) Boundary revision.--The boundary of the Park is revised to include the addition of not more than 2,725 acres, as depicted on the map entitled `Black Canyon of the Gunnison National Park and Gunnison Gorge NCA Boundary Modifications' and dated January 21, 2003.''. (b) Administration.--Section 4(b) of the Black Canyon of the Gunnison National Park and Gunnison Gorge National Conservation Area Act of 1999 (16 U.S.C. 410fff-2(b)) is amended-- (1) by striking ``Upon'' and inserting the following: ``(1) Land transfer.-- ``(A) In general.--On''; and (2) by striking ``The Secretary shall'' and inserting the following: ``(B) Additional land.--On the date of enactment of the Black Canyon of the Gunnison National Park and Gunnison Gorge National Conservation Area Boundary Revision Act of 2003, the Secretary shall transfer the land under the jurisdiction of the Bureau of Land Management identified as `Tract C' on the map described in subsection (a)(2) to the administrative jurisdiction of the National Park Service for inclusion in the Park. ``(2) Authority.--The Secretary shall.''. SEC. 3. GRAZING PRIVILEGES AT BLACK CANYON OF THE GUNNISON NATIONAL PARK. Section 4(e) of the Black Canyon of the Gunnison National Park and Gunnison Gorge National Conservation Area Act of 1999 (16 U.S.C. 410fff-2(e)) is amended-- (1) in paragraph (1)-- (A) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and (B) by inserting after subparagraph (A) the following: ``(B) Transfer.--If land authorized for grazing under subparagraph (A) is exchanged for private land under this Act, the Secretary shall transfer any grazing privileges to the private land acquired in the exchange in accordance with this section.''; and (2) in paragraph (3)-- (A) in subparagraph (A), by striking ``and'' at the end; (B) by redesignating subparagraph (B) as subparagraph (D); (C) by inserting after subparagraph (A) the following: ``(B) with respect to the permit or lease issued to LeValley Ranch Ltd., a partnership, for the lifetime of the 2 limited partners as of October 21, 1999; ``(C) with respect to the permit or lease issued to Sanburg Herefords, L.L.P., a partnership, for the lifetime of the 2 general partners as of October 21, 1999; and''; and (D) in subparagraph (D) (as redesignated by subparagraph (B))-- (i) by striking ``partnership, corporation, or'' in each place it appears and inserting ``corporation or''; and (ii) by striking ``subparagraph (A)'' and inserting ``subparagraphs (A), (B), or (C)''. SEC. 4. ACQUISITION OF LAND. (a) Authority to Acquire Land.--Section 5(a)(1) of the Black Canyon of the Gunnison National Park and Gunnison Gorge National Conservation Area Act of 1999 (16 U.S.C. 410fff-3(a)(1)) is amended by inserting ``or the map described in section 4(a)(2)'' after ``the Map''. (b) Method of Acquisition.-- (1) In general.--Land or interest in land acquired under the amendments made by this Act shall be made in accordance with section 5(a)(2)(A) of the Black Canyon of the Gunnison National Park and Gunnison Gorge National Conservation Area Act of 1999 (16 U.S.C. 410fff-3(a)(2)(A)). (2) Consent.--No land or interest in land may be acquired without the consent of the landowner. SEC. 5. GUNNISON GORGE NATIONAL CONSERVATION AREA BOUNDARY REVISION. Section 7(a) of the Black Canyon of the Gunnison National Park and Gunnison Gorge National Conservation Area Act of 1999 (16 U.S.C. 410fff-5(a)) is amended-- (1) by striking ``(a) in General.--There is established'' and inserting the following: ``(a) Establishment.-- ``(1) In general.--There is established''; and (2) by adding at the end the following: ``(2) Boundary revision.--The boundary of the Conservation Area is revised to include the addition of not more than 7,100 acres, as depicted on the map entitled `Black Canyon of the Gunnison National Park and Gunnison Gorge NCA Boundary Modifications' and dated January 21, 2003.''. SEC. 6. ACCESS TO WATER DELIVERY FACILITIES. The Commissioner of Reclamation shall retain administrative jurisdiction over, and access to, land, facilities, and roads of the Bureau of Reclamation in the East Portal area and the Crystal Dam area, as depicted on the map identified in section 4(a)(2) of the Black Canyon of the Gunnison National Park and Gunnison Gorge National Conservation Area Act of 1999 (as added by section 2(a)(2)) for the maintenance, repair, construction, replacement, and operation of any facilities relating to the delivery of water under the jurisdiction of the Bureau to users of the water (as of the date of enactment of this Act).

Black Canyon of the Gunnison National Park and Gunnison Gorge National Conservation Area Boundary Revision Act of 2003 - Amends the Black Canyon of the Gunnison National Park and Gunnison Gorge National Conservation Area Act of 1999 to revise the boundaries of the Park and the Conservation Area to add specified lands.Directs the Secretary of the Interior to transfer such land to the Park. Provides that, if land authorized for the grazing of livestock is exchanged for private land under this Act, the Secretary shall transfer any grazing privileges to the private land acquired. Permits grazing with respect to permits or leases issued to specified partnerships. Requires acquisitions of land or interest in land acquired under this Act to be made in accordance with such Act.Provides that the Commissioner of Reclamation shall retain administrative jurisdiction over, and access to Bureau of Reclamation land, facilities, and roads in the East Portal and Crystal Dam areas for the maintenance, construction, replacement, and operation of water delivery facilities.

To revise the boundary of the Black Canyon of the Gunnison National Park and Gunnison Gorge National Conservation Area in the State of Colorado, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Assessing Progress in Haiti Act''. SEC. 2. FINDINGS. Congress finds the following: (1) On January 12, 2010, an earthquake measuring 7.0 on the Richter magnitude scale struck the country of Haiti. (2) According to the United States Geological Survey (USGS)-- (A) the earthquake epicenter was located approximately 15 miles southwest of Port-au-Prince, the capital of Haiti; and (B) the earthquake was followed by 59 aftershocks of magnitude 4.5 or greater, the most severe measuring 6.0. (3) According to the Government of Haiti, more than 316,000 people died as a result of the earthquake, including 103 citizens of the United States and more than 100 United Nations personnel. (4) According to the United Nations and the International Organization for Migration-- (A) an estimated 3,000,000 people were directly affected by the disaster, nearly one-third of the country's population; and (B) more than 2,100,000 people were displaced from their homes to settlements. (5) Casualty numbers and infrastructure damage, including to roads, ports, hospitals, and residential dwellings, place the earthquake as the worst cataclysm to hit Haiti in over two centuries and, proportionally, one of the world's worst natural disasters in modern times. (6) The Post Disaster Needs Assessment (PDNA) conducted by the Government of Haiti, the United Nations, the World Bank, the Inter-American Development Bank, and other experts estimates that damage and economic losses totaled $7,804,000,000, approximately 120 percent of Haiti's gross domestic product in 2009. (7) Haiti is the poorest, least developed country in the Western Hemisphere with, prior to the earthquake-- (A) more than 70 percent of Haitians living on less than $2 per day; and (B) a ranking of 149 out of 182 countries on the United Nations Human Development Index. (8) House Resolution 1021, which was passed on January 21, 2010, on a vote of 411 to 1 expressed-- (A) the House of Representatives' ``deepest condolences and sympathy for the horrific loss of life'' caused by the earthquake; and (B) bipartisan support for Haiti's recovery and reconstruction. (9) The initial emergency response of the men and women of the United States Government, led by the United States Agency for International Development and United States Southern Command, was swift and resolute. (10) United States urban search and rescue (USAR) teams were immediately activated after the earthquake and deployed from Fairfax County, Virginia, Los Angeles County, California, Miami-Dade, Florida, the City of Miami, Florida, and Virginia Beach, Virginia, to assist the United States Agency for International Development (USAID) Disaster Assistance Response Team (DART), and New York City's first responders asked the Office of U.S. Foreign Disaster Assistance (OFDA) to activate a New York City urban search and rescue shortly thereafter. (11) A month after the earthquake, the House of Representatives unanimously passed House Resolution 1059 which expressed gratitude to these USAR units, and highlighted that the 511 United States rescue workers comprised roughly one- third of the entire international USAR effort in Haiti, and more than 130 people were rescued from under the rubble in Haiti by these units. (12) Individuals, businesses, and philanthropic organizations across the United States and throughout the international community responded in support of Haiti and its populace during this crisis, sometimes in innovative ways such as fundraising through text messaging. (13) The Haitian diaspora in the United States, which was integral to emergency relief efforts-- (A) has annually contributed significant monetary support to Haiti through remittances; and (B) continues to seek opportunities to partner with the United States Agency for International Development and other agencies to substantively contribute to the reconstruction of Haiti. (14) Significant challenges still remain in Haiti as it works to recover and rebuild. (15) According to the International Organization for Migration, approximately 680,000 people remain in spontaneous and organized camps in Haiti. (16) According to numerous nongovernmental organizations and United States contractors, the pace of reconstruction has lagged significantly behind the original emergency relief phase. (17) The widespread irregularities that occurred in the elections held in Haiti on November 28, 2010, led to outbursts of violence which undermined the recovery efforts. (18) On October 21, 2010, an outbreak of cholera was detected in the Lower Artibonite region. (19) Initial efforts to contain the epidemic were disrupted by Hurricane Tomas and resulting widespread flooding, which led to the spreading and entrenchment of the disease throughout the country. (20) According to the Haitian Ministry of Public Health and Population, as of March 28, 2011-- (A) approximately 4,766 people have died from cholera; and (B) approximately 270,991 have been infected from the disease. (21) According to the Pan American Health Organization and the Centers for Disease Control and Prevention, cholera could spread to as many as 400,000 people within the first year of the epidemic, potentially causing 7,600 deaths at the current case fatality rate. (22) The United States has provided more than $62,523,017 worth of assistance to combat the cholera epidemic, including by assisting with stockpiling health commodities, equipping cholera treatments centers, providing public information, and improving water and sanitation systems. (23) The efforts to combat the cholera epidemic have helped to drive the mortality rate from cholera down from nearly 7 percent to 1.7 percent of all contracted cases as of February 25, 2011. (24) Throughout the series of crises, the people of Haiti continue to demonstrate unwavering resilience, dignity, and courage. (25) On March 20, 2011, presidential and parliamentary elections were held in Haiti without major disruptions or problems. (26) At the international donors conference ``Towards a New Future for Haiti'' held on March 31, 2010, 59 donors pledged over $5,000,000,000 to support Haiti. (27) The United Nations Office of the Special Envoy for Haiti estimates that nearly $1,900,000,000 has been disbursed, with an additional amount of approximately $2,000,000,000 committed. (28) Haiti will need the support of the international community in order to confront the ongoing cholera epidemic and to promote reconstruction and development. SEC. 3. REPORT. (a) Report Required.--Not later than six months after the date of the enactment of this Act, the President, in consultation with the heads of all relevant agencies, including the Department of State, the United States Agency for International Development, the Department of Defense, the Department of Health and Human Services, and the Centers for Disease Control and Prevention shall transmit to Congress a report on the status of post-earthquake humanitarian, reconstruction, and development efforts in Haiti, including efforts to prevent the spread of cholera and treat persons infected with the disease. (b) Contents.--The report required by subsection (a) shall include a description, analysis, and evaluation of the-- (1) overall progress of relief, recovery, and reconstruction in Haiti, including-- (A) programs and projects of the United States Government; (B) programs and projects to protect vulnerable populations, such as internally displaced persons, children, women and girls, and persons with disabilities; and (C) projects to improve water, sanitation, and health, and plans for improvements in these areas in the long-term; (2) extent to which United States and international efforts are in line with the priorities of the Government of Haiti and are actively engaging and working through Haitian ministries and local authorities; (3) coordination among United States Government agencies, and coordination between the United States Government and United Nations agencies, international financial institutions, and other bilateral donors; (4) mechanisms for communicating the progress of recovery and reconstruction efforts to Haitian citizens, as well as recommendations on how these can be improved; (5) mechanisms through which Haitian civil society, including vulnerable populations, is actively participating in all major stages of recovery and reconstruction efforts, and recommendations on how these can be improved; (6) mechanisms through which the Haitian diaspora is involved in recovery and reconstruction efforts; and (7) suitability of Haiti to receive aliens who are removed, excluded, or deported from the United States pursuant to United States law, and steps Haiti is taking to strengthen its capacity in this regard. (c) Use of Previously Appropriated Funds.--Funding for the report required under subsection (a) shall derive from existing discretionary funds of the departments and agencies specified in such subsection.

Assessing Progress in Haiti Act - Directs the President to report to Congress on the status of post-earthquake humanitarian, reconstruction, and development efforts in Haiti, including efforts to prevent the spread of cholera and treat persons infected with the disease. Requires such report to evaluate: (1) the overall progress of relief, recovery, and reconstruction in Haiti, including U.S. government programs, programs to protect vulnerable populations, and projects to improve water, sanitation, and health; (2) the extent to which U.S. and international efforts are in line with the government of Haiti's priorities and are working through Haitian ministries and local authorities; (3) coordination among U.S. government agencies and coordination between the U.S. government and U.N. agencies, international financial institutions, and other bilateral donors; (4) mechanisms for communicating the progress of recovery and reconstruction to Haitian citizens; (5) mechanisms through which Haitian civil society and the Haitian diaspora are participating in recovery and reconstruction; and (6) Haiti's suitability to receive aliens who are removed, excluded, or deported from the United States and steps Haiti is taking to strengthen its capacity in this regard.

To measure the progress of relief, recovery, reconstruction, and development efforts in Haiti following the earthquake of January 12, 2010, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Native American $1 Coin Act''. SEC. 2. NATIVE AMERICAN $1 COIN PROGRAM. Section 5112 of title 31, United States Code, is amended by adding at the end the following: ``(r) Redesign and Issuance of Circulating $1 Coins Honoring Native Americans and the Important Contributions Made by Indian Tribes and Individual Native Americans in United States History.-- ``(1) Redesign beginning in 2008.-- ``(A) In general.--Effective beginning January 1, 2008, notwithstanding subsection (d), in addition to the coins to be issued pursuant to subsection (n), and in accordance with this subsection, the Secretary shall mint and issue $1 coins that-- ``(i) have as the designs on the obverse the so-called `Sacagawea design'; and ``(ii) have a design on the reverse selected in accordance with paragraph (2)(A), subject to paragraph (3)(A). ``(B) Delayed date.--If the date of the enactment of the Native American $1 Coin Act is after August 25, 2007, subparagraph (A) shall be applied by substituting `2009' for `2008'. ``(2) Design requirements.--The $1 coins issued in accordance with paragraph (1) shall meet the following design requirements: ``(A) Coin reverse.--The design on the reverse shall bear-- ``(i) images celebrating the important contributions made by Indian tribes and individual Native Americans to the development of the United States and the history of the United States; ``(ii) the inscription `$1'; and ``(iii) the inscription `United States of America'. ``(B) Coin obverse.--The design on the obverse shall-- ``(i) be chosen by the Secretary, after consultation with the Commission of Fine Arts and review by the Citizens Coinage Advisory Committee; and ``(ii) contain the so-called `Sacagawea design' and the inscription `Liberty'. ``(C) Edge-incused inscriptions.-- ``(i) In general.--The inscription of the year of minting and issuance of the coin and the inscriptions `E Pluribus Unum' and `In God We Trust' shall be edge-incused into the coin. ``(ii) Preservation of distinctive edge.--The edge- incusing of the inscriptions under clause (i) on coins issued under this subsection shall be done in a manner that preserves the distinctive edge of the coin so that the denomination of the coin is readily discernible, including by individuals who are blind or visually impaired. ``(D) Reverse design selection.--The designs selected for the reverse of the coins described under this subsection-- ``(i) shall be chosen by the Secretary after consultation with the Committee on Indian Affairs of the Senate, the Congressional Native American Caucus of the House of Representatives, the Commission of Fine Arts, and the National Congress of American Indians; ``(ii) shall be reviewed by the Citizens Coinage Advisory Committee; ``(iii) may depict individuals and events such as-- ``(I) the creation of Cherokee written language; ``(II) the Iroquois Confederacy; ``(III) Wampanoag Chief Massasoit; ``(IV) the `Pueblo Revolt'; ``(V) Olympian Jim Thorpe; ``(VI) Ely S. Parker, a general on the staff of General Ulysses S. Grant and later head of the Bureau of Indian Affairs; and ``(VII) code talkers who served the United States Armed Forces during World War I and World War II; and ``(iv) in the case of a design depicting the contribution of an individual Native American to the development of the United States and the history of the United States, shall not depict the individual in a size such that the coin could be considered to be a `2-headed' coin. ``(3) Issuance of coins commemorating 1 native american event during each year.-- ``(A) In general.--Each design for the reverse of the $1 coins issued during each year shall be emblematic of 1 important Native American or Native American contribution each year. ``(B) Issuance period.--Each $1 coin minted with a design on the reverse in accordance with this subsection for any year shall be issued during the 1-year period beginning on January 1 of that year and shall be available throughout the entire 1- year period. ``(C) Order of issuance of designs.--Each coin issued under this subsection commemorating Native Americans and their contributions-- ``(i) shall be issued, to the maximum extent practicable, in the chronological order in which the Native Americans lived or the events occurred, until the termination of the coin program described in subsection (n); and ``(ii) thereafter shall be issued in any order determined to be appropriate by the Secretary, after consultation with the Committee on Indian Affairs of the Senate, the Congressional Native American Caucus of the House of Representatives, and the National Congress of American Indians. ``(4) Issuance of numismatic coins.--The Secretary may mint and issue such number of $1 coins of each design selected under this subsection in uncirculated and proof qualities as the Secretary determines to be appropriate. ``(5) Quantity.--The number of $1 coins minted and issued in a year with the Sacagawea-design on the obverse shall be not less than 20 percent of the total number of $1 coins minted and issued in such year.''. SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS. Section 5112(n)(1) of title 31, United States Code, is amended-- (1) by striking the paragraph designation and heading and all that follows through ``Notwithstanding subsection (d)'' and inserting the following: ``(1) Redesign beginning in 2007.--Notwithstanding subsection (d)''; (2) by striking subparagraph (B); and (3) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and indenting the subparagraphs appropriately. SEC. 4. REMOVAL OF BARRIERS TO CIRCULATION OF $1 COIN. (a) In General.--In order to remove barriers to circulation, the Secretary of the Treasury shall carry out an aggressive, cost- effective, continuing campaign to encourage commercial enterprises to accept and dispense $1 coins that have as designs on the obverse the so-called ``Sacagawea design''. (b) Report.--The Secretary of the Treasury shall submit to Congress an annual report on the success of the efforts described in subsection (a). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Native American $1 Coin Act - Directs the Secretary of the Treasury to mint and issue $1 coins in commemoration of Native Americans and important contributions made by Indian tribes and individual Native Americans to the development and history of the United States. Requires, effective beginning January 1, 2008, that such coins have designs: (1) on the obverse bearing the " Sacagawea design;" and (2) on the reverse bearing images celebrating important contributions made by Indian tribes and individual Native Americans to the history and development of the United States. States that, if the date of the enactment of this Act is after August 25, 2007, such design shall be implemented beginning January 1, 2009. Requires edge-incusing of the inscriptions "E Pluribus Unum" and "In God We Trust" in a manner that preserves the distinctive coin edge so that its denomination is readily discernible, including by individuals who are blind or visually impaired. Requires the number of $1 coins minted and issued in a year with the Sacagawea-design on the obverse to be not less than 20% of the total number of $1 coins minted and issued in such year. Instructs the Secretary of the Treasury to carry out an aggressive, cost-effective, continuing campaign to encourage commercial enterprises to accept and dispense $1 coins that have the so-called "Sacagawea design."

To require the Secretary of the Treasury to mint and issue coins in commemoration of Native Americans and the important contributions made by Indian tribes and individual Native Americans to the development of the United States and the history of the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Furthering International Nuclear Safety Act of 2010''. SEC. 2. PURPOSES. The purposes of this Act are as follows: (1) To recognize the paramount importance of international nuclear safety cooperation for operating power reactors. (2) To further the efforts of the Convention on Nuclear Safety as a vital international forum on nuclear safety. (3) To support progress in improving nuclear safety for countries that currently have or are considering the development of a civilian nuclear power program. (4) To enhance the public availability of nuclear safety information. SEC. 3. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Relations of the Senate; (B) the Committee on Environment and Public Works of the Senate; (C) the Committee on Homeland Security and Governmental Affairs of the Senate; (D) the Committee on Foreign Affairs of the House of Representatives; (E) the Committee on Energy and Commerce of the House of Representatives; and (F) the Committee on Oversight and Government Reform of the House of Representatives. (2) Convention.--The term ``Convention'' means the Convention on Nuclear Safety, done at Vienna September 20, 1994, and ratified by the United States April 11, 1999. (3) Meeting.--The term ``meeting'' means a meeting as described under Article 20, 21, or 23 of the Convention. (4) National report.--The term ``national report'' means a report as described under Article 5 of the Convention. (5) Party.--The term ``party'' means a nation that has formally joined the Convention through ratification or other means. (6) Summary report.--The term ``summary report'' means a report as described under Article 25 of the Convention. SEC. 4. UNITED STATES EFFORTS TO FURTHER INTERNATIONAL NUCLEAR SAFETY. The President shall instruct the United States official serving as the delegate to the meetings of the Convention on Nuclear Safety pursuant to Article 24 of the Convention to use the voice, vote, and influence of the United States, while recognizing that these efforts by parties are voluntary, to encourage, where appropriate-- (1) parties to more systematically assess where and how they have made progress in improving safety, including where applicable through the incorporation of performance metric tools; (2) parties to increase the number of national reports they make available to the public by posting them to a publicly available Internet Web site of the International Atomic Energy Agency (IAEA); (3) parties to expand public dissemination of written answers to questions raised by other parties about national reports by posting the information to a publicly available Internet Web site of the IAEA; (4) the IAEA to further its support of the Convention, upon request by a party and where funding is available, by-- (A) providing assistance to parties preparing national reports; (B) providing additional assistance to help prepare for and support meetings, including language translation services; and (C) providing additional technical support to improve the safety of civilian nuclear power programs; and (5) all countries that currently have or are considering the establishment of a civilian nuclear power program to formally join the Convention. SEC. 5. STRATEGIC PLAN. Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in cooperation with the heads of other relevant United States Government agencies, shall develop the United States Government's strategic plan and goals for international nuclear safety cooperation for operating power reactors and shall submit them to the appropriate congressional committees. SEC. 6. REPORTS. Not later than 180 days after the issuance of each of the first two summary reports of the Convention issued after the date of the enactment of this Act-- (1) the Secretary of State, in cooperation with the heads of other relevant United States Government agencies, shall submit to the appropriate congressional committees a report that describes the status of implementing the strategic plan and achieving the goals set forth in section 5; and (2) the United States official serving as the delegate to the meetings of the Convention shall submit to the appropriate congressional committees a report providing the status of achieving the actions set forth in section 4.

Furthering International Nuclear Safety Act of 2010 - Directs The President to instruct the U.S. delegate to the Convention on Nuclear Safety to use U.S. influence to encourage: (1) parties to more systematically assess progress in improving nuclear safety and increase the number and public dissemination of related reports and other information; (2) the International Atomic Energy Agency (IAEA) to further its support of the Convention; and (3) all countries that have or are considering the establishment of a civilian nuclear power program to formally join the Convention. Directs the Secretary of State to develop and submit to Congress the U.S. government's strategic plan for international nuclear safety cooperation for operating power reactors.

A bill to underscore the importance of international nuclear safety cooperation for operating power reactors, encouraging the efforts of the Convention on Nuclear Safety, supporting progress in improving nuclear safety, and enhancing the public availability of nuclear safety information.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Meat Labeling Act of 1999''. SEC. 2. LABELING OF IMPORTED MEAT AND MEAT FOOD PRODUCTS. (a) Definitions.--Section 1 of the Federal Meat Inspection Act (21 U.S.C. 601) is amended by adding at the end the following: ``(w) Beef.--The term `beef' means meat produced from cattle (including veal). ``(x) Imported beef.--The term `imported beef' means beef that is not United States beef, whether or not the beef is graded with a quality grade issued by the Secretary. ``(y) Imported lamb.--The term `imported lamb' means lamb that is not United States lamb, whether or not the lamb is graded with a quality grade issued by the Secretary. ``(z) Imported pork.--The term `imported pork' means pork that is not United States pork. ``(aa) Lamb.--The term `lamb' means meat, other than mutton, produced from sheep. ``(bb) Pork.--The term `pork' means meat produced from hogs. ``(cc) United states beef.-- ``(1) In general.--The term `United States beef' means beef produced from cattle slaughtered in the United States. ``(2) Exclusion.--The term `United States beef' does not include beef produced from cattle imported into the United States in sealed trucks for slaughter. ``(dd) United states lamb.-- ``(1) In general.--The term `United States lamb' means lamb produced from sheep slaughtered in the United States. ``(2) Exclusion.--The term `United States lamb' does not include lamb produced from sheep imported into the United States in sealed trucks for slaughter. ``(ee) United states pork.-- ``(1) In general.--The term `United States pork' means pork produced from hogs slaughtered in the United States. ``(2) Exclusion.--The term `United States pork' does not include pork produced from hogs imported into the United States in sealed trucks for slaughter.''. (b) Misbranding.--Section 1(n) of the Federal Meat Inspection Act (21 U.S.C. 601(n)) is amended-- (1) in paragraph (11), by striking ``or'' at the end; (2) in paragraph (12), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(13)(A) if it is imported beef, imported lamb, or imported pork offered for retail sale as muscle cuts of beef, lamb, or pork and does not bear a label that identifies its country of origin; ``(B) if it is United States beef, United States lamb, or United States pork offered for retail sale as muscle cuts of beef, lamb, or pork, and does not bear a label that identifies its country of origin; or ``(C) if it is United States or imported ground beef, ground lamb, or ground pork and is not accompanied by labeling that identifies it as United States beef, United States lamb, United States pork, imported beef, imported lamb, imported pork, or other designation that identifies the content of United States beef, imported beef, United States lamb, imported lamb, United States pork, and imported pork contained in the product, as determined by the Secretary.''. (c) Labeling.--Section 7 of the Federal Meat Inspection Act (21 U.S.C. 607) is amended by adding at the end the following: ``(g) Mandatory Labeling.--The Secretary shall provide by regulation that the following offered for retail sale bear a label that identifies its country of origin: ``(1) Muscle cuts of United States beef, United States lamb, United States pork, imported beef, imported lamb, and imported pork. ``(2) Ground beef, ground lamb, and ground pork. ``(h) Audit Verification System for United States and Imported Muscle Cuts of Beef, Lamb, and Pork and Ground Beef, Lamb, and Pork.-- The Secretary may require by regulation that any person that prepares, stores, handles, or distributes muscle cuts of United States beef, imported beef, United States lamb, imported lamb, United States pork, imported pork, ground beef, ground lamb, or ground pork for retail sale maintain a verifiable recordkeeping audit trail that will permit the Secretary to ensure compliance with the regulations promulgated under subsection (g).''. (d) Regulations.--Not later than 1 year after the date of enactment of this Act, the Secretary of Agriculture shall promulgate final regulations to carry out the amendments made by this section. (e) Effective Date.--The amendments made by this section take effect 60 days after the date on which final regulations are promulgated under subsection (d).

Meat Labeling Act of 1999 - Amends the Federal Meat Inspection Act to deem misbranded beef, lamb, and pork that does not bear certain country of origin labeling. Requires the Secretary of Agriculture to promulgate regulations for such labeling. Authorizes the Secretary to require that any person that prepares, stores, handles, or distributes such meat for retail sale maintain a verifiable recordkeeping audit trail in order to verify compliance with such regulations.

Meat Labeling Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Close Big Oil Tax Loopholes Act''. SEC. 2. LIMITATION ON DEDUCTION FOR INTANGIBLE DRILLING AND DEVELOPMENT COSTS. (a) In General.--Section 263(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: ``This subsection shall not apply to amounts paid or incurred by a taxpayer in any taxable year in which such taxpayer is an applicable large taxpayer (as defined in section 193(d)(2)).''. (b) Effective Date.--The amendment made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2010. SEC. 3. LIMITATION ON DEDUCTION FOR TERTIARY INJECTANTS. (a) In General.--Section 193 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(d) Application With Respect to Certain Large Taxpayers.-- ``(1) In general.--This section shall not apply to amounts paid or incurred by a taxpayer in any taxable year in which such taxpayer is an applicable large taxpayer. ``(2) Applicable large taxpayer.--For purposes of this section, the term `applicable large taxpayer' means, with respect to any taxable year, any taxpayer with gross revenues for such taxable year in excess of $100,000,000.''. (b) Effective Date.--The amendment made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2010. SEC. 4. LIMITATION ON EXCEPTION FROM PASSIVE ACTIVITY RULES FOR WORKING INTERESTS IN OIL OR GAS PROPERTY. (a) In General.--Paragraph (3) of section 469(c) of the Internal Revenue Code of 1986 is amended-- (1) in subparagraph (A), by striking ``the taxpayer'' and inserting ``a taxpayer (other than an a taxpayer who is an applicable large taxpayer (as defined in section 193(d)(2)) for the taxable year)'', and (2) in subparagraph (B), by inserting ``other than an a taxpayer who is an applicable large taxpayer (as so defined) for the taxable year'' after ``any taxpayer''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2010. SEC. 5. LIMITATION ON PERCENTAGE DEPLETION ALLOWANCE FOR OIL AND GAS WELLS. (a) In General.--Section 613A of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(f) Application With Respect to Certain Large Taxpayers.--In the case of any taxable year in which the taxpayer is an applicable large taxpayer (as defined in section 193(d)(2)), the allowance for percentage depletion shall be zero.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2010. SEC. 6. LIMITATION ON DEDUCTION FOR INCOME ATTRIBUTABLE TO DOMESTIC PRODUCTION OF OIL, NATURAL GAS, OR PRIMARY PRODUCTS THEREOF. (a) Denial of Deduction.--Paragraph (4) of section 199(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(E) Special rule for certain oil and gas income.--In the case of any taxpayer who is an applicable large taxpayer (as defined in section 193(d)(2)) for the taxable year, the term `domestic production gross receipts' shall not include gross receipts from the production, transportation, or distribution of oil, natural gas, or any primary product (within the meaning of subsection (d)(9)) thereof.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2010. SEC. 7. EXPANSION OF 7-YEAR AMORTIZATION OF GEOLOGICAL AND GEOPHYSICAL EXPENDITURES TO APPLICABLE LARGE TAXPAYERS. (a) In General.--Subparagraph (A) of section 167(h)(5) of the Internal Revenue Code of 1986 is amended by inserting ``or an applicable large taxpayer (as defined in section 193(d)(2))'' after ``major integrated oil company''. (b) Conforming Amendment.--The heading for paragraph (5) of section 167(h) of such Code is amended by inserting ``and applicable large taxpayers'' after ``oil companies''. (c) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2010. SEC. 8. TAX ON CRUDE OIL AND NATURAL GAS PRODUCED FROM THE OUTER CONTINENTAL SHELF IN THE GULF OF MEXICO. (a) In General.--Subtitle E of the Internal Revenue Code of 1986 (relating to alcohol, tobacco, and certain other excise taxes) is amended by adding at the end the following new chapter: ``CHAPTER 56--TAX ON SEVERANCE OF CRUDE OIL AND NATURAL GAS FROM THE OUTER CONTINENTAL SHELF IN THE GULF OF MEXICO ``Sec. 5896. Imposition of tax. ``Sec. 5897. Taxable crude oil or natural gas and removal price. ``Sec. 5898. Special rules and definitions. ``SEC. 5896. IMPOSITION OF TAX. ``(a) In General.--In addition to any other tax imposed under this title, there is hereby imposed a tax equal to 13 percent of the removal price of any taxable crude oil or natural gas removed from the premises during any taxable period. ``(b) Credit for Federal Royalties Paid.-- ``(1) In general.--There shall be allowed as a credit against the tax imposed by subsection (a) with respect to the production of any taxable crude oil or natural gas an amount equal to the aggregate amount of royalties paid under Federal law with respect to such production. ``(2) Limitation.--The aggregate amount of credits allowed under paragraph (1) to any taxpayer for any taxable period shall not exceed the amount of tax imposed by subsection (a) for such taxable period. ``(c) Tax Paid by Producer.--The tax imposed by this section shall be paid by the producer of the taxable crude oil or natural gas. ``SEC. 5897. TAXABLE CRUDE OIL OR NATURAL GAS AND REMOVAL PRICE. ``(a) Taxable Crude Oil or Natural Gas.--For purposes of this chapter, the term `taxable crude oil or natural gas' means crude oil or natural gas which is produced from Federal submerged lands on the outer Continental Shelf in the Gulf of Mexico pursuant to a lease entered into with the United States which authorizes the production. ``(b) Removal Price.--For purposes of this chapter-- ``(1) In general.--Except as otherwise provided in this subsection, the term `removal price' means-- ``(A) in the case of taxable crude oil, the amount for which a barrel of such crude oil is sold, and ``(B) in the case of taxable natural gas, the amount per 1,000 cubic feet for which such natural gas is sold. ``(2) Sales between related persons.--In the case of a sale between related persons, the removal price shall not be less than the constructive sales price for purposes of determining gross income from the property under section 613. ``(3) Oil or gas removed from property before sale.--If crude oil or natural gas is removed from the property before it is sold, the removal price shall be the constructive sales price for purposes of determining gross income from the property under section 613. ``(4) Refining begun on property.--If the manufacture or conversion of crude oil into refined products begins before such oil is removed from the property-- ``(A) such oil shall be treated as removed on the day such manufacture or conversion begins, and ``(B) the removal price shall be the constructive sales price for purposes of determining gross income from the property under section 613. ``(5) Property.--The term `property' has the meaning given such term by section 614. ``SEC. 5898. SPECIAL RULES AND DEFINITIONS. ``(a) Administrative Requirements.-- ``(1) Withholding and deposit of tax.--The Secretary shall provide for the withholding and deposit of the tax imposed under section 5896 on a quarterly basis. ``(2) Records and information.--Each taxpayer liable for tax under section 5896 shall keep such records, make such returns, and furnish such information (to the Secretary and to other persons having an interest in the taxable crude oil or natural gas) with respect to such oil as the Secretary may by regulations prescribe. ``(3) Taxable periods; return of tax.-- ``(A) Taxable period.--Except as provided by the Secretary, each calendar year shall constitute a taxable period. ``(B) Returns.--The Secretary shall provide for the filing, and the time for filing, of the return of the tax imposed under section 5896. ``(b) Definitions.--For purposes of this chapter-- ``(1) Producer.--The term `producer' means the holder of the economic interest with respect to the crude oil or natural gas. ``(2) Crude oil.--The term `crude oil' includes crude oil condensates and natural gasoline. ``(3) Premises and crude oil product.--The terms `premises' and `crude oil product' have the same meanings as when used for purposes of determining gross income from the property under section 613. ``(c) Adjustment of Removal Price.--In determining the removal price of oil or natural gas from a property in the case of any transaction, the Secretary may adjust the removal price to reflect clearly the fair market value of oil or natural gas removed. ``(d) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this chapter.''. (b) Deductibility of Tax.--The first sentence of section 164(a) of the Internal Revenue Code of 1986 (relating to deduction for taxes) is amended by inserting after paragraph (5) the following new paragraph: ``(6) The tax imposed by section 5896(a) (after application of section 5896(b)) on the severance of crude oil or natural gas from the outer Continental Shelf in the Gulf of Mexico.''. (c) Clerical Amendment.--The table of chapters for subtitle E of such Code is amended by adding at the end the following new item: ``Chapter 56. Tax on severance of crude oil and natural gas from the outer Continental Shelf in the Gulf of Mexico.''. (d) Effective Date.--The amendments made by this section shall apply to crude oil or natural gas removed after the date of the enactment of this Act. SEC. 9. MODIFICATIONS OF FOREIGN TAX CREDIT RULES APPLICABLE TO LARGE INTEGRATED OIL COMPANIES WHICH ARE DUAL CAPACITY TAXPAYERS. (a) In General.--Section 901 of the Internal Revenue Code of 1986 (relating to credit for taxes of foreign countries and of possessions of the United States) is amended by redesignating subsection (m) as subsection (n) and by inserting after subsection (l) the following new subsection: ``(m) Special Rules Relating to Large Integrated Oil Companies Which Are Dual Capacity Taxpayers.-- ``(1) General rule.--Notwithstanding any other provision of this chapter, any amount paid or accrued by a dual capacity taxpayer which is a large integrated oil company to a foreign country or possession of the United States for any period shall not be considered a tax-- ``(A) if, for such period, the foreign country or possession does not impose a generally applicable income tax, or ``(B) to the extent such amount exceeds the amount (determined in accordance with regulations) which-- ``(i) is paid by such dual capacity taxpayer pursuant to the generally applicable income tax imposed by the country or possession, or ``(ii) would be paid if the generally applicable income tax imposed by the country or possession were applicable to such dual capacity taxpayer. Nothing in this paragraph shall be construed to imply the proper treatment of any such amount not in excess of the amount determined under subparagraph (B). ``(2) Dual capacity taxpayer.--For purposes of this subsection, the term `dual capacity taxpayer' means, with respect to any foreign country or possession of the United States, a person who-- ``(A) is subject to a levy of such country or possession, and ``(B) receives (or will receive) directly or indirectly a specific economic benefit (as determined in accordance with regulations) from such country or possession. ``(3) Generally applicable income tax.--For purposes of this subsection-- ``(A) In general.--The term `generally applicable income tax' means an income tax (or a series of income taxes) which is generally imposed under the laws of a foreign country or possession on income derived from the conduct of a trade or business within such country or possession. ``(B) Exceptions.--Such term shall not include a tax unless it has substantial application, by its terms and in practice, to-- ``(i) persons who are not dual capacity taxpayers, and ``(ii) persons who are citizens or residents of the foreign country or possession. ``(4) Large integrated oil company.--For purposes of this subsection, the term `large integrated oil company' means, with respect to any taxable year, an integrated oil company (as defined in section 291(b)(4)) which-- ``(A) had gross receipts in excess of $1,000,000,000 for such taxable year, and ``(B) has an average daily worldwide production of crude oil of at least 500,000 barrels for such taxable year.''. (b) Effective Date.-- (1) In general.--The amendments made by this section shall apply to taxes paid or accrued in taxable years beginning after the date of the enactment of this Act. (2) Contrary treaty obligations upheld.--The amendments made by this section shall not apply to the extent contrary to any treaty obligation of the United States.

