FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protection of Children Act of 2014''. SEC. 2. REPATRIATION OF UNACCOMPANIED ALIEN CHILDREN. (a) In General.--Section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) is amended-- (1) in subsection (a)-- (A) in paragraph (2)-- (i) by amending the heading to read as follows: ``Rules for unaccompanied alien children.''; (ii) in subparagraph (A); (I) in the matter preceding clause (i), by striking ``who is a national or habitual resident of a country that is contiguous with the United States''; (II) in clause (i), by inserting ``and'' at the end; (III) in clause (ii), by striking ``; and'' and inserting a period; and (IV) by striking clause (iii); (iii) in subparagraph (B)-- (I) in the matter preceding clause (i), by striking ``(8 U.S.C. 1101 et seq.) may--'' and inserting ``(8 U.S.C. 1101 et seq.)--''; (II) in clause (i), by inserting before ``permit such child to withdraw'' the following: ``may''; and (III) in clause (ii), by inserting before ``return such child'' the following: ``shall''; and (iv) in subparagraph (C)-- (I) by amending the heading to read as follows: ``Agreements with foreign countries.''; and (II) in the matter preceding clause (i), by striking ``The Secretary of State shall negotiate agreements between the United States and countries contiguous to the United States'' and inserting ``The Secretary of State may negotiate agreements between the United States and any foreign country that the Secretary determines appropriate''; and (B) in paragraph (5)(D)-- (i) in the matter preceding clause (i), by striking ``, except for an unaccompanied alien child from a contiguous country subject to the exceptions under subsection (a)(2),'' and inserting ``who does not meet the criteria listed in paragraph (2)(A)''; and (ii) in clause (i), by inserting before the semicolon at the end the following: ``, which shall include a hearing before an immigration judge not later than 14 days after being screened under paragraph (4)''; (2) in subsection (b)-- (A) in paragraph (2)-- (i) in subparagraph (A), by inserting before the semicolon the following: ``believed not to meet the criteria listed in subsection (a)(2)(A)''; and (ii) in subparagraph (B), by inserting before the period the following: ``and does not meet the criteria listed in subsection (a)(2)(A)''; and (B) in paragraph (3), by striking ``an unaccompanied alien child in custody shall'' and all that follows, and inserting the following: ``an unaccompanied alien child in custody-- ``(A) in the case of a child who does not meet the criteria listed in subsection (a)(2)(A), shall transfer the custody of such child to the Secretary of Health and Human Services not later than 30 days after determining that such child is an unaccompanied alien child who does not meet such criteria; or ``(B) in the case of child who meets the criteria listed in subsection (a)(2)(A), may transfer the custody of such child to the Secretary of Health and Human Services after determining that such child is an unaccompanied alien child who meets such criteria.''; and (3) in subsection (c)-- (A) in paragraph (3), by inserting at the end the following: ``(D) Information about individuals with whom children are placed.-- ``(i) Information to be provided to homeland security.--Before placing a child with an individual, the Secretary of Health and Human Services shall provide to the Secretary of Homeland Security, regarding the individual with whom the child will be placed, the following information: ``(I) The name of the individual. ``(II) The social security number of the individual. ``(III) The date of birth of the individual. ``(IV) The location of the individual's residence where the child will be placed. ``(V) The immigration status of the individual, if known. ``(VI) Contact information for the individual. ``(ii) Special rule.--In the case of a child who was apprehended on or after June 15, 2012, and before the date of the enactment of the Protection of Children Act of 2014, who the Secretary of Health and Human Services placed with an individual, the Secretary shall provide the information listed in clause (i) to the Secretary of Homeland Security not later than 90 days after the date of the enactment of the Protection of Children Act of 2014. ``(iii) Activities of the secretary of homeland security.--Not later than 30 days after receiving the information listed in clause (i), the Secretary of Homeland Security shall-- ``(I) in the case that the immigration status of an individual with whom a child is placed is unknown, investigate the immigration status of that individual; and ``(II) upon determining that an individual with whom a child is placed is unlawfully present in the United States, initiate removal proceedings pursuant to chapter 4 of title II of the Immigration and Nationality Act (8 U.S.C. 1221 et seq.).''; and (B) in paragraph (5)-- (i) by inserting after ``to the greatest extent practicable'' the following: ``(at no expense to the Government)''; and (ii) by striking ``have counsel to represent them'' and inserting ``have access to counsel to represent them''. (b) Effective Date.--The amendments made by this section shall apply to any unauthorized alien child apprehended on or after June 15, 2012. SEC. 3. SPECIAL IMMIGRANT JUVENILE STATUS FOR IMMIGRANTS UNABLE TO REUNITE WITH EITHER PARENT. Section 101(a)(27)(J)(i) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)(i)) is amended by striking ``1 or both of the immigrant's parents'' and inserting ``either of the immigrant's parents''. SEC. 4. JURISDICTION OF ASYLUM APPLICATIONS. Section 208(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1158) is amended by striking subparagraph (C).

Protection of Children Act of 2014 - Amends the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 to eliminate the special repatriation requirements for unaccompanied alien children (UAC) who are nationals or residents of a country contiguous to the United States. (Applies the same removal requirements to all UACs who are not victims of a severe form of trafficking in persons and who do not have a fear of returning to their country of nationality or last habitual residence.) Requires an immigration officer who finds an inadmissible UAC at a land border or port of entry to return the child to his or her country of nationality or of last habitual residence. (Such authority is now only discretionary.) Authorizes the Secretary of State to negotiate agreements between the United States and other countries for the repatriation of children. (Under current law the Secretary is required to negotiate agreements between the United States and countries contiguous to the United States for the repatriation of children.) Requires any unaccompanied child who is not a victim of a severe form of trafficking in persons, and does not have a fear of returning to his or her country of nationality or last habitual residence, but who is: (1) in removal proceedings to have a hearing before an immigration judge within 14 days, (2) in federal custody to be transferred to Department of Health and Human Services (HHS) custody within 30 days, and (3) in HHS or Department of Homeland Security (DHS) custody to have access to legal counsel at no cost to the government. Requires: (1) HHS, before placing a child with an individual, to provide DHS with the individual's name, Social Security number, date of birth, residence location, and immigration status, if known; and (2) DHS to investigate the immigration status of the individual with whom the child is placed, and initiate removal proceedings if that individual is unlawfully present in the United States. Applies such requirements to any unauthorized child apprehended on or after June 15, 2012. Amends the Immigration and Nationality Act with respect to: (1) special immigrant juvenile status, and (2) jurisdiction of asylum applications.

Protection of Children Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commercial Fishing, Farm, and Ranch Risk Management Act''. SEC. 2. COMMERCIAL FISHING, FARM, AND RANCH RISK MANAGEMENT ACCOUNTS. (a) In General.--Subpart C of part II of subchapter E of chapter 1 of the Internal Revenue Code of 1986 (relating to taxable year for which deductions taken) is amended by inserting after section 468B the following: ``SEC. 468C. COMMERCIAL FISHING, FARM, AND RANCH RISK MANAGEMENT ACCOUNTS. ``(a) Deduction Allowed.--In the case of an individual engaged in an eligible farming business or commercial fishing, there shall be allowed as a deduction for any taxable year the amount paid in cash by the taxpayer during the taxable year to a Commercial Fishing, Farm, and Ranch Risk Management Account (hereinafter in this section referred to as the `CFFR Account'). ``(b) Limitation.--The amount which a taxpayer may pay into the CFFR Account for any taxable year shall not exceed 20 percent of so much of the taxable income of the taxpayer (determined without regard to this section) which is attributable (determined in the manner applicable under section 1301) to any eligible farming business or commercial fishing. ``(c) Eligible Businesses.--For purposes of this section-- ``(1) Eligible farming business.--The term `eligible farming business' means any farming business (as defined in section 263A(e)(4)) which is not a passive activity (within the meaning of section 469(c)) of the taxpayer. ``(2) Commercial fishing.--The term `commercial fishing' has the meaning given such term by section 3(4) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802(4)) but only if such fishing is not a passive activity (within the meaning of section 469(c)) of the taxpayer. ``(d) CFFR Account.--For purposes of this section, the term `Commercial Fishing, Farm, and Ranch Risk Management Account' or `CFFR Account' means a trust created or organized in the United States for the exclusive benefit of the taxpayer, but only if the written governing instrument creating the trust meets the following requirements: ``(1) No contribution will be accepted for any taxable year in excess of the amount allowed as a deduction under subsection (a) for such year. ``(2) The trustee is a bank (as defined in section 408(n)) or another person who demonstrates to the satisfaction of the Secretary that the manner in which such person will administer the trust will be consistent with the requirements of this section. ``(3) The assets of the trust consist entirely of cash or of obligations which have adequate stated interest (as defined in section 1274(c)(2)) and which pay such interest not less often than annually. ``(4) The assets of the trust will not be commingled with other property except in a common trust fund or common investment fund. ``(e) Inclusion of Amounts Distributed.-- ``(1) In general.--Except as provided in paragraph (2), there shall be includible in the gross income of the taxpayer for any taxable year-- ``(A) any amount distributed from a CFFR Account of the taxpayer during such taxable year, and ``(B) any deemed distribution under-- ``(i) subsection (f)(1) (relating to deposits not distributed within 10 years), ``(ii) subsection (f)(2) (relating to cessation in eligible farming business), and ``(iii) subparagraph (B) or (C) of subsection (f)(3) (relating to prohibited transactions and pledging account as security). ``(2) Exceptions.--Paragraph (1)(A) shall not apply to-- ``(A) any distribution to the extent attributable to income of the Account, and ``(B) the distribution of any contribution paid during a taxable year to a CFFR Account to the extent that such contribution exceeds the limitation applicable under subsection (b) if requirements similar to the requirements of section 408(d)(4) are met. For purposes of subparagraph (A), distributions shall be treated as first attributable to income and then to other amounts. ``(f) Special Rules.-- ``(1) Tax on deposits in account which are not distributed within 10 years.-- ``(A) In general.--If, at the close of any taxable year, there is a nonqualified balance in any CFFR Account-- ``(i) there shall be deemed distributed from such Account during such taxable year an amount equal to such balance, and ``(ii) the taxpayer's tax imposed by this chapter for such taxable year shall be increased by 10 percent of such deemed distribution. The preceding sentence shall not apply if an amount equal to such nonqualified balance is distributed from such Account to the taxpayer before the due date (including extensions) for filing the return of tax imposed by this chapter for such year (or, if earlier, the date the taxpayer files such return for such year). ``(B) Nonqualified balance.--For purposes of subparagraph (A), the term `nonqualified balance' means any balance in the Account on the last day of the taxable year which is attributable to amounts deposited in such Account before the 9th preceding taxable year. ``(C) Ordering rule.--For purposes of this paragraph, distributions from a CFFR Account (other than distributions of current income) shall be treated as made from deposits in the order in which such deposits were made, beginning with the earliest deposits. ``(2) Cessation in eligible business.--At the close of the first disqualification period after a period for which the taxpayer was engaged in an eligible farming business or commercial fishing, there shall be deemed distributed from the CFFR Account of the taxpayer an amount equal to the balance in such Account (if any) at the close of such disqualification period. For purposes of the preceding sentence, the term `disqualification period' means any period of 3 consecutive taxable years for which the taxpayer is not engaged in an eligible farming business or commercial fishing. ``(3) Certain rules to apply.--Rules similar to the following rules shall apply for purposes of this section: ``(A) Section 220(f)(8) (relating to treatment on death). ``(B) Section 408(e)(2) (relating to loss of exemption of account where individual engages in prohibited transaction). ``(C) Section 408(e)(4) (relating to effect of pledging account as security). ``(D) Section 408(g) (relating to community property laws). ``(E) Section 408(h) (relating to custodial accounts). ``(4) Time when payments deemed made.--For purposes of this section, a taxpayer shall be deemed to have made a payment to a CFFR Account on the last day of a taxable year if such payment is made on account of such taxable year and is made on or before the due date (including extensions) for filing the return of tax for such taxable year. ``(5) Individual.--For purposes of this section, the term `individual' shall not include an estate or trust. ``(6) Deduction not allowed for self-employment tax.--The deduction allowable by reason of subsection (a) shall not be taken into account in determining an individual's net earnings from self-employment (within the meaning of section 1402(a)) for purposes of chapter 2. ``(g) Reports.--The trustee of a CFFR Account shall make such reports regarding such Account to the Secretary and to the person for whose benefit the Account is maintained with respect to contributions, distributions, and such other matters as the Secretary may require under regulations. The reports required by this subsection shall be filed at such time and in such manner and furnished to such persons at such time and in such manner as may be required by such regulations.''. (b) Tax on Excess Contributions.-- (1) Subsection (a) of section 4973 of such Code (relating to tax on excess contributions to certain tax-favored accounts and annuities) is amended by striking ``or'' at the end of paragraph (4), by inserting ``or'' at the end of paragraph (5), and by inserting after paragraph (5) the following: ``(6) a CFFR Account (within the meaning of section 468C(d)), or''. (2) Section 4973 of such Code is amended by adding at the end the following: ``(g) Excess Contributions to Farm Accounts.--For purposes of this section, in the case of a CFFR Account (within the meaning of section 468C(d)), the term `excess contributions' means the amount by which the amount contributed for the taxable year to the Account exceeds the amount which may be contributed to the Account under section 468C(b) for such taxable year. For purposes of this subsection, any contribution which is distributed out of the CFFR Account in a distribution to which section 468C(e)(2)(B) applies shall be treated as an amount not contributed.''. (3) The section heading for section 4973 of such Code is amended to read as follows: ``SEC. 4973. EXCESS CONTRIBUTIONS TO CERTAIN ACCOUNTS, ANNUITIES, ETC.''. (4) The table of sections for chapter 43 of such Code is amended by striking the item relating to section 4973 and inserting the following: ``Sec. 4973. Excess contributions to certain accounts, annuities, etc.''. (c) Tax on Prohibited Transactions.-- (1) Subsection (c) of section 4975 of such Code (relating to tax on prohibited transactions) is amended by adding at the end the following: ``(7) Special rule for farm accounts.--A person for whose benefit a CFFR Account (within the meaning of section 468C(d)) is established shall be exempt from the tax imposed by this section with respect to any transaction concerning such account (which would otherwise be taxable under this section) if, with respect to such transaction, the account ceases to be a CFFR Account by reason of the application of section 468C(f)(3)(B) to such account.''. (2) Paragraph (1) of section 4975(e) of such Code is amended by redesignating subparagraphs (F) and (G) as subparagraphs (G) and (H), respectively, and by inserting after subparagraph (E) the following: ``(F) a CFFR Account described in section 468C(d),''. (d) Failure To Provide Reports on Farm Accounts.--Paragraph (2) of section 6693(a) of such Code (relating to failure to provide reports on certain tax-favored accounts or annuities) is amended by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively, and by inserting after subparagraph (C) the following: ``(D) section 468C(g) (relating to CFFR Accounts),''. (e) Clerical Amendment.--The table of sections for subpart C of part II of subchapter E of chapter 1 of such Code is amended by inserting after the item relating to section 468B the following: ``Sec. 468C. Commercial fishing, farm, and ranch risk management accounts.''. (f) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Commercial Fishing, Farm, and Ranch Risk Management Act - Amends the Internal Revenue Code to establish a Commercial Fishing, Farm, and Ranch Risk Management Account (CFFR Account) to provide farmers and commercial fisherman with additional capital for investment and to protect against operating losses. Allows a tax deduction for cash contributions to a CFFR Account, limited to 20% of the taxpayer's taxable income attributable to an active farm or commercial fishing business. Imposes a 10% additional tax on amounts in a CFFR Account which are not distributed within 10 years after the establishment of such Account.

To amend the Internal Revenue Code of 1986 to provide for Commercial Fishing, Farm, and Ranch Risk Management Accounts, and for other purposes.