Close Big Oil Tax Loopholes Act - Amends the Internal Revenue Code to deny to taxpayers with gross revenues in excess of $100 million in a taxable year (applicable large taxpayers): (1) the tax deduction for intangible drilling and development costs; (2) the tax deduction for qualified tertiary injectant expenses; (3) the exemption from restrictions on the deductibility of passive losses; (4) the percentage depletion allowance for oil and gas wells; and (5) the tax deduction for income attributable to domestic production of oil, natural gas, or primary products thereof. Requires applicable large taxpayers to amortize their geological and geophysical expenditures over a seven-year period. Imposes on producers of taxable crude oil or natural gas a 13% excise tax on the removal price of such oil and natural gas produced from lands on the Outer Continental Shelf in the Gulf of Mexico. Allows a nonrefundable credit against such tax for royalties paid under federal law with respect to the production of such crude oil and natural gas. Denies a foreign tax credit to any large integrated oil company that is subject to a levy of a foreign country or possession of the United States and receives an economic benefit from such country or possession (dual capacity taxpayer) if such country or possession does not impose a generally applicable income tax.

A bill to amend the Internal Revenue Code of 1986 to eliminate oil and gas company preferences.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Regulatory Review Reform Act of 2000''. SEC. 2. CONGRESSIONAL REVIEW OF AGENCY RULEMAKING. Chapter 8 of title 5, United States Code, is amended to read as follows: ``CHAPTER 8--CONGRESSIONAL REVIEW OF AGENCY RULEMAKING ``Sec. ``801. Definitions. ``802. Congressional approval of major rules. ``803. Congressional review. ``804. Approval procedure. ``805. Presidential interim approval. ``806. Prohibition on another rule in substantially same form. ``807. Judicial review. ``Sec. 801. Definitions ``In this chapter: ``(1) The term `agency' has the meaning given that term under section 551(1). ``(2) The term `major rule' -- ``(A) means any rule that the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget, after consultation with the Comptroller General, finds has resulted in or is likely to result in-- ``(i) an annual effect on the economy of $100,000,000 or more; ``(ii) a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; or ``(iii) significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets; and ``(B) does not include any rule promulgated under the Telecommunications Act of 1996 and the amendments made by that Act. ``(3) The term `rule' has the meaning given that term under section 551, except that such term does not include-- ``(A) any rule of particular applicability, including a rule that approves or prescribes for the future rates, wages, prices, services, or allowances therefor, corporate or financial structures, reorganizations, mergers, or acquisitions thereof, or accounting practices or disclosures bearing on any of the foregoing; ``(B) any rule relating to agency management or personnel; or ``(C) any rule of agency organization, procedure, or practice that does not substantially affect the rights or obligations of non-agency parties. ``Sec. 802. Congressional approval of major rules ``Subject to section 805, before a major rule can take effect, such rule shall be-- ``(1) submitted to Congress as required under section 803; and ``(2) approved by a joint resolution described under section 804. ``Sec. 803. Congressional review ``(a)(1) Any agency promulgating a major rule shall submit to each House of Congress and to the Comptroller General a report containing-- ``(A) a copy of the major rule; ``(B) a concise general statement relating to the major rule; and ``(C) the proposed effective date of the major rule. ``(2) On the date of the submission of the report under paragraph (1), the agency promulgating the major rule shall submit to the Comptroller General and make available to each House of Congress-- ``(A) a complete copy of the cost-benefit analysis of the major rule, if any; ``(B) the agency's actions relevant to sections 603, 604, 605, 607, and 609; ``(C) the agency's actions relevant to sections 202, 203, 204, and 205 of the Unfunded Mandates Reform Act of 1995; and ``(D) any other relevant information or requirements under any other Act or any relevant Executive order. ``(3) Upon receipt of a report submitted under paragraph (1), each House shall provide copies of the report to the chairman and ranking member of each standing committee with jurisdiction under the rules of the Senate or the House of Representatives to report a bill to amend the provision of law under which the major rule is issued. ``Sec. 804. Approval procedure ``(a)(1) In this section, the term `joint resolution' means only a joint resolution that-- ``(A) is introduced on the date described under paragraph (2), the matter after the resolving clause of which is as follows: `The Congress approves the rule relating to ______________ submitted by the ______________, and such rule shall take effect.'; and ``(B) applies to the rule in the form submitted to Congress, without amendment of the rule by Congress. ``(2) On the first day that both Houses of Congress are in session following the date that a major rule is submitted to Congress under section 803(a)-- ``(A) the Majority Leader of the Senate and the Minority Leader of the Senate shall introduce a joint resolution of approval as described under paragraph (1) relating to that major rule; and ``(B) the Majority Leader of the House of Representatives and the Minority Leader of the House of Representatives shall introduce a joint resolution of approval as described under paragraph (1) relating to that major rule. ``(b)(1) On the date that a joint resolution is introduced under subsection (a), the joint resolution shall be referred to 1 committee of jurisdiction. The committee may not amend the joint resolution. If the joint resolution is not reported by the committee not later than 20 calendar days after referral to the committee, the joint resolution shall be discharged from the committee and placed on the calendar of the appropriate House of Congress. ``(2) Subject to subsection (c), 10 calendar days after the joint resolution is placed on the calendar under paragraph (1)-- ``(A) the joint resolution shall be deemed passed by each House of Congress; and ``(B)(i) if the joint resolution was introduced in the House of Representatives, the Clerk of the House of Representatives shall enroll the joint resolution for presentation to the President; and ``(ii) if the joint resolution was introduced in the Senate, the Secretary of the Senate shall take no further action. ``(c)(1) If during the 30-calendar day period beginning on the date of introduction of a joint resolution under subsection (a), a petition is signed and filed by 20 percent or more of the Members of either House of Congress objecting to the approval of a major rule, subsection (b)(2) shall not apply to a joint resolution introduced in either House of Congress relating to the major rule which is the subject of the petition. ``(2) A petition under this subsection may be filed with the Secretary of the Senate or the Clerk of the House of Representatives, as appropriate, and both such officers shall accept such a filing on any day on which the Senate or the House of Representatives is not in session. ``(3) The Secretary of the Senate or the Clerk of the House of Representatives shall submit a copy of any petition and a copy of the relevant joint resolution to the Comptroller General on the date on which a petition is filed. ``(d) Not later than 45 days after the date on which a petition is filed under subsection (c), the Comptroller General shall submit a report to the Secretary of the Senate and the Clerk of the House of Representatives on the applicable major rule. The report shall include a regulatory analysis of the major rule and an assessment of the compliance of the agency proposing the rule with section 803. Upon submission of the report, the report and the joint resolution of approval shall be published in the Federal Register. ``(e)(1) On or after the date on which the Comptroller General submits a report under subsection (d), it is at any time in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the joint resolution shall remain the unfinished business of the respective House until disposed of. An amendment to the joint resolution shall not be in order. ``(2) Debate on the joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the joint resolution. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order. A motion to reconsider the vote by which the joint resolution is agreed to or disagreed to is not in order. ``(3) Immediately following the conclusion of the debate on a joint resolution, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the joint resolution shall occur. ``(4) Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a joint resolution shall be decided without debate. ``(5) If, before the passage by one House of a joint resolution of that House, that House receives from the other House a resolution, then the following procedures shall apply: ``(A) The joint resolution of the other House shall not be referred to a committee. ``(B) With respect to a joint resolution of the House receiving the joint resolution-- ``(i) the procedure in that House shall be the same as if no joint resolution had been received from the other House; but ``(ii) the vote on final passage shall be on the joint resolution of the other House. ``(f) This section is enacted by Congress-- ``(1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution described in subsection (a), and it supersedes other rules only to the extent that it is inconsistent with such rules; and ``(2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. ``Sec. 805. Presidential interim approval ``(a)(1) A major rule that would not take effect by reason of sections 803 and 804 may take effect as provided under this section if the President makes a determination under paragraph (2) and submits a written notice of such determination to the Congress. ``(2) Paragraph (1) applies to a determination made by the President by Executive order that the major rule should take effect because such major rule is-- ``(A) necessary because of an imminent threat to health or safety or other emergency; ``(B) necessary for the enforcement of criminal laws; ``(C) necessary for national security; or ``(D) issued pursuant to any statute implementing an international trade agreement. ``(b)(1) A major rule may be effective under this section during the period beginning on the date of the submission of a notice relating to the rule under subsection (a) and the date on which-- ``(A) the President signs a joint resolution of approval of the major rule; or ``(B) either House of Congress votes against a joint resolution of approval of the major rule. ``(2) If a joint resolution of approval is approved by Congress after a veto by the President, the agency promulgating the major rule may treat the major rule as though the veto had not occurred. ``Sec. 806. Prohibition on another rule in substantially same form ``During the 6-month period beginning on the date on which a vote occurs in either House of Congress that disapproves a joint resolution of approval of a major rule under section 804-- ``(1) an agency may not promulgate that major rule in substantially the same form; and ``(2) another rule that is substantially the same as that major rule may not be promulgated, unless a law enacted after the disapproval of the joint resolution specifically authorizes the promulgation of another rule. ``Sec. 807. Judicial review ``(a) A major rule that is approved by a joint resolution under this chapter (other than a rule approved by a joint resolution deemed passed under section 804(b)(2)) shall not be subject to judicial review. ``(b) A major rule to which section 805 applies shall not be subject to judicial review during the period described under section 805(b).''. SEC. 3. PROGRAM FOR REVIEW OF AGENCY RULES. (a) Definitions.--In this section the terms ``agency'' and ``rule'' have the meanings given such terms under section 551 of title 5, United States Code. (b) Program for Review of Agency Rules.-- (1) Authorization.--The President may establish by Executive order a program for the systematic review of rules. (2) Contents of program.--At a minimum, a program established under this section shall-- (A) contain the procedural safeguards in effect under Executive order 12,866; (B) limit the total period of executive review to not more than 90 calendar days; (C) require periodic public disclosure of the status of rules under review; (D)(i) require maintaining a record of all contacts between employees of an agency and persons who are not Federal employees with respect to a rule; and (ii) require public disclosure of such contacts; and (E) require the public disclosure of each draft of a rule submitted for review to a reviewing authority, with identification of any changes made at the suggestion of the reviewing authority, at the time the proposed rule is published in the Federal Register for public comment. SEC. 4. EFFECTIVE DATE. This Act and the amendment made by this Act shall take effect 180 days after the date of enactment of this Act.

Defines major rule as any rule that the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget finds has resulted in or is likely to result in: (1) an annual effect on the economy of $100 million or more; (2) a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; or (3) significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of U.S.-based enterprises to compete with foreign-based enterprises in domestic and export markets. Excludes from the meaning of major rule any rule promulgated under the Telecommunications Act of 1996 and the amendments made by that Act. Declares that any major rule approved by a joint resolution (other than one deemed passed) shall not be subject to judicial review. Authorizes the President to establish by Executive order a program for the systematic review of rules.

Congressional Regulatory Review Reform Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Homeland Security Insider Threat and Mitigation Act of 2017''. SEC. 2. ESTABLISHMENT OF INSIDER THREAT PROGRAM. (a) In General.--Title I of the Homeland Security Act of 2002 (6 U.S.C. 111 et seq.) is amended by adding at the end the following new section: ``SEC. 104. INSIDER THREAT PROGRAM. ``(a) Establishment.--The Secretary shall establish an Insider Threat Program within the Department. Such Program shall-- ``(1) provide training and education for Department personnel to identify, prevent, mitigate, and respond to insider threat risks to the Department's critical assets; ``(2) provide investigative support regarding potential insider threats that may pose a risk to the Department's critical assets; and ``(3) conduct risk mitigation activities for insider threats. ``(b) Steering Committee.-- ``(1) In general.--The Secretary shall establish a Steering Committee within the Department. The Under Secretary for Intelligence and Analysis shall serve as the Chair of the Steering Committee. The Chief Security Officer shall serve as the Vice Chair. The Steering Committee shall be comprised of representatives of the Office of Intelligence and Analysis, the Office of the Chief Information Officer, the Office of the General Counsel, the Office for Civil Rights and Civil Liberties, the Privacy Office, the Office of the Chief Human Capital Officer, the Office of the Chief Financial Officer, the Federal Protective Service, the Office of the Chief Procurement Officer, the Science and Technology Directorate, and other components or offices of the Department as appropriate. Such representatives shall meet on a regular basis to discuss cases and issues related to insider threats to the Department's critical assets, in accordance with subsection (a). ``(2) Responsibilities.--Not later than 1 year after the date of the enactment of this section, the Under Secretary for Intelligence and Analysis and the Chief Security Officer, in coordination with the Steering Committee established pursuant to paragraph (1), shall-- ``(A) develop a holistic strategy for Department- wide efforts to identify, prevent, mitigate, and respond to insider threats to the Department's critical assets; ``(B) develop a plan to implement the insider threat measures identified in the strategy developed under subparagraph (A) across the components and offices of the Department; ``(C) document insider threat policies and controls; ``(D) conduct a baseline risk assessment of insider threats posed to the Department's critical assets; ``(E) examine existing programmatic and technology best practices adopted by the Federal Government, industry, and research institutions to implement solutions that are validated and cost-effective; ``(F) develop a timeline for deploying workplace monitoring technologies, employee awareness campaigns, and education and training programs related to identifying, preventing, mitigating, and responding to potential insider threats to the Department's critical assets; ``(G) require the Chair and Vice Chair of the Steering Committee to consult with the Under Secretary for Science and Technology and other appropriate stakeholders to ensure the Insider Threat Program is informed, on an ongoing basis, by current information regarding threats, beset practices, and available technology; and ``(H) develop, collect, and report metrics on the effectiveness of the Department's insider threat mitigation efforts. ``(c) Definitions.--In this section: ``(1) Critical assets.--The term `critical assets' means the people, facilities, information, and technology required for the Department to fulfill its mission. ``(2) Insider.--The term `insider' means-- ``(A) any person who has access to classified national security information and is employed by, detailed to, or assigned to the Department, including members of the Armed Forces, experts or consultants to the Department, industrial or commercial contractors, licensees, certificate holders, or grantees of the Department, including all subcontractors, personal services contractors, or any other category of person who acts for or on behalf of the Department, as determined by the Secretary; or ``(B) State, local, tribal, territorial, and private sector personnel who possess security clearances granted by the Department. ``(3) Insider threat.--The term `insider threat' means the threat that an insider will use his or her authorized access, wittingly or unwittingly, to do harm to the security of the United States, including damage to the United States through espionage, terrorism, the unauthorized disclosure of classified national security information, or through the loss or degradation of departmental resources or capabilities.''. (b) Reporting.-- (1) In general.--Not later than 2 years after the date of the enactment of section 104 of the Homeland Security Act of 2002 (as added by subsection (a) of this section) and the biennially thereafter for the next 4 years, the Secretary of Homeland Security shall submit to the Committee on Homeland Security and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Select Committee on Intelligence of the Senate a report on how the Department of Homeland Security and its components and offices have implemented the strategy developed pursuant to subsection (b)(2)(A) of such section 104, the status of the Department's risk assessment of critical assets, the types of insider threat training conducted, the number of Department employees who have received such training, and information on the effectiveness of the Insider Threat Program (established pursuant to subsection (a) of such section 104), based on metrics developed, collected, and reported pursuant to subsection (b)(2)(H) of such section 104. (2) Definitions.--In this subsection, the terms ``critical assets'', ``insider'', and ``insider threat'' have the meanings given such terms in section 104 of the Homeland Security Act of 2002 (as added by subsection (a) of this section). (c) Clerical Amendment.--The table of contents of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 103 the following new item: ``Sec. 104. Insider Threat Program.''. Passed the House of Representatives January 31, 2017. Attest: KAREN L. HAAS, Clerk.

. Department of Homeland Security Insider Threat and Mitigation Act of 2017 (Sec. 2) This bill amends the Homeland Security Act of 2002 to direct the Department of Homeland Security (DHS) to establish an Insider Threat Program, which shall: (1) provide training and education for DHS personnel to identify, prevent, mitigate, and respond to insider threat risks to DHS's critical assets; (2) provide investigative support regarding such threats; and (3) conduct risk mitigation activities for such threats. DHS shall establish a Steering Committee. The Under Secretary for Intelligence and Analysis shall serve as the Chair and the Chief Security Officer as the Vice Chair of the Committee. The Under Secretary and the Chief Security Officer, in coordination with the Steering Committee, shall: develop a holistic strategy for DHS-wide efforts to identify, prevent, mitigate, and respond to insider threats to DHS's critical assets; develop a plan to implement the strategy across DHS components and offices; document insider threat policies and controls; conduct a baseline risk assessment of such threats; examine existing programmatic and technology best practices adopted by the federal government, industry, and research institutions; develop a timeline for deploying workplace monitoring technologies, employee awareness campaigns, and education and training programs related to potential insider threats; consult with the the Under Secretary for Science and Technology and other stakeholders to ensure that the Insider Threat Program is informed by current information regarding threats, best practices, and available technology; and develop, collect, and report metrics on the effectiveness of DHS's insider threat mitigation efforts. DHS must submit to specified congressional committees biennial reports over the next six years on: how DHS and its components and offices have implemented such strategy; the status of DHS's risk assessment of critical assets; the types of insider threat training conducted; the number of DHS employees who have received such training; and information on the effectiveness of the Insider Threat Program, based on such metrics.

Department of Homeland Security Insider Threat and Mitigation Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Child Care for the Gulf Coast Region Act of 2006''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Studies have stated that reopening child care facilities was crucial for helping parents get back to work and businesses to recover. (2) Studies have shown that without available and affordable child care economic recovery will be greatly impeded and lead to a reduction in worker productivity. (3) In New Orleans before Hurricanes Katrina and Rita, the city had 1,912 day-care slots at 266 licensed centers, but now 80 percent of those centers and 75 percent of those slots are gone. (4) The National Association of Child Care Resource and Referral Agencies reported in a study published by the Mississippi State University Early Childhood Institute that between 62 to 94 percent of the licensed child care slots in the three coastal counties hardest hit by Hurricanes Katrina and Rita in Mississippi were lost. (5) In Jackson County, Mississippi, initial assessment found that one-fourth of the county's licensed centers were damaged beyond repair, representing 11 percent of the county's licensed child care capacity. Another 39 percent of centers needed repairs. TITLE I--EMERGENCY CHILD CARE BUSINESS INCENTIVE GRANT PROGRAM FOR THE GULF COAST REGION SEC. 101. ESTABLISHMENT. The Secretary of Health and Human Services shall establish a program to make grants to-- (1) businesses and consortia in the Gulf Coast Region-- (A) to pay start-up costs incurred to provide child care services; or (B) to provide additional child care services needed by the employees of such businesses; and (2) nonprofit business organizations in the Gulf Coast Region to provide technical information and assistance to enable businesses to provide child care services. SEC. 102. ELIGIBILITY TO RECEIVE GRANTS. To be eligible to receive a grant under section 101, a business, nonprofit business organization, or consortium shall submit to the Secretary an application in accordance with section 103. SEC. 103. APPLICATION. The application required by section 102 shall be submitted by a business, nonprofit business organization, or consortium at such time, in such form, and containing such information as the Secretary may require by rule, except that such application shall contain-- (1) an assurance that the applicant shall expend, for the purpose for which such grant is made, an amount not less than 10 percent of the amount of such grant; (2) an assurance that such applicant will expend such grant for the use specified in paragraph (1) or (2) of section 101, as the case may be; (3) an assurance that such applicant will employ strategies to ensure that child care services provided by such applicant, or provided with the technical information and assistance made available by such applicant, are provided at affordable rates, and on an equitable basis, to low- and moderate-income employees; (4) an assurance that such applicant-- (A) in the case of a business or consortium, will comply with all State and local licensing requirements applicable to such business or consortium concerning the provision of child care services; or (B) in the case of a nonprofit business organization, will employ procedures to ensure that technical information and assistance provided under this title by such business organization will be provided only to businesses that provide child care services in compliance with all State and local licensing requirements applicable to child care providers in such State; and (5) in the case of a business or consortium, an assurance that if the employees of such applicant do not require all the child care services for which such grant and the funds required by paragraph (1) are to be expended by such applicant, the excess of such child care services shall be made available to families in the community in which such applicant is located. SEC. 104. SELECTION OF GRANTEES. For purposes of selecting applicants to receive grants under this title, the Secretary shall give priority to businesses that have fewer than 200 full-time employees. To the extent practicable, the Secretary shall-- (1) make grants equitably under this title to applicants located in all geographical regions of the United States; and (2) give priority to applicants for grants under section 101(1). SEC. 105. DEFINITIONS. As used in this title: (1) Business.--The term ``business'' means a person engaged in commerce whose primary activity is not providing child care services. (2) Child care services.--The term ``child care services'' means care for a child that is-- (A) provided on the site at which a parent of such child is employed or at a site nearby in the community; and (B) subsidized at least in part by the business that employs such parent. (3) Consortium.--The term ``consortium'' means 4 or more businesses acting jointly. A consortium may also include a nonprofit private organization. (4) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (5) Gulf coast region.--The term ``Gulf Coast Region'' means the area in which the President has declared that a major disaster exists, in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170), as a consequence of Hurricanes Katrina and Rita. SEC. 106. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this title $1,500,000 for each of the fiscal years 2007 through 2009. TITLE II--EMERGENCY DEVELOPMENT OF A CHILD CARE TRAINING INFRASTRUCTURE IN THE GULF COAST REGION SEC. 201. GRANTS. (a) Authority.--The Secretary of Health and Human Services shall award grants to eligible entities to develop distance learning child care training technology infrastructures in the Gulf Coast Region and to develop model technology-based training courses for child care providers and child care workers in the Gulf Coast Region, to be provided through distance learning programs made available through the infrastructure. The Secretary shall, to the maximum extent possible, ensure that such grants are awarded in those areas of the Gulf Coast Region with the fewest training opportunities for child care providers. (b) Eligibility Requirements.--To be eligible to receive a grant under subsection (a), an entity shall-- (1) develop the technological and logistical aspects of the infrastructure described in this section and have the capability of implementing and maintaining the infrastructure; (2) to the maximum extent possible, develop partnerships with secondary schools, institutions of higher education, State and local government agencies, and private child care organizations for the purpose of sharing equipment, technical assistance, and other technological resources, including-- (A) developing sites from which individuals may access the training; (B) converting standard child care training courses to programs for distance learning; and (C) promoting ongoing networking among program participants; and (3) develop a mechanism for participants to-- (A) evaluate the effectiveness of the infrastructure, including the availability and affordability of the infrastructure, and the training offered through the infrastructure; and (B) make recommendations for improvements to the infrastructure. (c) Application.--To be eligible to receive a grant under subsection (a), an entity shall submit an application to the Secretary at such time and in such manner as the Secretary may require, and that includes-- (1) a description of the partnership organizations through which the distance learning programs will be made available; (2) the capacity of the infrastructure in terms of the number and type of distance learning programs that will be made available; (3) the expected number of individuals to participate in the distance learning programs; and (4) such additional information as the Secretary may require. (d) Limitation on Fees.--No entity receiving a grant under this section may collect fees from an individual for participation in a distance learning program funded in whole or in part under this section that exceed the pro rata share of the amount expended by the entity to provide materials for the program and to develop, implement, and maintain the infrastructure (minus the amount of the grant awarded under this section). (e) Rule of Construction.--Nothing in this section shall be construed as requiring a child care provider to subscribe to or complete a distance learning program made available under this section. SEC. 202. DEFINITION. In this title, the term ``Gulf Coast Region'' means the area in which the President has declared that a major disaster exists, in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170), as a consequence of Hurricanes Katrina and Rita. SEC. 203. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this title $1,000,000 for each of fiscal years 2007 through 2009. TITLE III--EMERGENCY CHILD CARE PROVIDER DEVELOPMENT AND RETENTION GRANT PROGRAM IN THE GULF COAST REGION SEC. 301. GRANTS. (a) In General.--The Secretary of Health and Human Services shall make grants available to eligible child care providers in the Gulf Coast Region in accordance with this section, to improve the qualifications and promote the retention of qualified child care providers. (b) Eligibility To Receive Grants.--To be eligible to receive a grant under this section, a child care provider shall-- (1) have a child development associate credential (or equivalent), an associate of the arts degree in the area of child development or early child education, a baccalaureate degree in the area of child development or early child education, or a baccalaureate degree in an unrelated field; and (2) be employed as a child care provider for not less than 1 calendar year, or (if the provider is employed on the date of the eligibility determination in a child care program that operates for less than a full calendar year) the program equivalent of 1 calendar year, ending on the date of the application for such grant, except that not more than 3 months of education related to child development or to early child education obtained during the corresponding calendar year may be treated as employment that satisfies the requirements of this paragraph. (c) Preservation of Eligibility.--A State shall not take into consideration whether a child care provider is receiving, may receive, or may be eligible to receive any funds or benefits under any other provision of this Act for purposes of selecting eligible child care providers to receive grants under this section. TITLE IV--CHILD CARE PROVIDER SCHOLARSHIP PROGRAM SEC. 401. SCHOLARSHIP GRANTS. (a) In General.--The Secretary of Health and Human Services shall make scholarship grants available to eligible child care providers in accordance with this section to improve their educational qualifications to provide child care services. (b) Eligibility Requirement for Scholarship Grants.--To be eligible to receive a scholarship grant under this section, a child care provider shall be employed as a child care provider for not less than 1 calendar year, or (if the provider is employed on the date of the eligibility determination in a child care program that operates for less than a full calendar year) the program equivalent of 1 calendar year, ending on the date of the application for such grant. (c) Selection of Grantees.--For purposes of selecting eligible child care providers to receive scholarship grants under this section and determining the amounts of such grants, a State shall not-- (1) take into consideration whether a child care provider is receiving, may receive, or may be eligible to receive any funds or benefits under any other provision of this Act, or under any other Federal or State law that provides funds for educational purposes; or (2) consider as resources of such provider any funds such provider is receiving, may receive, or may be eligible to receive under any other provision of this Act, under any other Federal or State law that provides funds for educational purposes, or from a private entity. (d) Cost-Sharing Required.--The amount of a scholarship grant made under this section to an eligible child care provider shall be equal to or less than the cost of the educational or training program for which such grant is made. (e) Annual Maximum Scholarship Grant Amount.--The maximum aggregate dollar amount of a scholarship grant made to an eligible child care provider under this section in a fiscal year shall be $7,500.

Emergency Child Care for the Gulf Coast Region Act of 2006 - Requires the Secretary of Health and Human Services to establish grant programs for: (1) businesses and consortia in the Gulf Coast Region to pay start-up costs and to provide additional child care services for employees; (2) nonprofit business organizations in the Region to provide technical assistance to such businesses for child care services; (3) entities to develop distance learning child care training technology infrastructures and model technology-based training courses for child care providers and workers in the Region; and (4) child care providers in the Region to improve the qualifications and promote the retention of such providers. Defines "Gulf Coast Region" to mean the area declared by the President to be a major disaster as a consequence of Hurricanes Katrina and Rita. Requires the Secretary of Health and Human Services to make scholarship grants to child care providers to improve their educational qualifications to provide services.

To provide emergency child care in the Gulf Coast Region, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Educational Technology Utilization Extension Assistance Act''. SEC. 2. PURPOSE. It is the purpose of this Act to improve the utilization of educational technologies in elementary and secondary education by creating an educational technology extension service based at undergraduate institutions of higher education. SEC. 3. FINDINGS. The Congress finds the following: (1) Extension services such as the Manufacturing Extension Partnership and the Agricultural Extension Service have proven to be effective public/private partnerships to integrate new technologies and to improve utilization of existing technologies by small to medium sized manufacturers and the United States agricultural community. (2) Undergraduate institutions of higher education working with non-profit organizations, State, and Federal agencies can tailor educational technology extension programs to meet specific local and regional requirements. (3) Undergraduate institutions of higher education, often with the assistance of the National Science Foundation, have for the past 20 years been integrating educational technologies into their curricula, and as such they can draw upon their own experiences to advise elementary and secondary school educators on ways to integrate a variety of educational technologies into the educational process. (4) Many elementary and secondary school systems, particularly in rural and traditionally under served areas, lack general information on the most effective methods to integrate their existing technology infrastructure, as well as new educational technology, into the educational process and curriculum. (5) Most Federal and State educational technology programs have focused on acquiring educational technologies with less emphasis on the utilization of those technologies in the classroom and the training and infrastructural requirements needed to efficiently support those types of technologies. As a result, in many instances, the full potential of educational technology has not been realized. (6) Our global economy is increasingly reliant on a workforce not only comfortable with technology, but also able to integrate rapid technological changes into the production process. As such, in order to remain competitive in a global economy, it is imperative that we maintain a work-ready labor force. (7) According to ``Teacher Quality: A Report on the Preparation and Qualifications of Public School Teacher'', prepared by the Department of Education, only 1 in 5 teachers felt they were well prepared to work in a modern classroom. (8) The most common form of professional development for teachers continue to be workshops that typically last no more than one day and have little relevance to teachers' work in the classroom. (9) A 1998 national survey completed by the Department of Education found that only 19 percent of teachers had been formally mentored by another teacher, and that 70 percent of these teachers felt that this collaboration was very helpful to their teaching. SEC. 4. PROGRAM AUTHORIZED. (a) General Authority.--The Director of the National Science Foundation, in cooperation with the Secretary of Education and the Director of the National Institute of Standards and Technology, shall provide assistance for the creation and support of regional centers for the utilization of educational technologies (hereinafter in this Act referred to as ``ETU Centers''). (b) Functions of Centers.-- (1) Establishment.--ETU Centers may be established at any institution of higher education, but such centers may include the participation of non-profit entities, organizations, or groups thereof. (2) Objectives of centers.--The objective of the ETU Centers is to enhance the utilization of educational technologies in elementary and secondary education through-- (A) advising of elementary and secondary school administrators, school boards, and teachers on the adoption and utilization of new educational technologies and the utility of local schools' existing educational technology assets and infrastructure; (B) participation of individuals from the private sector, universities, State and local governments, and other Federal agencies; (C) active dissemination of technical and management information about the use of educational technologies; and (D) utilization, where appropriate, of the expertise and capabilities that exists in Federal laboratories and Federal agencies. (3) Activities of centers.--The activities of the ETU Centers shall include the following: (A) The active transfer and dissemination of research findings and ETU Center expertise to local school authorities, including but not limited to school administrators, school boards, and teachers. (B) The training of teachers in the integration of local schools existing educational technology infrastructure into their instructional design. (C) The training and advising of teachers, administrators, and school board members in the acquisition, utilization, and support of educational technologies. (D) Support services to teachers, administrators, and school board members as agreed upon by ETU Center representatives and local school authorities. (E) The advising of teachers, administrators, and school board members on current skill set standards employed by private industry. (c) Program Administration.-- (1) Proposed rules.--The Director of the National Science Foundation, after consultation with the Secretary of Education and the Director of the National Institute of Standards and Technology, shall publish in the Federal Register, within 90 days after the date of the enactment of this Act, a proposed rules for the program for establishing ETU Centers, including-- (A) a description of the program; (B) the procedure to be followed by applicant; (C) the criteria for determining qualified applicants; and (D) the criteria, including those listed in the following sections, for choosing recipients of financial assistance under this section from among qualified applicants. (2) Final rules.--The Director of the National Science Foundation shall publish final rules for the program under this Act after the expiration of a 30-day comment period on such proposed rules. (d) Eligibility and Selection.-- (1) Applications required.--Any undergraduate institution of higher education, consortia of such institutions, non-profit organizations, or groups thereof may submit an application for financial support under this section in accordance with the procedures established under subsection (c). In order to receive assistance under this Act, an applicant shall provide adequate assurances that will contribute 50 percent or more of the proposed Center's capital and annual operating and maintenance costs. (2) Selection.--The Director of the National Science Foundation, in conjunction with the Secretary of Education and the Director of the National Institute of Standards and Technology, shall subject each application to competitive, merit review. In making a decision whether to approve such application and provide financial support under this section, the Director of the National Science Foundation shall consider at a minimum-- (A) the merits of the application, particularly those portions of the application regarding the adaption of training and educational technologies to the needs of particular regions; (B) the quality of service to be provided; (C) the geographical diversity and extent of service area, with particular emphasis on rural and traditionally underdeveloped areas; and (D) the percentage of funding and amount of in-kind commitment from other sources. (3) Evaluation.--Each ETU Center which receives financial assistance under this section shall be evaluated during its third year of operation by an evaluation panel appointed by the Director of the National Science Foundation. Each evaluation panel shall measure the involved Center's performance against the objectives specified in this section. Funding for an ETU Center shall not be renewed unless the evaluation is positive. SEC. 6. DEFINITION. As used in this Act, the term ``institution of higher education'' has the meaning given that term by section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).

Educational Technology Utilization Extension Assistance Act - Requires the Director of the National Science Foundation (NSF), in cooperation with the Secretary of Education and the Director of the National Institute of Standards and Technology (NIST), to provide assistance for the creation and support of regional centers for the utilization of educational technologies (ETU Centers). Allows ETU Centers to be established at any institution of higher education, and to include the participation of non-profit entities and organizations. Requires ETU Centers to enhance the use of educational technologies in elementary and secondary education through: (1) advising school administrators, school boards, and teachers on adopting and using new educational technologies and the usefulness of local schools' existing educational technology assets and infrastructure; (2) participation of individuals from the private sector, universities, State and local governments, and other Federal agencies; (3) active dissemination of technical and management information about the use of educational technologies; and (4) appropriate use of the expertise and capabilities that exist in Federal laboratories and Federal agencies. Requires ETU Centers' activities to include: (1) active transfer and dissemination of research findings and ETU Center expertise to local school authorities; (2) training teachers in integrating schools' existing educational technology infrastructure into their instructional design; (3) training and advising teachers, administrators, and school board members in acquiring, using, and supporting educational technologies; (4) support services to teachers, administrators, and school board members; and (5) advising teachers, administrators, and school board members on current skill set standards employed by private industry. Sets forth requirements for program administration and application and selection procedures. Allows any undergraduate institution of higher education, consortia of such institutions and non-profit organizations to apply for financial support in accordance with the procedures. Requires each applicant to provide adequate assurances that it will contribute 50 percent or more of the proposed ETU Center's capital and annual operating and maintenance costs. Requires the NSF Director, in conjunction with the Secretary of Education and the NIST Director, to subject each application to competitive merit review, including specified considerations. Requires each ETU Center to be evaluated during its third year of operation. Requires a positive evaluation for renewal of funding.