SECTION 1. FINDINGS. Congress finds the following: (1) The 50-mile Hanford Reach-- (A) is the last free-flowing nontidal segment of the Columbia River in the United States; and (B) has been preserved in a relatively natural condition because of its location within the Hanford Nuclear Reservation. (2) Public Law 100-605 (102 Stat. 3043) required an analysis of protection alternatives for the Hanford Reach and a report to Congress by the Secretary of the Interior, who concluded in the Hanford Reach Final Environmental Impact Statement dated June 1994 that the Hanford Reach should be designated as a recreational river under the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.). (3) The Hanford Reach is a vital migration corridor for anadromous fish and contains some of the most productive spawning areas in the Northwest United States, producing an estimated 80 percent of the Columbia Basin's fall chinook salmon and healthy runs of naturally spawning steelhead trout, sturgeon, and other highly valued fish species. (4) The Hanford Reach provides important habitat for wintering and migrating wildlife, including waterfowl, bald eagles, deer, elk, and numerous Federal and State-listed threatened and endangered plant and animal species, some of which are found nowhere else. (5) The shoreline area known as White Bluffs and the pristine conditions of the Hanford Reach offer scenic beauty and opportunities for solitude and recreation, including hunting, fishing, boating, hiking, swimming, and wildlife observation, in close proximity to the cites of Richland, Pasco, and Kennewick, Washington. (6) The Hanford Reach and its salmon runs have been important to mid-Columbia Native Americans for subsistence, cultural, and religious purposes for more than 10,000 years, and there are 150 registered archaeological sites in the area. (7) The southern shore of the Hanford Reach chronicles the history of-- (A) the Manhattan Project; (B) defense nuclear production during the cold war; and (C) early Euro-American settlement of the area. (8) The White Bluffs and adjacent shoreline areas are significant paleontological resources and rich with fossilized remains from the Pliocene period. (9) Protection of the Hanford Reach as a component of the national wild and scenic rivers system could enhance local revenues from outdoor recreation and increase economic investment in the cites of Richland, Pasco, and Kennewick, Washington, by highlighting the quality of life and natural amenities of the area. (10) Economic activities along the river corridor in existence on the date of enactment of this Act, such as agriculture, power production and transmission, and water withdrawal, are compatible with the designation of the Hanford Reach as a recreational river under the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.). (11) Designation of the Hanford Reach as a recreational river under such Act cannot be changed except by a subsequent Act of Congress. (12) Designation of the Hanford Reach as a recreational river under such Act can facilitate, and make less costly, the remediation of contaminated areas of the Hanford Nuclear Reservation by-- (A) establishing future land use within the river corridor; and (B) helping to ensure the Federal commitment to the cleanup of the Hanford Site. (13) The Hanford Reach has special significance as an outdoor laboratory and classroom and offers a singular opportunity for government agencies, Indian tribes, and community organizations to develop a partnership around an education and interpretation program focused on the area's unique natural and human history. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to protect the natural, cultural, scenic, and recreational resources of the Hanford Reach of the Columbia River by designating the Hanford Reach as a recreational river under the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.); (2) to encourage education and interpretation of the Hanford Reach; and (3) to protect the land adjacent to the Hanford Reach. SEC. 3. DESIGNATION OF THE HANFORD REACH OF THE COLUMBIA RIVER AS A RECREATIONAL RIVER UNDER THE WILD AND SCENIC RIVERS ACT. (a) Designation.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following: ``(160) Hanford Reach, Columbia River, Washington.--Subject to section 3A, the river segment from river mile 346.5 to river mile 396 of the Hanford Reach of the Columbia River, Washington, as a recreational river.''. (b) Special Requirements.--The Wild and Scenic Rivers Act is amended by inserting after section 3 (16 U.S.C. 1274) the following: ``SEC. 3A. SPECIAL REQUIREMENTS APPLICABLE TO HANFORD REACH, COLUMBIA RIVER, WASHINGTON. ``(a) Definition.--In this section, the term `Hanford Reach recreational river' means the river segment of the Hanford Reach of the Columbia River, Washington, designated as a recreational river by section 3(a)(160). ``(b) Management.--The Secretary of the Interior shall manage the Hanford Reach recreational river as a recreational river in accordance with this Act, the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.), and other applicable law. ``(c) Prohibition on Alteration of Designation.--Nothing in this Act or any other law authorizes the Secretary of the Interior or any other governmental officer to alter the designation of the Hanford Reach recreational river as a recreational river under this Act. ``(d) Management Plan Commission.-- ``(1) Membership.--There shall be a 15-member management commission for the Hanford Reach recreational river, which shall be comprised of representatives of each of the following: ``(A) The Department of the Interior, the Department of Commerce, and the Department of Energy. ``(B) The Department of Fish and Wildlife, the Department of Ecology, and the Department of Community, Trade, and Economic Development of the State of Washington. ``(C) The Washington counties of Benton, Franklin, and Grant. ``(D) Certain Indian tribes in the State of Washington, including the Umatilla Indian tribe, the Nez Perce Indian tribe, and the Yakama Nation. ``(E) Members of the public interested in conservation, recreation, and business. ``(2) Appointment.--Members of the management commission described in paragraph (1)(E) shall be-- ``(A) nominated by persons residing in the vicinity of the Hanford Reach recreational river; and ``(B) appointed by the Governor of Washington. ``(3) Supermajority requirement.--All Commission decisions shall be adopted with a vote of at least 10 of the members of the Commission. ``(e) Development of Management Plan.--The management commission shall be responsible for developing the management plan for the Hanford Reach recreational river. In developing and periodically revising the plan, the management commission shall-- ``(1) provide opportunity for public participation; ``(2) recognize recreation as an outstandingly remarkable value of the Hanford Reach recreational river and give recreation a high management priority, along with protection of natural, cultural, and scenic resources; ``(3) coordinate and cooperate with State, local, and tribal governments, public school districts, and other entities in the development and implementation of educational and interpretive programs related to the Hanford Reach recreational river; ``(4) determine how an educational and interpretive center for the Hanford Reach recreational river, with appropriate exhibit, conference, and support facilities, can be constructed or incorporated into a compatible community facility; and ``(5) determine how recreational tourism efforts associated with the Hanford Reach recreational river can be coordinated through a community-based visitor and convention bureau. ``(f) Prohibition on Inclusion of Privately Owned Land.-- ``(1) Prohibition.--Except as provided in paragraph (2), only public land adjacent to the Hanford Reach recreational river, and no privately owned land, may be included in the Hanford Reach recreational river. ``(2) Limited acquisition authority.--As part of the management plan for the Hanford Reach recreational river, the management commission shall develop a strategy for acquiring private land, by purchase, conservation easement, lease, or donation, from persons willing to convey private land in the area defined by the applicable environmental impact statement. ``(g) Relationship to Access Corridors.--Access corridors for the Hanford Reach recreational river in existence on the date of enactment of this section shall be retained. ``(h) Relationship to Other Laws and Authorities.--The designation of the Hanford Reach recreational river shall not-- ``(1) prohibit or approve relicensing of any hydroelectric facility by the Federal Energy Regulatory Commission; ``(2) affect any law, agreement, plan, or policy in effect on the date of enactment of this section regarding water rights or instream flows on the designated river segment; ``(3) prohibit the operation or maintenance of any energy, transmission, water intake, or water outfall facility in existence on the date of enactment of this section; ``(4) prohibit the modification, repair, or replacement of any energy, transmission, water intake, or water outfall facility so long as there is no substantial impact on the natural, cultural, or scenic resources of the Hanford Reach recreational river and adjacent land area; ``(5) establish or impose remediation requirements more restrictive than those that would apply but for the designation; ``(6) prohibit construction of temporary facilities necessary for the remediation and restoration of contaminated areas within the view shed of the Hanford Reach recreational river; or ``(7) relieve the Secretary of Energy from any obligation or other liability at the Hanford Nuclear Reservation under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), and other applicable law imposing any similar obligation or other liability on the Secretary of the Interior. ``(i) Rivershore Restoration and Enhancement.--The Secretary of the Army, acting through the Chief of Engineers of the Army Corps of Engineers, in cooperation and coordination with the heads of other relevant Federal agencies and State and local governments, shall develop a comprehensive plan of improvement for the levees and other rivershore areas downstream of the Hanford Reach recreational river in the vicinity of the cites of Richland, Pasco, and Kennewick, Washington, including-- ``(1) restoration and enhancement of fish and wildlife habitat; ``(2) recreation; ``(3) river access; and ``(4) overall aesthetics.''. (c) Existing Undesignated Paragraphs; Removal of Duplication.-- Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended-- (1) by striking the first undesignated paragraph after paragraph (156), relating to Elkhorn Creek, Oregon; and (2) by designating the three remaining undesignated paragraphs after paragraph (156) as paragraphs (157), (158), and (159), respectively. SEC. 4. CONSOLIDATION OF BUREAU OF LAND MANAGEMENT HOLDINGS, HANFORD NUCLEAR RESERVATION. (a) Study of Exchange Options.--The Secretary of the Interior and the Secretary of Energy shall-- (1) study the consolidation of parcels of land administered by the Bureau of Land Management on the Hanford Nuclear Reservation; and (2) prepare to exchange lands on completion of documents required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (b) Objectives.--The objectives of the land exchange under subsection (a) shall be-- (1) to clear title to parcels of land along the railroad in the southeast corner of the Hanford Nuclear Reservation and in the area known as the ``200 Area'' for industrial development; (2) to protect wildlife and native plants; and (3) to preserve cultural sites important to Native Americans.

Establishes a 15-member management commission to develop a management plan for the Hanford Reach recreational river. Excludes privately owned land from the river, including only adjacent public land. Directs the Secretary of the Army, acting through the Chief of Engineers of the Army Corps of Engineers, to develop a comprehensive plan of improvement for the levees and other rivershore areas downstream of the Hanford Reach recreational river in the vicinity of the cities of Richland, Pasco, and Kennewick, Washington. Directs the Secretaries of the Interior and of Energy to: (1) study the consolidation of parcels of land administered by the Bureau of Land Management on the Hanford Nuclear Reservation; and (2) prepare to exchange lands on completion of documents required under the National Environmental Policy Act of 1969.

A bill to amend the Wild and Scenic Rivers Act to designate a portion of the Columbia River as a recreational river, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Housing Assistance for Veterans Act of 2013'' or the ``HAVEN Act''. SEC. 2. PILOT PROGRAM TO REHABILITATE AND MODIFY HOMES OF DISABLED AND LOW-INCOME VETERANS. (a) Definitions.--In this section: (1) Disabled.--The term ``disabled'' means an individual with a disability, as defined by section 12102 of title 42, United States Code. (2) Eligible veteran.--The term ``eligible veteran'' means a disabled or low-income veteran. (3) Energy efficient features or equipment.--The term ``energy efficient features or equipment'' means features of, or equipment in, a primary residence that help reduce the amount of electricity used to heat, cool, or ventilate such residence, including insulation, weatherstripping, air sealing, heating system repairs, duct sealing, or other measures. (4) Low-income veteran.--The term ``low-income veteran'' means a veteran whose income does not exceed 80 percent of the median income for an area, as determined by the Secretary. (5) Nonprofit organization.--The term ``nonprofit organization'' means an organization that is-- (A) described in section 501(c)(3) or 501(c)(19) of the Internal Revenue Code of 1986; and (B) exempt from tax under section 501(a) of such Code. (6) Primary residence.-- (A) In general.--The term ``primary residence'' means a single family house, a duplex, or a unit within a multiple-dwelling structure that is the principal dwelling of an eligible veteran and is owned by such veteran or a family member of such veteran. (B) Family member defined.--For purposes of this paragraph, the term ``family member'' includes-- (i) a spouse, child, grandchild, parent, or sibling; (ii) a spouse of such a child, grandchild, parent, or sibling; or (iii) any individual related by blood or affinity whose close association with a veteran is the equivalent of a family relationship. (7) Qualified organization.--The term ``qualified organization'' means a nonprofit organization that provides nationwide or statewide programs that primarily serve veterans or low-income individuals. (8) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (9) Veteran.--The term ``veteran'' has the meaning given the term in section 101 of title 38, United States Code. (10) Veterans service organization.--The term ``veterans service organization'' means any organization recognized by the Secretary of Veterans Affairs for the representation of veterans under section 5902 of title 38, United States Code. (b) Establishment of a Pilot Program.-- (1) Grant.-- (A) In general.--The Secretary shall establish a pilot program to award grants to qualified organizations to rehabilitate and modify the primary residence of eligible veterans. (B) Coordination.--The Secretary shall work in conjunction with the Secretary of Veterans Affairs to establish and oversee the pilot program and to ensure that such program meets the needs of eligible veterans. (C) Maximum grant.--A grant award under the pilot program to any one qualified organization shall not exceed $1,000,000 in any one fiscal year, and such an award shall remain available until expended by such organization. (2) Application.-- (A) In general.--Each qualified organization that desires a grant under the pilot program shall submit an application to the Secretary at such time, in such manner, and, in addition to the information required under subparagraph (B), accompanied by such information as the Secretary may reasonably require. (B) Contents.--Each application submitted under subparagraph (A) shall include-- (i) a plan of action detailing outreach initiatives; (ii) the approximate number of veterans the qualified organization intends to serve using grant funds; (iii) a description of the type of work that will be conducted, such as interior home modifications, energy efficiency improvements, and other similar categories of work; and (iv) a plan for working with the Department of Veterans Affairs and veterans service organizations to identify veterans who are not eligible for programs under chapter 21 of title 38, United States Code, and meet their needs. (C) Preferences.--In awarding grants under the pilot program, the Secretary shall give preference to a qualified organization-- (i) with experience in providing housing rehabilitation and modification services for disabled veterans; or (ii) that proposes to provide housing rehabilitation and modification services for eligible veterans who live in rural, including tribal, areas (the Secretary, through regulations, shall define the term ``rural areas''). (3) Criteria.--In order to receive a grant award under the pilot program, a qualified organization shall meet the following criteria: (A) Demonstrate expertise in providing housing rehabilitation and modification services for disabled or low-income individuals for the purpose of making the homes of such individuals accessible, functional, and safe for such individuals. (B) Have established outreach initiatives that-- (i) would engage eligible veterans and veterans service organizations in projects utilizing grant funds under the pilot program; (ii) ensure veterans who are disabled receive preference in selection for assistance under this program; and (iii) identify eligible veterans and their families and enlist veterans involved in skilled trades, such as carpentry, roofing, plumbing, or HVAC work. (C) Have an established nationwide or statewide network of affiliates that are-- (i) nonprofit organizations; and (ii) able to provide housing rehabilitation and modification services for eligible veterans. (D) Have experience in successfully carrying out the accountability and reporting requirements involved in the proper administration of grant funds, including funds provided by private entities or Federal, State, or local government entities. (4) Use of funds.--A grant award under the pilot program shall be used-- (A) to modify and rehabilitate the primary residence of an eligible veteran, and may include-- (i) installing wheelchair ramps, widening exterior and interior doors, reconfigurating and re-equipping bathrooms (which includes installing new fixtures and grab bars), removing doorway thresholds, installing special lighting, adding additional electrical outlets and electrical service, and installing appropriate floor coverings to-- (I) accommodate the functional limitations that result from having a disability; or (II) if such residence does not have modifications necessary to reduce the chances that an elderly, but not disabled person, will fall in their home, reduce the risks of such an elderly person from falling; (ii) rehabilitating such residence that is in a state of interior or exterior disrepair; and (iii) installing energy efficient features or equipment if-- (I) an eligible veteran's monthly utility costs for such residence is more than 5 percent of such veteran's monthly income; and (II) an energy audit of such residence indicates that the installation of energy efficient features or equipment will reduce such costs by 10 percent or more; and (B) in connection with modification and rehabilitation services provided under the pilot program, to provide technical, administrative, and training support to an affiliate of a qualified organization receiving a grant under such pilot program. (5) Oversight.--The Secretary shall direct the oversight of the grant funds for the pilot program so that such funds are used efficiently until expended to fulfill the purpose of addressing the adaptive housing needs of eligible veterans. (6) Matching funds.-- (A) In general.--A qualified organization receiving a grant under the pilot program shall contribute towards the housing modification and rehabilitation services provided to eligible veterans an amount equal to not less than 50 percent of the grant award received by such organization. (B) In-kind contributions.--In order to meet the requirement under subparagraph (A), such organization may arrange for in-kind contributions. (7) Limitation cost to the veterans.--A qualified organization receiving a grant under the pilot program shall modify or rehabilitate the primary residence of an eligible veteran at no cost to such veteran (including application fees) or at a cost such that such veteran pays no more than 30 percent of his or her income in housing costs during any month. (8) Reports.-- (A) Annual report.--The Secretary shall submit to Congress, on an annual basis, a report that provides, with respect to the year for which such report is written-- (i) the number of eligible veterans provided assistance under the pilot program; (ii) the socioeconomic characteristics of such veterans, including their gender, age, race, and ethnicity; (iii) the total number, types, and locations of entities contracted under such program to administer the grant funding; (iv) the amount of matching funds and in- kind contributions raised with each grant; (v) a description of the housing rehabilitation and modification services provided, costs saved, and actions taken under such program; (vi) a description of the outreach initiatives implemented by the Secretary to educate the general public and eligible entities about such program; (vii) a description of the outreach initiatives instituted by grant recipients to engage eligible veterans and veteran service organizations in projects utilizing grant funds under such program; (viii) a description of the outreach initiatives instituted by grant recipients to identify eligible veterans and their families; and (ix) any other information that the Secretary considers relevant in assessing such program. (B) Final report.--Not later than 6 months after the completion of the pilot program, the Secretary shall submit to Congress a report that provides such information that the Secretary considers relevant in assessing the pilot program. (C) Inspector general report.--Not later than March 31, 2019, the Inspector General of the Department of Housing and Urban Development shall submit to the Chairmen and Ranking Members of the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report containing a review of-- (i) the use of appropriated funds by the Secretary and by grantees under the pilot program; and (ii) oversight and accountability of grantees under the pilot program. (9) Authorization of appropriations.--There are authorized to be appropriated for carrying out this section $4,000,000 for each of fiscal years 2015 through 2019.

Housing Assistance for Veterans Act of 2013 or HAVEN Act - Directs the Secretary of Housing and Urban Development (HUD) to establish a pilot program to award grants to nonprofit organizations that primarily serve veterans or low-income individuals. Requires such grants to be used to rehabilitate and modify the primary residence of disabled or low-income veterans (at a specified limited or no cost to such veterans). Limits grant amounts to $1 million per organization. Requires the Secretary to direct the oversight of grant fund use. Requires a minimum of 50% matching funds by participating organizations. Requires the Inspector General of HUD to review and report to the Chairmen of specified congressional committees on: (1) the use of appropriated funds by HUD and by grantees under the pilot program, and (2) oversight and accountability of such grantees.

HAVEN Act

SECTION 1. EXPANSION OF REQUIREMENTS FOR REISSUANCE OF VETERANS BENEFITS IN CASES OF MISUSE OF BENEFITS BY CERTAIN FIDUCIARIES TO INCLUDE MISUSE BY ALL FIDUCIARIES. Section 6107 of title 38, United States Code, is amended-- (1) by striking subsections (a) and (b) and inserting the following new subsection (a): ``(a) Reissuance of Misused Benefits.--(1) In any case in which a fiduciary misuses all or part of an individual's benefit paid to such fiduciary, the Secretary shall pay to the beneficiary or the beneficiary's successor fiduciary an amount equal to the amount of such benefit so misused. ``(2) In any case in which the Secretary obtains recoupment from a fiduciary who has misused benefits, the Secretary shall promptly remit payment of the recouped amounts to the beneficiary or the beneficiary's successor fiduciary as the case may be to the extent that such amounts have not been reissued under paragraph (1).''; (2) in subsection (d), by striking ``or (b)''; and (3) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively. SEC. 2. IMPROVED ACCESS TO FINANCIAL RECORDS FOR PURPOSES OF OVERSIGHT BY DEPARTMENT OF VETERANS AFFAIRS OF FIDUCIARIES. Section 5502 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(f)(1) The Secretary shall require any person or entity appointed or recognized as a fiduciary for a Department beneficiary under this section to provide authorization for the Secretary to obtain (subject to the cost reimbursement requirements of section 1115(a) of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3415(a))) from any financial institution any financial record held by the institution with respect to the fiduciary or the beneficiary whenever the Secretary determines that the financial record is necessary-- ``(A) for the administration of a program administered by the Secretary; or ``(B) in order to safeguard the beneficiary's benefits against neglect, misappropriation, misuse, embezzlement, or fraud. ``(2) Notwithstanding section 1104(a)(1) of such Act (12 U.S.C. 3404(a)(1)), an authorization provided by a fiduciary under paragraph (1) with respect to a beneficiary shall be a one-time authorization that will remain in effect until the date that is two years after the date of the approval by a court or the Secretary of a final accounting of payment of benefits under any law administered by the Secretary to the fiduciary on behalf of such beneficiary. ``(3) The authorization provided by the fiduciary under paragraph (1) shall be a condition of appointment as a fiduciary. ``(4)(A) An authorization obtained by the Secretary pursuant to this subsection shall be considered to meet the requirements of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3401 et seq.) for purposes of section 1103(a) of such Act (12 U.S.C. 3403(a)) and need not be furnished by the fiduciary to the financial institution, notwithstanding section 1104(a)(1) of such Act (12 U.S.C. 3404(a)(1)), if the Secretary provides a copy of the authorization to the financial institution. ``(B) The certification requirements of section 1103(b) of such Act (12 U.S.C. 3403(b)) shall not apply to requests by the Secretary pursuant to an authorization provided under this subsection. ``(C) A request for a financial record by the Secretary pursuant to an authorization provided by a fiduciary under this subsection is deemed to meet the requirements of section 1104(a)(3) of such Act (12 U.S.C. 3404(a)(3)) and the matter in section 1102 of such Act (12 U.S.C. 3402) that precedes paragraph (1) of such section if such request identifies the fiduciary and the beneficiary concerned. ``(D) The Secretary shall inform any person or entity who provides authorization under this subsection of the duration and scope of the authorization. ``(E)(i) If a fiduciary of a Department beneficiary refuses to provide or revokes any authorization to permit the Secretary to obtain from any financial institution any financial record concerning benefits paid by the Secretary for such beneficiary, the Secretary may, on that basis, revoke the appointment or the recognition of the fiduciary for such beneficiary and for any other Department beneficiary for whom such fiduciary has been appointed or recognized. ``(ii) If an appointment or recognition of a fiduciary is revoked under clause (i), benefits may be paid as provided in subsection (d). ``(5) For purposes of section 1113(d) of such Act (12 U.S.C. 3413(d)), a disclosure pursuant to this subsection shall be considered a disclosure pursuant to a Federal statute. ``(6) In this subsection: ``(A) The term `fiduciary' includes any person or State or local governmental entity appointed or recognized to receive payment of benefits under any law administered by the Secretary on behalf of a Department beneficiary. ``(B) The term `financial institution' has the meaning given such term in section 1101 of such Act (12 U.S.C. 3401), except that such term shall also include any benefit association, insurance company, safe deposit company, money market mutual fund, or similar entity authorized to do business in any State. ``(C) The term `financial record' has the meaning given to such term in such section.''.