Educational Technology Utilization Extension Assistance Act

SECTION 1. SHORT TITLE; REFERENCE. (a) Short Title.--This Act may be cited as the ``Black Lung Benefits Restoration Act''. (b) Reference.--Whenever in this Act (other than section 9(a) (1), 10, 11, or 12) 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 Black Lung Benefits Act (30 U.S.C. 901 et seq.). SEC. 2. BENEFIT OVERPAYMENT. Part C is amended by adding at the end the following: ``Sec. 436. (a) The repayment of benefits paid on a claim filed under this part before the final adjudication of the claim shall not be required if the claim was finally denied, unless fraud or deception was used to procure the payment of such benefits. ``(b) The trust fund shall refund any payments made to it as a reimbursement of benefits paid on a claim filed under this part before the final adjudication of the claim, unless fraud or deception was used to procure the payment of such benefits. ``(c) The trust fund shall reimburse an operator for any benefits paid on a claim filed under this part before the final adjudication of the claim if the claim was finally denied. ``(d) If on a claim for benefits filed under this part-- ``(1) the Secretary makes an initial determination-- ``(A) of eligibility; or ``(B) that particular medical benefits are payable; or ``(2) an award of benefits is made, the operator found to be the responsible operator under section 422(h) shall, within 30 days of the date of such determination or award, commence the payment of monthly benefits accruing thereafter and of medical benefits that have been found payable. If an operator fails to timely make any payment required by an initial determination or by an award, such determination or award shall be considered final as of the date of its issuance.''. SEC. 3. EVIDENCE. Section 422 (30 U.S.C. 932) is amended by adding at the end the following: ``(m)(1)(A) During the course of all proceedings on a claim for benefits under this part, the results of not more than 3 medical examinations and 3 interpretations of chest roentgenograms offered by the claimant may be received as evidence to support eligibility for benefits. ``(B) During the course of all proceedings on a claim for benefits under this part, the responsible operator or the trust fund-- ``(i) may require, at no expense to the claimant, that the claimant undergo certain medical examinations, but the responsible operator or trust fund may not submit or require more medical examinations than are conducted and submitted during the course of all proceedings by the claimant; and ``(ii) may offer into evidence the set of results of one chest roentgenogram for each set of chest roentgenogram results that are offered into evidence by the claimant. ``(C) An administrative law judge may require the miner to submit to a medical examination by a physician assigned by the District Director if the administrative law judge determines that, at any time, there is good cause for requiring such examination. For purposes of this subparagraph, good cause shall exist only when the administrative law judge is unable to determine from existing evidence whether the claimant is entitled to benefits. ``(D) The complete pulmonary evaluation provided each miner under section 413(b) and any consultative evaluation developed by the District Director shall be received into evidence notwithstanding subparagraph (A) or (B). ``(E) Any record of-- ``(i) hospitalization for a pulmonary or related disease; ``(ii) medical treatment for a pulmonary or related disease; and ``(iii) a biopsy or an autopsy, may be received into evidence notwithstanding subparagraph (A) or (B). ``(2) In addition to the medical examinations authorized by paragraph (1), each party may submit not more than one interpretive medical opinion whether presented as documentary evidence or in oral testimony. Such medical opinion may review other evidence derived from chest roentgenograms, blood gas studies, or pulmonary function studies contained in the reports offered under this subsection. ``(3) A request for modification of a denied claim under section 22 of the Longshore and Harbor Workers' Compensation Act, as made applicable to this Act by subsection (a) of this section, shall be considered as if it were a new claim for the purpose of applying the limitations prescribed by paragraphs (1) and (2). ``(4) The opinion of a miner's treating physician, if offered in accordance with paragraph (1)(A), shall be given substantial weight over the opinion of other physicians in determining the claimant's eligibility for benefits if the treating physician is board-certified in a specialty relevant to the diagnosis of total disability or death due to pneumoconiosis. ``(5) For purposes of this subsection, a medical examination consists of a physical examination and all appropriate clinical studies (not including a biopsy or an autopsy) related to the diagnosis of total disability or death due to pneumoconiosis.''. SEC. 4. SURVIVOR BENEFITS. (a) Death.--Section 422 (30 U.S.C. 932), as amended by section 3, is amended by adding at the end the following: ``(n) If an eligible survivor files a claim for benefits under this part and if the miner-- ``(1) was receiving benefits for pneumoconiosis pursuant to a final adjudication under this part; or ``(2) was totally disabled by pneumoconiosis at the time of the miner's death, the miner's death shall be considered to have occurred as a result of the pneumoconiosis, unless the miner's death was the result of an event that had no medical connection with the pneumoconiosis.''. (b) Rules for Widows and Widowers.--Section 422 (30 U.S.C. 932), as amended by subsection (a), is amended by adding at the end the following: ``(o)(1) A widow or widower of a miner who was married to the miner for less than 9 months at any time preceding the miner's death is not qualified to receive survivor benefits under this part unless the widow or widower was the natural or adoptive parent of the miner's child. ``(2) The widow or widower of a miner is disqualified to receive survivor benefits under this part if the widow or widower remarries before attaining the age of 50. ``(3) A widow or widower may not receive an augmentation in survivor benefits on any basis arising out of a remarriage of the widow or widower.''. SEC. 5. RESPONSIBLE OPERATOR. Section 422(h) (30 U.S.C. 932(h)) is amended by inserting ``(1)'' after ``(h)'' and by adding at the end the following: ``(2)(A) Prior to issuing an initial determination of eligibility, the Secretary shall, after investigation, notice, and a hearing as provided in section 19 of the Longshore and Harbor Workers' Compensation Act, as made applicable to this Act by subsection (a) of this section, determine whether any operator meets the Secretary's criteria for liability as a responsible operator under this Act. If a hearing is timely requested on the liability issue, the decision of the administrative law judge conducting the hearing shall be issued not later than 120 days after such request and shall not be subject to further appellate review. ``(B) If the administrative law judge determines that an operator's request for a hearing on the liability issue was made without reasonable grounds, the administrative law judge may assess the operator for the costs of the proceeding (not to exceed $750).''. SEC. 6. ATTORNEY FEES. (a) Eligibility for Fees.--Section 422 (30 U.S.C. 932), as amended by section 4(b), is amended by adding at the end the following: ``(p)(1) If in any administrative or judicial proceeding on a claim for benefits a determination is made that a claimant is entitled to such benefits, the claimant shall be entitled to receive all reasonable costs and expenses (including expert witness and attorney's fees) incurred by the claimant in such proceeding and in any other administrative or judicial proceeding on such claim occurring before such proceeding. ``(2) In the case of a proceeding held with respect to such claim-- ``(A) the person or Board that made the determination that the claimant is entitled to benefits in an administrative proceeding and any other person or Board that made a prior determination in an administrative proceeding on such claim; or ``(B) the court in the case of a judicial proceeding, shall determine the amount of all costs and expenses (including expert witness and attorney's fees) incurred by the claimant in connection with any such proceeding and shall assess the operator responsible to the claimant for such costs and expenses that are reasonable or if there is not an operator responsible to the claimant, shall assess the fund for such costs and expenses. ``(3) The determination of such costs and expenses shall be made within 60 days of the date the claimant submits a petition for the payment of such costs and expenses to a person, the Board, or court that made a determination on the claimant's claim. The person, Board, or court receiving such petition shall take such action as may be necessary to assure that such costs and expenses are paid within 45 days of the date of the determination of such costs and expenses unless a motion to reconsider-- ``(A) the amount of such costs and expenses; or ``(B) the person liable for the payment of such amount, is pending. ``(4) If an operator pays costs and expenses assessed under paragraph (1) and if the claimant for whom such costs and expenses were paid is determined in a later proceeding not to be eligible for benefits under this part, the fund shall pay the operator the amount paid for such costs and expenses. ``(5) Section 28(e) of the Longshore and Harbor Workers' Compensation Act shall apply with respect to any person who receives costs and expenses that are paid under this subsection on account of services rendered a claimant.''. (b) Effective Date.--The amendment made by subsection (a) shall apply only with respect to claims that are filed for the first time after the date of the enactment of this Act and shall not apply with respect to any claim that is filed before such date and that is refiled under section 8 of this Act after such date. SEC. 7. ADMINISTRATION. (a) Appeals to the Benefits Review Board.--No appeal of an order in a proceeding under the Black Lung Benefits Act may be made by a claimant or respondent to the Benefits Review Board unless such order has been made by an administrative law judge. (b) Acquiescence.--The Secretary of Labor may not delegate to the Benefits Review Board the authority to refuse to acquiesce in a decision of a Federal court. SEC. 8. REFILING. Any claim filed under the Black Lung Benefits Act after January 1, 1982, but before the date of the enactment of this Act, may be refiled under such Act after the date of the enactment of this Act for a de novo review on the merits. SEC. 9. DEFINITIONS. (a) Coke Ovens.-- (1) Federal mine safety and health act of 1977.--Section 3 of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 802) is amended-- (A) in subsection (d), by inserting before the semicolon the following: ``or who operates a coke oven or any machine shop or other operation reasonably related to the coke oven''; (B) in subsection (g), by inserting before the semicolon the following: ``or working at a coke oven or in any other operation reasonably related to the operation of a coke oven''; and (C) in subsection (h)(2), by inserting before the semicolon the following: ``and includes a coke oven and any operation, structure, or area of land reasonably related to the operation of a coke oven''. (2) Black lung benefits act.--The first sentence of section 402(d) (30 U.S.C. 902(d)) is amended by inserting before the period the following: ``or who works or has worked at a coke oven or in any other operation reasonably related to the operation of a coke oven''. (b) Pneumoconiosis.--Section 402(b) (30 U.S.C. 902(b)) is amended-- (1) by adding after ``sequelae'' the following: ``which disease or sequelae is restrictive or obstructive or both''; and (2) by striking out ``coal mine'' and inserting in lieu thereof ``coal mine or coke oven''. SEC. 10. BENEFITS REVIEW BOARD. Section 21(b)(1) of the Longshoremen's and Harbor Workers' Compensation Act (33 U.S.C. 921(b)(1)) is amended-- (1) by inserting after the first sentence the following new sentence: ``The Secretary shall appoint and fix the compensation of the Benefits Review Board members without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53, relating to classification and the General Schedule pay rates, and without regard to chapter 75, relating to adverse actions.''; (2) in paragraph (5), by striking the sixth sentence; and (3) by adding at the end thereof the following new paragraph: ``(6) The rate of compensation for members of the Board shall not exceed the daily equivalent of the maximum rate specified in section 5376 of title 5, United States Code.''. SEC. 11. COMPENSATION FOR WORK INJURIES REGULATIONS. Section 8149 of title 5, United States Code, is amended-- (1) in the second sentence by striking ``designated or''; and (2) by inserting after the second sentence the following new sentences: ``The Secretary shall appoint and fix the compensation of the Employee's Compensation Appeals Board members without regard to the provisions of this title, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53, relating to classification and the General Schedule pay rates, and without regard to chapter 75, relating to adverse actions. The rate of compensation for members of the Board shall not exceed the daily equivalent of the maximum rate specified in section 5376.''.

Black Lung Benefits Restoration Act - Amends the Black Lung Benefits Act (the Act) to provide that, when black lung benefits are paid after an initial determination of eligibility, repayment of an overpayment will not be required even upon a final determination of ineligibility, if there was no fraud or deception by the claimant. Provides for refunds to claimants of any such repayments required before this Act. Provides for reimbursement by the Black Lung Disability Trust Fund to operators who made such benefit overpayments. Revises evidence requirements. Limits to three the number of medical examinations a claimant may submit, but authorizes an administrative law judge to require the claimant to submit to an additional medical examination. Prohibits the responsible operator or the Trust Fund from submitting or requiring more than the number of medical examinations conducted or submitted during the course of all proceedings by the claimant. Revises requirements for survivor benefits. Provides that a miner's death shall be considered to have occurred as a result of the pneumoconiosis if the miner was receiving benefits for, or was totally disabled by, pneumoconiosis at the time of death. Qualifies to receive survivor benefits any widow or widower of a miner who was married to the miner for at least nine months preceding the miner's death, or who had children as a result of such a marriage. Provides that widows or widowers of miners are not disqualified to receive survivor benefits if they remarry after attaining age 50; but prohibits them from receiving an augmentation in survivor benefits on any basis arising out of a subsequent marriage. Provides for notice and an opportunity for a hearing to appeal the Secretary's initial designation of liability as the responsible operator. Authorizes assessment of proceeding costs against any operator who does not have reasonable grounds to contest the designation. Requires that all reasonable legal costs and expenses incurred by the claimant be paid by the responsible operator, or the Trust Fund, after an administrative or judicial determination that the claimant is entitled to black lung benefits. Requires the Secretary or court to take action to assure that they are paid within 45 days after such determination. Requires the Trust Funds to pay any operator the legal costs the operator paid to a claimant determined in a later proceeding to be ineligible for benefits. Prohibits a claimant or respondent from appealing to the Benefits Review Board any order unless it has been made by an administrative law judge. Allows any claim filed under the Act after January 1, 1982, but before enactment of this Act, to be refiled after enactment of this Act for a de novo review on the merits. Provides for coverage of coke oven operators (or operators of machine shops or other operations reasonably related to coke ovens) under the Act and the Federal Mine Safety and Health Act. Revises provisions for compensation of: (1) the Benefits Review Board, under the Longshoremen's and Harbor Workers' Compensation Act; and (2) the Employee's Compensation Appeals Board, under Federal law relating to Federal employees.

Black Lung Benefits Restoration Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Information Sharing Improvement Act of 2004''. SEC. 2. NATIONAL SECURITY INTELLIGENCE SHARING. (a) Telephone Records.--Section 2709(d) of title 18, United States Code, is amended by striking ``for foreign'' and all that follows through ``such agency''. (b) Consumer Information Under 15 U.S.C. 1681u.--Section 625(f) of the Fair Credit Reporting Act (15 U.S.C. 1681u(f)) is amended to read as follows: ``(f) Dissemination of Information.--The Federal Bureau of Investigation may disseminate information obtained pursuant to this section only as provided in guidelines approved by the Attorney General. ''. (c) Consumer Information Under 15 U.S.C. 1681v.--Section 626 of the Fair Credit Reporting Act (15 U.S.C. 1681v) is amended-- (1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (2) by inserting after subsection (c) the following: ``(d) Dissemination of Information.--The Federal Bureau of Investigation may disseminate information obtained pursuant to this section only as provided in guidelines approved by the Attorney General.''. (d) Financial Records.--Section 1114(a)(5)(B) of the Right to Financial Privacy Act (12 U.S.C. 3414(a)(5)(B)) is amended by striking ``for foreign'' and all that follows through ``such agency''. (e) Records Concerning Certain Government Employees.--Section 802(e) of the National Security Act of 1947 (50 U.S.C. 436(e)) is amended-- (1) by striking ``An agency'' and inserting the following: ``The Federal Bureau of Investigation may disseminate records or information received pursuant to a request under this section only as provided in guidelines approved by the Attorney General. Any other agency''; and (2) in paragraph (3), by striking ``clearly''. (f) Information Obtained in National Security Investigations.-- Section 203(d) of the USA PATRIOT ACT (50 U.S.C. 403-5d) is amended-- (1) in paragraph (1), by striking ``criminal investigation'' each place it appears and inserting ``criminal or national security investigation''; and (2) by amending paragraph (2) to read as follows: ``(2) Definitions.--As used in this subsection-- ``(A) the term `foreign intelligence information' means-- ``(i) information, whether or not concerning a United States person, that relates to the ability of the United States to protect against-- ``(I) actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign power; ``(II) sabotage or international terrorism by a foreign power or an agent of a foreign power; or ``(III) clandestine intelligence activities by an intelligence service or network of a foreign power or by an agent of a foreign power; or ``(ii) information, whether or not concerning a United States person, with respect to a foreign power or foreign territory that relates to-- ``(I) the national defense or the security of the United States; or ``(II) the conduct of the foreign affairs of the United States; and ``(B) the term `national security investigation'-- ``(i) means any investigative activity to protect the national security; and ``(ii) includes-- ``(I) counterintelligence and the collection of intelligence (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 401a)); and ``(II) the collection of foreign intelligence information.''. SEC. 3. GRAND JURY INFORMATION SHARING. (a) Rule Amendments.--Rule 6(e) of the Federal Rules of Criminal Procedure is amended-- (1) in paragraph (3)-- (A) in subparagraph (A)(ii), by striking ``or state subdivision or of an Indian tribe'' and inserting ``, state subdivision, Indian tribe, or foreign government''; (B) in subparagraph (D)-- (i) by inserting after the first sentence the following: ``An attorney for the government may also disclose any grand-jury matter involving a threat of actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign power, domestic or international sabotage, domestic or international terrorism, or clandestine intelligence gathering activities by an intelligence service or network of a foreign power or by an agent of a foreign power, within the United States or elsewhere, to any appropriate Federal, State, state subdivision, Indian tribal, or foreign government official for the purpose of preventing or responding to such a threat.''; and (ii) in clause (i)-- (I) by striking ``federal''; and (II) by adding at the end the following: ``Any State, state subdivision, Indian tribal, or foreign government official who receives information under Rule 6(e)(3)(D) may use the information only consistent with such guidelines as the Attorney General and Director of Central Intelligence shall jointly issue.''; and (C) in subparagraph (E)-- (i) by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively; (ii) by inserting after clause (ii) the following: ``(iii) at the request of the government, when sought by a foreign court or prosecutor for use in an official criminal investigation; ''; and (iii) in clause (iv), as redesignated-- (I) by striking ``state or Indian tribal'' and inserting ``State, Indian tribal, or foreign''; and (II) by striking ``or Indian tribal official'' and inserting ``Indian tribal, or foreign government official''; and (2) in paragraph (7), by inserting ``, or of guidelines jointly issued by the Attorney General and Director of Central Intelligence pursuant to Rule 6,'' after ``Rule 6''. (b) Conforming Amendment.--Section 203(c) of the USA PATRIOT ACT (18 U.S.C. 2517 note) is amended by striking ``Rule 6(e)(3)(C)(i)(V) and (VI)'' and inserting ``Rule 6(e)(3)(D)''.

Information Sharing Improvement Act of 2004 - Amends the Federal criminal code, the Fair Credit Reporting Act, the Right to Financial Privacy Act, and the National Security Act of 1947 to authorize the Federal Bureau of Investigation (FBI) to disseminate information relevant to an authorized investigation to protect against international terrorism or clandestine intelligence activities only as provided in guidelines approved by the Attorney General (currently, only for foreign intelligence collection or foreign counterintelligence investigations and only if the information is clearly relevant to another agency's authorized responsibilities). Amends the USA PATRIOT Act to allow the disclosure of counterintelligence or foreign intelligence information obtained as part of a national security investigation (currently limited to a criminal investigation). Amends rule 6 of the Federal Rules of Criminal Procedure to authorize the disclosure of certain grand-jury information to foreign government personnel. Authorizes: (1) a Government attorney to disclose any grand-jury matter involving specified activities, including a threat of attack, sabotage, terrorism, or clandestine intelligence-gathering, to any appropriate Federal, State, State subdivision, Indian tribal, or foreign government official for the purpose of preventing or responding to such a threat; (2) any State or other specified recipients of information under rule 6 to use the information in accordance with guidelines that the Attorney General and the Director of Central Intelligence jointly issue; and (3) the court to allow disclosure of any grand-jury matter at the request of the Government when sought by a foreign court or prosecutor for use in an official criminal investigation.

A bill to strengthen anti-terrorism investigative tools, to enhance prevention and prosecution of terrorist crimes, to combat terrorism financing, to improve border and transportation security, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Genetic Information Nondiscrimination in Health Insurance Act of 1997''. SEC. 2. AMENDMENTS TO EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974. (a) In General.--Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by inserting after section 712 the following new section: ``SEC. 713. PROHIBITION OF HEALTH INSURANCE DISCRIMINATION ON THE BASIS OF GENETIC INFORMATION. ``(a) In General.--In the case of benefits consisting of medical care provided under a group health plan or in the case of group health insurance coverage offered by a health insurance issuer in connection with a group health plan, the plan or issuer may not deny, cancel, or refuse to renew such benefits or such coverage, or vary the premiums, terms, or conditions for such benefits or such coverage, for any participant or beneficiary under the plan-- ``(1) on the basis of genetic information; or ``(2) on the basis that the participant or beneficiary has requested or received genetic services. ``(b) Limitation on Collection and Disclosure of Information.-- ``(1) In general.--A group health plan, or a health insurance issuer offering group health insurance coverage in connection with a group health plan, may not request or require a participant or beneficiary (or an applicant for coverage as a participant or beneficiary) to disclose to the plan or issuer genetic information about the participant, beneficiary, or applicant. ``(2) Requirement of prior authorization.--A group health plan, or a health insurance issuer offering health insurance coverage in connection with a group health plan, may not disclose genetic information about a participant or beneficiary (or an applicant for coverage as a participant or beneficiary) without the prior written authorization of the participant, beneficiary, or applicant or of the legal representative thereof. Such authorization is required for each disclosure and shall include an identification of the person to whom the disclosure would be made. ``(c) Definitions.--For purposes of this section-- ``(1) Genetic information.--The term `genetic information' means information about genes, gene products, or inherited characteristics that may derive from an individual or a family member of the individual. ``(2) Genetic services.--The term `genetic services' means health services provided to obtain, assess, and interpret genetic information for diagnostic and therapeutic purposes, and for genetic education and counselling. ``(3) Family member.--The term `family member' means, with respect to an individual, another individual related by blood to that individual, or a spouse or adopted child of the individual.''. (b) Damages.--Section 502(c) of such Act (29 U.S.C. 1132(c)) is amended by adding at the end the following new paragraph: ``(7) Any group health plan (as defined in section 733(a)) and any health insurance issuer (as defined in section 733(b)(2)) who fails to meet the requirements of section 713 with respect to any participant, beneficiary, or applicant referred to in such section may in the court's discretion be liable to such participant, beneficiary, or applicant for compensatory, consequential, and punitive damages.''. (c) Clerical Amendment.--The table of contents in section 1 of such Act is amended by inserting after the item relating to section 712 the following new item: ``Sec. 713. Prohibition of health insurance discrimination on the basis of genetic information.''. (d) Effective Date.--The amendments made by this section shall apply with respect to group health plans for plan years beginning after 1 year after the date of the enactment of this Act. SEC. 3. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT. (a) Amendment Relating to the Group Market.-- (1) In general.--Subpart 2 of part A of title XXVII of the Public Health Service Act is amended by inserting after section 2705 the following new section: ``SEC. 2706. PROHIBITION OF HEALTH INSURANCE DISCRIMINATION ON THE BASIS OF GENETIC INFORMATION. ``(a) In General.--In the case of benefits consisting of medical care provided under a group health plan or in the case of group health insurance coverage offered by a health insurance issuer in connection with a group health plan, the plan or issuer may not deny, cancel, or refuse to renew such benefits or such coverage, or vary the premiums, terms, or conditions for such benefits or such coverage, for any participant or beneficiary under the plan-- ``(1) on the basis of genetic information; or ``(2) on the basis that the participant or beneficiary has requested or received genetic services. ``(b) Limitation on Collection and Disclosure of Information.-- ``(1) In general.--A group health plan, or a health insurance issuer offering group health insurance coverage in connection with a group health plan, may not request or require a participant or beneficiary (or an applicant for coverage as a participant or beneficiary) to disclose to the plan or issuer genetic information about the participant, beneficiary, or applicant. ``(2) Requirement of prior authorization.--A group health plan, or a health insurance issuer offering health insurance coverage in connection with a group health plan, may not disclose genetic information about a participant or beneficiary (or an applicant for coverage as a participant or beneficiary) without the prior written authorization of the participant, beneficiary, or applicant or of the legal representative thereof. Such authorization is required for each disclosure and shall include an identification of the person to whom the disclosure would be made. ``(c) Definitions.--For purposes of this section-- ``(1) Genetic information.--The term `genetic information' means information about genes, gene products, or inherited characteristics that may derive from an individual or a family member of the individual. ``(2) Genetic services.--The term `genetic services' means health services provided to obtain, assess, and interpret genetic information for diagnostic and therapeutic purposes, and for genetic education and counselling. ``(3) Family member.--The term `family member' means, with respect to an individual, another individual related by blood to that individual, or a spouse or adopted child of the individual.''. (2) Effective date.--The amendment made by this subsection shall apply with respect to group health plans for plan years beginning after 1 year after the date of the enactment of this Act. (b) Amendment Relating to the Individual Market.-- (1) In general.--Subpart 3 of part B of title XXVII of such Act is amended by inserting after section 2751 the following new section: ``SEC. 2752. PROHIBITION OF HEALTH INSURANCE DISCRIMINATION ON THE BASIS OF GENETIC INFORMATION. ``The provisions of section 2705 shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as it applies to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market.''. (2) Effective date.--The amendment made by this subsection shall apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market after 1 year after the date of the enactment of this Act. (c) Action for Damages.--Section 2761 of such Act (29 U.S.C. 300gg- 61) is amended by adding at the end the following new subsection: ``(c) Action for Damages ``(1) In general.--In any case in which a group health plan or a health insurance issuer fails to meet the applicable requirements of section 2706 or 2752 with respect to any individual who is a plan participant or beneficiary in such a plan, a covered individual, or an applicant for coverage, such individual may bring a civil action under this section. In any such action, such plan or issuer may in the court's discretion be liable to such individual for compensatory, consequential, and punitive damages. ``(2) Additional provisions.--For purposes of this subsection, the provisions of subsections (d), (e), (f), (g), (h), and (j) of section 502 of the Employee Retirement Income Security Act of 1974 shall apply in connection with such action, the plaintiff in such action, and the Secretary of Health and Human Services in the same manner and to the same extent as such provisions apply in connection with actions under such section 502, plaintiffs in such actions, and the Secretary of Labor.''. SEC. 4. AMENDMENTS TO TITLE XVIII OF THE SOCIAL SECURITY ACT RELATING TO MEDIGAP. (a) In General.--Section 1882(s)(2) of the Social Security Act (42 U.S.C. 1395ss(s)) is amended by adding at the end the following new subparagraph: ``(D)(i) An issuer of a medicare supplemental policy (as defined in section 1882(g)) may not deny or condition the issuance or effectiveness of the policy, and may not discriminate in the pricing of the policy of an eligible individual-- ``(I) on the basis of genetic information; or ``(II) on the basis that the individual or a family member of the individual has requested or received genetic services. ``(ii) For purposes of this subparagraph-- ``(I) The term `genetic information' means information about genes, gene products, or inherited characteristics that may derive from an individual or a family member of the individual. ``(II) The term `genetic services' means health services provided to obtain, assess, and interpret genetic information for diagnostic and therapeutic purposes, and for genetic education and counselling. ``(III) The term `family member' means, with respect to an individual, another individual related by blood to that individual, or a spouse or adopted child of the individual.''. (b) Action for Damages.--Section 1882(s) of such Act is amended further by adding at the end the following new paragraph: ``(4)(A) In any case in which a medicare supplemental policy fails to meet the applicable requirements of paragraph (2)(D) respect to any individual who is a covered individual or an applicant for coverage, such individual may bring a civil action under this paragraph. In any such action, issuer of such policy may in the court's discretion be liable to such individual for compensatory, consequential, and punitive damages. ``(B) For purposes of this paragraph, the provisions of subsections (d), (e), (f), (g), (h), and (j) of section 502 of the Employee Retirement Income Security Act of 1974 shall apply in connection with such action, the plaintiff in such action, and the Secretary of Health and Human Services in the same manner and to the same extent as such provisions apply in connection with actions under such section 502, plaintiffs in such actions, and the Secretary of Labor.''. (c) Effective Date.--The amendments made by this section shall apply with respect to medicare supplemental policies offered, sold, issued, renewed, in effect, or operated in the individual market after 1 year after the date of the enactment of this Act. SEC. 5. AMENDMENTS OF INTERNAL REVENUE CODE OF 1986. (a) In General.--Chapter 100 of the Internal Revenue Code of 1986 (relating to group health plan portability, access, and renewability requirements) is amended by adding at the end the following new subchapter: ``Subchapter B--Prohibition of Discrimination By Group Health Plans on Basis of Genetic Information ``Sec. 9811. Prohibition of discrimination by group health plans on basis of genetic information. ``SEC. 9811. PROHIBITION OF DISCRIMINATION BY GROUP HEALTH PLANS ON BASIS OF GENETIC INFORMATION. ``(a) In General.--In the case of benefits consisting of medical care provided under a group health plan or in the case of group health insurance coverage offered by a health insurance issuer in connection with a group health plan, the plan or issuer may not deny, cancel, or refuse to renew such benefits or such coverage, or vary the premiums, terms, or conditions for such benefits or such coverage, for any participant or beneficiary under the plan-- ``(1) on the basis of genetic information; or ``(2) on the basis that the participant or beneficiary has requested or received genetic services. ``(b) Limitation on Collection and Disclosure of Information.-- ``(1) In general.--A group health plan, or a health insurance issuer offering group health insurance coverage in connection with a group health plan, may not request or require a participant or beneficiary (or an applicant for coverage as a participant or beneficiary) to disclose to the plan or issuer genetic information about the participant, beneficiary, or applicant. ``(2) Requirement of prior authorization.--A group health plan, or a health insurance issuer offering health insurance coverage in connection with a group health plan, may not disclose genetic information about a participant or beneficiary (or an applicant for coverage as a participant or beneficiary) without the prior written authorization of the participant, beneficiary, or applicant or of the legal representative thereof. Such authorization is required for each disclosure and shall include an identification of the person to whom the disclosure would be made. ``(c) Definitions.--For purposes of this section-- ``(1) Genetic information.--The term `genetic information' means information about genes, gene products, or inherited characteristics that may derive from an individual or a family member of the individual. ``(2) Genetic services.--The term `genetic services' means health services provided to obtain, assess, and interpret genetic information for diagnostic and therapeutic purposes, and for genetic education and counselling. ``(3) Family member.--The term `family member' means, with respect to an individual, another individual related by blood to that individual, or a spouse or adopted child of the individual.''. (b) Technical and Conforming Amendments.-- (1) Paragraph (1) of section 4980D(f) of such Code (relating to failure to meet certain group health plan requirements) is amended by adding at the end the following new sentence: ``For purposes of applying this section with respect to the requirements of subchapter B of chapter 100, the term `group health plan' includes a health insurance issuer (within the meaning of section 9811).'' (2) Chapter 100 of such Code is amended by striking the chapter heading and inserting the following: ``CHAPTER 100--REQUIREMENTS RELATING TO GROUP HEALTH PLANS, ETC. ``Subchapter A. Group health plan portability, access, and renewability requirements. ``Subchapter B. Prohibition of discrimination by group health plans on basis of genetic information. ``Subchapter A--Group Health Plan Portability, Access, and Renewability Requirements''. (3) The table of chapters for such Code is amended by striking the item relating to chapter 100 and inserting the following new item: Chapter 100. Requirements relating to group health plans, etc.'' (4) Subsection (a) of section 4980D of such Code is amended by striking ``(relating to group health plan portability, access, and renewability requirements)'' and inserting ``(relating to group health plans, etc., requirements)''. (c) Effective Date.--The amendments made by this section shall apply with respect to group health plans for plan years beginning after 1 year after the date of the enactment of this Act.

Genetic Information Nondiscrimination in Health Insurance Act of 1997 - Amends the Employee Retirement Income Security Act of 1974 to prohibit a group health plan or a health insurance issuer offering group coverage from discriminating on the basis: (1) of genetic information; or (2) that the participant or beneficiary has requested or received genetic services. Regulates genetic information collection and disclosure by plans and issuers. Provides for compensatory, consequential, and punitive damages. Amends the Public Health Service Act to prohibit a group health plan, a health insurance issuer offering group coverage, or a health issuer in the individual market from so discriminating. Regulates genetic information collection and disclosure by plans and issuers. Provides for compensatory, consequential, and punitive damages. Amends title XVIII (Medicare) of the Social Security Act to prohibit an issuer of a Medicare supplemental policy from so discriminating. Provides for compensatory, consequential, and punitive damages. Amends the Internal Revenue Code to prohibit a group health plan or a health insurance issuer offering group coverage from so discriminating. Regulates genetic information collection and disclosure by plans and issuers.

Genetic Information Nondiscrimination in Health Insurance Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Conservation Assistance Loan Act of 2018''. SEC. 2. AVAILABILITY OF NONRECOURSE CONSERVATION ASSISTANCE LOANS FOR LOAN COMMODITIES. (a) Nonrecourse Loans Available.-- (1) In general.--For each of the 2018 through 2022 crops of each loan commodity, the Secretary shall make available to qualified producers on a farm nonrecourse conservation assistance loans for loan commodities produced on the farm. (2) Qualified producer.--In this section, the term ``qualified producer'' means a producer eligible for a nonrecourse marketing loan under section 1201 of the Agricultural Act of 2014 (7 U.S.C. 9031) that agrees to not apply for such loan for each of the 2018 through 2022 crops described in paragraph (1). (b) Eligible Production.--The producers on a farm shall be eligible for a conservation assistance loan under subsection (a) for any quantity of a loan commodity produced on the farm. (c) Loan Rates for Nonrecourse Conservation Assistance Loans.-- (1) In general.--Subject to paragraph (2), for purposes of each of the 2018 through 2022 crop years, the loan rate for a conservation assistance loan under this section for a loan commodity shall be-- (A) for beginning farmers and ranchers (as determined by the Secretary), 75 percent of the national average price received by producers during the 12-month marketing year for the loan commodity for the most recent 5 crop years, excluding-- (i) the crop year with the highest price; and (ii) the crop year with the lowest price; and (B) for producers not described in paragraph (1), 60 percent of the national average price received by producers during the 12-month marketing year for the loan commodity for the most recent 5 crop years, excluding-- (i) the crop year with the highest price; and (ii) the crop year with the lowest price. (2) Special rule for cover crops.--In the case of a producer who agrees to plant a cover crop on acres associated with the loan commodity, the applicable loan rate under paragraph (1) shall be increased by an amount equal to $0.20 per bushel. (d) Terms of Loans.-- (1) In general.--In the case of each loan commodity, a conservation loan under this section shall have a term of 9 months beginning on the first day of the first month after the month in which the loan is made. (2) Extensions prohibited.--The Secretary may not extend the term of a conservation assistance loan for any loan commodity. (e) Repayment of Loans.-- (1) In general.--The Secretary shall permit the producers on a farm to repay a conservation assistance loan under this section for a loan commodity at a rate that is the lesser of the following: (A) The loan rate established under subsection (c). (B) A rate that is equal to the expected market price for the loan commodity as calculated for crop insurance, as determined by the Secretary. (C) Such other rate the Secretary determines will avoid or minimize potential loan forfeitures. (2) Adjustments.--The Secretary shall make all adjustments that the Secretary determines necessary to-- (A) avoid forfeiture or the accumulation of stocks of the commodities placed under a loan under this section; (B) minimize the costs incurred by the Federal Government; (C) allow the commodity produced to be marketed freely and competitively, both domestically and internationally; (D) minimize discrepancies in conservation loan benefits across State boundaries and across country boundaries; and (E) in the case of a producer who is prevented from planting a commercial crop due to weather or other natural events that interfered with cover crop determined (as determined by the Secretary), the Secretary may forgive the portion of the loan calculated under subsection (c)(2). (f) Compliance Requirements.--As a condition of the receipt of a conservation assistance loan under this section, the producer shall during the crop year of the loan-- (1) comply with applicable conservation requirements under subtitle B of title XII of the Food Security Act of 1985 (16 U.S.C. 3811 et seq.) and applicable wetland protection requirements under subtitle C of title XII of that Act (16 U.S.C. 3821 et seq.); (2) agree to use a reduced tillage method and nutrient management practices (as determined by the Secretary to be appropriate for soil health management) for the acres associated with the commodity covered by the loan; and (3) in the case of a loan calculated under subsection (c)(2), agree to plant a cover crop on the acres associated with the loan commodity, as determined by the Secretary to be appropriate. (g) Farm Service Agency Report.--The Administrator of the Farm Service Agency shall submit an annual report to the Secretary that includes the information with respect to the compliance requirements specified in paragraphs (1) and (2) of subsection (f) relating to each conservation assistance loan under this section that was fully repaid in the preceding fiscal year.

Conservation Assistance Loan Act of 2018 This bill establishes a Department of Agriculture (USDA) nonrecourse conservation assistance loan program. Under the program, farmers who receive loans must meet certain conservation requirements, including: (1) complying with applicable conservation and wetland protection requirements under the Food Security Act of 1985, (2) using a reduced tillage method and nutrient management practices, and (3) planting a cover crop. (Under a nonrecourse loan, a farmer pledges a commodity as collateral and may deliver the pledged collateral to USDA to repay the loan.)

Conservation Assistance Loan Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``Food Employment Empowerment and Development Program Act of 2005''. SEC. 2. DEFINITIONS. In this Act: (1) Eligible entity.--The term ``eligible entity'' means an entity that meets the requirements of section (3)(b). (2) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (3) Vulnerable subpopulation.-- (A) In general.--The term ``vulnerable subpopulation'' means low-income individuals, unemployed individuals, and other subpopulations identified by the Secretary as being likely to experience special risks from hunger or a special need for job training. (B) Inclusions.--The term ``vulnerable subpopulation'' includes-- (i) addicts (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)); (ii) at-risk youths (as defined in section 1432 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6472)); (iii) individuals that are basic skills deficient (as defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801)); (iv) homeless individuals (as defined in section 17(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(b)); (v) homeless youths (as defined in section 387 of the Runaway and Homeless Youth Act (42 U.S.C. 5732a)); (vi) individuals with disabilities (as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)); (vii) low-income individuals (as defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801)); and (viii) older individuals (as defined in section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002)). SEC. 3. FOOD EMPLOYMENT EMPOWERMENT AND DEVELOPMENT PROGRAM. (a) Establishment.--The Secretary shall establish a food employment empowerment and development program under which the Secretary shall make grants to eligible entities to encourage the effective use of community resources to combat hunger and the root causes of hunger by creating opportunity through food recovery and job training. (b) Eligible Entities.--To be eligible to receive a grant under this section, an entity shall be a public agency, or private nonprofit institution, that conducts, or will conduct, 2 or more of the following activities as an integral part of the normal operation of the entity: (1) Recovery of donated food from area restaurants, caterers, hotels, cafeterias, farms, or other food service businesses. (2) Distribution of meals or recovered food to-- (A) nonprofit organizations described in section 501(c)(3) of the Internal Revenue Code of 1986; (B) entities that feed vulnerable subpopulations; and (C) other agencies considered appropriate by the Secretary. (3) Training of unemployed and underemployed adults for careers in the food service industry. (4) Carrying out of a welfare-to-work job training program in combination with-- (A) production of school meals, such as school meals served under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); or (B) support for after-school programs, such as programs conducted by community learning centers (as defined in section 4201(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7171(b))). (c) Use of Funds.--An eligible entity may use a grant awarded under this section for-- (1) capital investments related to the operation of the eligible entity; (2) support services for clients, including staff, of the eligible entity and individuals enrolled in job training programs; (3) purchase of equipment and supplies related to the operation of the eligible entity or that improve or directly affect service delivery; (4) building and kitchen renovations that improve or directly affect service delivery; (5) educational material and services; (6) administrative costs, in accordance with guidelines established by the Secretary; and (7) additional activities determined appropriate by the Secretary. (d) Preferences.--In awarding grants under this section, the Secretary shall give preference to eligible entities that perform, or will perform, any of the following activities: (1) Carrying out food recovery programs that are integrated with-- (A) culinary worker training programs, such as programs conducted by a food service management institute under section 21 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769b-1); (B) school education programs; or (C) programs of service-learning (as defined in section 101 of the National and Community Service Act of 1990 (42 U.S.C. 12511)). (2) Providing job skills training, life skills training, and case management support to vulnerable subpopulations. (3) Integrating recovery and distribution of food with a job training program. (4) Maximizing the use of an established school, community, or private food service facility or resource in meal preparation and culinary skills training. (5) Providing job skills training, life skills training, and case management support to vulnerable subpopulations. (e) Eligibility for Job Training.--To be eligible to receive job training assistance from an eligible entity using a grant made available under this section, an individual shall be a member of a vulnerable subpopulation. (f) Performance Indicators.--The Secretary shall establish, for each year of the program, performance indicators and expected levels of performance for meal and food distribution and job training for eligible entities to continue to receive and use grants under this section. (g) Technical Assistance.-- (1) In general.--The Secretary shall provide technical assistance to eligible entities that receive grants under this section to assist the eligible entities in carrying out programs under this section using the grants. (2) Form.--Technical assistance for a program provided under this subsection includes-- (A) maintenance of a website, newsletters, email communications, and other tools to promote shared communications, expertise, and best practices; (B) hosting of an annual meeting or other forums to provide education and outreach to all programs participants; (C) collection of data for each program to ensure that the performance indicators and purposes of the program are met or exceeded; (D) intervention (if necessary) to assist an eligible entity to carry out the program in a manner that meets or exceeds the performance indicators and purposes of the program; (E) consultation and assistance to an eligible entity to assist the eligible entity in providing the best services practicable to the community served by the eligible entity, including consultation and assistance related to-- (i) strategic plans; (ii) board development; (iii) fund development; (iv) mission development; and (v) other activities considered appropriate by the Secretary; (F) assistance considered appropriate by the Secretary regarding-- (i) the status of program participants; (ii) the demographic characteristics of program participants that affect program services; (iii) any new idea that could be integrated into the program; and (iv) the review of grant proposals; and (G) any other forms of technical assistance the Secretary considers appropriate. (h) Relationship to Other Law.-- (1) Bill emerson good samaritan food donation act.--An action taken by an eligible entity using a grant provided under this section shall be covered by the Bill Emerson Good Samaritan Food Donation Act (42 U.S.C. 1791). (2) Food handling guidelines.--In using a grant provided under this section, an eligible entity shall comply with any applicable food handling guideline established by a State or local authority. (3) Inspections.--An eligible entity using a grant provided under this section shall be exempt from inspection under sections 303.1(d)(2)(iii) and 381.10(d)(2)(iii) of volume 9, Code of Federal Regulations (or a successor regulation), if the eligible entity-- (A) has a hazard analysis and critical control point (HACCP) plan; (B) has a sanitation standard operating procedure (SSOP); and (C) otherwise complies with the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) and the Poultry Products Inspection Act (21 U.S.C. 451 et seq.). (i) Maximum Amount of Grant.--The amount of a grant provided to an eligible entity for a fiscal year under this section shall not exceed $200,000. (j) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2006 through 2011. (2) Technical assistance.--Of the amount of funds that are made available for a fiscal year under paragraph (1), the Secretary shall use to provide technical assistance under subsection (g) not more than the greater of-- (A) 5 percent of the amount of funds that are made available for the fiscal year under paragraph (1); or (B) $1,000,000.