This bill authorizes the Department of Veterans Affairs (VA) to reissue veterans benefits to a beneficiary in all cases of fiduciary misuse. The VA shall pay the beneficiary or the successor fiduciary an amount equal to the misused benefits. VA access to fiduciary-held financial accounts shall be increased by requiring any fiduciary to authorize the VA to obtain any financial record held by an institution regarding the fiduciary or the beneficiary whenever the VA determines that such record is necessary: for the administration of a VA program; or to safeguard the beneficiary's benefits against neglect, misappropriation, embezzlement, or fraud.

A bill to amend title 38, United States Code, to expand the requirements for reissuance of veterans benefits in cases of misuse of benefits by certain fiduciaries to include misuse by all fiduciaries, and to improve oversight of fiduciaries, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Care Public-Private Partnership Act of 2012''. SEC. 2. ESTABLISHMENT OF BUSINESS INCENTIVE GRANT PROGRAM. The Secretary of Health and Human Services shall establish a program to make grants to-- (1) States, on a competitive basis, to enable eligible businesses and consortia in the States to carry out the activities described in section 4; and (2) nonprofit business organizations with expertise in management issues concerning operating a high-quality child care center, to provide technical information and assistance to enable businesses to provide child care services. SEC. 3. APPLICATIONS FROM STATES AND NONPROFIT BUSINESS ORGANIZATIONS. (a) In General.--To be eligible to receive a grant under section 2, a State or nonprofit business organization shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may require. (b) Contents.--At a minimum, an application submitted under subsection (a) by a nonprofit business organization shall contain-- (1) an assurance that, with respect to the costs to be incurred by the applicant in carrying out the purposes for which the grant is made, the applicant will make available State or other non-Federal early childhood contributions (such as contributions for child care, Head Start, State prekindergarten, and early intervention programs), in an amount equal to not less than $1 for every $1 of Federal funds provided under the grant; (2) an assurance that such applicant will expend the grant funds for the use specified in section 2(2); (3) an assurance that such applicant will employ strategies to ensure that child care services, provided with the technical information and assistance made available by such applicant, are provided at affordable costs, and on an equitable basis, to low- and moderate-income employees; (4) an assurance that such applicant will employ procedures to ensure that technical information and assistance provided under this Act by such applicant will be provided only to businesses that provide child care services in compliance with all State and local licensing and regulatory requirements applicable to child care providers in such State; and (5) an assurance that such applicant will employ procedures to ensure such information and assistance will be provided only to businesses located in an area without an adequate supply of licensed and regulated (as applicable) child care providers. (c) Priority.--For purposes of selecting applicants to receive grants under section 2, to the extent practicable, the Secretary shall-- (1) make grants equitably under section 2 to applicants located in all geographical regions of the United States; and (2) give priority to applicants for grants under section 2(1). SEC. 4. GRANTS TO BUSINESSES AND CONSORTIA. A State that receives a grant under section 2 shall use the grant funds to make grants, on a competitive basis, to eligible businesses or consortia in the State in order to enable the businesses and consortia-- (1) to pay start-up costs incurred to provide child care services; (2) to provide for assistance for the costs of child care services needed by the employees of such businesses and consortia; and (3) to pay for training and professional development for staff that provide child care services. SEC. 5. APPLICATIONS FROM BUSINESSES AND CONSORTIA. (a) In General.--To be eligible to receive a grant under section 4, a business or consortium shall submit an application to the State at such time, in such form, and containing such information as the State may require. (b) Contents.--At a minimum, such application shall contain-- (1) an assurance that, with respect to the costs to be incurred by the applicant in carrying out the purposes for which the grant is made, the applicant will make available State or other non-Federal early childhood contributions (such as contributions for child care, Head Start, State prekindergarten, and early intervention programs), in an amount equal to not less than $1 for every $1 of Federal funds provided under the grant; (2) an assurance that such applicant will expend the grant funds for the use specified in section 2(1); (3) an assurance that such applicant will employ strategies to ensure that child care services, provided by such applicant, are provided at affordable costs, and on an equitable basis, to low- and moderate-income employees; (4) an assurance that such applicant will comply with all State and local child care licensing and regulatory requirements that are applicable to the applicant; and (5) information demonstrating that the applicant is located in an area without an adequate supply of licensed and regulated (as applicable) child care providers. (c) Priority.--For purposes of selecting applicants to receive grants under section 4, the State shall give priority to businesses that have fewer than 100 full-time employees. SEC. 6. DEFINITIONS. As used in this Act: (1) Business.--The term ``business'' means a person engaged in commerce whose primary activity is an activity other than the provision of 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 in which the site is located; and (B) subsidized at least in part by the business that employs such parent. (3) Consortium.--The term ``consortium'' means a partnership-- (A) that shall include 2 or more businesses, acting jointly; and (B) shall include a nonprofit private organization with expertise in the provision of high-quality child care services. (4) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $25,000,000 for each of fiscal years 2013 through 2015.

Child Care Public-Private Partnership Act of 2012 - Directs the Secretary of Health and Human Services (HHS) to establish a business-incentive grant program to provide child care through public-private partnerships. Requires the Secretary to make such grants to: (1) states, on a competitive basis, to enable businesses and consortia to carry out certain activities; and (2) nonprofit business organizations with expertise in management issues of a high-quality child care center to provide technical information and assistance to enable businesses to provide child care services. Specifies that grants to businesses and consortia are meant to enable them to: (1) pay start-up costs incurred to provide child care services, (2) assist with the costs of child care services needed by their employees, and (3) pay for training and professional development for staff that provide child care services. Gives priority in grant selection to businesses with fewer than 100 full-time employees.

A bill to establish a program to provide child care through public-private partnerships.

SECTION 1. LEASES, EASEMENTS, AND RIGHTS-OF-WAY ON THE OUTER CONTINENTAL SHELF. Section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) is amended by adding at the end the following: ``(q) Royalty Suspension Provisions.-- ``(1) In general.--Subject to paragraphs (2) through (4), the Secretary shall agree to a request by any lessee to amend any lease issued as a result of a Central or Western Gulf of Mexico lease sale held during the period beginning on January 1, 1998, and ending on December 31, 1999, to incorporate price thresholds applicable to royalty suspension provisions in the amount of $34.73 per barrel (2005 dollars) for oil and for natural gas of $4.34 per million Btu (2005 dollars). ``(2) Adjustment.--The oil and natural gas price thresholds established under paragraph (1) shall be adjusted during any calendar year after 2005 by the percentage, if any, by which the implicit price deflator for the gross domestic product as computed and published by the Department of Commerce changed during the preceding calendar year. ``(3) New royalty suspension volumes.--After the date of enactment of this subsection, price thresholds shall apply to any royalty suspension volumes granted by the Secretary. ``(4) Effective date.--Any amended lease shall impose the new price thresholds effective beginning October 1, 2006. ``(r) Conservation of Resources Fees.-- ``(1) In general.--Not later than 1 year after the date of enactment of this subsection, the Secretary shall establish, by regulation, a conservation of resources fee for producing leases that will apply to new and existing leases which shall be established at $9 per barrel for oil and $1.25 per million Btu for gas (2006 dollars). ``(2) Covered areas.--The fee shall only apply to leases issued with deep water royalty relief for which royalties are not being paid when prices exceed $34.73 per barrel for oil and $4.34 per million Btu for natural gas (2005 dollars). ``(3) Effective date.--A fee imposed under this subsection shall apply to production that occurs on or after October 1, 2006.''. SEC. 2. COASTAL IMPACT ASSISTANCE PROGRAM. Section 31(b) of the Outer Continental Shelf Lands Act (43 U.S.C. 1356a(b)) is amended-- (1) in paragraph (1)-- (A) by striking ``The'' and inserting the following: ``(A) Fiscal years 2007 through 2010.--The''; and (B) by adding at the end the following: ``(B) Certain royalty revenues.--Notwithstanding section 9, of the amount of any royalty revenues payable to the United States from any lease issued with deep water royalty relief as the result of a Central or Western Gulf of Mexico lease sale held during the period beginning on January 1, 1998, and ending on December 31, 1999, the Secretary of the Treasury shall deposit-- ``(i) the amount of the royalty revenues in a special account in the Treasury, to be available to the Secretary of the Interior, without further appropriation, for each of fiscal years 2007 through 2016, for disbursement to Gulf producing States and coastal political subdivisions in accordance with this section, except that the amount made available under this clause shall not exceed a total of $5,450,000,000; and ``(ii) any remainder of the royalty revenues in the general fund of the Treasury, to be used for deficit reduction.''; and (2) in paragraph (3)(B)-- (A) in clause (i), by striking ``and'' after the semicolon at the end; (B) in clause (ii), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(iii) the amount of qualified outer Continental Shelf revenues for each of fiscal years 2011 through 2016 shall be determined using qualified outer Continental Shelf revenues received for fiscal year 2010.''. SEC. 3. SENSE OF THE CONGRESS TO BUY AND BUILD AMERICAN. (a) Buy and Build American.--It is the intention of the Congress that this Act, among other things, result in a healthy and growing American industrial, manufacturing, transportation, and service sector employing the vast talents of America's workforce to assist in the development of affordable energy from the Outer Continental Shelf. Moreover, the Congress intends to monitor the deployment of personnel and material in the Outer Continental Shelf to encourage the development of American technology and manufacturing to enable United States workers to benefit from this Act by good jobs and careers, as well as the establishment of important industrial facilities to support expanded access to American resources. (b) Safeguard for Extraordinary Ability.--Section 30(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1356(a)) is amended in the matter preceding paragraph (1) by striking ``regulations which'' and inserting ``regulations that shall be supplemental and complimentary with and under no circumstances a substitution for the provisions of the Constitution and laws of the United States extended to the subsoil and seabed of the outer Continental Shelf pursuant to section 4(a)(1) of this Act, except insofar as such laws would otherwise apply to individuals who have extraordinary ability in the sciences, arts, education, or business, which has been demonstrated by sustained national or international acclaim, and that''.

Amends the Outer Continental Shelf Lands Act to instruct the Secretary of the Interior to agree to any lessee request to amend any lease issued as a result of a Central or Western Gulf of Mexico lease sale held between January 1, 1998, and December 31, 1999, to incorporate price thresholds applicable to certain royalty suspension provisions in the amount of $34.73 per barrel (2005 dollars) for oil and of $4.34 per million Btu (2005 dollars) for natural gas, adjusted for changes in the implicit price deflator. Directs the Secretary to establish a conservation of resources fee for producing leases at $9 per barrel for oil and $1.25 per million Btu for gas (2006 dollars). Applies such fee only to leases issued with deep water royalty relief for which royalties are not being paid when prices exceed specified amounts per barrel. Instructs the Secretary of the Treasury to deposit the royalty revenues in the Treasury, to be available to the Secretary of the Interior, without further appropriation, for FY2007-FY2016, for disbursement to Gulf producing states and coastal political subdivisions. Expresses the intent of Congress: (1) that this Act result in a healthy and growing American industrial, manufacturing, transportation, and service sector employing America's workforce in the development of affordable energy from the OCS; and (2) to OCS monitor deployment of personnel and material to encourage development of American technology and manufacturing, as well as the establishment of important industrial facilities to support expanded access to American resources.

To promote the fair production of oil and gas on the Outer Continental Shelf.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Protection Improvements and Electronic Life and Safety Security Systems Act of 2013''. SEC. 2. FINDINGS. Congress finds the following: (1) The Integrated Automated Fingerprint Identification System of the Federal Bureau of Investigation maintains fingerprints and criminal history records on more than 71,000,000 individuals. (2) Congress has worked with the States to make criminal history background checks available to organizations seeking to screen employees and volunteers who work with children, the elderly, and individuals with disabilities, through the National Child Protection Act of 1993 (42 U.S.C. 5119 et seq.), the Volunteers for Children Act (Public Law 105-251; 112 Stat. 1885), the Serve America Act (Public Law 111-13; 123 Stat. 1460), the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109-248; 120 Stat. 587), and statutes enacted by 48 states in compliance with Public Law 92-544. However, there may still be persons providing care and services to children who fall outside these numerous and broad categories of criminal history background checks authorized by Federal and State law. (3) The electronic life safety and security systems industry provides commercial buildings, public agencies and private residences with alarm, security and central monitoring systems to help prevent crime. These systems may be installed by individual employer-owned companies and other private sector businesses. (4) Although 18 States currently have legislation, enacted under Public Law 92-544, to authorize criminal history background checks on individuals in burglar alarm installation and related professions, most States do not require a criminal history background check. To protect lives and property, individuals in the electronic life safety and security systems industry should undergo a State and national criminal history background check. SEC. 3. BACKGROUND CHECKS. The National Child Protection Act of 1993 (42 U.S.C. 5119 et seq.) is amended-- (1) by redesignating section 5 as section 6; and (2) by inserting after section 4 the following: ``SEC. 5. PROGRAM FOR NATIONAL CRIMINAL HISTORY BACKGROUND CHECKS. ``(a) Definitions.--In this section-- ``(1) the term `background check designee' means the entity designated by the Attorney General under subsection (b)(3) to carry out the duties described in subsection (c); ``(2) the term `covered entity' means any business or organization that provides, or licenses, certifies, or coordinates individuals or organizations to provide, care, care placement, supervision, treatment, education, training, instruction, or recreation to children; ``(3) the term `covered individual' means an individual-- ``(A) who has, seeks to have, or may have unsupervised access to vulnerable populations served by a covered entity; ``(B) who-- ``(i) is employed by or volunteers with, or seeks to be employed by or volunteer with, a covered entity; or ``(ii) owns or operates, or seeks to own or operate, a covered entity; or ``(C) who is an employer or employee in the electronic life and safety security systems industry; ``(4) the term `criminal history review designee' means the entity designated by the Attorney General under subsection (b)(2) to carry out the criminal history review program; ``(5) the term `criminal history review program' means the program established under subsection (d); ``(6) the term `electronic life safety and security systems industry' means employers and employees in businesses that provide installation and central monitoring of fire and burglar alarm systems to public or private entities, including fire alarms, burglar alarms, closed-circuit television, biometric systems, access control systems, personal emergency response systems, and other crime prevention systems; ``(7) the term `qualified State program' means a program of a State authorized agency that provides access to national criminal history background checks, as authorized by Federal or State law; ``(8) the term `State' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau; and ``(9) the term `vulnerable populations' shall include elderly persons, disabled persons, and children. ``(b) Establishment of Program.-- ``(1) Purpose.--The purpose of this subsection is to facilitate widespread access to State and national criminal history background checks, not otherwise authorized by Federal or State law, on covered individuals and on employers and employees in the electronic life safety and security systems industry. ``(2) In general.--Not later than 1 year after the date of enactment of the Child Protection Improvements and Electronic Life and Safety Security Systems Act of 2013, the Attorney General shall establish-- ``(A) policies and procedures to carry out the duties described in subsection (c); and ``(B) a criminal history review program in accordance with subsection (d). ``(3) Designees.--The Attorney General may designate 1 or more Federal Government agencies to carry out the duties described in subsection (c). ``(c) Access to State and National Background Checks.-- ``(1) Duties.--The Attorney General shall-- ``(A) inform covered entities and covered individuals about how to request State and national background checks-- ``(i) for covered entities and covered individuals located in a State with a qualified State program, by referring the covered entity or covered individual to the State authorized agency; or ``(ii) for covered entities and covered individuals located in a State without a qualified State program, by providing information on alternative methods of obtaining a State and national background check; ``(B) complete a check of the national criminal history background check system; and ``(C) provide information received in response to such national criminal history background check to the criminal history review designee. ``(2) Required information.--A request for a State and national criminal history background check shall include-- ``(A) the fingerprints of the covered individual; ``(B) other documents required by State law for a State criminal history background check; and ``(C) the appropriate fee. ``(3) Fees.--The Attorney General shall, in addition to the fee for the noncriminal justice national criminal history background check authorized under section 534 of title 28, United States Code-- ``(A) collect a fee to offset the costs of carrying out the duties described in subsection (d), in an amount equal to the cost of conducting the criminal history review; and ``(B) remit such fee to the Federal Bureau of Investigation. ``(d) Criminal History Review Program.-- ``(1) Purpose.--The purpose of this subsection is to provide covered entities with reliable and accurate information regarding the fitness of the covered individuals to have responsibility for the safety and well-being of vulnerable populations in their care, or for the installation and central monitoring of fire and burglar alarm systems. ``(2) Requirements.--The Attorney General or designee shall-- ``(A) establish procedures to securely receive criminal history records; ``(B) make determinations regarding whether the criminal history records received in response to a criminal history background check conducted under this section indicate that the covered individual has a criminal history that may bear on the covered individual's fitness to provide care to vulnerable populations or to install and monitor fire and burglar alarm systems; ``(C) convey to the covered entity that submitted the request for a State and national criminal history background check-- ``(i) the fitness and suitability of the covered individual based solely on the criteria described in paragraph (3); and ``(ii) instructions and guidance that the covered entity should consult the Equal Employment Opportunity Commission Enforcement Guidance #915.002, dated April 25, 2012, `Consideration of Arrest and Conviction Records in Employment Decisions under Title VII of the Civil Rights Act of 1964', or any successor thereto, issued by the United States Equal Employment Opportunity Commission. ``(3) Criminal history review criteria.--In determining whether a criminal history record indicates that a covered individual has a criminal history that may bear on the fitness of the covered individual to provide care to vulnerable populations or to install and monitor fire and burglar alarm systems, the Attorney General or designee shall employ the criteria used to evaluate individuals under other Federal laws, such as the Volunteers for Children Act (Public Law 105-251; 112 Stat. 1885), the Serve America Act (Public Law 111-13; 123 Stat. 1460), and the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109-248; 120 Stat. 587). ``(4) Application processing.-- ``(A) In general.--The Attorney General shall establish the process by which a covered entity or a covered individual in a State without a qualified State program may obtain a State and national criminal history background check. ``(B) Challenge to completeness of record.--A covered individual may challenge the completeness of any information in the criminal history record of the individual by contacting the Federal Bureau of Investigations under the procedure set out in section 16.34 of title 28, Code of Federal Regulations, or any successor thereto. ``(5) Participation in program.--The Attorney General or designee shall determine whether an entity is a covered entity. ``(6) Privacy of information.-- ``(A) In general.--Any entity authorized to receive or transmit fingerprints or criminal history records under this section-- ``(i) shall use the fingerprints, criminal history records, or information in the criminal history records only for the purposes specifically set forth in this section; and ``(ii) shall maintain adequate security measures to ensure the confidentiality of the fingerprints, the criminal history records, and the information in the criminal history records. ``(B) Retention of fingerprints by the fbi.--In accordance with State or Federal procedures, for the purpose of providing fingerprint verification, criminal investigation or subsequent hit notification services, or for the retention of criminal history, the Federal Bureau of Investigation may retain any fingerprints submitted to the Federal Bureau of Investigation under this section. ``(7) Rule of construction.--Nothing in this subsection shall be construed to change or replace any background check program authorized by Federal or State law on the day before the date of enactment of the Child Protection Improvements and Electronic Life and Safety Security Systems Act of 2013.''.