Food Employment Empowerment and Development Program Act of 2005 - Directs the Secretary of Agriculture to establish a food employment empowerment and development program of grants to eligible public agencies and private nonprofit institutions to encourage the use of community resources to combat hunger and the root causes of hunger by creating opportunity through food recovery and job training.

A bill to encourage the effective use of community resources to combat hunger and the root causes of hunger by creating opportunity through food recovery and job training.

SECTION 1. SHORT TITLE. This Act may be cited as the ``ADA Education and Reform Act of 2015''. SEC. 2. COMPLIANCE THROUGH EDUCATION. 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. SEC. 3. UNFAIR AND DECEPTIVE ACTS AND PRACTICES RELATING TO ADA COMPLIANCE DEMAND LETTERS. It shall be unlawful for any person to send or otherwise transmit a demand letter or other form of pre-suit notification alleging a violation of section 302 or 303 of the Americans with Disabilities Act of 1990 (29 U.S.C. 12182; 12183) if such letter or communication does not specify in detail the circumstances under which an individual was actually denied access to a public accommodation, including the address of property, the specific sections of the Americans with Disabilities Act alleged to have been violated, 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. Any person who violates this section shall be fined under title 18, United States Code. SEC. 4. 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 to make substantial progress in removing the barrier during the period beginning on the date the description is provided and ending 120 days after that date.''. 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. SEC. 6. EFFECTIVE DATE. This Act and the amendments made by this Act take effect 30 days after the date of the enactment of this Act.

ADA Education and Reform Act of 2015 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 (ADA). The bill prohibits persons from, and subjects violators to a criminal fine for, sending demand letters or other pre-suit notifications alleging a violation of ADA public accommodation requirements if the notification does not specify the circumstances under which an individual was actually denied access. The notification must specify: (1) the address of property, (2) the specific ADA sections alleged to have been violated, (3) whether a request for assistance in removing an architectural barrier was made, and (4) whether the barrier was permanent or temporary. The bill also prohibits commencement of civil action 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 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 2015

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Upper Mississippi River Basin Protection Act of 2001''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Reliance on sound science. TITLE I--SEDIMENT AND NUTRIENT MONITORING NETWORK Sec. 101. Establishment of monitoring network. Sec. 102. Data collection and storage responsibilities. Sec. 103. Relationship to existing sediment and nutrient monitoring. Sec. 104. Collaboration with other public and private monitoring efforts. Sec. 105. Cost share requirements. Sec. 106. Reporting requirements. Sec. 107. National Research Council assessment. TITLE II--COMPUTER MODELING AND RESEARCH Sec. 201. Computer modeling and research of sediment and nutrient sources. Sec. 202. Use of electronic means to distribute information. Sec. 203. Reporting requirements. TITLE III--AUTHORIZATION OF APPROPRIATIONS Sec. 301. Authorization of appropriations. SEC. 2. DEFINITIONS. In this Act: (1) The terms ``Upper Mississippi River Basin'' and ``Basin'' mean the watershed portion of the Upper Mississippi River and Illinois River basins, from Cairo, Illinois, to the headwaters of the Mississippi River, in the States of Minnesota, Wisconsin, Illinois, Iowa, and Missouri. The designation includes the Kaskaskia watershed along the Illinois River and the Meramec watershed along the Missouri River. (2) The terms ``Upper Mississippi River Stewardship Initiative'' and ``Initiative'' mean the activities authorized or required by this Act to monitor nutrient and sediment loss in the Upper Mississippi River Basin. (3) The term ``sound science'' means a scientific method that uses the best available technical and scientific information and techniques to identify and understand natural resource management needs and appropriate treatments, to implement conservation measures, and to assess the results of treatments on natural resource health and sustainability in the Upper Mississippi River Basin. SEC. 3. RELIANCE ON SOUND SCIENCE. It is the policy of Congress that Federal investments in the Upper Mississippi River Basin must be guided by sound science. TITLE I--SEDIMENT AND NUTRIENT MONITORING NETWORK SEC. 101. ESTABLISHMENT OF MONITORING NETWORK. (a) Establishment.--As part of the Upper Mississippi River Stewardship Initiative, the Secretary of the Interior shall establish a sediment and nutrient monitoring network for the Upper Mississippi River Basin for the purposes of-- (1) identifying and evaluating significant sources of sediment and nutrients in the Upper Mississippi River Basin; (2) quantifying the processes affecting mobilization, transport, and fate of those sediments and nutrients on land and in water; (3) quantifying the transport of those sediments and nutrients to and through the Upper Mississippi River Basin; (4) recording changes to sediment and nutrient loss over time; (5) providing coordinated data to be used in computer modeling of the Basin, pursuant to section 201; and (6) identifying major sources of sediment and nutrients within the Basin for the purpose of targeting resources to reduce sediment and nutrient loss. (b) Role of United States Geological Survey.--The Secretary of the Interior shall carry out this title acting through the office of the Director of the United States Geological Survey. (c) Headquarters.--Sediment and nutrient monitoring information shall be headquartered at the Upper Midwest Environmental Sciences Center in La Crosse, Wisconsin. SEC. 102. DATA COLLECTION AND STORAGE RESPONSIBILITIES. (a) Guidelines for Data Collection and Storage.--The Secretary of the Interior shall establish guidelines for the effective design of data collection activities regarding sediment and nutrient monitoring, for the use of suitable and consistent methods for data collection, and for consistent reporting, data storage, and archiving practices. (b) Release of Data.--Data resulting from sediment and nutrient monitoring in the Upper Mississippi River Basin shall be released to the public using generic station identifiers and hydrologic unit codes. In the case of a monitoring station located on private lands, information regarding the location of the station shall not be disseminated without the landowner's permission. (c) Protection of Privacy.--Data resulting from sediment and nutrient monitoring in the Upper Mississippi River Basin is not subject to the mandatory disclosure provisions of section 552 of title V, United States Code, but may be released only as provided in subsection (b). SEC. 103. RELATIONSHIP TO EXISTING SEDIMENT AND NUTRIENT MONITORING. (a) Inventory.--To the maximum extent practicable, the Secretary of the Interior shall inventory the sediment and nutrient monitoring efforts, in existence as of the date of the enactment of this Act, of Federal, State, local, and nongovernmental entities for the purpose of creating a baseline understanding of overlap, data gaps and redundancies. (b) Integration.--On the basis of the inventory, the Secretary of the Interior shall integrate the existing sediment and nutrient monitoring efforts, to the maximum extent practicable, into the sediment and nutrient monitoring network required by section 101. (c) Consultation and Use of Existing Data.--In carrying out this section, the Secretary of the Interior shall make maximum use of data in existence as of the date of the enactment of this Act and of ongoing programs and efforts of Federal, State, tribal, local, and nongovernmental entities in developing the sediment and nutrient monitoring network required by section 101. (d) Coordination With Lower Estuary Assessment Group.--The Secretary of the Interior shall carry out this section in coordination with the Lower Estuary Assessment Group, as authorized by section 902 of the Estuaries and Clean Waters Act of 2000 (Public Law 106-457; 33 U.S.C. 2901 note). SEC. 104. COLLABORATION WITH OTHER PUBLIC AND PRIVATE MONITORING EFFORTS. To establish the sediment and nutrient monitoring network, the Secretary of the Interior shall collaborate, to the maximum extent practicable, with other Federal, State, tribal, local and private sediment and nutrient monitoring programs that meet guidelines prescribed under section 102(a), as determined by the Secretary. SEC. 105. COST SHARE REQUIREMENTS. (a) Required Cost Sharing.--The non-Federal sponsors of the sediment and nutrient monitoring network shall be responsible for not less than 25 percent of the costs of maintaining the network. (b) In-Kind Contributions.--Up to 80 percent of the non-Federal share may be provided through in-kind contributions. (c) Treatment of Existing Efforts.--A State or local monitoring effort, in existence as of the date of the enactment of this Act, that the Secretary of the Interior finds adheres to the guidelines prescribed under section 102(a) shall be deemed to satisfy the cost share requirements of this section. SEC. 106. REPORTING REQUIREMENTS. The Secretary of the Interior shall report to Congress not later than 180 days after the date of the enactment of this Act on the development of the sediment and nutrient monitoring network. SEC. 107. NATIONAL RESEARCH COUNCIL ASSESSMENT. The National Research Council of the National Academy of Sciences shall conduct a comprehensive water resources assessment of the Upper Mississippi River Basin. TITLE II--COMPUTER MODELING AND RESEARCH SEC. 201. COMPUTER MODELING AND RESEARCH OF SEDIMENT AND NUTRIENT SOURCES. (a) Modeling Program Required.--As part of the Upper Mississippi River Stewardship Initiative, the Director of the United States Geological Survey shall establish a modeling program to identify significant sources of sediment and nutrients in the Upper Mississippi River Basin. (b) Role.--Computer modeling shall be used to identify subwatersheds which are significant sources of sediment and nutrient loss and shall be made available for the purposes of targeting public and private sediment and nutrient reduction efforts. (c) Components.--Sediment and nutrient models for the Upper Mississippi River Basin shall include the following: (1) Models to relate nutrient loss to landscape, land use, and land management practices. (2) Models to relate sediment loss to landscape, land use, and land management practices. (3) Models to define river channel nutrient transformation processes. (d) Collection of Ancillary Information.--Ancillary information shall be collected in a GIS format to support modeling and management use of modeling results, including the following: (1) Land use data. (2) Soils data. (3) Elevation data. (4) Information on sediment and nutrient reduction improvement actions. (5) Remotely sense data. (e) Headquarters.--Information developed by computer modeling shall be headquartered at the Upper Midwest Environmental Sciences Center in La Crosse, Wisconsin. SEC. 202. USE OF ELECTRONIC MEANS TO DISTRIBUTE INFORMATION. Not later than 90 days after the date of the enactment of this Act, the Director of the United States Geological Survey shall establish a system that uses the telecommunications medium known as the Internet to provide information regarding the following: (1) Public and private programs designed to reduce sediment and nutrient loss in the Upper Mississippi River Basin. (2) Information on sediment and nutrient levels in the Upper Mississippi River and its tributaries. (3) Successful sediment and nutrient reduction projects. SEC. 203. REPORTING REQUIREMENTS. (a) Monitoring Activities.--Commencing one year after the date of the enactment of this Act, the Director of the United States Geological Survey shall provide to Congress and make available to the public an annual report regarding monitoring activities conducted in the Upper Mississippi River Basin. (b) Modeling Activities.--Every three years, the Director of the United States Geological Survey shall provide to Congress and make available to the public a progress report regarding modeling activities. TITLE III--AUTHORIZATION OF APPROPRIATIONS SEC. 301. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to the Secretary of the Interior $6,250,000 each fiscal year to carry out this Act. (b) Water Resource and Water Quality Management Assessment.--There is authorized to be appropriated $650,000 to allow the National Research Council to perform the assessment required by section 107.

Upper Mississippi River Basin Protection Act of 2001 - Declares that it is the policy of Congress that Federal investments in the Upper Mississippi River Basin must be guided by sound science.Title I: Sediment and Nutrient Monitoring Network - Directs the Secretary of the Interior, through the United States Geological Survey, to establish a nutrient and sediment monitoring network for the River Basin to: (1) identify and evaluate sources of sediments and nutrients; (2) quantify the processes affecting mobilization, transport, and fate of those sediments and nutrients on land and in water; (3) quantify their transport to and through the Basin; (4) record changes to sediment and nutrient loss; (5) provide coordinated data to be used in computer modeling of the Basin; and (6) identify major sources for targeting resources to reduce sediment and nutrient loss. States that such information shall be headquartered at the Upper Midwest Environmental Sciences Center in La Crosse, Wisconsin.(Sec. 102) Directs the Secretary to establish guidelines for related data collection and storage activities. Requires such data to be released to the public using generic station identifiers and hydrologic codes. Prohibits information regarding the location of a monitoring station on private lands from being disseminated without the landowner's permission.(Sec. 103) Directs the Secretary to inventory the sediment and monitoring efforts of governmental and nongovernmental entities for the purpose of creating a baseline understanding of overlap, data gaps, and redundancies, and based on such inventory, to integrate them into the monitoring network. Requires that such activities be carried out in coordination with the Lower Estuary Assessment Group as authorized under the Estuaries and Clean Waters Act of 2000.(Sec. 104) Directs the Secretary to collaborate with other public and private monitoring efforts in establishing the monitoring program.(Sec. 105) Makes the non-Federal sponsors of the monitoring network responsible for not less than 25 percent of the costs of maintaining it. Permits up to 80 percent of the non-Federal share to be provided through in-kind contributions. Deems a State or local monitoring effort that is adhering to the guidelines specified above to satisfy all such cost-share requirements.(Sec. 106) Requires the Secretary to report to Congress on the development of such network.(Sec. 107) Directs the National Research Council of the National Academy of Sciences to conduct a water resources assessment of the Basin.Title II: Computer Modeling and Research - Requires the Director of the United States Geological Survey to establish a computer modeling program of nutrient and sediment sources in the Basin. Requires such modeling to be used to identify subwatersheds that are significant sources of sediment and nutrient loss and to be made available for targeting public and private sediment and nutrient reduction efforts. Requires sediment and nutrient models to include models to: (1) relate nutrient and sediment loss to landscape, land use, and land management practices; and (2) define river channel nutrient transformation processes. Requires the collection of ancillary information in a GIS format to support modeling and management use of such results. States that such information shall be headquartered at the Center in La Crosse, Wisconsin.(Sec. 202) Requires the Director to establish an Internet-based system to distribute information about nutrient and sediment loss reduction projects and nutrient and sediment levels in the Upper Mississippi River and its tributaries.(Sec. 203) Requires the Director to provide to Congress and the public: (1) annual reports regarding monitoring activities conducted in the Basin; and (2) a progress report regarding modeling activities every three years.Title III: Authorization of Appropriations - Authorizes appropriations to: (1) the Secretary to carry out this Act; and (2) allow the National Research Council to perform the water resources assessment.

To promote Department of the Interior efforts to provide a scientific basis for the management of sediment and nutrient loss in the Upper Mississippi River Basin.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Back to Work Tax Credit''. SEC. 2. LONG-TERM UNEMPLOYED WORKERS WORK OPPORTUNITY TAX CREDITS. (a) In General.--Paragraph (3) of section 51(b) of the Internal Revenue Code of 1986 is amended by inserting ``$10,000 per year in the case of any individual who is a qualified long term unemployed individual by reason of subsection (d)(11), and'' before ``$12,000 per year''. (b) Long-Term Unemployed Individuals.-- (1) In general.--Paragraph (1) of section 51(d) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of subparagraph (H), by striking the period at the end of subparagraph (I) and inserting ``, or'', and by adding at the end the following new subparagraph: ``(J) a qualified long-term unemployed individual.''. (2) Definition.--Subsection (d) of section 51 of such Code is amended by redesignating paragraphs (11) through (14) as paragraphs (12) through (15), respectively, and by inserting after paragraph (10) the following new paragraph: ``(11) Qualified long-term unemployed individual.-- ``(A) In general.--The term `qualified long-term unemployed individual' means any individual who was not a student for at least 6 months during the 1-year period ending on the hiring date and is certified by the designated local agency as having aggregate periods of unemployment during the 1-year period ending on the hiring date which equal or exceed 6 months. ``(B) Student.--For purposes of this paragraph, a student is an individual enrolled at least half-time in a program that leads to a degree, certificate, or other recognized educational credential for at least 6 months whether or not consecutive during the 1-year period ending on the hiring date.''. (c) Simplified Certification.--Section 51(d) of the Internal Revenue Code of 1986, as amended by subsection (b)(2), is amended by adding at the end the following new paragraph: ``(16) Simplified certification for qualified long-term unemployed individuals.-- ``(A) In general.--Any individual under paragraph (11) will be treated as certified by the designated local agency as having aggregate periods of unemployment described in such paragraph if the individual is certified by the designated local agency as being in receipt of unemployment compensation under State or Federal law for not less than 6 months during the 1-year period ending on the hiring date. ``(B) Regulatory authority.--The Secretary in the Secretary's discretion may provide alternative methods for certification under paragraph (11).''. (d) Credit Made Available to Tax-Exempt Employers in Certain Circumstances.--Section 52(c) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``No credit'' and inserting: ``(1) In general.--Except as provided in paragraph (2), no'', and (2) by adding at the end the following new paragraph: ``(2) Exception.-- ``(A) In general.--In the case of any tax-exempt employer, there shall be treated as a credit allowable under subpart C (and not allowable under subpart D) the lesser of-- ``(i) the amount of the work opportunity credit determined under this subpart with respect to such employer that is related to the hiring of qualified long-term unemployed individuals described in section 51(d)(11), or ``(ii) the amount of the payroll taxes of the employer during the calendar year in which the taxable year begins. ``(B) Credit amount.--In the case of any tax-exempt employer, the work opportunity credit under subparagraph (A) shall be determined by substituting `26 percent' for `40 percent' in subsections (a) and (i)(3)(A) of section 51 and by substituting `16.25 percent' for `25 percent' in section 51(i)(3)(A). ``(C) Tax-exempt employer.--For purposes of this paragraph, the term `tax-exempt employer' means an employer which is-- ``(i) an organization described in section 501(c) and exempt from taxation under section 501(a), or ``(ii) a public higher education institution (as defined in section 101 of the Higher Education Act of 1965). ``(D) Payroll taxes.--For purposes of this paragraph, the term `payroll taxes' means-- ``(i) amounts required to be withheld from the employees of the tax-exempt employer under section 3402(a), ``(ii) amounts required to be withheld from such employees under section 3101, and ``(iii) amounts of the taxes imposed on the tax-exempt employer under section 3111.''. (e) Treatment of Possessions.-- (1) Payments to possessions.-- (A) Mirror code possessions.--The Secretary of the Treasury shall pay to each possession of the United States with a mirror code tax system amounts equal to the loss to that possession by reason of the application of the amendments made by this section (other than this subsection). Such amounts shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession of the United States. (B) Other possessions.--The Secretary of the Treasury shall pay to each possession of the United States, which does not have a mirror code tax system, amounts estimated by the Secretary of the Treasury as being equal to the aggregate credits that would have been provided by the possession by reason of the application of the amendments made by this section (other than this subsection) if a mirror code tax system had been in effect in such possession. The preceding sentence shall not apply with respect to any possession of the United States unless such possession has a plan, which has been approved by the Secretary of the Treasury, under which such possession will promptly distribute such payments. (2) Coordination with credit allowed against united states income taxes.--No increase in the credit determined under section 38(b) of the Internal Revenue Code of 1986 that is attributable to the credit provided by the amendments made by this section (other than this subsection) shall be taken into account with respect to any person-- (A) to whom a credit is allowed against taxes imposed by the possession of the United States by reason of the amendments made by this section for such taxable year, or (B) who is eligible for a payment under a plan described in paragraph (1)(B) with respect to such taxable year. (3) Definitions and special rules.-- (A) Possession of the united states.--For purposes of this subsection, the term ``possession of the United States'' includes American Samoa, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, Guam, and the United States Virgin Islands. (B) Mirror code tax system.--For purposes of this subsection, the term ``mirror code tax system'' means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States. (C) Treatment of payments.--For purposes of section 1324(b)(2) of title 31, United States Code, rules similar to the rules of section 1001(b)(3)(C) of the American Recovery and Reinvestment Tax Act of 2009 shall apply. (f) Effective Date.--The amendments made by this section shall apply to individuals who begin work for the employer after the date of the enactment of this Act.

Back to Work Tax Credit - Amends the Internal Revenue Code to allow an increased work opportunity tax credit for the hiring of a qualified long-term unemployed individual. Defines "qualified long-term unemployed individual" as any individual who was not a student for at least six months during the one-year period ending on the hiring date and is certified as having aggregate periods of unemployment during the one-year period ending on the hiring date which equal or exceed six months. Allows tax-exempt charitable organizations or public institutions of higher education to claim the lesser of the amount of the work opportunity credit or the amount of payroll taxes paid during the calendar year for hiring qualified long-term unemployed individuals.

A bill to amend the Internal Revenue Code of 1986 to provide work opportunity tax credits for the hiring of long-term unemployed workers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Free Sugar Act of 2011''. SEC. 2. SUGAR PROGRAM. Section 156 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7272) is repealed. SEC. 3. ELIMINATION OF SUGAR PRICE SUPPORT AND PRODUCTION ADJUSTMENT PROGRAMS. (a) In General.--Notwithstanding any other provision of law-- (1) a processor of any of the 2012 or subsequent crops of sugarcane or sugar beets shall not be eligible for a loan under any provision of law with respect to the crop; and (2) the Secretary of Agriculture may not make price support available, whether in the form of a loan, payment, purchase, or other operation, for any of the 2012 and subsequent crops of sugar beets and sugarcane by using the funds of the Commodity Credit Corporation or other funds available to the Secretary. (b) Termination of Marketing Quotas and Allotments.-- (1) In general.--Part VII of subtitle B of title III of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359aa et seq.) is repealed. (2) Conforming amendment.--Section 344(f)(2) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1344(f)(2)) is amended by striking ``sugar cane for sugar, sugar beets for sugar,''. (c) General Powers.-- (1) Section 32 activities.--Section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), is amended in the second sentence of the first paragraph-- (A) in paragraph (1), by inserting ``(other than sugar beets and sugarcane)'' after ``commodities''; and (B) in paragraph (3), by inserting ``(other than sugar beets and sugarcane)'' after ``commodity''. (2) 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 ``, sugar beets, and sugarcane'' after ``tobacco''. (3) Price support for nonbasic agricultural commodities.-- Section 201(a) of the Agricultural Act of 1949 (7 U.S.C. 1446(a)) is amended by striking ``milk, sugar beets, and sugarcane'' and inserting ``, and milk''. (4) Commodity credit corporation storage payments.--Section 167 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7287) is repealed. (5) Suspension and repeal of permanent price support authority.--Section 171(a)(1) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7301(a)(1)) is amended-- (A) by striking subparagraph (E); and (B) by redesignating subparagraphs (F) through (I) as subparagraphs (E) through (H), respectively. (6) Storage facility loans.--Section 1402(c) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7971) is repealed. (7) Feedstock flexibility program for bioenergy producers.--Section 9010 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8110) is repealed. (d) Transition Provisions.--This section and 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 this section and the amendments made by this section. SEC. 4. ELIMINATION OF SUGAR TARIFF AND OVER-QUOTA TARIFF RATE. (a) Elimination of Tariff on Raw Cane Sugar.--Chapter 17 of the Harmonized Tariff Schedule of the United States is amended by striking subheadings 1701.11 through 1701.11.50 and inserting in numerical sequence the following new subheading, with the article description for such subheading having the same degree of indentation as the article description for subheading 1701.11, as in effect on the day before the date of the enactment of this section: `` 1701.11.00 Cane sugar......... Free ................... 39.85 cents/kg ''. (b) Elimination of Tariff on Beet Sugar.--Chapter 17 of the Harmonized Tariff Schedule of the United States is amended by striking subheadings 1701.12 through 1701.12.50 and inserting in numerical sequence the following new subheading, with the article description for such subheading having the same degree of indentation as the article description for subheading 1701.12, as in effect on the day before the date of the enactment of this section: `` 1701.12.00 Beet sugar......... Free ................... 42.05 cents/kg '' . (c) Elimination of Tariff on Certain Refined Sugar.--Chapter 17 of the Harmonized Tariff Schedule of the United States is amended-- (1) by striking the superior text immediately preceding subheading 1701.91.05 and by striking subheadings 1701.91.05 through 1701.91.30 and inserting in numerical sequence the following new subheading, with the article description for such subheading having the same degree of indentation as the article description for subheading 1701.12.05, as in effect on the day before the date of the enactment of this section: `` 1701.91.02 Containing added Free ................... 42.05 cents/kg '' coloring but not ; containing added flavoring matter.. (2) by striking subheadings 1701.99 through 1701.99.50 and inserting in numerical sequence the following new subheading, with the article description for such subheading having the same degree of indentation as the article description for subheading 1701.99, as in effect on the day before the date of the enactment of this section: `` 1701.99.00 Other.............. Free ................... 42.05 cents/kg '' ; (3) by striking the superior text immediately preceding subheading 1702.90.05 and by striking subheadings 1702.90.05 through 1702.90.20 and inserting in numerical sequence the following new subheading, with the article description for such subheading having the same degree of indentation as the article description for subheading 1702.60.22: `` 1702.90.02 Containing soluble Free 42.05 cents/kg '' non-sugar solids ; (excluding any foreign substances, including but not limited to molasses, that may have been added to or developed in the product) equal to 6 percent or less by weight of the total soluble solids............ and (4) by striking the superior text immediately preceding subheading 2106.90.42 and by striking subheadings 2106.90.42 through 2106.90.46 and inserting in numerical sequence the following new subheading, with the article description for such subheading having the same degree of indentation as the article description for subheading 2106.90.39: `` 2106.90.40 Syrups derived from Free 42.50 cents/kg '' cane or beet . sugar, containing added coloring but not added flavoring matter.. (d) Conforming Amendment.--Chapter 17 of the Harmonized Tariff Schedule of the United States is amended by striking additional U.S. note 5. (e) Administration of Tariff-Rate Quotas.--Section 404(d)(1) of the Uruguay Round Agreements Act (19 U.S.C. 3601(d)(1)) is amended-- (1) by inserting ``or'' at the end of subparagraph (B); (2) by striking ``; or'' at the end of subparagraph (C) and inserting a period; and (3) by striking subparagraph (D). (f) Effective Date.--The amendments made by this section apply with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act. SEC. 5. APPLICATION. Except as otherwise provided in this Act, this Act and the amendments made by this Act shall apply beginning with the 2012 crop of sugar beets and sugarcane.

Free Sugar Act of 2011 - Amends the Federal Agriculture Improvement and Reform Act of 1996 to repeal the sugar loan program.

A bill to repeal the Federal sugar program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Welfare Extension and Marriage Promotion Act of 2004''. SEC. 2. EXTENSION OF THE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK GRANT PROGRAM THROUGH JUNE 30, 2004. (a) In General.--Activities authorized by part A of title IV of the Social Security Act (except section 403(a)(2) of such Act, as in effect during fiscal year 2002), and by sections 510, 1108(b), and 1925 of such Act, shall continue through June 30, 2004, in the manner authorized for fiscal year 2002, notwithstanding section 1902(e)(1)(A) of such Act, and out of any money in the Treasury of the United States not otherwise appropriated, there are hereby appropriated such sums as may be necessary for such purpose. Grants and payments may be made pursuant to this authority through the third quarter of fiscal year 2004 at the level provided for such activities through the third quarter of fiscal year 2002. (b) Conforming Amendment.--Section 403(a)(3)(H)(ii) of the Social Security Act (42 U.S.C. 603(a)(3)(H)(ii)) is amended by striking ``March 31'' and inserting ``June 30''. SEC. 3. EXTENSION OF THE NATIONAL RANDOM SAMPLE STUDY OF CHILD WELFARE AND CHILD WELFARE WAIVER AUTHORITY THROUGH JUNE 30, 2004. Activities authorized by sections 429A and 1130(a) of the Social Security Act shall continue through June 30, 2004, in the manner authorized for fiscal year 2002, and out of any money in the Treasury of the United States not otherwise appropriated, there are hereby appropriated such sums as may be necessary for such purpose. Grants and payments may be made pursuant to this authority through the third quarter of fiscal year 2004 at the level provided for such activities through the third quarter of fiscal year 2002. SEC. 4. HEALTHY MARRIAGE PROMOTION GRANTS; REPEAL OF BONUS FOR REDUCTION OF ILLEGITIMACY RATIO. Section 403(a)(2) of the Social Security Act (42 U.S.C. 603(a)(2)) is amended to read as follows: ``(2) Healthy marriage promotion grants.-- ``(A) Authority.--The Secretary shall award competitive grants to States, territories, and tribal organizations for not more than 50 percent of the cost of developing and implementing innovative programs to promote and support healthy, married, 2-parent families. ``(B) Healthy marriage promotion activities.--Funds provided under subparagraph (A) shall be used to support any of the following programs or activities: ``(i) Public advertising campaigns on the value of marriage and the skills needed to increase marital stability and health. ``(ii) Education in high schools on the value of marriage, relationship skills, and budgeting. ``(iii) Marriage education, marriage skills, and relationship skills programs, that may include parenting skills, financial management, conflict resolution, and job and career advancement, for non-married pregnant women and non-married expectant fathers. ``(iv) Pre-marital education and marriage skills training for engaged couples and for couples or individuals interested in marriage. ``(v) Marriage enhancement and marriage skills training programs for married couples. ``(vi) Divorce reduction programs that teach relationship skills. ``(vii) Marriage mentoring programs which use married couples as role models and mentors in at-risk communities. ``(viii) Programs to reduce the disincentives to marriage in means-tested aid programs, if offered in conjunction with any activity described in this subparagraph. ``(C) Appropriation.--Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated for fiscal year 2004 $50,000,000 for grants under this paragraph.''. SEC. 5. SECRETARY'S FUND FOR RESEARCH, DEMONSTRATIONS, AND TECHNICAL ASSISTANCE. Section 413 of the Social Security Act (42 U.S.C. 613) is amended by adding at the end the following: ``(k) Funding for Research, Demonstrations, and Technical Assistance.--Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated $50,000,000 for fiscal year 2004, which shall be available to the Secretary for the purpose of conducting and supporting research and demonstration projects by public or private entities, and providing technical assistance to States, Indian tribal organizations, and such other entities as the Secretary may specify that are receiving a grant under this part, which shall be expended primarily on activities described in section 403(a)(2)(B), and which shall be in addition to any other funds made available under this part.''.

Welfare Extension and Marriage Promotion Act of 2004 - Extends through June 30, 2004, the activities authorized by part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act (SSA) (except with respect to the bonus to reward decrease in illegitimacy ratio), and related activities with respect to the separate abstinence education program under SSA title V (Maternal and Child Health Services) and other matters, to be continued in the manner authorized for FY 2002. Makes necessary appropriations. Extends through June 30, 2004, the national random sample study of child welfare under SSA title IV part A and child welfare waiver authority, to be continued in the manner authorized for FY 2002. Amends part A of SSA title IV to replace provisions for bonus to reward decrease in illegitimacy ratio with provisions for healthy marriage promotion grants. Makes appropriations. Provides funding for research, demonstrations, and technical assistance.

To reauthorize the Temporary Assistance for Needy Families block grant program through June 30, 2004, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emigrant Wilderness Preservation Act of 2001''. SEC. 2. OPERATION AND MAINTENANCE OF CERTAIN WATER IMPOUNDMENT STRUCTURES IN THE EMIGRANT WILDERNESS, STANISLAUS NATIONAL FOREST, CALIFORNIA. (a) Cooperative Agreement For Maintenance and Operation.--The Secretary of Agriculture shall enter into a cooperative agreement with a non-Federal entity described in subsection (c), under which the entity will retain, maintain, and operate at private expense the water impoundment structures specified in subsection (b) that are located within the boundaries of the Emigrant Wilderness in the Stanislaus National Forest, California, as designated by section 2(b) of Public Law 93-632 (88 Stat. 2154; 16 U.S.C. 1132 note). (b) Covered Water Impoundment Structures.--The cooperative agreement required by subsection (a) shall cover the water impoundment structures located at the following: (1) Cow Meadow Lake. (2) Y-Meadow Lake. (3) Huckleberry Lake. (4) Long Lake. (5) Lower Buck Lake. (6) Leighton Lake. (7) High Emigrant Lake. (8) Emigrant Meadow Lake. (9) Middle Emigrant Lake. (10) Emigrant Lake. (11) Snow Lake. (12) Bigelow Lake. (c) Eligible Entity.--The following non-Federal entities are eligible to enter into the cooperative agreement under subsection (a): (1) A non-profit organization as defined in section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)). (2) The State of California or a political subdivision of the State. (3) A private individual, organization, corporation, or other legal entity. (d) Responsibilities of the Secretary.-- (1) Map.--The Secretary of Agriculture shall prepare a map identifying the location, size, and type of each water impoundment structure covered by the cooperative agreement under subsection (a). (2) Terms and conditions of agreement.--The Secretary shall prescribe the terms and conditions of the cooperative agreement, which shall set forth the rights and obligations of the Secretary and the non-Federal entity. At a minimum, the cooperative agreement shall-- (A) require the non-Federal entity to operate and maintain the water impoundment structures covered by the agreement in accordance with a plan of operations approved by the Secretary; (B) require approval by the Secretary of all operation and maintenance activities to be conducted by the non-Federal entity; (C) require the non-Federal entity to comply with all applicable State and Federal environmental, public health, and safety requirements; and (D) establish enforcement standards, including termination of the cooperative agreement for noncompliance by the non-Federal entity with the terms and conditions. (3) Compliance.--The Secretary shall ensure that the non- Federal entity remains in compliance with the terms and conditions of this section and the cooperative agreement. (e) Responsibilities of the Non-Federal Entity.--The non-Federal entity shall be responsible for-- (1) carrying out its operation and maintenance activities with respect to the water impoundment structures covered by the cooperative agreement under subsection (a) in conformance with this section and the cooperative agreement; and (2) the costs associated with the maintenance and operation of the structures. (f) Prohibition on Use of Mechanized Transport and Motorized Equipment.--The non-Federal entity may not use mechanized transport or motorized equipment-- (1) to operate or maintain the water impoundment structures covered by the cooperative agreement under subsection (a); or (2) to otherwise conduct activities in the Emigrant Wilderness pursuant to the cooperative agreement. (g) Expansion of Agreement to Cover Additional Structures.--In the case of the six water impoundment structures located within the boundaries of the Emigrant Wilderness, but not specified in subsection (b), the Secretary of Agriculture may expand the scope of the cooperative agreement under subsection (a), with the consent of the State of California and the other party to the agreement, to include one or more of these structures, subject to the same terms and conditions as apply to the structures specified in subsection (b). (h) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Agriculture $20,000 to cover administrative costs incurred by the Secretary to comply with the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) in carrying out this section. Passed the House of Representatives September 10, 2001. Attest: JEFF TRANDAHL, Clerk.

Emigrant Wilderness Preservation Act of 2001 - Directs the Secretary of Agriculture, with respect to the Emigrant Wilderness in the Stanislaus National Forest, California, to enter into an agreement with a non-Federal entity (non-profit or private entity, or the State of California or political subdivision) to retain, maintain, and operate at private expense 12 specified water impoundment structures. Authorizes the Secretary, with the consent of California and the other agreeing party, to include up to six additional, similarly-located structures within such agreement.Authorizes appropriations.

To direct the Secretary of Agriculture to enter into a cooperative agreement to provide for retention, maintenance, and operation, at private expense, of 12 concrete dams and weirs located within the boundaries of the Emigrant Wilderness in the Stanislaus National Forest, California, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Financial Security Credit Act of 2013''. SEC. 2. FINDINGS. Congress finds the following: (1) The personal savings rate reached historic lows in the past decade, and a lack of personal savings was a major contributor to the depth and severity of the recession of 2007- 2009. (2) Households continue to lack the savings or structures to meet short-term and long-term needs, as evidenced by the following: (A) According to the Employee Benefit Research Institute, among full-time, full-year wage and salary workers ages 21-64, only 54.5 per cent participated in a retirement plan in 2010. (B) According to the Federal Deposit Insurance Corporation's 2011 Survey of Unbanked and Underbanked Households, an estimated 8.2 percent of United States households, approximately 10 million households, are unbanked. These households do not have a checking or savings account. In total, 29.3 percent of households do not have a savings account. (C) More than 1 in 4 American households lives in ``asset poverty'', meaning they lack the savings or other assets to cover basic expenses (equivalent to what could be purchased with a poverty level income) for three months if a layoff or other emergency leads to loss of income. If assets that cannot easily be converted to cash, are excluded, such as a home or a business, as many as 4 in 10 households live in ``liquid asset poverty'', meaning they lack the cash savings to survive three months at the poverty line. (3) Savings make families more resilient to financial shocks and more upwardly mobile, as evidenced by the following: (A) Even small sums of savings, $2,000 or less, have been shown to significantly reduce the incidence of negative financial or material outcomes, such as foregoing adequate nutrition. (B) Children born to low-income, high saving parents are much more likely (71 percent) to move up the economic ladder than children born to low-income, low-saving parents (50 percent) over a generation. (4) Successful pilot programs have been run in cities as diverse as Houston, Texas; Newark, New Jersey; New York City, New York; San Antonio, Texas; and Tulsa, Oklahoma. These programs, run through Volunteer Income Tax Assistance sites serving only a fraction of potentially eligible tax filers in each city, have shown that tax filers with low incomes can and will save when presented with the right incentive at the right moment. (5) It is in the economic interests of the United States to promote savings among all members of society, regardless of income. SEC. 3. FINANCIAL SECURITY CREDIT. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 36C the following new section: ``SEC. 36D. FINANCIAL SECURITY CREDIT. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this subtitle for a taxable year an amount equal to the lesser of-- ``(1) $500, or ``(2) 50 percent of the total amount deposited or contributed by the taxpayer in accordance with subsection (b)(1) into designated savings products during such taxable year. ``(b) Limitations.-- ``(1) Credit must be deposited in or contributed to designated savings product.--No amount shall be allowed as a credit under subsection (a) for a taxable year unless the taxpayer designates on the taxpayer's return of tax for the taxable year that the amount of the credit for such taxable year be deposited in or contributed to one or more designated savings products of the taxpayer and the Secretary makes such deposits or contributions to the designated savings products. ``(2) Limitation based on adjusted gross income.-- ``(A) In general.--The amount of the credit allowable under subsection (a) shall be reduced (but not below zero) by an amount which bears the same ratio to the amount of such credit (determined without regard to this paragraph) as-- ``(i) the amount by which the taxpayer's adjusted gross income exceeds the threshold amount, bears to ``(ii) $15,000. ``(B) Threshold amount.--For purposes of subparagraph (A), the term `threshold amount' means-- ``(i) $55,500 in the case of a joint return, ``(ii) $41,625 in the case of an individual who is not married, and ``(iii) 50 percent of the dollar amount in effect under clause (i) in the case of a married individual filing a separate return. For purposes of this subparagraph, marital status shall be determined under section 7703. ``(c) Designated Savings Product.--For purposes of this section, the term `designated savings product' means any of the following: ``(1) A qualified retirement plan (as defined in section 4974(c)). ``(2) A qualified tuition program (as defined in section 529). ``(3) A Coverdell education savings account (as defined in section 530). ``(4) A United States savings bond. ``(5) A certificate of deposit (or similar class of deposit) with a duration of at least 8 months. ``(6) A savings account. ``(7) Any other type of savings product considered to be appropriate by the Secretary for the purposes of this section. ``(d) Special Rules.-- ``(1) Tax refunds treated as deposited or contributed in current taxable year.--For purposes of subsection (a)(2), the amount of any overpayment of taxes refunded to the taxpayer (reduced by any amount attributable to the credit allowed under this section by reason of being considered as an overpayment by section 6401(b)) and designated for deposit in or contribution to a designated savings product of the taxpayer shall be treated as an amount deposited or contributed in the taxable year in which so deposited or contributed. ``(2) Maintenance of deposit.--No contribution or deposit shall be taken into account under subsection (a) unless such contribution or deposit remains in the designated savings product for not less than 8 continuous months. ``(3) Reduction in deposits in designated savings products.-- ``(A) In general.--The amount of deposits or contributions taken into account under subsection (a) shall be reduced (but not below zero) by the aggregate amount of distributions (other than interest from designated savings products specified in paragraphs (4), (5), (6), and (7) of subsection (c)) from all designated savings products of the taxpayer during the testing period. The preceding sentence shall not apply to the portion of any distribution which is not includible in gross income by reason of a trustee-to- trustee transfer or a rollover distribution. ``(B) Testing period.--For purposes of subparagraph (A), the testing period, with respect to a taxable year, is the period which includes-- ``(i) such taxable year, ``(ii) the 2 preceding taxable years, and ``(iii) the period after such taxable year and before the due date (including extensions) for filing the return of tax for such taxable year. ``(C) Other rules.--Rules similar to subparagraphs (C) and (D) of section 25B(d)(2) shall apply for purposes of this paragraph. ``(4) Denial of double benefit.--No credit shall be allowed under section 25B with respect to any deposit for which a credit is allowed under this section. ``(5) Coordination with other refundable credits.--The credit allowed by subsection (a) shall be taken into account after taking into account the credits allowed by (or treated as allowed by) this subpart (other than this section). ``(e) Inflation Adjustments.-- ``(1) Credit limit.--In the case of any taxable year beginning in a calendar year after 2023, the dollar amount in subsection (a)(1) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2012' for `calendar year 1992' in subparagraph (B) thereof. ``(2) AGI thresholds.--In the case of any taxable year beginning in a calendar year after 2013, each of the dollar amounts in clauses (i) and (ii) of subsection (b)(2)(B) 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 2012' for `calendar year 1992' in subparagraph (B) thereof. ``(3) Rounding.-- ``(A) Credit limit.--If any increase under paragraph (1) is not a multiple of $10, such increase shall be rounded to the next lowest multiple of $10. ``(B) AGI thresholds.--If any increase under paragraph (1) is not a multiple of $100, such increase shall be rounded to the next lowest multiple of $100. ``(f) Regulations.--Not later than 12 months from date of enactment of this section, the Secretary shall issue such regulations or other guidance as the Secretary determines necessary or appropriate to carry out this section, including regulations or guidance-- ``(1) to ensure that designated savings products are subject to appropriate reporting requirements, including the reporting of contributions and other deposits during the calendar year, end of calendar year account balances, and earnings from designated savings products specified in paragraphs (4), (5), (6), and (7) of subsection (c), ``(2) to carry out the maintenance of deposit provisions under subsection (d)(2), and ``(3) to prevent avoidance of the purposes of this subsection.''. (b) Conforming Amendments.-- (1) Section 1324(b)(2) of title 31, United States Code, is amended by inserting ``36D,'' after ``36B,''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36C the following new item: ``Sec. 36D. Financial security credit.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2013. SEC. 4. OPENING OF ACCOUNTS ON FEDERAL INCOME TAX RETURNS TO FACILITATE SAVINGS. (a) Notification of Option.-- (1) In general.--The Commissioner of Internal Revenue shall notify individuals who may qualify for a credit under section 36D of the Internal Revenue Code of 1986 but fail to provide sufficient information to allow the Secretary to deposit or contribute the credit amount to a designated savings product that they have the option of an electronic direct deposit and that they may be eligible for the financial security credit under section 36D of the Internal Revenue Code of 1986 if they deposit a refund or a portion of their refund in any designated savings product. (2) Method of notification.--The notification under paragraph (1) shall be made through-- (A) a public awareness program undertaken by the Secretary of the Treasury, in concert with the Commissioner of the Internal Revenue and others as necessary, beginning not later than 6 months after the date of the enactment of this Act; (B) tax return preparers and low-income taxpayer clinics; and (C) the inclusion of such a notice in the instruction material for any Federal income tax return. (b) Establishment of Designated Account Program.--The Secretary of the Treasury shall develop, in consultation with the Federal Management System, a program to minimize the delivery of non-electronic Federal income tax refunds by depositing refunds electronically to a safe, low- cost account held by a depository institution. This program shall include-- (1) provisions for such tax refunds to be deposited into a designated account; (2) establishment of account parameters with respect to minimum balance requirements, limitations on overdrafts, overdraft fees, other fees, and additional requirements; (3) establishment of means for the taxpayer to access the account electronically and to have timely, direct access to the funds in the account; and (4) provisions to allow taxpayers to open an account with their Federal income tax refunds through financial service providers, so long such account is held at a depository institution insured under the Federal Deposit Insurance Act or a credit union insured under the Federal Credit Union Act. (c) Effective Date.--The notification under subsection (a) and the program under subsection (b) shall be effective with respect to Federal income tax returns for taxable years beginning after December 31, 2013.

Financial Security Credit Act of 2013 - Amends the Internal Revenue Code to allow an income-based tax credit equal to the lesser of $500 or 50% of the total amount deposited or contributed into designated savings products in a taxable year. Defines "designated savings products" as a qualified retirement plan, a qualified tuition plan, a Coverdell education savings account, a U.S. savings bond, a certificate of deposit with a duration of at least 8 months, a savings account, or other savings product considered appropriate by the Secretary of the Treasury. Directs the Internal Revenue Service (IRS) to notify individual taxpayers who may qualify for a savings product tax credit that they have the option of an electronic direct deposit of any portion of their tax refund into a designated savings product.

Financial Security Credit Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Residential Solar Energy Act of 2001''. SEC. 2. CREDIT TO HOLDERS OF RESIDENTIAL SOLAR ENERGY BONDS. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 30B. CREDIT TO HOLDERS OF RESIDENTIAL SOLAR ENERGY BONDS. ``(a) Allowance of Credit.--In the case of a taxpayer who holds a Residential Solar Energy Bond on a 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 an amount equal to the sum of the credits determined under subsection (b) with respect to credit allowance dates during such year on which the taxpayer holds such bond. ``(b) Amount of Credit.-- ``(1) In general.--The amount of the credit determined under this subsection with respect to any credit allowance date for a Residential Solar Energy Bond is 25 percent of the annual credit determined with respect to such bond. ``(2) Annual credit.--The annual credit determined with respect to any Residential Solar Energy Bond is the product of-- ``(A) the applicable credit rate, multiplied by ``(B) the outstanding face amount of the bond. ``(3) Applicable credit rate.--For purposes of paragraph (1), the applicable credit rate with respect to an issue is the rate equal to an average market yield (as of the day before the date of issuance of the issue) on outstanding long-term corporate debt obligations (determined under regulations prescribed by the Secretary). ``(4) Special rule for issuance and redemption.--In the case of a bond which is issued during the 3-month period ending on a credit allowance date, the amount of the credit determined under this subsection with respect to such credit allowance date shall be a ratable portion of the credit otherwise determined based on the portion of the 3-month period during which the bond is outstanding. A similar rule shall apply when the bond is redeemed. ``(c) Residential Solar Energy Bond.--For purposes of this section-- ``(1) In general.--The term `Residential Solar Energy 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 to make qualified solar energy loans, ``(B) the bond is issued by a qualified utility, ``(C) the issuer designates such bond for purposes of this section, and ``(D) the term of each bond which is part of such issue does not exceed 15 years. ``(2) Qualified solar energy loan.-- ``(A) In general.--The term `qualified solar energy loan' means any loan without interest to the owner of any qualified residential property for the purchase and installation of photovoltaic cells on such property but only if-- ``(i) the excess of the electricity produced by such cells over the electricity consumed at the residential property is transmitted from such property for use by others, ``(ii) the net electricity produced or consumed at the residential property is metered, ``(iii) the owner receives a credit against future electricity consumption for the excess described in clause (i), ``(iv) the principal amount of the loan is payable in equal installments over 15 years (or, if shorter, the period specified by the utility), and ``(v) the loan is made under a program of the utility that-- ``(I) specifies an approved list of photovoltaic cell equipment and installers, and ``(II) contains other safeguards to ensure that the loan is used for its intended purpose. ``(B) Qualified utility.--The term `qualified utility' means any entity (including a governmental unit) engaged in the sale of electrical energy at retail in the United States ``(C) Qualified residential property.--The term `qualified residential property' means any single- family or multi-family residence. ``(d) Limitation on Amount of Bonds Designated.-- ``(1) In general.--The maximum aggregate face amount of bonds which may be designated under subsection (c)(1) by any qualified utility shall not exceed the limitation amount allocated to such utility under paragraph (3). ``(2) National limitation on amount of bonds designated.-- There is a national Residential Solar Energy Bond limitation of $24,000,000,000. ``(3) Allocation of limitation among utilities.-- ``(A) In general.--The national Residential Solar Energy Bond limitation shall be allocated by the Secretary of Energy during 2002, 2003, 2004, and 2005 to qualified utilities. In making such allocations, such Secretary shall give priorities to qualified utilities which provide subsidies (other than through the use of such Bonds) for the purchase and installation by residential customers of photovoltaic cells on their residences. ``(B) Unused allocations.--Any allocation made to a qualified utility which is not used within 6 months after the date of the allocation may be reallocated by the Secretary of Energy. ``(e) Limitation Based on Amount of Tax.-- ``(1) In general.--The credit allowed under subsection (a) for any taxable year shall not exceed the excess of-- ``(A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(B) the sum of the credits allowable under part IV of subchapter A (other than subpart C thereof, relating to refundable credits). ``(2) Carryover of unused credit.--If the credit allowable under subsection (a) exceeds the limitation imposed by paragraph (1) for such taxable year, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year. ``(f) Other Definitions.--For purposes of this section-- ``(1) Credit allowance date.--The term `credit allowance date' means-- ``(A) March 15, ``(B) June 15, ``(C) September 15, and ``(D) December 15. Such term includes the last day on which the bond is outstanding. ``(2) Bond.--The term `bond' includes any obligation. ``(g) Credit Included in Gross Income.--Gross income includes the amount of the credit allowed to the taxpayer under this section (determined without regard to subsection (e)) and the amount so included shall be treated as interest income. ``(h) Special Rules Relating to Arbitrage.-- ``(1) In general.--A bond shall not be treated as failing to meet the requirements of subsection (c)(1) solely by reason of the fact that the proceeds of the issue of which such bond is a part are invested for a reasonable temporary period until such proceeds are used in making qualified solar energy loans. ``(2) Earnings on proceeds.--Any earnings on proceeds during the temporary period shall be treated as proceeds of the issue for purposes of applying subsection (c)(1) and paragraph (1) of this subsection. ``(3) Treatment of loan repayments.--Principal repayments received during any calendar quarter shall not be treated as failing to meet the requirements of subsection (c)(1) if, before the end of the following calendar quarter, the amount of such repayments is used to make qualified solar energy loans, to redeem residential solar energy bonds, or to acquire zero interest State and local government series bonds. The term of a loan made from such repayments may extend beyond the last day that any bond issued as part of the issue financing the loan being repaid is outstanding; and, if so, the requirement that a loan be without interest shall not apply to the period after such last day. ``(i) Other Special Rules.-- ``(1) Bonds held by regulated investment companies.--If any Residential Solar Energy Bond is held by a regulated investment company, the credit determined under subsection (a) shall be allowed to shareholders of such company under procedures prescribed by the Secretary. ``(2) Credits may be stripped.--Under regulations prescribed by the Secretary-- ``(A) In general.--There may be a separation (including at issuance) of the ownership of a Residential Solar Energy Bond and the entitlement to the credit under this section with respect to such bond. In case of any such separation, the credit under this section shall be allowed to the person who on the credit allowance date holds the instrument evidencing the entitlement to the credit and not to the holder of the bond. ``(B) Certain rules to apply.--In the case of a separation described in subparagraph (A), the rules of section 1286 shall apply to the Residential Solar Energy Bond as if it were a stripped bond and to the credit under this section as if it were a stripped coupon. ``(3) Treatment for estimated tax purposes.--Solely for purposes of sections 6654 and 6655, the credit allowed by this section to a taxpayer by reason of holding a Residential Solar Energy Bond on a credit allowance date shall be treated as if it were a payment of estimated tax made by the taxpayer on such date. ``(4) Credit may be transferred.--Nothing in any law or rule of law shall be construed to limit the transferability of the credit allowed by this section through sale and repurchase agreements. ``(5) Reporting.--Issuers of Residential Solar Energy Bonds shall submit reports similar to the reports required under section 149(e). ``(j) Recapture of Portion of Credit Where Cessation of Qualified Use.-- ``(1) In general.--If any bond which when issued purported to be a Residential Solar Energy Bond ceases to meet the requirements of subsection (c), the issuer shall pay to the United States (at the time required by the Secretary) an amount equal to the aggregate of the credits allowable under this section (determined without regard to subsection (e)) for taxable years ending during the calendar year in which such cessation occurs and the 2 preceding calendar years. ``(2) Failure to pay.--If the issuer fails to timely pay the amount required by paragraph (1) with respect to any issue, the tax imposed by this chapter on each holder of any bond which is part of such issue shall be increased (for the taxable year of the holder in which such cessation occurs) by the aggregate decrease in the credits allowed under this section to such holder for taxable years beginning in such 3 calendar years which would have resulted solely from denying any credit under this section with respect to such issue for such taxable years. ``(3) Special rules.-- ``(A) Tax benefit rule.--The tax for the taxable year shall be increased under paragraph (2) only with respect to credits allowed by reason of this section which were used to reduce tax liability. In the case of credits not so used to reduce tax liability, the carryforwards and carrybacks under section 39 shall be appropriately adjusted. ``(B) No credits against tax.--Any increase in tax under paragraph (2) shall not be treated as a tax imposed by this chapter for purposes of determining-- ``(i) the amount of any credit allowable under this part, or ``(ii) the amount of the tax imposed by section 55.'' (b) Reporting.--Subsection (d) of section 6049 of such Code (relating to returns regarding payments of interest) is amended by adding at the end the following new paragraph: ``(8) Reporting of credit on residential solar energy bonds.-- ``(A) In general.--For purposes of subsection (a), the term `interest' includes amounts includible in gross income under section 30B(g) and such amounts shall be treated as paid on the credit allowance date (as defined in section 30B(f)(1)). ``(B) Reporting to corporations, etc.--Except as otherwise provided in regulations, in the case of any interest described in subparagraph (A) of this paragraph, subsection (b)(4) of this section shall be applied without regard to subparagraphs (A), (H), (I), (J), (K), and (L)(i). ``(C) Regulatory authority.--The Secretary may prescribe such regulations as are necessary or appropriate to carry out the purposes of this paragraph, including regulations which require more frequent or more detailed reporting.'' (c) Conforming Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 30B. Credit to holders of Residential Solar Energy Bonds.'' (d) Effective Date.--The amendments made by this section shall apply to obligations issued after December 31, 2001. (e) Guidelines for Applications.--Not later than January 1, 2002, guidelines specifying the criteria to be used in approving applications under section 30B(d)(3) of the Internal Revenue Code of 1986 (as added by this Act) shall be developed and published by the Secretary of Energy in the Federal Register.

Residential Solar Energy Act of 2001 - Amends the Internal Revenue Code to allow a credit, as specified, to holders of residential solar energy bonds. Defines such bonds.

To amend the Internal Revenue Code of 1986 to provide an interest-free source of capital to cover the costs of installing residential solar energy equipment.

SECTION 1. COVERAGE OF STATEWIDE BEHAVIORAL HEALTH ACCESS PROGRAM ACTIVITIES FOR CHILDREN UNDER AGE 21. (a) Child Behavioral Health Access Program Activities for Children Under Age 21.--Title XIX of the Social Security Act is amended by adding at the end the following new section: ``SEC. 1947. COVERAGE OF STATEWIDE BEHAVIORAL HEALTH ACCESS PROGRAM ACTIVITIES FOR CHILDREN UNDER AGE 21. ``(a) In General.--Notwithstanding section 1902(a)(10)(B) (relating to comparability) and any other provision of this title for which the Secretary determines it is necessary to waive in order to implement this section, beginning January 1, 2017, a State, at its option as a State plan amendment, may provide for medical assistance under this title for child behavioral health access program activities. ``(b) Definitions.--In this section: ``(1) Child behavioral health access administrative program activities.--The term `child behavioral health access administrative program activities' means administrative activities that are carried out with respect to a child behavioral health access administrative program. ``(2) Child behavioral health access administrative program.--The term `child behavioral health access administrative program' means a program that, with respect to behavioral health services furnished to individuals under 21 years of age-- ``(A) designs, develops, and implements an organized statewide or regional network of mental health professionals that may include child and adolescent psychiatrists, psychologists, social workers, psychiatric nurses, nurse practitioners, and substance abuse counselors to expand the capacity of pediatric primary care providers to deliver family- centered behavioral health care; ``(B) conducts an assessment of critical child behavioral health consultation needs among pediatric primary care providers and their preferred mechanisms for receiving consultation and training and technical assistance; ``(C) develops an online database and communication mechanisms, including telehealth, to facilitate consultation support to pediatric primary care providers, to track referrals for behavioral evaluation made by such providers, and to facilitate follow-up visits to such providers; ``(D) conducts training and provides technical assistance to pediatric primary care providers to support the prevention, early identification, diagnosis, treatment, and referral of children with mental or behavioral health conditions; ``(E) informs and assists pediatric providers in accessing child and adolescent psychiatry or behavioral health consultations, referral for behavioral evaluation and treatment, and in scheduling and conducting training and technical assistance; ``(F) informs children eligible to receive medical assistance under this title and their families about the availability of the assistance available through the program; ``(G) establishes mechanisms for measuring and monitoring increased access to child and adolescent behavioral health activities by pediatric primary care providers and expanded capacity of pediatric primary care providers to identify, treat, and refer children with mental or behavioral health problems; and ``(H) establishes mechanisms for coordination with other State mental or behavioral health resources for children and adolescents. ``(3) Pediatric primary care provider.--The term `pediatric primary care provider' includes a provider who is a general practitioner, family medicine physician, internal medicine physician, or pediatrician.''. (b) Enhanced FMAP.--Section 1903(a) of the Social Security Act (42 U.S.C. 1396b(a)) is amended-- (1) by redesignating paragraph (7) as paragraph (8); and (2) by inserting after paragraph (6) the following new paragraph: ``(7) for each calendar quarter during-- ``(A) 2016, an amount equal to 100 percent, ``(B) 2017, an amount equal to 90 percent, ``(C) 2018, an amount equal to 80 percent, ``(D) 2019, an amount equal to 70 percent, and ``(E) 2020 and each year thereafter, an amount equal to 60 percent, of so much of the sums expended by the State plan as are attributable to providing child behavioral health access administrative program activities (as defined in section 1947); plus''. (c) Effective Date.--The amendments made in this section shall apply to items and services furnished on or after the date that is 90 days after the date of the enactment of this Act.

This bill amends title XIX (Medicaid) of the Social Security Act to allow a state Medicaid program to provide, and receive an enhanced federal matching rate for providing, administrative activities carried out with respect to a behavioral health access program for individuals under 21 years of age.

To amend title XIX of the Social Security Act to provide for a State Medicaid option to enhance administrative matching funds to support statewide behavioral health access program activities for children under 21 years of age, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Opt Out of Iraq War Act of 2007''. SEC. 2. TAX PAYMENTS TO FUTURE FUND. (a) In General.--Subchapter A of chapter 61 of the Internal Revenue Code of 1986 (relating to information and returns) is amended by adding at the end the following new part: ``PART IX--OPT OUT OF IRAQ WAR ``Sec. 6097. Opt out of Iraq war. ``SEC. 6097. OPT OUT OF IRAQ WAR. ``(a) Designation of Tax Payments to Future Fund.--Every individual may designate that the following amounts be paid into the Future Fund established by section 9511. ``(1) Income tax.--Such individual's income tax payment for a taxable year. ``(2) Gift tax.--Such individual's payment of the tax imposed by section 2501. ``(3) Estate tax.--The payment of the tax imposed by section 2001 on the estate of such individual. ``(b) Limitation.-- ``(1) In general.--The amount of any payment which may be designated under this section shall not exceed the Iraq war funding percentage of such payment. ``(2) Iraq war funding percentage.-- ``(A) In general.--For purposes of this subsection, the Iraq war funding percentage, with respect to any payment made during a fiscal year, is the percentage (determined by the Comptroller of the United States) of the Federal budget which was spent during the preceding fiscal year on the war in Iraq. ``(B) Certain spending not taken into account.--For purposes of subparagraph (A), the amount determined to be spent on the war in Iraq during the preceding year shall be reduced by the amount which the Comptroller of the United States estimates will be spent during the fiscal year for which the percentage is being determined-- ``(i) to provide Iraq with humanitarian and other non-military assistance, and ``(ii) to provide for the withdrawal of United States infrastructure and personnel from Iraq. ``(C) Exclusion of certain trust funds from budget.--For purposes of this paragraph, none of the trust funds established under the Social Security Act or this title shall be treated as included in the Federal budget. ``(c) Special Rules Relating to Income Tax Payments.--For purposes of this section-- ``(1) Income tax payment.--The term `income tax payment' means the amount of tax imposed by chapter 1 and paid by or withheld for any taxable year to the extent not in excess of the taxpayer's income tax liability. ``(2) Income tax liability.--The term `income tax liability' means the amount of the tax imposed by chapter 1 on a taxpayer for any taxable year (as shown on such taxpayer's tax return) reduced by the sum of-- ``(A) the credits (as shown in such return) allowable under part IV of subchapter A of chapter 1 (other than subpart C thereof), and ``(B) the amount designated under section 6096. ``(3) Joint returns.--A designation may be made on a joint return only if both spouses make the designation. ``(d) Designation of Estate Tax Payments.--The designation under subsection (a)(3) may be made by the executor of the estate under written authority of the decedent. ``(e) Manner and Time of Designations.--A designation under subsection (a) may be made-- ``(1) at the time of filing the return of the tax to which the designation relates, or ``(2) at any other time (after the time of filing such return) specified in regulations prescribed by the Secretary. Such designation shall be made in such manner as the Secretary prescribes by regulations except that, if such designation is made at the time described in paragraph (1), such designation shall be made on the page bearing the filer's signature. ``(f) Explanation of Future Fund Purposes.--Each publication of general instructions accompanying an income, estate, or gift tax return shall include-- ``(1) an explanation of the purpose of the Future Fund, and ``(2) an explanation of the process for making the designations under this section. ``(g) Termination.--This section shall not apply to payments made during any period that fewer than 25,000 members of the Armed Forces of the United States are serving in Iraq.''. (b) Clerical Amendment.--The table of parts for such subchapter A is amended by adding at the end the following new item: ``Part IX. Opt Out of Iraq War.''. SEC. 3. FUTURE FUND. (a) Creation of Trust Fund.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 (relating to trust fund code) is amended by adding at the end the following new section: ``SEC. 9511. FUTURE FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Future Fund', consisting of such amounts as may be appropriated or credited into such Fund as provided in this section and section 9602(b). ``(b) Transfers to Future Fund of Amounts Equivalent to Certain Taxes.--There are hereby appropriated to the Future Fund amounts equivalent to the sum of the amounts designated under section 6097 for payment into the Fund. ``(c) Expenditures From Future Fund.--Amounts in the Future Fund shall be available as follows: ``(1) Head start.--One-third of such amounts shall be available, as provided in appropriation Acts, to carry out the Head Start Act (42 U.S.C. 9831). ``(2) Reduction of national debt.--One-third of such amounts shall be available for reducing the national debt in accordance with subsection (d). ``(3) Children of iraq war veterans college fund.--One- third of such amounts shall be transferred to the Children of Iraq War Veterans College Fund in accordance with subsection (e). ``(d) Reduction of National Debt.--The Secretary of the Treasury shall, from time to time, transfer to the special account established by section 3113(d) of title 31, United States Code, the amounts described in subsection (c)(2). ``(e) Children of Iraq War Veterans College Fund.-- ``(1) Creation of college fund.--There is established in the Future Fund a separate account to be known as the `Children of Iraq War Veterans College Fund', consisting of amounts transferred or credited to the Children of Iraq War Veterans College Fund as provided in this section and section 9602(b). ``(2) Expenditures from college fund.--Amounts in the Children of Iraq War Veterans College Fund shall be available, as provided in appropriation Acts, to pay the qualified tuition and related expenses (as defined in section 117(b)(2)) of any individual if either parent of such individual served as a member of the Armed Forces of the United States in Iraq during any portion of the period that Iraq is designated as a combat zone for purposes of section 112 and-- ``(A) such portion is at least 180 days, ``(B) such parent died as a result of wounds, disease, or injury incurred while so serving, or ``(C) as a result of wounds, disease, or injury incurred while so serving, such parent was hospitalized and unable to return to duty in such zone.''. (b) Clerical Amendment.--The table of sections for such subchapter A is amended by adding at the end the following new item: ``Sec. 9511. Future Fund.''.

Opt Out of Iraq War Act of 2007 - Amends the Internal Revenue Code of 1986 to allow taxpayers to designate that the percentage of their income, estate, or gift tax payments that would otherwise be used to fund the Iraq war be paid into a Future Fund from which funding will be provided, in equal amounts, to the Head Start program, to reduce the national debt, and for a Children of Iraq War Veterans College Fund. Requires amounts in the College Fund to be used to pay the college costs of students that had a parent in the Armed Forces who served in the Iraq war for at least 180 days, died as the result of service in such war, or was hospitalized and unable to return to duty due to such service.

To amend the Internal Revenue Code of 1986 to allow individuals to designate that their income, estate, or gift tax payments be spent other than for purposes of supporting the war in Iraq and to provide that amounts so designated shall be used to provide funding for Head Start, to reduce the national debt, and to provide college funding for children of Iraq war veterans.

SECTION 1. SHORT TITLE. This Act may be cited as the ``World Trade Center Bombing Victims Compensation Act of 2003''. SEC. 2. REFERENCES. Except as otherwise expressly provided, wherever 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 a reference to the September 11th Victim Compensation Fund of 2001 (49 U.S.C. 40101 note; Public Law 107-42). SEC. 3. COMPENSATION FOR VICTIMS OF TERRORIST ACTS. (a) Definitions.--Section 402(6) is amended by inserting ``or related to the bombing of the World Trade Center in 1993'' before the period. (b) Purpose.--Section 403 is amended by inserting ``or as a result of the bombing of the World Trade Center in 1993'' before the period. (c) Determination of Eligibility for Compensation.-- (1) Claim form contents.--Section 405(a)(2)(B) is amended-- (A) in clause (i), by inserting ``or as a result of the bombing of the World Trade Center in 1993'' before the semicolon; (B) in clause (ii), by inserting ``or bombing'' before the semicolon; and (C) in clause (iii), by inserting ``or bombing'' before the period. (2) Limitation.--Section 405(a) is amended by striking paragraph (3) and inserting the following: ``(3) Limitation.-- ``(A) In general.--No claim may be filed under paragraph (1) after the date that is 2 years after the date on which regulations are promulgated under section 407. ``(B) Word trade center bombing claims.-- Notwithstanding subparagraph (A), a claim may be filed under paragraph (1) relating to the bombing of the World Trade Center in 1993 not later than 1 year after the date of enactment of the World Trade Center Bombing Victims Compensation Act of 2003.''. (3) Collateral compensation.--Section 405(b)(6) is amended by inserting ``or as a result of the bombing of the World Trade Center in 1993'' before the period. (4) Eligibility.-- (A) Individuals.--Section 405(c)(2)(A) is amended-- (i) in clause (i), by inserting ``or was present at the World Trade Center in 1993 at the time of the bombing of the World Trade Center'' before the semicolon; and (ii) by striking clause (ii) and inserting the following: ``(ii) suffered physical harm or death as a result of such an air crash or suffered death as a result of such bombing;''. (B) Requirements.--Section 405(c)(3) is amended-- (i) in the heading for subparagraph (B) by inserting ``relating to september 11th terrorist acts'' before the period; and (ii) by adding at the end the following: ``(C) Limitation on civil action relating to the bombing of the world trade center in 1993.-- ``(i) In general.--Upon the submission of a claim under this title, the claimant waives the right to file a civil action (or to be a party to an action) in any Federal or State court for damages sustained as a result of the bombing of the World Trade Center in 1993. The preceding sentence does not apply to a civil action to recover any collateral source obligation based on contract, or to a civil action against any person who is a knowing participant in any conspiracy to commit any terrorist act. ``(ii) Pending actions.--In the case of an individual who is a party to a civil action described in clause (i), such individual may not submit a claim under this title unless such individual withdraws from such action by the date that is 90 days after the date on which regulations are promulgated under section 4 of the World Trade Center Bombing Victims Compensation Act of 2003. ``(D) Individuals with prior compensation.-- ``(i) In general.--Subject to clause (ii), an individual is not an eligible individual for purposes of this subsection if that individual, or the estate of that individual, has received any compensation from a civil action or settlement based on tort related to the bombing of the World Trade Center in 1993. ``(ii) Exception.--Clause (i) shall not apply to compensation received from a civil action against any person who is a knowing participant in any conspiracy to commit any terrorist act.''. (C) Ineligibility of participants and conspirators.--Section 405(c) is amended by adding at the end the following: ``(4) Ineligibility of participants and conspirators.--An individual, or a representative of that individual, shall not be eligible to receive compensation under this title if that individual is identified by the Attorney General to have been a participant or conspirator in the bombing of the World Trade Center in 1993.''. SEC. 4. REGULATIONS. Not later than 90 days after the date of enactment of this Act, the Attorney General, in consultation with the Special Master, shall promulgate regulations to carry out the amendments made by this Act, including regulations with respect to-- (1) forms to be used in submitting claims under the amendments made by this Act; (2) the information to be included in such forms; (3) procedures for hearing and the presentation of evidence; (4) procedures to assist an individual in filing and pursuing claims under the amendments made by this Act; and (5) other matters determined appropriate by the Attorney General.

World Trade Center Bombing Victims Compensation Act of 2003 - Amends the September 11th Victim Compensation Fund of 2001 to allow claims filed with respect to the bombing of the World Trade Center in 1993.