Child Protection Improvements and Electronic Life and Safety Security Systems Act of 2013 - Amends the National Child Protection Act of 1993 to direct the Attorney General to: (1) establish policies and procedures to streamline the process of obtaining state and national criminal history background checks on covered individuals, and (2) establish a criminal history review program to provide covered entities with reliable and accurate information on the criminal history of a covered individual. Defines "covered entity" as any business or organization that provides, or licenses, certifies, or coordinates individuals or organizations to provide, care, care placement, supervision, treatment, education, training, instruction, or recreation to children. Defines "covered individual" as an individual who: (1) has, seeks to have, or may have unsupervised access to vulnerable populations (i.e., elderly, disabled, and children) served by a covered entity; (2) is employed by or volunteers with, or seeks to be employed by or volunteer with, a covered entity; (3) owns or operates, or seeks to own or operate, a covered entity; or (4) is an employer or employee in the electronic life and safety security systems industry.

Child Protection Improvements and Electronic Life and Safety Security Systems Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Saving Humanities, Arts, and Resources for Education Networking Act of 2000'' (SHARE Net Act). SEC. 2. SENSE OF CONGRESS. (a) Findings.--Congress makes the following findings: (1) The Morrill Acts enacted in 1862 and 1890 brought about a significant change in the system of education in the United States by providing for the sale of public lands in the West and the dedication of the proceeds of those sales to funding the establishment of practical, accessible land grant colleges and universities in States across the Nation. (2) The land grant colleges and universities have a focus on research, teaching, and outreach, and continue to this day to be leaders in higher education by providing affordable access to high-quality postsecondary education. (3) The land grant colleges and universities also have emerged as one of the greatest sources of advanced research that leverages the United States economy and powers the United States global competitiveness. (4) The land grant colleges and universities, in conjunction with the Cooperative State Research, Education, and Extension Service, serve to disseminate information learned from research and link research activities to larger societal needs. (5) The potential of advanced Internet, digital spectrum, and other telecommunications technologies to increase the quality and reach of educational resources has barely been tapped. (6) Numerous local and regional educational and community organizations are repositories of knowledge, information, and educational resources and programs that, in terms of accessibility to the potential beneficiaries, are fragmented and uncoordinated. (7) The Telecommunications Act of 1996 and the Balanced Budget Act of 1997 established a framework for the transition from analog to digital television and for the auction of publicly-owned analog spectrum. (8) The auction of the analog spectrum is expected to yield over $6,000,000,000 in revenues for the Treasury of the United States. (9) The analog spectrum, as a valuable, publicly-owned asset, is today's equivalent of the public lands of the western frontier of a century ago. (b) Sense of Congress.--It is the sense of Congress that, following the principle of the Morrill Acts that public assets be used for broadening public education, the resources available through the auction of the analog spectrum should be tapped to fund the development of a new educational and cultural infrastructure that utilizes today's technologies to expand the reach and impact of existing high-quality community educational resources. SEC. 3. GRANT PROGRAM. (a) Authority.-- (1) In general.--The Secretary of Education may carry out a grant program to support efforts to achieve the goal set forth in subsection (b). (2) Designation.--A grant awarded under this section shall be known as a ``SHARE Net Grant''. (b) Goal.--The goal referred to in subsection (a)(1) is to develop a comprehensive, accessible, high-tech infrastructure of educational and cultural resources for non-profit institutions, individuals, and others for educational purposes through a systematic effort to coordinate, link, and enhance existing specialized resources and expertise in public and private cultural and educational institutions. (c) Eligible Recipients.--Under the grant program the Secretary may award a grant to any consortium (hereafter in this section referred to as a ``partnership'') consisting of not less than 3 organizations from not less than 3 of the following categories of organizations: (1) Institutions of a higher education. (2) Libraries. (3) Public radio and television stations. (4) Museums. (5) Arts and cultural institutions. (6) State educational agencies. (7) Local educational agencies. (8) Public interest, not-for-profit organizations. (d) Use of Grant Funds.-- (1) Mandatory.--A partnership awarded a grant under this section shall use the grant funds for the following purposes: (A) Efforts to achieve goal.--To support the efforts of the partnership to achieve the goal described in subsection (b). (B) Survey of available resources.--To survey and catalogue the educational resources of participants in the partnership and other institutions in the community to determine the breadth, quality, and accessibility of the resources. (C) Technological linkage.--To link the resources of the participants and others to each other and to the larger community through technology. (D) Strengthening of resources.--To improve the quality of and develop new educational programming to address deficiencies in the available resources. (E) Increased access to resources.--To broaden access to the available resources. (2) Permissive.--A partnership awarded a grant under this section may use the grant funds to provide for cooperative programs with educational institutions to offer-- (A) high-quality professional development and training in elementary and secondary education; or (B) courses leading to a postsecondary degree. (e) Application for Grant.--Each partnership desiring a grant under this section shall submit an application to the Secretary of Education in such form and containing such information as the Secretary may require. Each such application shall include the following: (1) Survey of available resources.--A description of how the partnership will survey the educational resources of the participants in the partnership and others in relation to the goal described in subsection (b). (2) Technological linkage.--A description of how the partnership will link the resources of the participants and others to each other and to the larger community through technology. (3) Enhancement of resources.--A description of how the efforts of the partnership will enhance the quality and interactivity of the resources. (4) Additional educational programming.--A description of how the partnership will develop any additional educational programming determined to be necessary. (5) Outreach.--A description of how the partnership will reach out to the larger community, other cultural institutions, elementary schools, secondary schools, postsecondary educational institutions, and the public to recruit their participation and active involvement in the system developed in order to coordinate, link, and enhance, through technology, existing specialized resources and expertise in public and private cultural and educational institutions. (f) Matching Requirement.--Each partnership receiving a grant under this section shall provide matching funds, in an amount equal to 50 percent of the amount received under the grant, to support the costs of activities assisted under the grant. (g) Priority.--In awarding grants under this section the Secretary of Education shall give priority to a partnership-- (1) that serves a low-income community; or (2) with a membership that is broadly representative of the region or State to be served under the grant. (h) Geographic Diversity.--To the extent practicable, the Secretary of Education shall ensure that grants under this section are awarded to partnerships serving different geographic areas of the United States. (i) Authorization of Appropriations.--There are authorized to be appropriated to the Department of Education to carry out this section $1,200,000,000 for fiscal year 2001 and such sums as may be necessary for each of the 4 succeeding fiscal years.

Authorizes the Secretary of Education to carry out a SHARE Net Grant program to develop a comprehensive, accessible, high-tech infrastructure of educational and cultural resources for nonprofit institutions, individuals, and others for educational purposes through a systematic effort to coordinate, link, and enhance existing specialized resources and expertise in public and private cultural and educational institutions. Allows such grants to be made to partnerships with at least three organizations from at least three of these categories: (1) institutions of a higher education; (2) libraries; (3) public radio and television stations; (4) museums; (5) arts and cultural institutions; (6) State educational agencies; (7) local educational agencies; and (8) public interest, not-for-profit organizations. Sets forth mandatory and permissible uses of grant funds, and application and matching funds requirements. Requires grant award priority to be given to partnerships that: (1) serve a low-income community; or (2) have a membership that is broadly representative of the region or State to be served. Authorizes appropriations.