A bill to amend the September 11th Victim Compensation Fund of 2001 (49 U.S.C. 40101 note; Public Law 107-42) to provide compensation for victims killed in the bombing of the World Trade Center in 1993, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tribal Government Amendments to the Homeland Security Act of 2002''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) there is a government-to-government relationship between the United States and each Indian tribal government; (2) through statutes and treaties, Congress has recognized the inherent sovereignty of Indian tribal governments and the rights of Native people to self-determination and self- governance; (3) each Indian tribal government possesses the inherent sovereign authority-- (A)(i) to establish its own form of government; (ii) to adopt a constitution or other organic governing documents; and (iii) to establish a tribal judicial system; and (B) to provide for the health and safety of those who reside on tribal lands, including the provision of law enforcement services on lands under the jurisdiction of the tribal government; (4) tribal emergency response providers, such as tribal emergency public safety officers, law enforcement officers, emergency response personnel, emergency medical personnel and facilities (including tribal and Indian Health Service emergency facilities), and related personnel, agencies, and authorities-- (A) play a crucial role in providing for the health and safety of those who reside on tribal lands; and (B) are necessary components of a comprehensive system to secure the homeland of the United States; (5) there are more than 25 Indian tribes that have primary jurisdiction over-- (A) lands within the United States that is adjacent to the Canadian or Mexican border; or (B) waters of the United States that provide direct access by boat to lands within the United States; (6) the border lands under the jurisdiction of Indian tribal governments comprises more than 260 miles of the approximately 7,400 miles of international border of the United States; (7) numerous Indian tribal governments exercise criminal, civil, and regulatory jurisdiction over lands on which dams, oil and gas deposits, nuclear or electrical power plants, water and sanitation systems, or timber or other natural resources are located; and (8) the involvement of tribal governments in the protection of the homeland of the United States is essential to the comprehensive maintenance of the homeland security of the United States. (b) Purposes.--The purposes of this Act are to ensure that-- (1) the Department of Homeland Security consults with, involves, coordinates with, and includes Indian tribal governments in carrying out the mission of the Department under the Homeland Security Act of 2002 (Public Law 107-296); and (2) Indian tribal governments participate fully in the protection of the homeland of the United States. SEC. 3. TABLE OF CONTENTS; DEFINITIONS. (a) Table of Contents.--The table of contents of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135) is amended by striking the item relating to section 801 and inserting the following: ``Sec. 801. Office of State, Tribal, and Local Government Coordination.''. (b) Definitions.--Section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101) is amended-- (1) in paragraph (6), by inserting ``tribal,'' after ``State,''; (2) by redesignating paragraphs (9), (10), (11), (12), (13), (14), (15), and (16) as paragraphs (10), (11), (12), (13), (14), (15), (16), and (19), respectively; (3) by inserting after paragraph (8) the following: ``(9) Indian tribe.--The term `Indian tribe' means any Indian tribe, band, nation, or other organized group or community located in the continental United States (excluding the State of Alaska) that is recognized as being eligible for the special programs and services provided by the United States to Indians because of their status as Indians.''; and (4) by inserting after paragraph (16) (as redesignated by paragraph (2)) the following: ``(17) Tribal college or university.--The term `tribal college or university' has the meaning given the term in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)). ``(18) Tribal government.--The term `tribal government' means the governing body of an Indian tribe that is recognized by the Secretary of the Interior.''. SEC. 4. DEPARTMENT OF HOMELAND SECURITY. (a) Secretary; Functions.--Section 102 of the Homeland Security Act of 2002 (6 U.S.C. 112) (as amended by section 7402 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458)) is amended-- (1) in subsection (c)-- (A) in the matter preceding paragraph (1), by striking ``Office of State and Local Coordination'' and inserting ``Office of State, Tribal, and Local Government Coordination and Preparedness''; and (B) in paragraphs (1), (2), and (3), by inserting ``, tribal,'' after ``State'' each place it appears; and (2) in subsection (f)-- (A) in paragraph (8), by inserting ``tribal,'' after ``State,''; and (B) in paragraph (10), by striking ``Office of State and Local Government Coordination and Preparedness'' and inserting ``Office of State, Tribal, and Local Government Coordination and Preparedness''. (b) Conforming Amendment.--Section 7405 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 112 note; Public Law 108-458) is amended by striking ``Office of State and Local Government Coordination and Preparedness'' and inserting ``Office of State, Tribal, and Local Government Coordination and Preparedness''. SEC. 5. INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION. (a) Directorate for Information Analysis and Infrastructure Protection.--Section 201(d) of the Homeland Security Act of 2002 (6 U.S.C. 121(d)) is amended-- (1) in paragraphs (1), (3), (6), (7)(B), (8), (9), (11), (13), and (16), by inserting ``, tribal,'' after ``State'' each place it appears; and (2) in paragraph (17), by inserting ``tribal,'' after ``State,''. (b) Access to Information.--Section 202(d)(2) of the Homeland Security Act of 2002 (6 U.S.C. 122(d)(2)) is amended by inserting ``, tribal,'' after ``State''. (c) Protection of Voluntarily Shared Critical Infrastructure Information.--Section 214 of the Homeland Security Act of 2002 (6 U.S.C. 133) is amended-- (1) in subsection (a)(1)-- (A) in subparagraph (D)(ii)(II), by striking ``General Accounting Office.'' and inserting ``Government Accountability Office;''; and (B) in subparagraph (E), by inserting ``, tribal,'' after ``State'' each place it appears; (2) in subsection (c), by inserting ``tribal,'' after ``State,''; and (3) in subsection (e)(2)(D), by inserting ``, tribal,'' after ``State''. (d) Enhancement of Non-Federal Cybersecurity.--Section 223(1) of the Homeland Security Act of 2002 (6 U.S.C. 143(1)) is amended by inserting ``, tribal,'' after ``State''. (e) Mission of Office; Duties.--Section 232 of the Homeland Security Act of 2002 (6 U.S.C. 162) is amended-- (1) in subsection (a)(2), by inserting ``tribal,'' after ``State,''; (2) in subsection (b)-- (A) in paragraphs (2) and (3), by inserting ``tribal,'' after ``State,'' each place it appears; (B) in paragraph (6)-- (i) in the matter preceding subparagraph (A), by inserting ``tribal,'' after ``State,''; and (ii) in subparagraph (H), by inserting ``, tribal,'' after ``State''; and (C) in paragraphs (9), (11), and (14), by inserting ``, tribal,'' after ``State'' each place it appears; and (3) in subsection (g)(1)(A), by inserting ``tribal,'' after ``State,''. (f) National Law Enforcement and Corrections Technology Centers.-- Section 235(d) of the Homeland Security Act of 2002 (6 U.S.C. 165(d)) is amended by inserting ``tribal,'' after ``State,''. SEC. 6. SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY. (a) Responsibilities and Authorities of the Undersecretary for Science and Technology.--Section 302(6) of the Homeland Security Act of 2002 (6 U.S.C. 182(6)) is amended by inserting ``tribal,'' after ``State,''. (b) Conduct of Certain Public Health-related Activities.--Section 304(a) of the Homeland Security Act of 2002 (6 U.S.C. 184(a)) is amended by inserting ``and the Indian Health Service'' after ``Public Health Service''. (c) Conduct of Research, Development, Demonstration, Testing, and Evaluation.--Section 308(b) of the Homeland Security Act of 2002 (6 U.S.C. 188(b)) is amended-- (1) in paragraph (1)(A), by striking ``colleges, universities,'' and inserting ``colleges and universities (including tribal colleges and universities),''; and (2) in paragraph (2)(B), by inserting ``(including tribal colleges or universities)'' after ``universities''. (d) Utilization of Department of Energy National Laboratories and Sites in Support of Homeland Security Activities.--Section 309(d) of the Homeland Security Act of 2002 (6 U.S.C. 189(d)) is amended by inserting ``, tribal,'' after ``State''. (e) Homeland Security Institute.--Section 312(d) of the Homeland Security Act of 2002 (6 U.S.C. 192(d)) is amended by inserting ``tribal colleges and universities,'' after ``education,''. (f) Technology Clearinghouse to Encourage and Support Innovative Solutions to Enhance Homeland Security.--Section 313 of the Homeland Security Act of 2002 (6 U.S.C. 193) is amended-- (1) in paragraphs (1) and (4) of subsection (b), by inserting ``tribal,'' after ``State,'' each place it appears; and (2) in subsection (c)(1), by inserting ``, tribal,'' after ``State''. SEC. 7. DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY. (a) Office for Domestic Preparedness.--Section 430(c)(5) of the Homeland Security Act of 2002 (6 U.S.C. 238(c)(5)) is amended by inserting ``, tribal,'' after ``State''. (b) Report on Improving Enforcement Functions.--Section 445(b) of the Homeland Security Act of 2002 (6 U.S.C. 255(b)) is amended by inserting ``, tribal,'' after ``heads of State''. SEC. 8. EMERGENCY PREPAREDNESS AND RESPONSE. (a) Responsibilities.--Section 502(5) of the Homeland Security Act of 2002 (6 U.S.C. 312(5)) is amended by inserting ``tribal,'' after ``State,''. (b) Conduct of Certain Public Health-related Activities.--Section 505(a) of the Homeland Security Act of 2002 (6 U.S.C. 315(a)) is amended-- (1) by inserting ``tribal,'' after ``State,''; and (2) by inserting ``and the Indian Health Service'' after ``Public Health Service''. SEC. 9. TREATMENT OF CHARITABLE TRUSTS FOR MEMBERS OF THE ARMED FORCES OF THE UNITED STATES AND OTHER GOVERNMENTAL ORGANIZATIONS. Section 601(c)(9)(B) of the Homeland Security Act of 2002 (6 U.S.C. 331(c)(9)(B)) is amended by inserting ``tribal,'' after ``State,''. SEC. 10. COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS. (a) Office for State and Local Government Coordination.--Section 801 of the Homeland Security Act of 2002 (6 U.S.C. 361) is amended-- (1) in the section heading, by inserting ``, tribal,'' after ``state''; (2) in subsection (a)-- (A) by inserting ``, Tribal,'' after ``Office for State''; and (B) by inserting ``, tribal,'' after ``relationships with State''; and (3) in subsection (b), by inserting ``, tribal,'' after ``State'' each place it appears. (b) Definitions for Support Anti-Terrorism by Fostering Effective Technologies Act.--Section 865(6) of the Homeland Security Act of 2002 (6 U.S.C. 444(6)) is amended by inserting ``, tribal,'' after ``State''. (c) Regulatory Authority and Preemption.--Section 877(b) of the Homeland Security Act of 2002 (6 U.S.C. 457(b)) is amended-- (1) in the subsection heading, by inserting ``, Tribal,'' after ``State''; and (2) by inserting ``, tribal,'' after ``State'' each place it appears. (d) Information Sharing.--Section 891 of the Homeland Security Act of 2002 (6 U.S.C. 481) is amended-- (1) in subsection (b)-- (A) in paragraphs (2), (4), (5), (7), (8), and (9), by inserting ``, tribal,'' after ``State'' each place it appears; (B) in paragraph (6)-- (i) by inserting ``, tribal,'' after ``certain State''; and (ii) by inserting ``tribal,'' after ``State,''; and (C) in paragraphs (10) and (11), by inserting ``tribal,'' after ``State,'' each place it appears; and (2) in subsection (c), by inserting ``tribal,'' after ``State,''. (e) Facilitating Homeland Security Information Sharing Procedures.--Section 892 of the Homeland Security Act of 2002 (6 U.S.C. 482) is amended-- (1) in subsection (a)(1)(A), by inserting ``, tribal,'' after ``State''; (2) in paragraphs (1), (2)(D), and (6) of subsection (b), by inserting ``, tribal,'' after ``State'' each place it appears; (3) in subsection (c)-- (A) in the subsection heading, by inserting ``, tribal,'' after ``State''; and (B) by inserting ``, tribal,'' after ``State'' each place it appears; (4) in subsection (e), by inserting ``, tribal,'' after ``State'' each place it appears; (5) in subsection (f)-- (A) in paragraph (1), by inserting ``tribal,'' after ``State,''; and (B) in paragraph (3)-- (i) in the matter preceding subparagraph (A), by inserting ``, tribal,'' after ``State''; (ii) in subparagraph (A), by inserting ``tribally or'' after ``other''; (iii) in subparagraph (B), by inserting ``, tribal,'' after ``State''; and (iv) in subparagraph (D), by inserting ``tribal,'' after ``State,''; and (6) in subsection (g), by inserting ``, tribal,'' after ``State''. (f) Report.--Section 893(a) of the Homeland Security Act of 2002 (6 U.S.C. 483(a)) is amended in the second sentence by inserting ``tribal,'' after ``State,''. SEC. 11. DEPARTMENT OF JUSTICE DIVISIONS. Section 1114(b) of the Homeland Security Act of 2002 (6 U.S.C. 532(b)) is amended by inserting ``tribal,'' after ``State,''. SEC. 12. AMENDMENTS TO OTHER LAWS. (a) Cyber Security Enhancement Act of 2002.-- (1) Emergency disclosure exception.--Section 2702(b)(8) of title 18, United States Code, is amended by inserting ``tribal,'' after ``State,''. (2) Protecting privacy.--Section 2701(b)(1) of title 18, United States Code, is amended by inserting ``or Indian tribe'' after ``or any State''. (b) National Institute of Justice.--Section 202(c)(11) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3722(c)(11)) is amended by inserting ``tribal,'' after ``State,''. (c) Homeland Security Funding Analysis in President's Budget.-- Section 1105(a)(33)(A)(iii) of title 31, United States Code, is amended by inserting ``, tribal,'' after ``State''. (d) Authority to Share Electronic, Wire, and Oral Interception Information.--Section 2517(8) of title 18, United States Code, is amended by inserting ``tribal,'' after ``State,'' each place it appears. (e) Foreign Intelligence Information.--Section 203(d)(1) of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 (50 U.S.C. 403-5d) is amended by inserting ``tribal,'' after ``State,'' each place it appears. (f) Foreign Intelligence Surveillance.-- (1) Information acquired from an electronic surveillance.-- Section 106(k)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1806(k)(1)) is amended by inserting ``or Indian tribe'' after ``subdivision)''. (2) Information acquired from a physical search.--Section 305(k)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1825(k)(1)) is amended by inserting ``or Indian tribe'' after ``subdivision)''. (g) Transfer of Certain Security and Law Enforcement Functions and Authorities.--Section 1315 of title 40, United States Code (as amended by section 1706(b)(1) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2316)), is amended-- (1) in subsection (d)(3), by inserting ``tribal,'' after ``State,''; and (2) in subsection (e), by inserting ``, tribal,'' after ``State'' each place it appears. SEC. 13. AUTHORIZATION FOR DIRECT FUNDING. The Secretary of Homeland Security may provide any funds made available under the Homeland Security Act of 2002 (Public Law 107-296) directly to any Indian tribe, band, nation, or other organized group or community located in the continental United States (excluding the State of Alaska) that is recognized as being eligible for the special programs and services provided by the United States to Indians because of their status as Indians.

Tribal Government Amendments to the Homeland Security Act of 2002 (sic) - Amends the Homeland Security Act of 2002, as amended by the Intelligence Reform and Terrorism Prevention Act of 2004, to include the participation of Indian tribes with respect to specified activities of the Secretary of Homeland Security. Amends the Cyber Security Enhancement Act of 2002, the Omnibus Crime Control and Safe Streets Act of 1968, the Federal Rules of Criminal Procedure, the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA Patriot Act), and the Foreign Intelligence Surveillance Act of 1978 to include Indian tribes among the participating entities. Authorizes the Secretary to provide for funds made available under the Homeland Security Act of 2002 directly to any Indian tribe, band, nation, or other organized group or community located in the continental United States that is recognized as being eligible for the special programs and services provided by the United States to Indians because of their status as Indians.

A bill to amend the Homeland Security Act of 2002 to include Indian tribes among the entities consulted with respect to activities carried out by the Secretary of Homeland Security, and for other purposes.

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Serving America's Veterans Effectively Act of 2014'' or the ``SAVE Act of 2014''. (b) Findings.--Congress makes the following findings: (1) Veterans often have unique health needs that may be related to their service to the American people and may be more at risk for certain conditions, including cancer, infectious diseases, musculoskeletal problems, post-traumatic stress disorder, traumatic brain injury, dermatological problems, reproductive health issues, and other conditions. (2) As part of a detailed patient history, knowing whether or not a patient is a veteran helps a physician to make accurate treatment recommendations or carry out needed screenings. (3) If a physician is not aware that a patient is a veteran, the physician may not think to perform recommended screenings or be able to diagnose symptoms that at first seemed unconnected. As a result, the patient and the patient's family may suffer as medical problems go undiagnosed or misdiagnosed. (4) Physicians routinely ask about similar types of patient history that can affect current health status, such as whether a patient has a family history of certain conditions or was exposed to certain environmental factors. Questions about veteran status give patients the opportunity to voluntarily answer with information that can help their physicians better establish a course of treatment. (5) Making the question of whether a patient served in the Armed Forces part of consistently used frameworks, such as the ``Welcome to Medicare'' physical examination and Medicare Electronic Health Record program, ensures that it will become part of clinicians' routine for new patients. (6) While many physicians, such as those working at Department of Veterans Affairs facilities, may already be aware of their patients' experiences in the Armed Forces, there are indications that as much as 70 percent of veterans seek care from other facilities. (7) Many organizations serving both veterans and health care professionals currently work to educate health providers on the health needs of veterans and appropriate medical care that should be provided. Additional Federal support is needed to ensure that all physicians are properly prepared to diagnose and treat patients upon learning that they have served in the Armed Forces. SEC. 2. ACTIVITIES TO PROMOTE IDENTIFICATION AND AWARENESS OF VETERANS HEALTH NEEDS IN FURNISHING ITEMS AND SERVICES UNDER MEDICARE, MEDICAID, AND OTHER PROGRAMS. (a) Inclusion of Veteran Status in Patient Information for Meaningful Use of Electronic Health Records Under Medicare and Medicaid.--In establishing regulations regarding what constitutes meaningful use with respect electronic health records in applying sections 1848(o), 1853(m), 1886(b)(3)(B)(ix), and 1886(n)(3) of the Social Security Act (42 U.S.C. 1395w-4(o), 1395w-23(m), 1395ww(b)(3)(B)(ix), 1395ww(n)(3)) and related provisions of title XIX of such Act, the Secretary of Health and Human Services shall include in the patient information required for meaningful use whether or not the patient served in the Armed Forces. (b) Identification of Veterans as Part of Individual History in Welcome to Medicare Visit.--In carrying out section 1861(ww) of the Social Security Act (42 U.S.C. 1395x(ww)), the Secretary of Health and Human Services shall include, as a component of reviewing an individual's medical and social history under an initial preventive physical examination under section 410.16 of title 42, Code of Federal Regulations, an inquiry as to whether the individual served in the Armed Forces and any relevant circumstances relating to that individual's service that may bear on the medical or social condition of that individual. (c) Additional Activities To Improve Awareness of Veterans' Health Care Needs.--The Secretary of Health and Human Services shall take such additional actions, otherwise authorized under law, as may be appropriate to promote awareness, among non-governmental physicians in their furnishing services, of the special circumstances and health care needs of veterans. SEC. 3. GRANTS FOR PROVIDER EDUCATION ON HEALTH TREATMENT FOR VETERANS. (a) In General.--The Secretary of Health and Human Services may make grants to organizations for the purpose of educating health care providers on appropriate health care treatment for patients who have served in the Armed Forces. Such grants shall be awarded under such terms and conditions as the Secretary shall specify. (b) Authorization of Appropriations.--There are authorized to be appropriated $10,000,000 to carry out this section, which shall remain available until expended.

Serving America's Veterans Effectively Act of 2014 or the SAVE Act of 2014 - Directs the Secretary of Health and Human Services (HHS) to: require the inclusion of a patient's status as a veteran in the patient information that the Secretary requires for meaningful use of electronic health records under the Medicare and Medicaid programs, include an inquiry into whether a patient is a veteran and any relevant circumstances relating to a veteran's service in the Armed Forces as part of the initial preventive examination of Medicare beneficiaries, and take such additional actions as may be appropriate to promote awareness among nongovernmental physicians of the special circumstances and health care needs of veterans. Authorizes the Secretary to make grants to organizations to educate health care providers on appropriate health care for veterans.

SAVE Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Victims of Polygamy Assistance Act of 2008''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Despite the fact that polygamy has been illegal in the United States for over 100 years, the practice of polygamy involving underage marriages is growing. Sizable polygamist communities exist in Arizona, Utah, and Nevada, and are expanding into other States. (2) Polygamist communities are typically controlled by organizations that engage in widespread and systematic violations of State laws and the laws of the United States in order to enrich their leaders and maintain control over their members. (3) The crimes perpetrated by these organizations include child abuse, domestic violence, welfare fraud, tax evasion, public corruption, witness tampering, and transporting victims across State lines. (4) Due to the systematic and sophisticated nature of these crimes, State and local law enforcement agencies would benefit from the assistance of the Federal Government as they investigate and prosecute these organizations and their leaders for violations of State law. In addition, violations of Federal law associated with polygamy should be investigated and prosecuted directly by Federal authorities. (5) The work of State and Federal law enforcement agencies to combat crimes by polygamist organizations would benefit from enhanced collaboration and information-sharing among such agencies. (6) The establishment of a task force within the Department of Justice to coordinate Federal efforts and collaborate with State agencies would aid in the investigation and prosecution of criminal activities of polygamist organizations in both Federal and State courts. (7) Polygamist organizations isolate, control, manipulate, and threaten victims with retribution should they ever abandon the organization. Individuals who choose to testify against polygamist organizations in Federal or State court have unique needs, including social services and witness protection support, that warrant Federal assistance. SEC. 3. ESTABLISHMENT OF A FEDERAL POLYGAMY TASK FORCE. (a) Establishment.--There is established within the Department of Justice a Federal Polygamy Task Force, which shall consist of the Deputy Attorney General, the United States attorneys from affected Federal judicial districts, representatives of the Federal Bureau of Investigation, the Internal Revenue Service, the Department of Labor, and the Department of Health and Human Services, and any officer of the Federal Government whom the Deputy Attorney General considers necessary to strengthen Federal law enforcement activities and provide State and local law enforcement officials the assistance they need to address the illegal activity of one or more polygamist organizations. (b) Purposes.--The Federal Polygamy Task Force established under subsection (a) shall-- (1) formulate effective responses to the unique set of crimes committed by polygamist organizations; (2) establish partnerships with State and local law enforcement agencies to share relevant information and strengthen State and Federal efforts to combat crimes perpetrated by polygamist organizations; (3) assist States by providing strategies and support for the protection of witnesses; (4) track the criminal behavior of polygamist organizations that cross State and international borders; and (5) ensure that local officials charged with protecting the public are not corrupted because of financial, family, or membership ties to a polygamist organization. SEC. 4. POLYGAMY VICTIM ASSISTANCE DISCRETIONARY GRANTS. The Victims of Crime Act of 1984 (42 U.S.C. 10601 et seq.) is amended by inserting after section 1404E the following: ``SEC. 1404F. ASSISTANCE FOR VICTIMS OF POLYGAMY. ``(a) In General.--The Director may make grants as provided in section 1404(c)(1)(A) to State, tribal, and local prosecutors' offices, law enforcement agencies, courts, jails, and correctional institutions, and to qualified public and private entities, to develop, establish, and maintain programs for the enforcement of rights and provision of social services (including witness protection, housing, education, vocational training, mental health services, child care, and medical treatment) for an individual who is exploited or otherwise victimized by practitioners of polygamy. ``(b) Authorization of Appropriations.--In addition to funds made available under section 1402(d), there are authorized to be appropriated to carry out this section-- ``(1) $2,000,000 for fiscal year 2009; and ``(2) $2,500,000 for each of the fiscal years 2010, 2011, 2012, and 2013. ``(c) False Claims Act.--Notwithstanding any other provision of law, amounts collected pursuant to sections 3729 through 3731 of title 31, United States Code (commonly known as the `False Claims Act'), may be used for grants under this section, subject to appropriation.''. SEC. 5. POLYGAMY INVESTIGATION AND PROSECUTION ASSISTANCE DISCRETIONARY GRANTS. Section 506(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3756(a)) is amended-- (1) in paragraph (1), by striking ``and'' at the end; (2) in paragraph (2), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(3) $2,000,000, to be granted by the Attorney General to States and units of local government to investigate and prosecute polygamist organizations that violate Federal, State, or local laws.''.

Victims of Polygamy Assistance Act of 2008 - Establishes within the Department of Justice a Federal Polygamy Task Force to strengthen federal law enforcement activities and provide state and local law enforcement officials the assistance they need to address the illegal activity of one or more polygamist organizations. Requires the Federal Polygamy Task Force to: (1) formulate effective responses to the unique set of crimes committed by polygamist organizations; (2) establish partnerships with state and local law enforcement agencies to share relevant information and strengthen state and federal efforts to combat crimes perpetrated by polygamist organizations; (3) assist states by providing strategies and support for the protection of witnesses; (4) track the criminal behavior of polygamist organizations that cross state and international borders; and (5) ensure that local officials charged with protecting the public are not corrupted because of financial, family, or membership ties to a polygamist organization. Amends the Victims of Crime Act of 1984 to authorize the Director of the Office for Victims of Crime to make grants to specified entities to develop, establish, and maintain programs for the enforcement of rights and provision of social services for an individual exploited or otherwise victimized by practitioners of polygamy. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to provide for discretionary grants by the Attorney General to states and local governments to investigate and prosecute polygamist organizations that violate federal, state, or local laws.

A bill to establish a Federal Polygamy Task Force, to authorize assistance for victims of polygamy, and for other purposes.

SECTION 1. CHARTER FOR IRISH AMERICAN CULTURAL INSTITUTE. Part B of subtitle II of title 36, United States Code, is amended-- (1) by redesignating chapter 1001 as chapter 1003; (2) by redesignating sections 100101 through 100110, and the items relating thereto in the table of sections, as sections 100301 through 100310, respectively; and (3) by inserting after chapter 901 the following new chapter: ``CHAPTER 1001--IRISH AMERICAN CULTURAL INSTITUTE ``Sec. ``100101. Organization. ``100102. Purposes. ``100103. Membership. ``100104. Governing body. ``100105. Powers. ``100106. Exclusive right to name, seals, emblems, and badges. ``100107. Restrictions. ``100108. Duty to maintain tax-exempt status. ``100109. Principal office. ``100110. Records and inspection. ``100111. Service of process. ``100112. Liability for acts of officers and agents. ``100113. Annual report. ``Sec. 100101. Organization ``(a) Federal Charter.--The Irish American Cultural Institute (in this chapter, the `corporation'), incorporated in New Jersey, is a federally chartered corporation. ``(b) Expiration of Charter.--If the corporation does not comply with any provision of this chapter, the charter granted by this chapter expires. ``Sec. 100102. Purposes ``The purposes of the corporation are as provided in the articles of incorporation and include-- ``(1) establishing the Museum of Irish America in Washington, D.C., as the center of Irish American thought, dialogue, debate, and reflection; ``(2) recognizing and recording a living memorial to the contributions of Irish-born and Irish Americans to the development of the United States; ``(3) providing a focal point for all Irish Americans, who make up 17 percent of the United States population, according to the 2000 census; ``(4) exploring past, current, and future events in Ireland and the United States, as they relate to Irish Americans and society as a whole; ``(5) documenting the tremendous contributions of Irish immigrants to the United States in the areas of architecture, military, politics, religion, labor, sports, literature, and art; ``(6) providing ongoing studies to ensure that the experiences of the past will benefit the future of both Ireland and the United States; and ``(7) establishing an Irish American Studies Program for students from both Ireland and the United States. ``Sec. 100103. Membership ``Eligibility for membership in the corporation and the rights and privileges of membership are as provided in the bylaws. ``Sec. 100104. Governing body ``(a) Board of Directors.--The board of directors and the responsibilities of the board are as provided in the articles of incorporation. ``(b) Officers.--The officers and the election of officers are as provided in the articles of incorporation. ``Sec. 100105. Powers ``The corporation shall have only the powers provided in its bylaws and articles of incorporation filed in each State in which it is incorporated. ``Sec. 100106. Exclusive right to name, seals, emblems, and badges ``The corporation has the exclusive right to use the name `Irish American Cultural Institute' and any seals, emblems, and badges relating thereto that the corporation adopts. ``Sec. 100107. Restrictions ``(a) Stock and Dividends.--The corporation may not issue stock or declare or pay a dividend. ``(b) Political Activities.--The corporation or a director or officer as such may not contribute to, support, or participate in any political activity or in any manner attempt to influence legislation. ``(c) Distribution of Income or Assets.--The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member during the life of the charter granted by this chapter. This subsection does not prevent the payment of reasonable compensation to an officer or member in an amount approved by the board of directors. ``(d) Loans.--The corporation may not make any loan to a director, officer, or employee. ``(e) Claim of Governmental Approval or Authorization.--The corporation may not claim congressional approval or the authority of the United States Government for any of its activities. ``Sec. 100108. Duty to maintain tax-exempt status ``The corporation shall maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.). ``Sec. 100109. Principal office ``The principal office of the corporation shall be in Morristown, New Jersey, or another place decided by the board of directors. ``Sec. 100110. Records and inspection ``(a) Records.--The corporation shall keep-- ``(1) correct and complete books and records of account; ``(2) minutes of the proceedings of its members, board of directors, and committees having any of the authority of its board of directors; and ``(3) at its principal office, a record of the names and addresses of its members entitled to vote. ``(b) Inspection.--A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time. ``Sec. 100111. Service of process ``The corporation shall comply with the law on service of process of each State in which it is incorporated and each State in which it carries on activities. ``Sec. 100112. Liability for acts of officers and agents ``The corporation is liable for the acts of its officers and agents acting within the scope of their authority. ``Sec. 100113. Annual report ``The corporation shall submit an annual report to Congress on the activities of the corporation during the prior fiscal year. The report shall be submitted at the same time as the report of the audit required by section 10101 of this title. The report shall not be printed as a public document.''. SEC. 2. CLERICAL AMENDMENTS. The table of chapters at the beginning of subtitle II of title 36, United States Code, is amended-- (1) in the item relating to chapter 1001, by striking ``1001'' and inserting ``1003'' and by striking ``100101'' and inserting ``100301''; and (2) by inserting after the item relating to chapter 901 the following new item: ``1001. Irish American Cultural Institute................... 100101''.

Grants a Federal charter to the Irish American Cultural Institute, Incorporated (a nonprofit corporation incorporated under the laws of New Jersey).

A bill to amend title 36, United Sates Code, to grant a Federal charter to the Irish American Cultural Institute.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Storage for Grid Resilience and Modernization Act of 2016'' or the ``Energy Storage Act of 2016''. SEC. 2. ENERGY INVESTMENT CREDIT FOR ENERGY STORAGE PROPERTY CONNECTED TO THE GRID. (a) 30-Percent Credit Allowed.--Clause (i) of section 48(a)(2)(A) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of subclause (III) and by adding at the end the following new subclause: ``(V) qualified energy storage property, and''. (b) Qualified Energy Storage Property.--Subsection (c) of section 48 of such Code is amended by adding at the end the following new paragraph: ``(5) Qualified energy storage property.-- ``(A) In general.--The term `qualified energy storage property' means property described in subparagraph (B) that is capable of absorbing energy, storing such energy for a period of time, and thereafter dispatching such energy for the purposes of-- ``(i) reducing demand for peak electrical generation, ``(ii) deferring or substituting for an investment in generation, transmission, or distribution assets, ``(iii) providing back up energy for variable generation sources, ``(iv) improving the reliable operation of the electrical transmission or distribution grid, ``(v) enabling management of end-user energy consumption, or ``(vi) enabling the disconnection of a load from the main grid. ``(B) Storage and use of energy.--Property is described in this subparagraph if the property, whether centralized or distributed-- ``(i) uses mechanical, chemical, thermal, or electrostatic processes to store energy that was generated at one time for use at a later time, ``(ii) stores thermal energy for direct use for heating or cooling at a later time in a manner that avoids the need to use electricity at that later time, ``(iii) uses mechanical, chemical, thermal, or electrostatic processes to store electricity generated from renewable resources for use at a later time, or ``(iv) uses mechanical, chemical, thermal, or electrostatic processes to store, for delivery at a later time, energy generated from mechanical processes that would otherwise be wasted. ``(C) Special rule for onsite energy storage.-- ``(i) In general.--Property which performs its purpose primarily for onsite consumption shall not be treated as qualified energy storage property unless such property in aggregate-- ``(I) has the ability to store the energy equivalent of at least 5 kilowatt hours of energy, and ``(II) has the ability to have an output of the energy equivalent of 1 kilowatt of electricity for a period of 5 hours. ``(ii) Limitation.--In the case of qualified energy storage property described in clause (i) that is placed in service during the taxable year, the credit otherwise determined under subsection (a) for such year with respect to such property shall not exceed $1,000,000. ``(D) Allocation of credits.-- ``(i) In general.--In the case of qualified energy storage property placed in service during the taxable year, the credit otherwise determined under subsection (a) for such year with respect to such property shall not exceed the amount allocated to such project under clause (ii). ``(ii) National limitation and allocation.--There is a qualified energy storage property investment credit limitation of $2,000,000,000. Such limitation shall be allocated by the Secretary among qualified energy storage property projects selected by the Secretary, in consultation with the Secretary of Energy, for taxable years beginning after the date of the enactment of the Energy Storage for Grid Resilience and Modernization Act of 2016, except that not more than $40,000,000 shall be allocated to any project for all such taxable years. ``(iii) Selection criteria.--In making allocations under clause (ii), the Secretary, in consultation with the Secretary of Energy, shall select only those projects which have a reasonable expectation of commercial viability, select projects representing a variety of technologies, applications, and project sizes, and give priority to projects-- ``(I) which provide the greatest increase in reliability or the greatest economic benefit, ``(II) which enable the greatest improvement in integration of renewable resources into the grid, ``(III) which enable the greatest increase in efficiency in operation of the grid, or ``(IV) the owner of which has not received an allocation under this paragraph for energy storage property for a different project. ``(iv) Deadlines.-- ``(I) In general.--If a project which receives an allocation under clause (ii) has not commenced construction within 2 years after the date of such allocation, such allocation shall be invalid. ``(II) Special rule for hydroelectric pumped storage.-- Notwithstanding subclause (I), in the case of a hydroelectric pumped storage project, if such project has not received such permits or licenses as are determined necessary by the Secretary, in consultation with the Secretary of Energy, within 3 years after the date of such allocation, begun construction within 5 years after the date of such allocation, and been placed in service within 8 years after the date of such allocation, such allocation shall be invalid. ``(III) Special rule for compressed air energy storage.--Notwithstanding subclause (I), in the case of a compressed air energy storage project, if such project has not begun construction within 3 years after the date of the allocation and been placed in service within 5 years after the date of such allocation, such allocation shall be invalid. ``(IV) Exceptions.--The Secretary may extend the 2-year period in subclause (I) or the periods described in subclauses (II) and (III) on a project-by-project basis if the Secretary, in consultation with the Secretary of Energy, determines that there has been a good faith effort to begin construction or to place the project in service, whichever is applicable, and that any delay is caused by factors not in the taxpayer's control. ``(E) Review and redistribution.-- ``(i) Review.--Not later than 4 years after the date of the enactment of the Energy Storage for Grid Resilience and Modernization Act of 2016, the Secretary shall review the credits allocated under subparagraph (D) as of the date of such review. ``(ii) Redistribution.--Upon the review described in clause (i), the Secretary may reallocate credits allocated under subparagraph (D) if the Secretary determines that-- ``(I) there is an insufficient quantity of qualifying applications for certification pending at the time of the review, or ``(II) any allocation made under subparagraph (D)(ii) has been revoked pursuant to subparagraph (D)(iv) because the project subject to such allocation has been delayed. ``(F) Disclosure of allocations.--The Secretary shall, upon making an allocation under subparagraph (D)(ii), publicly disclose the identity of the applicant, the location of the project, the energy storage project size and output, and the amount of the credit with respect to such applicant. ``(G) Coordination.-- ``(i) Denial of double benefit.--The term `qualified energy storage property' does not include any property for which a credit is allowable under any provision of this section for the taxable year other than by reason of this paragraph. ``(ii) Special rule for section 45.--The term `qualified energy storage property' shall not include any property with respect to which a credit is allowable under section 45 for the taxable year or any prior taxable year. ``(H) Termination.--No credit shall be allocated under subparagraph (D) for any period ending after December 31, 2026.''. (c) Effective Date.--The amendments made by this section shall apply to periods after the date of the enactment of this Act, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). SEC. 3. ENERGY STORAGE PROPERTY CONNECTED TO THE GRID ELIGIBLE FOR NEW CLEAN RENEWABLE ENERGY BONDS. (a) In General.--Paragraph (1) of section 54C(d) of the Internal Revenue Code of 1986 is amended to read as follows: ``(1) Qualified renewable energy facility.--The term `qualified renewable energy facility' means a facility which is-- ``(A)(i) a qualified facility (as determined under section 45(d) without regard to paragraphs (8) and (10) thereof and to any placed in service date), or ``(ii) a qualified energy storage property (as defined in section 48(c)(5)), and ``(B) owned by a public power provider, a governmental body, or a cooperative electric company.''. (b) Effective Date.--The amendment made by this section shall apply to obligations issued after the date of the enactment of this Act. SEC. 4. CREDIT FOR RESIDENTIAL ENERGY STORAGE EQUIPMENT. (a) Credit Allowed.--Subsection (a) of section 25D of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of paragraph (4), by striking the period at the end of paragraph (5) and inserting ``, and'', and by adding at the end the following new paragraph: ``(6) 30 percent of the qualified residential energy storage equipment expenditures made by the taxpayer during such taxable year.''. (b) Qualified Residential Energy Storage Equipment Expenditures.-- Section 25D(d) of such Code is amended by adding at the end the following new paragraph: ``(6) Qualified residential energy storage equipment expenditures.--For purposes of this section, the term `qualified residential energy storage equipment expenditure' means an expenditure for property-- ``(A) which is installed in or on a dwelling unit located in the United States and owned and used by the taxpayer as the taxpayer's principal residence (within the meaning of section 121), or on property owned by the taxpayer on which such a dwelling unit is located, ``(B) which-- ``(i) provides supplemental energy to reduce peak energy requirements, or ``(ii) is designed and used primarily to receive and store, firm, or shape variable renewable or off-peak energy and to deliver such energy primarily for onsite consumption, and ``(C) which-- ``(i) has the ability to store the energy equivalent of at least 5 kilowatt hours of energy, and ``(ii) has the ability to have an output of the energy equivalent of 1 kilowatt of electricity for a period of 4 hours.''. (c) Termination.--Section 25D(g) of such Code is amended by inserting ``(December 31, 2026, in the case of property described in subsection (d)(6))'' after ``December 31, 2016''. (d) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act.

Energy Storage for Grid Resilience and Modernization Act of 2016 or the Energy Storage Act of 2016 This bill amends the Internal Revenue Code to: (1) allow, through 2026, a 30% energy tax credit for investment in energy storage property capable of absorbing energy, storing the energy for a period of time, and dispatching the energy for specified purposes; (2) make energy storage property owned by a public power provider, a governmental body, or a cooperative electric company eligible for new clean renewable energy bond financing; and (3) allow, through 2026, a 30% nonbusiness energy property tax credit for residential energy storage equipment expenditures for a taxpayer's principal residence.

Energy Storage Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Nurse Act of 2010''. SEC. 2. ESTABLISHING THE OFFICE OF THE NATIONAL NURSE. Title XVII of the Public Health Service Act (42 U.S.C. 300u et seq.) is amended by adding at the end the following: ``SEC. 1711. OFFICE OF THE NATIONAL NURSE. ``(a) Establishment of Office.-- ``(1) In general.--There is established within the Public Health Service an office to be known as the Office of the National Nurse, which shall be headed by a registered nurse, appointed by the Secretary, serving in a full-time position to be known as the National Nurse. ``(2) Procedure.--Except for the initial appointment of the National Nurse under paragraph (3), the Secretary shall appoint the National Nurse in accordance with Commissioned Corps Instruction CC23.4.6 (relating to Chief Professional Officer Nominations), as in effect on February 13, 2008. ``(3) Initial appointment.--Not later than 30 days after the date of enactment of this section, the Secretary shall appoint the individual serving as the Chief Nurse Officer of the Public Health Service as of the date of the enactment of this section as the first National Nurse. ``(b) Rank and Grade.--The National Nurse shall have the same rank and grade as the Deputy Surgeon General of the Public Health Service. ``(c) Duties.--The National Nurse shall carry out the following: ``(1) Provide leadership and coordination of Public Health Service nursing professional affairs for the Office of the Surgeon General and other agencies of the Public Health Service, including providing representation for the Government of the United States at the Global Forum for Government Chief Nursing and Midwifery Officers and serving as a member of the Federal Nursing Service Council. ``(2) Represent the Surgeon General and the agencies of Public Health Service in communications with groups and societies concerned with nursing issues at the local, State, national, and international levels. ``(3) Provide guidance and advice to the Surgeon General and the Nurse Professional Advisory Committee on matters such as standards, recruitment, retention, readiness, and career development of nurses employed by and contracted with agencies of the Public Health Service. ``(4) Conduct media campaigns and make personal appearances for purposes of paragraphs (5) through (7). ``(5) Provide guidance and leadership for activities to promote the public health, including encouraging nurses and other health professionals to be volunteers and developing projects that educate the public about and engage the public in prevention practices to achieve better health. ``(6) Provide guidance and leadership to encourage nurses to become nurse educators. ``(7) Provide guidance and leadership for activities that will increase public safety and emergency preparedness. ``(d) Annual Health Priorities.-- ``(1) In general.--Each fiscal year, the National Nurse shall identify, in consultation with the Surgeon General, heads of the agencies of the Public Health Service, States, and organizations that represent health professionals, annual health priorities. ``(2) Carrying out annual health priorities.--The National Nurse, in addressing the annual health priorities, shall encourage volunteerism of nurses and other individuals, and strengthen the relationship between Government agencies and health-related national organizations. ``(3) Community-based projects.-- ``(A) In general.--In carrying out this subsection, the National Nurse shall encourage community-based, nonprofit organizations to seek grants for the purpose of education and interventions to address the annual health priorities. ``(B) Implementation.--In encouraging community- based, nonprofit organizations under subparagraph (A), the National Nurse shall-- ``(i) provide guidance and coordination on recommended activities to such organizations; ``(ii) encourage practicing nurses and other health professionals, including retired health professionals and students enrolled in health professional programs, to participate in health promotion activities and replicate successful health promotion activities; ``(iii) monitor activities being conducted through the collection and evaluation of data to determine if the annual health priorities are being addressed; and ``(iv) acknowledge successful programs and encourage their replication. ``(C) Media campaigns.--The National Nurse shall ensure that media campaigns conducted under subsection (c)(4) include media campaigns regarding the annual health priorities. ``(D) Evaluations.--The National Nurse shall, directly or through awards of grants or contracts, evaluate the activities encouraged by the National Nurse and conducted by community-based, nonprofit organizations under subparagraph (A) to determine the extent to which such activities have succeeded in carrying out the purpose described in such subparagraph. ``(E) Dissemination of information.--The National Nurse shall disseminate information to governmental agencies, schools, and community-based, nonprofit organizations interested in health promotion and improving public health through community action. ``(e) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2010 through 2014.''.

National Nurse Act of 2010 - Amends the Public Health Service Act to establish within the Public Health Service an Office of the National Nurse, headed by a registered nurse appointed by the Secretary of Health and Human Services (HHS). Directs the Secretary to: (1) initially appoint the individual serving as the Chief Nurse Officer of the Public Health Service as of this Act's enactment as the first National Nurse; and (2) thereafter appoint the National Nurse in accordance with Commissioned Corps Instruction CC23.4.6 (relating to Chief Professional Officer Nominations), as in effect on February 13, 2008. Grants the National Nurse the same rank and grade as the Deputy Surgeon General. Lists duties of the National Nurse, including to provide leadership and coordination of Public Health Service nursing professional affairs for the Office of the Surgeon General and other agencies of the Service, to conduct media campaigns, and to provide guidance and leadership for activities that will increase public safety and emergency preparedness. Requires the National Nurse to: (1) identify annual health priorities; (2) encourage volunteerism and strengthen the relationship between government agencies and health-related national organizations; and (3) encourage community-based, nonprofit organizations to seek grants for the purpose of education and interventions to address the annual priorities (including evaluating the activities encouraged by the National Nurse and conducted by such organizations, and disseminating information to governmental agencies, schools, and organizations interested in health promotion and improving public health through community action).

To amend the Public Health Service Act to establish the Office of the National Nurse.

SECTION 1. CIVIL SERVICE RETIREMENT SYSTEM. (a) Treatment as Law Enforcement Officers.--Section 8331(20) of title 5, United States Code, is amended by striking ``administrative position.'' and inserting ``administrative position, and any revenue officer, customs inspector, customs canine enforcement officer, and Immigration and Naturalization inspector.''. (b) Definitions.--Section 8331 of title 5, United States Code, is amended-- (1) by striking ``and'' at the end of paragraph (25); (2) by striking the period at the end of paragraph (26) and inserting a semicolon; and (3) by adding at the end the following: ``(27) `revenue officer' means an employee of the Internal Revenue Service, the duties of whose position are primarily the collection of delinquent taxes and the securing of delinquent returns, including an employee engaged in this activity who is transferred to a supervisory or administrative position; ``(28) `customs inspector' means an employee of the United States Customs Service, the duties of whose position are primarily to-- ``(A) enforce laws and regulations governing the importing and exporting of merchandise; ``(B) process and control passengers and baggage; ``(C) interdict smuggled merchandise and contraband; and ``(D) apprehend (if warranted) persons involved in violations of customs laws, including an employee engaged in this activity who is transferred to a supervisory or administrative position; ``(29) `customs canine enforcement officer' means an employee of the United States Customs Service, the duties of whose position are primarily to work directly with a dog in an effort to-- ``(A) enforce laws and regulations governing the importing and exporting of merchandise; ``(B) process and control passengers and baggage; ``(C) interdict smuggled merchandise and contraband; and ``(D) apprehend (if warranted) persons involved in violations of customs laws, including an employee engaged in this activity who is transferred to a supervisory or administrative position; and ``(30) `Immigration and Naturalization inspector' means an employee of the Immigration and Naturalization Service, the duties of whose position are primarily the controlling and guarding of the boundaries and borders of the United States against the illegal entry of aliens, including an employee engaged in this activity who is transferred to a supervisory or administrative position.''. SEC. 2. FEDERAL EMPLOYEES' RETIREMENT SYSTEM. (a) Treatment as Law Enforcement Officers.--Section 8401(17) of title 5, United States Code, is amended by adding at the end the following: ``such term includes any revenue officer, customs inspector, customs canine enforcement officer, and Immigration and Naturalization inspector;''. (b) Definitions.--Section 8401 of title 5, United States Code, is amended-- (1) by striking ``and'' at the end of paragraph (31); (2) by striking the period at the end of paragraph (32) and inserting a semicolon; and (3) by adding at the end the following: ``(33) `revenue officer' means an employee of the Internal Revenue Service, the duties of whose position are primarily the collection of delinquent taxes and the securing of delinquent returns, including an employee engaged in this activity who is transferred to a supervisory or administrative position; ``(34) `customs inspector' means an employee of the United States Customs Service, the duties of whose position are primarily to-- ``(A) enforce laws and regulations governing the importing and exporting of merchandise; ``(B) process and control passengers and baggage; ``(C) interdict smuggled merchandise and contraband; and ``(D) apprehend (if warranted) persons involved in violations of customs laws, including an employee engaged in this activity who is transferred to a supervisory or administrative position; ``(35) `customs canine enforcement officer' means an employee of the United States Customs Service, the duties of whose position are primarily to work directly with a dog in an effort to-- ``(A) enforce laws and regulations governing the importing and exporting of merchandise; ``(B) process and control passengers and baggage; ``(C) interdict smuggled merchandise and contraband; and ``(D) apprehend (if warranted) persons involved in violations of customs laws, including an employee engaged in this activity who is transferred to a supervisory or administrative position; and ``(36) `Immigration and Naturalization inspector' means an employee of the Immigration and Naturalization Service, the duties of whose position are primarily the controlling and guarding of the boundaries and borders of the United States against the illegal entry of aliens, including an employee engaged in this activity who is transferred to a supervisory or administrative position.''. SEC. 3. EFFECTIVE DATE; PRIOR SERVICE. (a) Effective Date.--Except as otherwise provided in this section, this Act and the amendments made by this Act-- (1) shall take effect on the 90th day after the date of the enactment of this Act; and (2) shall apply with respect to an individual only if such individual serves as a revenue officer, customs inspector, customs canine enforcement officer, or Immigration and Naturalization inspector on or after the effective date of this Act. (b) Prior Service.-- (1) Employee contributions.--In administering chapter 83 or 84 of title 5, United States Code, with respect to an individual who satisfies subsection (a)(2), the amendments made by this Act shall be disregarded for purposes of any service performed before the effective date of this Act as a revenue officer, customs inspector, customs canine enforcement officer, or Immigration and Naturalization inspector, unless such individual deposits into the Fund, within such time and in such manner as the Office of Personnel Management by regulation requires, an amount equal to the amount by which-- (A) the deductions from pay which would have been required for such service had such amendments then been in effect; exceeds (B) the amounts actually deducted from such pay (less any amounts refunded and not repaid), with interest. (2) Agency contributions.--Not later than 90 days after the full amount required under paragraph (1) has been paid by an individual, the agency that employed such individual during the period of service to which such amount relates shall pay into the Fund, with interest, an amount equal to the amount by which-- (A) the Government contributions which would have been required for such service, had such amendments then been in effect; exceeds (B) the Government contributions actually made for such service. (c) Regulations.--The Office of Personnel Management shall prescribe such regulations as may be necessary to carry out this Act, including regulations for determining the amount of any interest to be paid under this section. (d) Definitions.--For the purpose of this section-- (1) each of the terms ``revenue officer'', ``customs inspector'', ``customs canine enforcement officer'', and ``Immigration and Naturalization inspector'' has the meaning given it by section 8331 or 8401 (as the case may be) of title 5, United States Code, as amended by this Act; and (2) the term ``Fund'' means the Civil Service Retirement and Disability Fund under section 8348 of title 5, United States Code.

Includes revenue officers in the Internal Revenue Service, customs inspectors and canine enforcement officers in the U.S. Customs Service, and inspectors in the Immigration and Naturalization Service as Federal law enforcement officers for purposes of provisions governing the Civil Service Retirement System and the Federal Employees' Retirement System.

To amend chapters 83 and 84 of title 5, United States Code, to provide that, for civil service retirement purposes, inspectors of the Immigration and Naturalization Service, inspectors and canine enforcement officers of the United States Customs Service, and revenue officers of the Internal Revenue Service shall be treated in the same way as law enforcement officers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Travel Facilitation and Safety Act of 2015''. SEC. 2. RECOVERY OF INITIAL PRECLEARANCE OPERATION COSTS. (a) Cost Sharing Agreements With Relevant Airport Authorities.--The Commissioner of U.S. Customs and Border Protection may enter into a cost sharing agreement with airport authorities in foreign countries at which preclearance operations are to be established or maintained if-- (1) an executive agreement to establish or maintain such preclearance operations pursuant to the authorities under section 629 of the Tariff Act of 1930 (19 U.S.C. 1629) and section 103(a)(7) of the Immigration and Nationality Act (8 U.S.C. 1103(a)(7)) has been signed, but has not yet entered into force; and (2) U.S. Customs and Border Protection has incurred, or expects to incur, initial preclearance operations costs in order to establish or maintain preclearance operations under the agreement described in paragraph (1). (b) Contents of Cost Sharing Agreements.-- (1) In general.--Notwithstanding section 13031(e) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(e)) and section 286(g) of the Immigration and Nationality Act (8 U.S.C. 1356(g)), any cost sharing agreement authorized under subsection (a) may provide for the airport authority's payment to U.S. Customs and Border Protection of its initial preclearance operations costs. (2) Timing of payments.--The airport authority's payment to U.S. Customs and Border Protection for its initial preclearance operations costs may be made in advance of the incurrence of the costs or on a reimbursable basis. (c) Account.-- (1) In general.--All amounts collected pursuant to any cost sharing agreement authorized under subsection (a)-- (A) shall be credited as offsetting collections to the currently applicable appropriation, account, or fund of U.S. Customs and Border Protection; (B) shall remain available, until expended, for the purposes for which such appropriation, account, or fund is authorized to be used; and (C) may be collected and shall be available only to the extent provided in appropriations Acts. (2) Return of unused funds.--Any advances or reimbursements not used by U.S. Customs and Border Protection may be returned to the relevant airport authority. (3) Rule of construction.--Nothing in this subsection may be construed to preclude the use of appropriated funds, from sources other than the payments collected under this Act, to pay initial preclearance operation costs. (d) Initial Preclearance Operations Costs Defined.-- (1) In general.--In this section, the term ``initial preclearance operations costs'' means the costs incurred, or expected to be incurred, by U.S. Customs and Border Protection to establish or maintain preclearance operations at an airport in a foreign country, including costs relating to-- (A) hiring, training, and equipping new officers of U.S. Customs and Border Protection who will be stationed at United States domestic ports of entry or other facilities of U.S. Customs and Border Protection to backfill such officers to be stationed at an airport in a foreign country to conduct preclearance operations; and (B) visits to the airport authority conducted by personnel of U.S. Customs and Border Protection necessary to prepare for the establishment or maintenance of preclearance operations at such airport, including the compensation, travel expenses, and allowances payable to such personnel attributable to such visits. (2) Exception.--The costs described in paragraph (1)(A) shall not include the salaries and benefits of new officers of U.S. Customs and Border Protection once such officers are permanently stationed at a domestic United States port of entry or other domestic facility of U.S. Customs and Border Protection after being hired, trained, and equipped. SEC. 3. COLLECTION AND DISPOSITION OF FUNDS COLLECTED FOR IMMIGRATION INSPECTION SERVICES AND PRECLEARANCE ACTIVITIES. (a) Immigration and Nationality Act.--Section 286(i) of the Immigration and Nationality Act (8 U.S.C. 1356(i)) is amended by striking the last sentence and inserting ``Reimbursements under this subsection may be collected in advance of the provision of such immigration inspection services. Notwithstanding subsection (h)(1)(B), and only to the extent provided in appropriations Acts, any amounts collected under this subsection shall be credited as offsetting collections to the currently applicable appropriation, account, or fund of U.S. Customs and Border Protection, remain available until expended, and be available for the purposes for which such appropriation, account, or fund is authorized to be used.''. (b) Farm Security and Rural Investment Act of 2002.--Section 10412(b) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8311(b)) is amended to read as follows: ``(b) Funds Collected for Preclearance.--Funds collected for preclearance activities-- ``(1) may be collected in advance of the provision of such activities; ``(2) shall be credited as offsetting collections to the currently applicable appropriation, account, or fund of U.S. Customs and Border Protection; ``(3) shall remain available until expended; ``(4) shall be available for the purposes for which such appropriation, account, or fund is authorized to be used; and ``(5) may be collected and shall be available only to the extent provided in appropriations Acts.''. SEC. 4. EXPANSION OF PRECLEARANCE AT FOREIGN AIRPORTS. (a) Findings.--Congress makes the following findings: (1) Preclearance operations provide the ultimate ability for the United States to address potential threats at the earliest possible moment and prior to departure, through the forward deployment of officers of U.S. Customs and Border Protection to last points of departure in a foreign country. (2) With inspections and examination operations of U.S. Customs and Border Protection located in a foreign country, preclearance provides the capability to interdict, address, and work with host-country law enforcement in furtherance of both aviation security and border security in the United States. (3) Under current preclearance operations, officers of the U.S. Customs and Border Protection collect biometrics in the same way that is currently done upon arrival in the United States, in accordance with current regulation, and as part of the routine entry process from certain aliens who are not citizens of the United States prior to boarding flights destined to the United States. (4) Preclearance operations provide the best means for existing and future biometric security capabilities beyond the United States. Support for preclearance expansion will greatly increase border and aviation security in the United States and foreign countries. (b) Sense of Congress.--It is the sense of Congress that each country designated as a visa waiver program country under section 217 of the Immigration and Nationality Act (8 U.S.C. 1187) should seek to participate in the preclearance program with the United States, to jointly address security concerns through additional exchange of information and to improve joint ability to secure the that visa waiver program while maintaining the original intent of the program. SEC. 5. BIOMETRIC DEMONSTRATION PROGRAMS AT PRECLEARANCE LOCATIONS. (a) Authority.--The Secretary of Homeland Security is authorized to select preclearance locations, including preclearance expansion locations, and enter into an agreement with a foreign government or airport to conduct a collaborative biometric demonstration program at such a location to test emerging biometric technologies. The scope of the demonstration program may encompass travelers other than those utilizing preclearance at such a location, provided that such program includes means for information sharing with U.S. Customs and Border Protection operations. (b) International Cooperation and Coordination.--Section 233(a) of the Security and Accountability For Every Port Act of 2006 (6 U.S.C. 983(a)) is amended-- (1) in paragraph (1), by striking the period at the end and inserting ``, and to establish and maintain, in partnership with foreign governments, demonstration programs to test emerging biometric technologies at foreign airports at which the Secretary has established preclearance operations.''; and (2) in paragraph (2)-- (A) in subparagraph (A), by striking ``and'' at the end; (B) in subparagraph (B), by striking the period at the end and inserting a semicolon and ``and''; and (C) by adding the following: ``(C) lease, loan, provide, or otherwise assist in the deployment of biometric technologies at foreign airports at which the Secretary has established preclearance operations under such terms and conditions as the Secretary prescribes, including nonreimbursable loans or the transfer of ownership of such technologies, and provide the necessary training and technical assistance related to the biometric demonstration programs referred to in paragraph (1).''. SEC. 6. VISA WAIVER PROGRAM REQUIREMENTS. (a) Information Sharing Process.--The Director of National Intelligence shall-- (1) develop a process to share information derived from the Terrorist Identities Datamart Environment (TIDE) database and the Terrorist Screening Database (TSDB), including biometric and biographic information, with countries participating in the visa waiver program established under section 217(a) of the Immigration and Nationality Act (8 U.S.C. 1187(a)); and (2) not later than 1 year after the date of the enactment of this Act, certify to Congress that such process may be utilized by such countries. (b) Continuing Qualification and Designation Terminations.-- Subsection (c) of section 217 of the Immigration and Nationality Act (8 U.S.C. 1187) is amended-- (1) in paragraph (1), by striking ``Attorney General,'' and inserting ``Secretary of Homeland Security,''; and (2) in paragraph (2)-- (A) in subparagraph (C)(iii)-- (i) by striking ``and the Committee on International Relations'' and inserting ``, the Committee on Foreign Affairs, and the Committee on Homeland Security''; and (ii) by striking ``and the Committee on Foreign Relations'' and inserting ``, the Committee on Foreign Relations, and the Committee on Homeland Security and Governmental Affairs''; and (B) by adding at the end the following: ``(G) Border security.--The government of the country utilizes the process developed by the Director of National Intelligence under section 6(a) of the Travel Facilitation and Safety Act of 2015 to utilize information derived from the Terrorist Identities Datamart Environment (TIDE) database and the Terrorist Screening Database (TSDB) for border security and immigration purposes, including the screening of aliens seeking asylum or refugee status in that country.''.

Travel Facilitation and Safety Act of 2015 This bill authorizes the U.S. Customs and Border Protection (CBP) of the Department of Homeland Security (DHS) to enter into cost-sharing agreements with airport authorities in foreign countries at which preclearance operations will be established or maintained if certain circumstances apply. Any cost-sharing agreement may provide for an airport authority's payment to the CBP of its initial preclearance operations costs. The Immigration and Nationality Act is amended with respect to reimbursements to the Department of Justice received from commercial aircraft or vessel owners, operators, or agents, or from any airport or seaport authority, for expenses incurred for immigration inspection services they have requested. Such reimbursements may be collected in advance of those services, and shall be credited as offsetting collections to the currently applicable CBP appropriation, account, or fund. The Farm Security and Rural Investment Act of 2002 is amended to make the same disposition for reimbursements to the Department of Agriculture for preclearance of animals or articles at locations outside the United States for movement into the United States. The bill expresses the sense of Congress that each visa waiver program country should seek to participate in the U.S. preclearance program. DHS may select preclearance locations and enter into agreements with foreign governments or airports to conduct a collaborative demonstration program at those locations to test emerging biometric technologies. The Office of the Director of National Intelligence shall develop a process to share information derived from the Terrorist Identities Datamart Environment database and the Terrorist Screening Database with countries participating in the visa waiver program.

Travel Facilitation and Safety Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Services, Education, and Rehabilitation for Veterans Act'' or the ``SERV Act''. SEC. 2. VETERAN'S TREATMENT COURTS. (a) Delegation.--The Director of the Office of National Drug Control Policy (referred to in this Act as the ``Director'') shall delegate the authority to administer the program and other such activities necessary to carry out this Act to the Department of Justice. (b) Grants.--The Attorney General may make grants to States, State courts, local courts, units of local government, and Indian tribal governments acting directly or through agreements with other public or private entities, for the purpose of developing, implementing, or enhancing veteran's treatment courts or expanding operational drug courts to serve veterans. (c) Eligibility.--Grants under this Act shall be made to veteran's treatment courts and drug courts serving veterans that effectively integrate substance abuse treatment, mental health treatment, mandatory drug testing, sanctions and incentives, and transitional services, in a judicially supervised court setting with jurisdiction over nonviolent, substance-abusing offenders that have served in the United States military. SEC. 3. GRANT AUTHORITY. The Attorney General may make grants to States, State courts, local courts, units of local government, and Indian tribal governments, acting directly or through agreements with other public or private entities, for programs that involve-- (1) continuing judicial supervision over offenders with substance abuse or mental health problems who are not violent offenders and have served in the United States military; and (2) the integrated administration of other sanctions and services, which shall include-- (A) mandatory periodic testing for the use of controlled substances or other addictive substances during any period of supervised release or probation for each participant; (B) substance abuse and mental health treatment (such as treatment for depression and post-traumatic stress disorder) for each participant; (C) diversion, probation, or other supervised release involving the possibility of prosecution, confinement, or incarceration based on noncompliance with program requirements or failure to show satisfactory progress; and (D) programmatic, offender management, and aftercare services such as relapse prevention, health care, education, vocational training, job placement, housing placement, and child care or other family support services for each participant who requires such services. SEC. 4. APPLICATIONS. (a) In General.--To request a grant under this Act, a State, State court, local court, unit of local government, or Indian tribal government shall submit an application to the Attorney General in such form and containing such information as the Attorney General may reasonably require. (b) Applications.--In addition to any other requirements that may be specified by the Attorney General, an application for a grant under this Act shall-- (1) include a long-term strategy and detailed implementation plan; (2) explain the applicant's inability to fund the program adequately without Federal assistance; (3) certify that the Federal support provided will be used to supplement, and not supplant, State, Indian tribal, and local sources of funding that would otherwise be available; (4) identify related governmental or community initiatives which complement or will be coordinated with the proposal; (5) certify that there has been appropriate consultation with all affected agencies, specifically the Department of Veterans Affairs and the Department of Health and Human Services, and that there will be appropriate coordination with all affected agencies in the implementation of the program; (6) certify that participating offenders will be supervised by 1 or more designated judges with responsibility for the veteran's treatment court program; (7) specify plans for obtaining necessary support and continuing the proposed program following the conclusion of Federal support; and (8) describe the methodology that will be used in evaluating the program. (c) Certifications.--Each such application shall contain the certification that the program for which the grant is requested shall meet each of the requirements of this Act. SEC. 5. FEDERAL SHARE. The Federal share of a grant made under this Act may not exceed 75 percent of the total costs of the program described in the application submitted under section 4 for the fiscal year for which the program receives assistance under this Act, unless the Attorney General waives, wholly or in part, the requirement of a matching contribution under this section. In-kind contributions may constitute a portion of the non-Federal share of a grant. SEC. 6. REPORTS AND EVALUATIONS. (a) Report to Attorney General and the Director.--For each fiscal year, each recipient of a grant under this Act during that fiscal year shall submit to the Attorney General, the Director, and the Secretary for Veterans Affairs a report regarding the effectiveness of activities carried out using that grant. Each report shall include an evaluation in such form and containing such information as the Attorney General may reasonably require. The Attorney General shall specify the dates on which such reports shall be submitted. (b) Report to Congress.--The Director, in consultation with the Attorney General, shall submit a yearly report on the effectiveness on the activities carried out under this Act to the House and Senate Committees on the Judiciary and the House and Senate Committees on Veterans Affairs. SEC. 7. DEFINITIONS. In this Act: (1) Veteran.--The term ``veteran'' means a person who served in the active military, naval, or air service, and who was discharged or released therefrom under conditions other than dishonorable. (2) Veteran's treatment court.--The term ``veteran's treatment court'' means a program specifically for veterans that meets the drug court criteria established by the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103- 322). (3) Violent offender.--The term ``violent offender'' means a person who-- (A) is charged with or convicted of an offense, during the course of which offense or conduct-- (i) the person carried, possessed, or used a firearm or dangerous weapon; (ii) there occurred the death of or serious bodily injury to any person; or (iii) there occurred the use of force against the person of another, without regard to whether any of the circumstances described in clause (i) or (ii) is an element of the offense or conduct of which or for which the person is charged or convicted. (B) has 1 or more prior convictions for a felony crime of violence involving the use or attempted use of force against a person with the intent to cause death or serious bodily harm. SEC. 8. ADMINISTRATION. (a) Consultation.--The Attorney General shall consult with the Secretary of Veterans Affairs, the Secretary of Health and Human Services, and any other appropriate officials in carrying out this Act. (b) Regulatory Authority.-- (1) In general.--The Attorney General may issue regulations and guidelines necessary to carry out this Act. (2) Participation limits.--In additional to the general authority provided under paragraph (1), the Attorney General shall-- (A) issue regulations and guidelines to ensure that programs authorized in this Act do not permit participation by violent offenders; and (B) immediately suspend funding for any grant under this part, pending compliance, if the Attorney General finds that violent offenders are participating in any program funded under this part. (c) Geographic Distribution.--The Attorney General shall ensure that, to the extent practicable, an equitable geographic distribution of grant awards is made under this Act. SEC. 9. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATION. (a) Technical Assistance and Training.--The Attorney General may provide technical assistance and training in furtherance of the purposes of this Act. (b) Evaluations.--The Attorney General may provide for evaluations in furtherance of the purposes of this Act. SEC. 10. FUNDING FOR THE NATIONAL DRUG COURT INSTITUTE. (a) Comprehensive, National Training and Technical Assistance for Drug Courts.--The National Drug Court Institute in Alexandria, Virginia shall-- (1) conduct national, comprehensive training programs for State and local communities for the purpose of improving the professional skills of drug court practitioners and enhancing the ability of State and local communities to expand drug courts to reach all addicted citizens in need of their resources; and (2) provide national, comprehensive Technical Assistance to adult, juvenile and family dependency drug courts including a combination of information gathering, needs assessment, cultural proficiency, analysis, problem solving, action planning, referral and follow-up. (b) Ancillary Projects.--The National Drug Court Institute in Alexandria, Virginia shall complete ancillary programs designed to facilitate the expansion and improvement of drug courts nationwide including-- (1) a Judicial Task Force to develop a transition plan for new drug court judges; (2) a resource center to maintain and distribute drug court evaluations reviewed in the National Drug Court Institute Review, and to request new research and evaluations for the drug court field; (3) publishing annually the National Drug Court Institute Review to provide research, analysis, and commentary of importance to the drug court field; and (4) searching drug court literature and identify, reprint, and disseminate important and relevant scholarship to the drug court field. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Attorney General to carry out this section $10,000,000 for each of the fiscal years 2009 through 2014 to remain available until expended. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. Except for section 10, there are authorized to be appropriated to the Director to carry out this Act $25,000,000 for each of fiscal years 2009 to 2014.

Services, Education, and Rehabilitation for Veterans Act or the SERV Act - Requires the Director of the Office of National Drug Control Policy to delegate to the Department of Justice (DOJ) the authority to administer the veteran's treatment courts program established by this Act. Authorizes the Attorney General to make grants to states and other entities: (1) to develop, implement, or enhance veteran's treatment courts or to expand operational drug courts to serve veterans; and (2) for programs that involve continuing judicial supervision over nonviolent offenders with substance abuse or mental health problems who have served in the U.S. military. Requires such programs to include mandatory periodic testing for the use of drugs, substance abuse and mental health treatment, opportunities for diversion, probation, or supervised release, and programmatic, offender management, and aftercare services. Directs the National Drug Court Institute to conduct national training programs for state and local communities to improve the professional skills of drug court practitioners and provide comprehensive technical assistance to adult, juvenile, and family dependency drug courts.

A bill to provide grants to establish veteran's treatment courts.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Simplifying Access to Student Loan Information Act of 2014''. SEC. 2. AMENDMENT TO THE TRUTH IN LENDING ACT. (a) In General.--Section 128(e) of the Truth in Lending Act (15 U.S.C. 1638(e)) is amended by adding at the end the following: ``(12) National student loan data system.-- ``(A) In general.--Each private educational lender shall-- ``(i) submit to the Secretary of Education for inclusion in the National Student Loan Data System established under section 485B of the Higher Education Act of 1965 (20 U.S.C. 1092b) information regarding each private education loan made by such lender that will allow for the electronic exchange of data between borrowers of private education loans and the System; and ``(ii) in carrying out clause (i), ensure the privacy of private education loan borrowers. ``(B) Information to be submitted.--The information regarding private education loans required under subparagraph (A) to be included in the National Student Loan Data System shall include the following if determined appropriate by the Secretary of Education: ``(i) The total amount and type of each such loan made, including outstanding interest and outstanding principal on such loan. ``(ii) The interest rate of each such loan made. ``(iii) Information regarding the borrower that the Secretary of Education determines is necessary to ensure the electronic exchange of data between borrowers of private education loans and the System. ``(iv) Information, including contact information, regarding the lender that owns the loan. ``(v) Information, including contact information, regarding the servicer that is handling the loan. ``(vi) Information concerning the date of any default on the loan and the collection of the loan, including any information concerning the repayment status of any defaulted loan. ``(vii) Information regarding any deferment or forbearance granted on the loan. ``(viii) The date of the completion of repayment by the borrower of the loan. ``(ix) Any other information determined by the Secretary of Education to be necessary for the operation of the National Student Loan Data System. ``(C) Update.--Each private educational lender shall update the information regarding private education loans required under subparagraph (A) to be included in the National Student Loan Data System on the same schedule as information is updated under the System under section 485B of the Higher Education Act of 1965 (20 U.S.C. 1092b).''. (b) Effective Date.--The amendment made by subsection (a) shall apply to private education loans that were made for the 2011-2012 academic year or later. SEC. 3. AMENDMENT TO THE HIGHER EDUCATION ACT OF 1965. Section 485B of the Higher Education Act of 1965 (20 U.S.C. 1092b) is amended by adding at the end the following: ``(i) Private Education Loans.-- ``(1) In general.--The National Student Loan Data System established pursuant to subsection (a) shall contain the information required to be included under section 128(e)(12) of the Truth in Lending Act (15 U.S.C. 1638(e)(12)). ``(2) Cosigner.--Notwithstanding any other provision of law, the Secretary shall ensure that any cosigner of a private education loan for which information is included in the National Student Loan Data System-- ``(A) is able to access the information in such System with respect to such private education loan; and ``(B) does not have access to any information in such System with respect to any loan for which the cosigner has not cosigned. ``(3) Privacy.--The Secretary shall ensure that a private educational lender-- ``(A) has access to the National Student Loan Data System only to submit information for such System regarding the private education loans of such lender; and ``(B) may not see information in the System regarding the loans of any other lender. ``(j) Repayment Options.--The Secretary shall establish a functionality within the National Student Loan Data System established pursuant to subsection (a) that enables a student borrower of a loan made, insured, or guaranteed under this title to input information necessary for the estimation of repayment amounts under the various repayment plans available to the borrower of such loan to compare such repayment plans.''. SEC. 4. NON-TRADITIONAL OUTREACH PROGRAM. (a) Pilot Program Authorized.-- (1) In general.--The Secretary of Education (referred to in this section as the ``Secretary'') shall establish a 5-year pilot program to award grants, on a competitive basis, to eligible entities to establish or improve non-traditional outreach programs and initiatives with the goal of-- (A) reducing deferments, forbearances, and defaults on student loan repayments; and (B) establishing best practices for reducing deferments, forbearances, and defaults on student loan repayments. (2) Eligible entity.--Except as provided in subsection (e), in this section, the term ``eligible entity'' means-- (A) an institution of higher education entity; (B) an entity that services loans made, insured, or guaranteed under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.); or (C) a nonprofit organization that has-- (i) substantial experience in administering student loan counseling; or (ii) demonstrated success in reducing deferments, forbearances, and defaults on student loan repayments. (3) Reservation for nonprofit servicers.--From amounts made available to carry out this section, the Secretary shall reserve not less than 10 percent to award grants under paragraph (1) to eligible entities that are nonprofit student loan servicers. (b) Application.--An eligible entity that desires to receive 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 require. (c) Activities.-- (1) In general.--An eligible entity that receives a grant under this section shall use the grant funds to establish non- traditional outreach programs and initiatives that may include the following: (A) New or improved pre-college loan entrance counseling and financial literacy sessions. (B) New or improved exit counseling for student loan borrowers. (C) Train students in how to use the National Student Loan Data System established under section 485B of the Higher Education Act of 1965 (20 U.S.C. 1092b). (D) At least 1 check-in while a student loan borrower is enrolled in the academic program for which the student has taken out a loan (which shall occur not earlier than half way through completion of such academic program), which check-in shall provide the borrower with an update on the borrower's student loan status and information on how the outreach program can serve as an information resource for the borrower. (E) Annual follow-ups with student loan borrowers after the borrowers are no longer enrolled in the academic program for which the student has taken out a loan by attempting to contact the borrowers by phone, email, mail, or in person and providing continued guidance and counseling and serving as an information resource. (F) Follow-ups once a student loan borrower reaches a certain level of delinquency on repayment of such loan, as determined by the Secretary. (2) Private loans.--An eligible entity that receives a grant under this section shall work to reduce defaults on private education loan debt. (d) Supplement Not Supplant.--An eligible entity shall use grant funds received under this section only to supplement the funds that would, in the absence of such grant funds, be made available from non- Federal sources for the activities described in subsection (c), and not to supplant such funds. (e) Continuation of Grant Awards.-- (1) In general.--If the Secretary determines that the pilot program established under this section has been successful in reducing deferments, forbearances, and defaults on student loan repayments, the Secretary may continue to award competitive grants beyond the initial pilot program period in accordance with this subsection. (2) Authorization.--The Secretary shall award grants under this subsection on a competitive basis to eligible entities described in paragraph (3) who achieve specific performance outcomes and criteria in reducing deferments, forbearances, and defaults on student loan repayments. Projects funded by grants under this subsection shall be referred to as either Pay-for- Performance or Pay-for-Success projects, as set forth in paragraph (3). (3) Eligible entity.--To be eligible to receive a grant under this subsection, an entity shall be an entity described in subparagraph (A), (B), or (C) of subsection (a)(2) that-- (A) in the case of an entity seeking to carry out a Pay-for-Performance project, agrees to be reimbursed under the grant primarily on the basis of achievement of specified performance outcomes and criteria established by the Secretary under paragraph (4); or (B) in the case of an entity seeking to carry out a Pay-for-Success project-- (i) enters into a partnership with an investor, such as a philanthropic organization that provides funding for a specific project to address reducing deferments, forbearances, and defaults on student loan repayments; and (ii) agrees to be reimbursed under the grant only if the project achieves specified performance outcomes and criteria established by the Secretary under paragraph (4). (4) Performance outcomes and criteria.--Not later than 6 months after the completion of the pilot program, the Secretary shall establish and publish on the Web site of the Department of Education specific performance measures, which include performance outcomes and criteria, for the initial qualification and reimbursement of eligible entities to receive a grant under this subsection. (5) Period of availability for pay-for-success projects.-- Funds appropriated to carry out Pay-for-Success projects under this subsection shall, upon obligation, remain available for disbursement until expended, notwithstanding section 1552 of title 31, United States Code, and, if later deobligated, in whole or in part, be available until expended under additional Pay-for-Success grants under this subsection. (f) Reports.-- (1) Eligible entities.--An eligible entity that receives a grant under this section shall submit an annual report to the Secretary that describes the use of grant funds and details the results of the activities conducted with such grant funds. (2) Secretary.-- (A) In general.--The Secretary shall submit a report to Congress that details the results of the program funded under this section and describes best practices in non-traditional outreach programs that reduce deferments, forbearances, and defaults on student loan repayments. (B) Report available publicly.--The Secretary shall make the report described in subparagraph (A) publicly available on the Web site of the Department of Education.

Simplifying Access to Student Loan Information Act of 2014 - Amends the Truth in Lending Act to require private educational lenders to submit to the Secretary of Education information regarding each private education loan they make. Requires that such information: (1) be placed in the National Student Loan Data System (System), and (2) allow for the electronic exchange of data between the borrowers of those loans and the System. (The System currently contains information regarding loans made, insured, or guaranteed under the Federal Family Education Loan program and loans made under the William D. Ford Federal Direct Loan and Federal Perkins Loan programs.) Requires the private education loan information to include, if determined appropriate by the Secretary: the total amount and type of each loan; the interest rate on each loan; information regarding the borrower that the Secretary deems necessary to ensure the electronic exchange of data between the borrower and the System; contact information regarding the lender and servicer of each loan; information concerning the date of any default on the loan and the collection of the loan, including any information concerning the repayment status of any defaulted loan; and the date the borrower completes repayment. Requires private educational lenders to ensure the privacy of borrowers and update the loan information they submit to the System on the same schedule as information is updated under the System. Amends title IV (Student Assistance) of the Higher Education Act of 1965 to require the Secretary to ensure that: (1) a cosigner of a private education loan for which information is included in the System has access only to that information, and (2) a private educational lender has access to the System only to submit information regarding the lender's loans. Directs the Secretary to establish a functionality within the System that enables student borrowers of loans made, insured, or guaranteed under title IV to input the information necessary to compare the repayment plans available to them under that title. Requires the Secretary to establish a five-year pilot program awarding competitive grants to institutions of higher education, title IV loan servicers, and nonprofit organizations to: (1) establish or improve non-traditional outreach programs and initiatives to reduce deferments, forbearances, and defaults on student loan repayments; and (2) establish best practices for reducing those deferments, forbearances, and defaults. Allows the Secretary to continue to award competitive grants to such entities after the close of the pilot program if the Secretary deems that program to have been successful in reducing deferments, forbearances, and defaults. Requires recipients of grants after the pilot program to establish either: (1) a Pay-for-Performance project, under which they agree to be reimbursed under the grant primarily on the basis of achieving specified performance measures; or (2) a Pay-for-Success project, under which they partner with a project investor and agree to be reimbursed under the grant only if the project achieves specified performance measures. Directs the Secretary to establish and publish those performance measures no later than six months after the pilot program's completion.

Simplifying Access to Student Loan Information Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nutria Eradication and Control Act of 2009''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds that-- (1) wetland and tidal marshes in the Chesapeake Bay, the State of Louisiana, and other coastal States provide significant cultural, economic, and ecological benefits to the United States; (2) the South American nutria (Myocastor coypus) is directly contributing to substantial marsh loss on Federal, State, and private land in the States of Maryland and Louisiana and other coastal States; (3) the Nutria Eradication and Control Act of 2003 (Public Law 108-16; 117 Stat. 621) authorized the Maryland Nutria Project, which has successfully eradicated nutria from more than 130,000 acres of Chesapeake Bay wetland in the State of Maryland; (4) the Nutria Eradication and Control Act of 2003 (Public Law 108-16; 117 Stat. 621) and the Coastal Wetlands Planning, Protection, and Restoration Act (16 U.S.C. 3951 et seq.) authorized the Coastwide Nutria Control Program, which has reduced nutria-impacted wetland acres in the State of Louisiana from 80,000 acres to 23,141 acres; and (5) proven techniques developed under the Nutria Eradication and Control Act of 2003 (Public Law 108-16; 117 Stat. 621) that are eradicating nutria from the State of Maryland and are reducing the acres of nutria-impacted wetland in Louisiana, should be applied to nutria eradication or control programs in other nutria-infested coastal States. (b) Purpose.--The purpose of this Act is to authorize the Secretary of the Interior to provide financial assistance to the States of Maryland, Louisiana, Delaware, Oregon, Virginia, and Washington to carry out activities-- (1) to eradicate or control nutria; and (2) to restore nutria damaged wetland. SEC. 3. DEFINITIONS. In this Act: (1) Coastal state.--The term ``coastal State'' means each of the States of Delaware, Oregon, Virginia, and Washington. (2) Program.--The term ``program'' means the nutria eradication program established by section 4(a). (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. NUTRIA ERADICATION PROGRAM. (a) In General.--There is established a nutria eradication program under which the Secretary may, subject to the availability of appropriations, provide financial assistance to the States of Maryland and Louisiana and the coastal States to implement measures-- (1) to eradicate or control nutria; and (2) to restore wetland damaged by nutria. (b) Goals.--The goals of the program shall be-- (1) to eradicate nutria in the State of Maryland; (2) to eradicate or control nutria in the State of Louisiana and the coastal States; and (3) to restore wetland damaged by nutria. (c) Activities in the State of Maryland.--The Secretary shall require that the program carried out in the State of Maryland consist of management, research, and public education activities carried out in accordance with the document published by the United States Fish and Wildlife Service entitled ``Eradication Strategies for Nutria in the Chesapeake and Delaware Bay Watersheds'', dated March 2002, and updated March 2009. (d) Cost-Sharing Requirement.-- (1) Federal share.--The Federal share of the total cost of the program may not exceed 75 percent. (2) In-kind contributions.--The non-Federal share of the total cost of the program may be provided in the form of in- kind contributions of materials or services. (e) Limitation on Administrative Expenses.--Not more that 5 percent of the financial assistance provided by the Secretary under the program may be used for administrative expenses. SEC. 5. REPORT. Not later than 180 days after the date of enactment of this Act, the Secretary and the National Invasive Species Council shall-- (1) for purposes of the program, give consideration to-- (A) the 2002 report for the Louisiana Department of Wildlife and Fisheries entitled ``Nutria in Louisiana''; and (B) the March 2009 update of the document entitled ``Eradication Strategies for the Nutria in the Chesapeake and Delaware Bay Watersheds'' and dated March 2002; (2) continue, in cooperation with the State of Louisiana Department of Wildlife and Fisheries and the State of Maryland Department of Natural Resources, a long-term nutria control or eradication program, as appropriate, with the objective to significantly reduce and restore the damage nutria cause to coastal wetland in the States of Louisiana and Maryland; and (3) develop, in cooperation with the State of Delaware Department of Natural Resources and Environmental Control, the State of Virginia Department of Game and Inland Fisheries, the State of Oregon Department of Fish and Wildlife, and the State of Washington Department of Fish and Wildlife, long-term nutria control or eradication programs, as appropriate, with the objective to significantly reduce and restore the damage nutria cause to coastal wetland in the coastal States. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary for each of fiscal years 2010 through 2014-- (1) $4,000,000 to provide financial assistance under the program to each of the States of Maryland and Louisiana; and (2) $1,000,000 to provide financial assistance under the program to each of the coastal States.

Nutria Eradication and Control Act of 2009 - Establishes a nutria eradication program under which the Secretary of the Interior may provide financial assistance to Maryland, Louisiana, Delaware, Oregon, Virginia, and Washington to eradicate or control nutria and restore nutria-damaged wetland. Requires that the Maryland program consist of management, research, and public education activities carried out in accordance with the United States Fish and Wildlife Service's document "Eradication Strategies for Nutria in the Chesapeake and Delaware Bay Watersheds."

To provide for the eradication and control of nutria in Maryland, Louisiana, and other coastal States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Coral Reef Conservation Amendments Act of 2005''. SEC. 2. EXPANSION OF CORAL REEF CONSERVATION PROGRAM. (a) Project Diversity.--Section 204(d) of the Coral Reef Conservation Act of 2000 (16 U.S.C. 6403(d)) is amended-- (1) by striking ``Geographic and Biological'' in the heading and inserting ``Project''; and (2) by striking paragraph (3) and inserting the following: ``(3) Remaining funds shall be awarded for-- ``(A) projects (with priority given to community- based local action strategies) that address emerging priorities or threats, including international and territorial priorities, or threats identified by the Administrator in consultation with the Coral Reef Task Force; and ``(B) other appropriate projects, as determined by the Administrator, including monitoring and assessment, research, pollution reduction, education, and technical support.''. (b) Approval Criteria.--Section 204(g) of that Act (16 U.S.C. 6403(g)) is amended-- (1) by striking ``or'' after the semicolon in paragraph (9); (2) by striking paragraph (10); and (3) by inserting after paragraph (9) the following: ``(10) promoting activities designed to minimize the likelihood of vessel impacts on coral reefs, particularly those activities described in section 210(b), including the promotion of ecologically sound navigation and anchorages near coral reefs; or ``(11) promoting and assisting entities to work with local communities, and all appropriate governmental and nongovernmental organizations, to support community-based planning and management initiatives for the protection of coral reef systems.''. SEC. 3. EMERGENCY RESPONSE. Section 206 of the Coral Reef Conservation Act of 2000 (16 U.S.C. 6405) is amended to read as follows: ``SEC. 206. EMERGENCY RESPONSE ACTIONS. ``(a) In General.--The Administrator may undertake or authorize action necessary to prevent or minimize the destruction or loss of, or injury to, coral reefs or coral reef ecosystems from vessel impacts, derelict fishing gear, vessel anchors and anchor chains, or damage from unforeseen or disaster-related circumstances. ``(b) Actions Authorized.--Action authorized by subsection (a) includes vessel removal and emergency restabilization of the vessel and any impacted coral reef. ``(c) Partnering With Other Federal Agencies.--When possible, action by the Administrator under this section should-- ``(1) be conducted in partnership with other Federal agencies, including the United States Coast Guard, the Federal Emergency Management Agency, the U.S. Army Corps of Engineers, and the Department of the Interior; and ``(2) leverage resources of other agencies.''. SEC. 4. NATIONAL PROGRAM. Section 207(b) of the Coral Reef Conservation Act of 2000 (16 U.S.C. 6406) is amended-- (1) by striking ``and'' after the semicolon in paragraph (3); (2) by striking ``partners.'' in paragraph (4) and inserting ``partners; and''; and (3) by adding at the end the following: ``(5) activities designed to minimize the likelihood of vessel impacts or other physical damage to coral reefs, including those activities identified in section 210(b).''. SEC. 5. REPORT TO CONGRESS. (a) In General.--Section 208 of the Coral Reef Conservation Act of 2000 (16 U.S.C. 6407) is amended to read as follows: ``SEC. 208. REPORT TO CONGRESS. ``Not later than March 1, 2007, and every 3 years thereafter, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Resources of the House of Representatives a report describing all activities undertaken to implement the strategy, including-- ``(1) a description of the funds obligated by each participating Federal agency to advance coral reef conservation during each of the 3 fiscal years next preceding the fiscal year in which the report is submitted; ``(2) a description of Federal interagency and cooperative efforts with States and United States territories to prevent or address overharvesting, coastal runoff, or other anthropogenic impacts on coral reefs, including projects undertaken with the Department of Interior, Department of Agriculture, the Environmental Protection Agency, and the United States Army Corps of Engineers; ``(3) a summary of the information contained in the vessel grounding inventory established under section 210, including additional authorization or funding, needed for response and removal of such vessels;'' ``(4) a description of Federal disaster response actions taken pursuant to the National Response Plan to address damage to coral reefs and coral reef ecosystems; and ``(5) an assessment of the condition of United States coral reefs, accomplishments under this Act, and the effectiveness of management actions to address threats to coral reefs.''. (b) Clerical Amendment.--The table of contents for the Coral Reef Conservation Act of 2000 (16 U.S.C. 6401 et seq.) is amended by striking the item relating to section 208 and inserting the following: ``208. Report to Congress.''. SEC. 6. FUND; GRANTS; GROUNDING INVENTORY; COORDINATION. (a) In General.--The Coral Reef Conservation Act of 2000 (16 U.S.C. 6401 et seq.) is amended-- (1) by striking ``organization solely'' and all that follows in section 205(a) (16 U.S.C. 6404(a)) and inserting ``organization-- ``(1) to support partnerships between the public and private sectors that further the purposes of this Act and are consistent with the national coral reef strategy under section 203; and ``(2) to address emergency response actions under section 206.''; (2) by adding at the end of section 205(b) 16 U.S.C. 6404(b)) ``The organization is encouraged to solicit funding and in-kind services from the private sector, including nongovernmental organizations, for emergency response actions under section 206 and for activities to prevent damage to coral reefs, including activities described in section 210(b)(2).''; (3) by striking ``the grant program'' in section 205(c) (16 U.S.C. 6404(c)) and inserting ``any grant program or emergency response action''; (4) by redesignating sections 209 and 210 as sections 212 and 213, respectively; and (5) by inserting after section 208 the following: ``SEC. 209. COMMUNITY-BASED PLANNING GRANTS. ``(a) In General.--The Administrator may make grants to entities who have received grants under section 204(c) to provide additional funds to such entities to work with local communities and through appropriate Federal and State entities to prepare and implement plans for the increased protection of coral reef areas identified by the community and scientific experts as high priorities for focused attention. The plans shall-- ``(1) support attainment of 1 or more of the criteria described in section 204(g); ``(2) be developed at the community level; ``(3) utilize watershed-based approaches; ``(4) provide for coordination with Federal and State experts and managers; and ``(5) build upon local approaches or models, including traditional or island-based resource management concepts. ``(b) Terms and Conditions.--The provisions of subsections (b), (d), (f), and (h) of section 204 apply to grants under subsection (a), except that, for the purpose of applying section 204(b)(1) to grants under this section, `75 percent' shall be substituted for `50 percent'. ``SEC. 210. VESSEL GROUNDING INVENTORY. ``(a) In General.--The Administrator may maintain an inventory of all vessel grounding incidents involving coral reef resources, including a description of-- ``(1) the impacts to such resources; ``(2) vessel and ownership information, if available; ``(3) the estimated cost of removal, mitigation, or restoration; ``(4) the response action taken by the owner, the Administrator, the Commandant of the Coast Guard, or other Federal or State agency representatives; ``(5) the status of the response action, including the dates of vessel removal and mitigation or restoration and any actions taken to prevent future grounding incidents; and ``(6) recommendations for additional navigational aids or other mechanisms for preventing future grounding incidents. ``(b) Identification of At-Risk Reefs.--The Administrator may-- ``(1) use information from any inventory maintained under subsection (a) or any other available information source to identify coral reef areas outside designated National Marine Sanctuaries that have a high incidence of vessel impacts, including groundings and anchor damage; and ``(2) identify appropriate measures, including action by other agencies, to reduce the likelihood of such impacts. ``SEC. 211. REGIONAL COORDINATION. ``The Administrator shall work in coordination and collaboration with other Federal agencies, States, and United States territorial governments to implement the strategies developed under section 203, including regional and local strategies, to address multiple threats to coral reefs and coral reef ecosystems such as coastal runoff, vessel impacts, and overharvesting.''. (b) Clerical Amendment.--The table of contents for the Coral Reef Conservation Act of 2000 (16 U.S.C. 6401 et seq.) is amended-- (1) by redesignating the items relating to sections 208 through 211 as relating to sections 211 through 214; and (2) by inserting the following after the item relating to section 207: ``209. Community-based planning grants. ``210. Vessel grounding inventory. ``211. Regional coordination.''. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. Section 212 of the Coral Reef Conservation Act of 2000 (formerly 16 U.S.C. 6408), as redesignated by section 6, is amended-- (1) by striking ``$16,000,000 for each of fiscal years 2001, 2002, 2003, and 2004,'' in subsection (a) and inserting ``$30,000,000 for fiscal year 2006, $32,000,000 for fiscal year 2007, $34,000,000 for fiscal year 2008, and $35,000,000 for each of fiscal years 2009 through 2012, of which no less than 30 percent per year (for each of fiscal years 2006 through 2012) shall be used for the grant program under section 204 and up to 10 percent per year shall be used for the Fund established under section 205,''; (2) by striking ``$1,000,000'' in subsection (b) and inserting ``$2,000,000''; and (3) by striking subsection (c) and inserting the following: ``(c) Community-Based Planning Grants.--There is authorized to be appropriated to the Administrator to carry out section 209 the sum of $8,000,000 for fiscal years 2007 through 2012, such sum to remain available until expended.''; and (4) by striking subsection (d). Passed the Senate December 15, 2005. Attest: EMILY J. REYNOLDS, Secretary.

Coral Reef Conservation Amendments Act of 2005 - (Sec. 2) Amends the Coral Reef Conservation Act of 2000 to extend the award of remaining grant funds under the coral reef conservation program, in addition to projects addressing emerging priorities or threats, to other appropriate projects, as identified by the Administrator of the National Oceanic and Atmospheric Administration (NOAA), including monitoring and assessment, research, pollution reduction, education, and technical support. Prohibits the Administrator from approving a coral reef conservation project unless it is consistent with a certain coral reef action strategy and will enhance conservation by: (1) promoting activities designed to minimize vessel impacts on coral reefs; and (2) assisting entities to work with local communities, and appropriate governmental and nongovernmental organizations, to support community-based planning and management initiatives for the protection of coral reef systems. (Sec. 3) Authorizes the Administrator to undertake emergency response actions to prevent or minimize the destruction or loss of, or injury to, coral reefs or coral ecosystems from vessel impacts, derelict fishing gear, vessel anchors and anchor chains, or damage from unforeseen or disaster-related circumstances. Requires the Administrator, when possible, to partner with other specified federal agencies and to leverage their resources for such purposes. (Sec. 4) Authorizes, under the national program to conserve coral reefs and coral ecosystems, any activities designed to minimize the likelihood of vessel impacts or other physical damage to coral reefs, including activities to identify certain at-risk coral reefs. (Sec. 5) Directs the Administrator to report triennially to Congress on all activities undertaken to implement the national coral reef action strategy, including: (1) a description of funds obligated by each participating federal agency to advance coral reef conservation; (2) a description of federal interagency and cooperative efforts with states and U.S. territories to prevent overharvesting, coastal runoff, or other anthropogenic impacts on coral reefs; (3) a summary of the information contained in the vessel grounding inventory, including additional funding, needed for response and removal of such vessels; (4) a description of federal disaster response actions taken under the National Response Plan to address damage to coral reefs and coral reef ecosystems; and (5) an assessment of the condition of U.S. coral reefs, accomplishments under this Act, and the effectiveness of management actions to address threats to coral reefs. (Sec. 6) Requires a nonprofit organization that receives project funds from the Coral Reef Conservation Fund to use them to address emergency response actions to prevent or minimize the destruction or loss of, or injury to, coral reefs or coral ecosystems from vessel impacts or other physical damage to coral reefs. Urges such organizations to solicit funding and in-kind services from the private sector (including nongovernmental organizations). Authorizes the Administrator to make community-based planning grants to certain entities to work with local communities and appropriate federal and state entities to implement plans for increased protection of high priority coral reefs. Authorizes the Administrator to: (1) maintain an inventory of all vessel grounding accidents involving coral reef resources; and (2) identify certain at-risk coral reefs that have a high incidence of vessel impacts, including appropriate measures to reduce such impacts. Directs the Administrator to work in coordination with other federal agencies, states, and U.S. territorial governments to implement the national coral reef action strategies (including regional and local strategies) to address multiple threats to coral reefs and coral reef ecosystems such as coastal runoff, vessel impacts, and overharvesting. (Sec. 7) Reauthorizes the Coral Reef Conservation Act of 2000 and authorizes appropriations through FY2012 for: (1) the coral reef conservation program; and (2) community-based planning grants.

A bill to reauthorize the Coral Reef Conservation Act of 2000, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Upper Connecticut River Partnership Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) the upper Connecticut River watershed in the States of New Hampshire and Vermont is a scenic region of historic villages located in a working landscape of farms, forests, and the mountainous headwaters and broad fertile floodplains of New England's longest river, the Connecticut River; (2) the River provides outstanding fish and wildlife habitat, recreation, and hydropower generation for the New England region; (3) the upper Connecticut River watershed has been recognized by Congress as part of the Silvio 0. Conte National Fish and Wildlife Refuge, established by the Silvio O. Conte National Fish and Wildlife Refuge Act (16 U.S.C. 668dd note; Public Law 102-212); (4) the demonstrated interest in stewardship of the River by the citizens living in the watershed led to the Presidential designation of the River as 1 of 14 American Heritage Rivers on July 30, 1998; (5) the River is home to the bistate Connecticut River Scenic Byway, which will foster heritage tourism in the region; (6) each of the legislatures of the States of Vermont and New Hampshire has established a commission for the Connecticut River watershed, and the 2 commissions, known collectively as the ``Connecticut River Joint Commissions''-- (A) have worked together since 1989; and (B) serve as the focal point for cooperation between Federal agencies, States, communities, and citizens; (7) in 1997, as directed by the legislatures, the Connecticut River Joint Commissions, with the substantial involvement of 5 bistate local river subcommittees appointed to represent riverfront towns, produced the 6-volume Connecticut River Corridor Management Plan, to be used as a blueprint in educating agencies, communities, and the public in how to be good neighbors to a great river; (8) this year, by Joint Legislative Resolution, the legislatures have requested that Congress provide for continuation of cooperative partnerships and support for the Connecticut River Joint Commissions from the New England Federal Partners for Natural Resources, a consortium of Federal agencies, in carrying out recommendations of the Connecticut River Corridor Management Plan; (9) this Act effectuates certain recommendations of the Connecticut River Corridor Management Plan that are most appropriately directed by the States through the Connecticut River Joint Commissions, with assistance from the National Park Service and United States Fish and Wildlife Service; and (10) where implementation of those recommendations involves partnership with local communities and organizations, support for the partnership should be provided by the Secretary. (b) Purpose.--The purpose of this Act is to authorize the Secretary to provide to the States of New Hampshire and Vermont (including communities in those States), through the Connecticut River Joint Commissions, technical and financial assistance for management of the River. SEC. 3. DEFINITIONS. In this Act: (1) River.--The term ``River'' means the Connecticut River. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) State.--The term ``State'' means-- (A) the State of New Hampshire; or (B) the State of Vermont. SEC. 4. ASSISTANCE FOR STATES. The Secretary of the Interior may provide to the States, through the Connecticut River Joint Commissions, technical and financial assistance in managing the River, including assistance in-- (1) developing a joint policy for water quality, flow management, and recreational boating for the portion of the River that is common to the States; (2) developing protection plans for water quality in the tributaries that flow into the River; (3) developing a coordinated, collaborative approach on the part of the States for monitoring the quality of the River for human use and ecological health; (4) restoring and protecting priority riverbanks to improve water quality and aquatic and riparian habitat; (5) encouraging and assisting communities, farmers, and other riverfront landowners in-- (A) establishing and protecting riparian buffers; and (B) preventing nonpoint source pollution; (6) encouraging and assisting communities in-- (A) protecting shoreland, wetland, and flood plains; and (B) managing and treating stormwater runoff; (7) in cooperation with dam owners-- (A) evaluating the decommissioning of uneconomic dams in the watershed; and (B) restoring natural riverine habitat; (8) protecting and restoring the habitat of native trout, anadromous fisheries, and other outstanding fish and wildlife resources; (9) encouraging new and improved markets for local agricultural products; (10) encouraging the protection of farm land and economically sustainable agriculture; (11) developing and promoting locally planned, approved, and managed networks of heritage trails and water trails in the River valley; (12) coordinating and fostering opportunities for heritage tourism and agritourism through the Connecticut River Scenic Byway; (13) demonstrating economic development based on heritage tourism; (14) supporting local stewardship; (15) strengthening nonregulatory protection of heritage resources; (16) encouraging the vitality of historically compact village and town centers; (17) establishing indicators of sustainability; and (18) monitoring the impact of increased tourism and recreational use on natural and historic resources. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.

Upper Connecticut River Partnership Act - Authorizes the Secretary of the Interior, through the Connecticut River Joint Commissions, to provide technical and financial assistance in managing the River to the States of New Hampshire and Vermont.

A bill to authorize the Secretary of the Interior to provide assistance in implementing cultural heritage, conservation, and recreational activities in the Connecticut River watershed of the States of Hew Hampshire and Vermont.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission to Study Reparation Proposals for African Americans Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that-- (1) approximately 4,000,000 Africans and their descendants were enslaved in the United States and the colonies that became the United States from 1619 to 1865; (2) the institution of slavery was constitutionally and statutorily sanctioned by the Government of the United States from 1789 through 1865; (3) the slavery that flourished in the United States constituted an immoral and inhumane deprivation of Africans' life, liberty, African citizenship rights, and cultural heritage, and denied them the fruits of their own labor; and (4) sufficient inquiry has not been made into the effects of the institution of slavery on living African Americans and society in the United States. (b) Purpose.--The purpose of this Act is to establish a commission to-- (1) examine the institution of slavery which existed from 1619 through 1865 within the United States and the colonies that became the United States, including the extent to which the Federal and State governments constitutionally and statutorily supported the institution of slavery; (2) examine de jure and de facto discrimination against freed slaves and their descendants from the end of the Civil War to the present, including economic, political, and social discrimination; (3) examine the lingering negative effects of the institution of slavery and the discrimination described in paragraph (2) on living African Americans and on society in the United States; (4) recommend appropriate ways to educate the American public of the Commission's findings; (5) recommend appropriate remedies in consideration of the Commission's findings on the matters described in paragraphs (1) and (2); and (6) submit to the Congress the results of such examination, together with such recommendations. SEC. 3. ESTABLISHMENT AND DUTIES. (a) Establishment.--There is established the Commission to Study Reparation Proposals for African Americans (hereinafter in this Act referred to as the ``Commission''). (b) Duties.--The Commission shall perform the following duties: (1) Examine the institution of slavery which existed within the United States and the colonies that became the United States from 1619 through 1865. The Commission's examination shall include an examination of-- (A) the capture and procurement of Africans; (B) the transport of Africans to the United States and the colonies that became the United States for the purpose of enslavement, including their treatment during transport; (C) the sale and acquisition of Africans as chattel property in interstate and intrastate commerce; and (D) the treatment of African slaves in the colonies and the United States, including the deprivation of their freedom, exploitation of their labor, and destruction of their culture, language, religion, and families. (2) Examine the extent to which the Federal and State governments of the United States supported the institution of slavery in constitutional and statutory provisions, including the extent to which such governments prevented, opposed, or restricted efforts of freed African slaves to repatriate to their home land. (3) Examine Federal and State laws that discriminated against freed African slaves and their descendants during the period between the end of the civil war and the present. (4) Examine other forms of discrimination in the public and private sectors against freed African slaves and their descendants during the period between the end of the civil war and the present. (5) Examine the lingering negative effects of the institution of slavery and the matters described in paragraphs (1), (2), (3), and (4) on living African Americans and on society in the United States. (6) Recommend appropriate ways to educate the American public of the Commission's findings. (7) Recommend appropriate remedies in consideration of the Commission's findings on the matters described in paragraphs (1), (2), (3), and (4). In making such recommendations, the Commission shall address, among other issues, the following questions: (A) Whether the Government of the United States should offer a formal apology on behalf of the people of the United States for the perpetration of gross human rights violations on African slaves and their descendants. (B) Whether African Americans still suffer from the lingering affects of the matters described in paragraphs (1), (2), (3), and (4). (C) Whether, in consideration of the Commission's findings, any form of compensation to the descendants of African slaves is warranted. (D) If the Commission finds that such compensation is warranted, what should be the amount of compensation, what form of compensation should be awarded, and who should be eligible for such compensation. (c) Report to Congress.--The Commission shall submit a written report of its findings and recommendations to the Congress not later than the date which is one year after the date of the first meeting of the Commission held pursuant to section 4(c). SEC. 4. MEMBERSHIP. (a) Number and Appointment.--(1) The Commission shall be composed of 7 members, who shall be appointed, within 90 days after the date of enactment of this Act, as follows: (A) Three members shall be appointed by the President. (B) Three members shall be appointed by the Speaker of the House of Representatives. (C) One member shall be appointed by the President pro tempore of the Senate. (2) All members of the Commission shall be persons who are especially qualified to serve on the Commission by virtue of their education, training, or experience, particularly in the field of African American studies. (b) Terms.--The term of office for members shall be for the life of the Commission. A vacancy in the Commission shall not affect the powers of the Commission, and shall be filled in the same manner in which the original appointment was made. (c) First Meeting.--The President shall call the first meeting of the Commission within 120 days after the date of the enactment of this Act, or within 30 days after the date on which legislation is enacted making appropriations to carry out this Act, whichever date is later. (d) Quorum.--Four members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (e) Chair and Vice Chair.--The Commission shall elect a Chair and Vice Chair from among its members. The term of office of each shall be for the life of the Commission. (f) Compensation.--(1) Except as provided in paragraph (2), each member of the Commission shall receive compensation at the daily equivalent of the annual rate of basic pay payable for GS-18 of the General Schedule under section 5332 of title 5, United States Code, for each day, including travel time, during which he or she is engaged in the actual performance of duties vested in the Commission. (2) A member of the Commission who is a full-time officer or employee of the United States or a Member of Congress shall receive no additional pay, allowances, or benefits by reason of his or her service on the Commission. (3) All members of the Commission shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in the performance of their duties to the extent authorized by chapter 57 of title 5, United States Code. SEC. 5. POWERS OF THE COMMISSION. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out the provisions of this Act, hold such hearings and sit and act at such times and at such places in the United States, and request the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Commission considers appropriate. The Commission may request the Attorney General to invoke the aid of an appropriate United States district court to require, by subpoena or otherwise, such attendance, testimony, or production. (b) Powers of Subcommittees and Members.--Any subcommittee or member of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Obtaining Official Data.--The Commission may acquire directly from the head of any department, agency, or instrumentality of the executive branch of the Government, available information which the Commission considers useful in the discharge of its duties. All departments, agencies, and instrumentalities of the executive branch of the Government shall cooperate with the Commission with respect to such information and shall furnish all information requested by the Commission to the extent permitted by law. SEC. 6. ADMINISTRATIVE PROVISIONS. (a) Staff.--The Commission may, without regard to section 5311(b) of title 5, United States Code, appoint and fix the compensation of such personnel as the Commission considers appropriate. (b) Applicability of Certain Civil Service Laws.--The staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and 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, except that the compensation of any employee of the Commission may not exceed a rate equal to the annual rate of basic pay payable for GS-18 of the General Schedule under section 5332 of title 5, United States Code. (c) Experts and Consultants.--The Commission may procure the services of experts and consultants in accordance with the provisions of section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the highest rate payable under section 5332 of such title. (d) Administrative Support Services.--The Commission may enter into agreements with the Administrator of General Services for procurement of financial and administrative services necessary for the discharge of the duties of the Commission. Payment for such services shall be made by reimbursement from funds of the Commission in such amounts as may be agreed upon by the Chairman of the Commission and the Administrator. (e) Contracts.--The Commission may-- (1) procure supplies, services, and property by contract in accordance with applicable laws and regulations and to the extent or in such amounts as are provided in appropriations Acts; and (2) enter into contracts with departments, agencies, and instrumentalities of the Federal Government, State agencies, and private firms, institutions, and agencies, for the conduct of research or surveys, the preparation of reports, and other activities necessary for the discharge of the duties of the Commission, to the extent or in such amounts as are provided in appropriations Acts. SEC. 7. TERMINATION. The Commission shall terminate 90 days after the date on which the Commission submits its report to the Congress under section 3(c). SEC. 8. AUTHORIZATION OF APPROPRIATIONS. To carry out the provisions of this Act, there are authorized to be appropriated $8,000,000.

Commission to Study Reparation Proposals for African Americans Act - Establishes the Commission to Study Reparation Proposals for African Americans to examine slavery and discrimination in the colonies and the United States from 1619 to the present and recommend appropriate remedies. Authorizes appropriations.

Commission to Study Reparation Proposals for African Americans Act

SECTION 1. CERTAIN ENTRIES OF SALMON. (a) Liquidation or Reliquidation of Entries.--Notwithstanding sections 514 and 520 of the Tariff Act of 1930 (19 U.S.C. 1514 and 1520) or any other provision of law, the Secretary of the Treasury shall, not later than 90 days after the date of enactment of this Act, liquidate or reliquidate the entries listed in subsection (b) without assessment of antidumping duties or interest and shall refund any antidumping duties or interest which were previously paid on such entries. (b) Affected Entries.--The entries referred to in subsection (a) are the following: Entry number Date of entry Port 121462-6 07/30/98 Miami 121624-1 08/01/98 Miami 121641-5 08/02/98 Miami 121897-3 08/06/98 Miami 122072-2 08/08/98 Miami 122088-8 08/09/98 Miami 122407-0 08/14/98 Miami 122409-6 08/14/98 Miami 122495-5 08/15/98 Miami 122868-3 08/21/98 Miami 123222-2 08/27/98 Miami 123382-4 08/29/98 Miami 123643-9 09/03/98 Miami 123717-1 09/04/98 Miami 123798-1 09/05/98 Miami 123799-9 09/05/98 Miami 123833-6 09/06/98 Miami 124061-3 09/10/98 Miami 124149-6 09/11/98 Miami 124152-0 09/11/98 Miami 124236-1 09/12/98 Miami 124522-4 09/18/98 Miami 124523-2 09/17/98 Miami 124601-6 09/18/98 Miami 124932-5 09/26/98 Miami 124934-1 09/26/98 Miami 124938-2 09/27/98 Miami 124977-0 09/27/98 Miami 124982-0 09/27/98 Miami 125021-6 09/28/98 Miami 125306-1 10/03/98 Miami 125310-3 10/03/98 Miami 125707-0 10/08/98 Miami 125715-3 10/08/98 Miami 125772-4 10/09/98 Miami 125773-2 10/09/98 Miami 125775-7 10/09/98 Miami 125848-2 10/10/98 Miami 125966-2 10/14/98 Miami 126227-8 10/16/98 Miami 126300-3 10/17/98 Miami 126360-7 10/18/98 Miami 126386-2 10/19/98 Miami 126626-1 10/22/98 Miami 126627-9 10/22/98 Miami 126687-3 10/23/98 Miami 126688-1 10/23/98 Miami 126710-3 10/23/98 Miami 126732-7 10/23/98 Miami 126781-4 10/24/98 Miami 126807-7 10/26/98 Miami 127041-2 10/29/98 Miami 127105-5 10/30/98 Miami 127200-4 10/31/98 Miami 127264-0 11/02/98 Miami 127459-6 11/13/98 Miami 127543-7 11/06/98 Miami 127595-7 11/07/98 Miami 127827-4 11/12/98 Miami 127936-3 11/20/98 Miami 127938-9 12/03/98 Miami 128015-5 11/14/98 Miami 128058-5 11/15/98 Miami 128103-9 11/16/98 Miami 128359-7 11/19/98 Miami 128473-6 11/20/98 Miami 128482-7 11/20/98 Miami 128528-7 11/21/98 Miami 128553-5 11/21/98 Miami 128580-8 11/22/98 Miami 128817-4 11/26/98 Miami 128853-9 11/27/98 Miami 128858-8 11/27/98 Miami 128944-6 11/28/98 Miami 128999-0 11/29/98 Miami 129388-5 12/04/98 Miami 129412-3 12/04/98 Miami 129512-0 12/05/98 Miami 129527-8 12/06/98 Miami 129786-0 12/10/98 Miami 129980-9 12/13/98 Miami 130054-0 12/13/98 Miami 130089-6 12/14/98 Miami 130094-6 12/14/98 Miami 130375-9 12/18/98 Miami 130548-1 12/21/98 Miami 130564-8 12/20/98 Miami 130567-1 12/20/98 Miami 130574-7 12/20/98 Miami 130633-1 12/21/98 Miami 130880-8 12/24/98 Miami 131259-4 12/31/98 Miami 131464-0 01/06/99 Miami 131548-0 01/07/99 Miami 131602-5 01/08/99 Miami 131709-8 01/10/99 Miami 131745-2 01/15/99 Miami 131746-0 01/11/99 Miami 131900-3 01/13/99 Miami 131970-6 01/14/99 Miami 132097-7 01/15/99 Miami 132197-5 01/17/99 Miami 132226-2 01/18/99 Miami 132374-0 01/20/99 Miami 132461-5 01/21/99 Miami 132551-3 01/22/99 Miami 132716-2 01/25/99 Miami 132762-6 01/25/99 Miami 132897-0 01/27/99 Miami 132947-3 01/28/99 Miami 132951-5 01/28/99 Miami 133038-0 01/29/99 Miami 133178-4 01/31/99 Miami 133251-9 02/01/99 Miami 133779-9 02/09/99 Miami 133877-1 02/10/99 Miami 133938-1 02/11/99 Miami 134025-6 02/13/99 Miami 134116-3 02/13/99 Miami 134166-8 02/15/99 Miami 134177-5 02/15/99 Miami 134391-2 02/18/99 Miami 134472-0 02/19/99 Miami 134591-7 02/21/99 Miami 134617-0 02/22/99 Miami 135057-8 02/28/99 Miami 135079-2 03/01/99 Miami 135518-9 03/07/99 Miami 135570-0 03/08/99 Miami 135776-3 03/11/99 Miami 135779-7 03/11/99 Miami 135855-5 03/12/99 Miami 136183-1 03/18/99 Miami 136256-5 03/19/99 Miami 136366-2 03/21/99 Miami 136556-8 03/24/99 Miami 136606-1 03/26/99 Miami 137025-3 03/31/99 Miami 137104-6 04/02/99 Miami 137376-0 04/07/99 Miami 137429-7 04/08/99 Miami 137545-0 04/10/99 Miami 137650-8 04/12/99 Miami 137834-8 04/02/99 Miami 137875-1 04/15/99 Miami 137908-0 04/17/99 Miami 138233-2 04/21/99 Miami 138341-3 04/22/99 Miami 138789-3 04/29/99 Miami 138880-0 04/30/99 Miami 139184-6 05/05/99 Miami 139239-8 05/06/99 Miami 139425-3 05/08/99 Miami 139456-8 05/09/99 Miami 139541-7 05/11/99 Miami 139872-6 05/15/99 Miami 139905-4 05/17/99 Miami 139996-3 05/18/99 Miami 140203-1 05/21/99 Miami 140319-5 05/22/99 Miami 140752-7 05/29/99 Miami 140785-7 05/31/99 Miami 140925-9 06/02/99 Miami 141010-9 06/03/99 Miami 141178-4 06/06/99 Miami 141193-3 06/07/99 Miami 141565-2 06/12/99 Miami 141609-8 06/13/99 Miami 141783-1 06/16/99 Miami 141847-4 06/17/99 Miami 141968-8 06/18/99 Miami 142047-0 06/19/99 Miami 142574-3 06/26/99 Miami 142619-6 06/27/99 Miami 142814-3 06/30/99 Miami

Directs the Secretary of the Treasury to liquidate or reliquidate, without assessment of antidumping duties or interest, specified entries of salmon at the port of Miami, Florida. Requires refund of any antidumping duties or interest previously paid on such entries.

A bill to reliquidate certain entries of salmon.

SECTION 1. SHORT TITLE. This Act may be cited as the ``State Excise, Sales, and Transaction Tax Enforcement Act of 1999''. SEC. 2. FINDINGS. Congress finds that-- (1) through a long line of decisions, the United States Supreme Court has established that States have the right to collect lawfully imposed nondiscriminatory State excise, sales, and transaction taxes on the purchase of a good or service from an Indian tribe (including a tribal government or tribal corporation) by a person who is not a member of that Indian tribe; (2) the collection of those State taxes has been impeded by the assertion of tribal immunity by Indian tribes (including tribal governments and tribal corporations) and members of Indian tribes as a defense in Federal actions in Federal courts; and (3) the failure of an Indian tribe (including a tribal government or tribal corporation) or a member of an Indian tribe to act as an agent of a State to collect such a State tax-- (A) unlawfully deprives that State of essential tax revenues needed for making improvements to infrastructure and ensuring the health and welfare of all of the citizens of that State; and (B)(i) creates a disadvantage for law-abiding businesses that are not associated with the Indian tribe and that fulfill an obligation to act as an agent of the State; and (ii) as a result of that disadvantage, some of those businesses may be forced out of business. SEC. 3. COLLECTION OF STATE TAXES. Section 1362 of title 28, United States Code, is amended-- (1) by inserting ``(a) In General.--'' before ``The district courts''; and (2) by adding at the end the following: ``(b) Collection of Qualified State Taxes by Indian Tribes.-- ``(1) Definitions.--In this subsection: ``(A) Good or service.--The term `good or service' includes any tobacco product or motor fuel (within the meaning of the Internal Revenue Code of 1986). ``(B) Indian tribe.--The term `Indian tribe' means-- ``(i) an Indian tribe or band referred to in subsection (a); and ``(ii) any governing body or tribal corporation of such a tribe or band. ``(C) Qualified state tax.-- ``(i) In general.--The term `qualified State tax' means any lawfully imposed, nondiscriminatory excise, sales, or transaction tax imposed by a State on a purchase of a good or service from a tribal retail enterprise by a person who is not a member of the Indian tribe that is (or with respect to which a member is) the owner or operator of the tribal retail enterprise. ``(ii) Exceptions.--The term does not include any State tax otherwise described in clause (i) if-- ``(I) as of the date of enactment of the State Excise, Sales, and Transaction Tax Enforcement Act of 1999, the tribal retail enterprise is exempted under the law of that State from collecting and remitting that tax because the Indian tribe associated with that tribal retail enterprise imposes and collects an equivalent tax on such sale in an amount equal to the tax that would otherwise be imposed by the State; ``(II) as of the date of enactment of the State Excise, Sales, and Transaction Tax Enforcement Act of 1999, the State has waived the applicability of that tax to the purchase of a good or service from that tribal retail enterprise by a person who is not a member of the Indian tribe that is (or with respect to which a member is) the owner or operator of the tribal retail enterprise; ``(III) as of the date of enactment of the State Excise, Sales, and Transaction Tax Enforcement Act of 1999, the tax is the subject of an agreement between a tribal retail enterprise and a State that exempts that tribal retail enterprise from collecting and remitting that tax; or ``(IV) the incidence of the tax falls on an Indian tribe or member of an Indian tribe. ``(D) Tribal immunity.--The term `tribal immunity' means the immunity of an Indian tribe from jurisdiction of the Federal courts, judicial review of an action of that Indian tribe, or any other remedy. ``(E) Tribal retail enterprise.--The term `tribal retail enterprise' includes any entity that-- ``(i) is owned or operated by an Indian tribe or member of an Indian tribe; and ``(ii) engages in the business of the wholesale or retail sales of a good or service. ``(2) Collection of qualified state taxes.--The owner or operator of a tribal retail enterprise shall collect and remit applicable qualified State taxes. ``(3) Conflict resolution.-- ``(A) Declaratory judgments.--A State may bring an action for a declaratory judgment under section 2201 in a district court of appropriate jurisdiction concerning the applicability or lawfulness of a qualified State tax. ``(B) Actions.--A State may bring an action against a tribal retail enterprise or the Indian tribe or member of an Indian tribe that owns or operates the tribal retail enterprise in a district court of appropriate jurisdiction to enforce the collection or remittance of a qualified State tax under paragraph (2). ``(C) Waiver of tribal immunity.--In an action referred to in subparagraph (A) or (B), to the extent necessary to obtain a judgment in that action, the tribal immunity of the Indian tribe is waived.''. SEC. 4. APPLICABILITY. The amendments made by section 3 shall apply to sales of goods or services referred to in section 1362(b) of title 28, United States Code, as added by section 3, that are made after the date of enactment of this Act.

Defines a "qualified State tax" as any lawfully imposed, nondiscriminatory excise, sales, or transaction tax imposed by a State on a purchase of a good or service from a tribal retail enterprise by a person who is not a member of the Indian tribe that is (or with respect to which a member is) the owner or operator of the tribal enterprise, excluding any State tax otherwise described if: (1) the tribal retail enterprise is exempted under State law from collecting and remitting that tax because the associated Indian tribe imposes and collects an equivalent tax; (2) the State has waived the applicability of that tax to a purchase from the enterprise by a person who is not a member of the associated tribe that is (or with respect to which a member is) the owner or operator of the enterprise; (3) the tax is the subject of an agreement between an enterprise and a State that exempts that enterprise from collecting and remitting that tax; or (4) the incidence of which falls on an Indian tribe or a member of an Indian tribe.

State Excise Sales, and Transaction Tax Enforcement Act of 1999