Saving Humanities, Arts, and Resources for Education Networking Act of 2000 (SHARE Net Act)

SECTION 1. SHORT TITLE. This Act may be cited as the ``Supercomputer Post-shipment Verification Act of 1999''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) Section 1213 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1934) requires the Secretary of Commerce to conduct post-shipment verification of each digital computer with a composite theoretical performance of more than 2,000 millions of theoretical operations per second (MTOPS) that is exported from the United States on or after November 18, 1997, to countries specified in section 1213(b) of that Act. (2) Section 1213(b) of that Act identified the countries covered by the post-shipment verification requirement as those countries listed as ``Computer Tier 3'' eligible countries in section 740.7 of title 15 of the Code of Federal Regulations, as in effect on June 10, 1997. Computer Tier 3 countries are countries that have been identified as countries of concern for national security or proliferation reasons such as Russia, the People's Republic of China, India, Pakistan, and Israel. (3) Section 1213 of that Act also requires the Secretary of Commerce to submit an annual report to congressional committees on the results of post-shipment verifications required by that section during the preceding year. (4) The Committee on Armed Services of the House of Representatives received the first of these reports on January 7, 1999. The report identified 390 high-performance computers as having been exported to Computer Tier 3 countries during the period beginning on November 18, 1997, and ending on November 17, 1998. (5) The report also identified 286 supercomputer exports covered by the post-shipment verification requirement for which a post-shipment verification was not conducted. (6) The report stated that 190 of the instances where a post-shipment verification was not conducted involved exports to the People's Republic of China. The Secretary of Commerce reported that the People's Republic of China did not allow post-shipment verifications to be conducted. (7) Because post-shipment verifications were not conducted in a number of instances, the United States Government does not know if the computers in question are being used for benign commercial purposes, or for purposes that benefit military or proliferation promoting projects. SEC. 3. AMENDMENT TO THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1998. (a) Annual Report.--Section 1213 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1934) is amended by striking subsection (c) and inserting the following: ``(c) Annual Report.--The Secretary of Commerce shall submit, on January 1 of each year, a report to the congressional committees specified in section 1215 on the results of post-shipment verifications conducted under this section covering exports carried out during the preceding fiscal year. Each such report shall include a list of all the items subject to the post-shipment verifications that were so exported and, with respect to each such export, the following: ``(1) The destination country. ``(2) The date of export. ``(3) The intended end use and intended end user. ``(4) The results of the post-shipment verification.''. (b) Moratorium on Exports.--Section 1213 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1934) is further amended by adding at the end the following: ``(e) Moratorium on Export of Supercomputers Until Post-Shipment Verifications Have Been Conducted.-- ``(1) For exports prior to october 1, 1998.--Until all post shipment verifications required by subsection (a) have been conducted for exports carried out during the period beginning on November 18, 1997, and ending on September 30, 1998, no digital computers with a composite theoretical performance of more than 2,000 MTOPS may be exported or reexported to a country specified in subsection (f). ``(2) For subsequent exports.--Until all post shipment verifications required by subsection (a) have been conducted for exports carried out during the period addressed in each report required by subsection (c), no digital computers with a composite theoretical performance of more than 2,000 MTOPS may be exported or reexported to a country specified in subsection (f). ``(f) Countries Covered by Moratorium.--For the purposes of subsection (e), a country specified in this subsection is a country that has been the recipient of the export of any computer described in subsection (a) for which the post-shipment verification required by subsection (a) has not been conducted.''. SEC. 4. REPORTS. (a) Report on Delinquent Post-Shipment Verifications.--When all post-shipment verifications are conducted with respect to a country to fulfill the requirements of section 1213(e) of the National Defense Authorization Act for Fiscal Year 1998, as added by section 3 of this Act, the Secretary of Commerce shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the results of those post-shipment verifications. The report shall include a list identifying all the items subject to the post-shipment verifications that were exported from the United States to that country during the applicable time period specified in paragraph (1) or (2) of such section 1213(e) and, with respect to each such export, the following: (1) The date of export. (2) The intended end use and intended end user. (3) The results of the post-shipment verification. (b) Report on Impact of Supercomputer Exports on National Security.--The Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the impact on national security of the export of digital computers with a composite theoretical performance of more than 2,000 MTOPS to countries listed as ``Computer Tier 3'' eligible countries in section 740.7 of title 15 of the Code of Federal Regulations, as in effect on June 10, 1997. This report shall be submitted not later than 120 days after the date of the enactment of this Act. The report shall be submitted in both classified and unclassified form.

Supercomputer Post-shipment Verification Act of 1999 - Prohibits the export or reexport of digital computers with a composite theoretical performance of more than 2,000 MTOPS to a country that has been a recipient of such exports for which post-shipment verifications have not been made during the period beginning on November 18, 1997, and ending September 30, 1998. Prohibits the subsequent export or reexport of such computers to such country until all post-shipment verifications have been made. Requires the Secretary of Commerce to report annually to specified congressional committees on the results of post-shipment verifications during the previous fiscal year. Directs the Secretary of Defense to report to specified congressional committees on the impact on national security of the export of such computers to countries listed as "Computer Tier 3" eligible under section 740.7 of title 15 of the Code of Federal Regulations.

Supercomputer Post-shipment Verification Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Save Lives First Act of 2008''. SEC. 2. FINDINGS. Congress makes the following findings: (1) According to the United Nations, there were-- (A) 33,200,000 people living with HIV/AIDS worldwide in 2007, including 22,500,000 people in sub- Saharan Africa; (B) 2,500,000 new HIV/AIDS infections in 2007, including 1,700,000 in sub-Saharan Africa; and (C) 2,010,000 people on antiretroviral therapy in developing countries in 2006. (2) Over 2,100,000 people die from AIDS every year. (3) Fewer than 10 percent of HIV-infected individuals in the developing world receive treatment. (4) More than 80 percent of people with HIV/AIDS in developing countries are unaware of their status. (5) Peer-reviewed studies have shown that patients who are well managed on anti-retroviral therapy achieve low viral loads, which may reduce their chances of infecting others. (6) Perinatal transmission is the leading cause of pediatric HIV infections, despite medical advances that have made it possible to nearly eliminate perinatal HIV transmission. (7) Research studies have demonstrated that the administration of antiretroviral medication during pregnancy, during labor, and immediately following birth can significantly reduce the transmission of HIV from an infected mother to her baby. (8) Nevirapine, an antiretroviral drug that costs less than $4 a dose, has been proven to prevent HIV transmission from mother to child with the administration of just two doses. (9) Even if treatment begins shortly after birth, antiretroviral therapy can substantially reduce the chance that an HIV-exposed infant will become infected. (10) The American Medical Association recommends universal HIV testing of all newborns with appropriate treatment for affected mothers and children. (11) Testing newborns whose mothers' statuses are unknown ensures that every child at risk for HIV is identified. (12) The provision of testing of pregnant women and newborns with appropriate counseling and treatment can significantly reduce the number of pediatric HIV infections, including AIDS cases, improve access to medical care for women and children, and provide opportunities to further reduce transmission among adults. (13) The provision of such testing, counseling, and treatment can reduce the overall cost of pediatric HIV infections, including AIDS cases. (14) Saving lives with HIV/AIDS treatment is the best way to prevent children from becoming orphans and to preserve the family and community structure so essential to social cohesion and economic prosperity in communities affected by AIDS. (15) The provision of HIV/AIDS treatment has brought hope, health, and a future to communities living under a death sentence, and with worldwide death rates still exceeding 2,100,000 per year, other objectives, although meritorious, must defer to testing and treatment. SEC. 3. ALLOCATION OF FUNDS FOR THERAPEUTIC MEDICAL CARE. Section 403(a) of the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7673(a)) is amended by striking ``(a) Therapeutic Medical Care.--'' and all that follows through ``related care. For fiscal years 2006 through 2008'' and inserting the following: ``(a) Therapeutic Medical Care.-- ``(1) Allocation of hiv assistance funds.-- ``(A) In general.--For fiscal years 2009 through 2013-- ``(i) not less than 55 percent of the amounts appropriated pursuant to the authorization of appropriations under section 401 for HIV/AIDS assistance for each such fiscal year shall be expended for therapeutic medical care of individuals infected with HIV, in furtherance of the requirement under subparagraph (B)(i); ``(ii) not less than 5 percent of the amounts appropriated pursuant to the authorization of appropriations under section 401 for HIV/AIDS assistance for each such fiscal year shall be expended to expand the use of rapid HIV/AIDS testing, in furtherance of the requirement under subparagraph (B)(ii); and ``(iii) not less than 25 percent of the amount allocated under clause (ii) shall be expended for assistance to countries that have adopted a national policy of universal, routine, rapid HIV/AIDS diagnosis of all patients of publicly funded facilities, including pregnant women and newborns. ``(B) Required medical progress.--The President shall ensure that, by the end of fiscal year 2013-- ``(i) antiretroviral treatment for HIV/AIDS and associated opportunistic infections or medical monitoring of HIV-seropositive people not in clinical need of retroviral treatment has been provided to no fewer than 7,000,000 people living in countries receiving funding under this Act; ``(ii) no fewer than 1,000,000,000 rapid tests for HIV/AIDS have been conducted on people living in countries receiving funding under this Act; and ``(iii) every available intervention is provided to ensure that 100 percent of infants born to HIV-infected women in countries where funds are expended pursuant to this Act are born uninfected and remain uninfected for at least the first year after birth, as measured by 100 percent diagnosis of pregnant women for HIV infection and of newborns for HIV antibodies and 100 percent treatment for each such mother or child diagnosed. ``(2) Allocation of hiv/aids prevention funds.--For fiscal years 2006 through 2008''.

Save Lives First Act of 2008 - Amends the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 to allocate FY2009-FY2013 HIV/AIDS assistance as follows: (1) at least 55% for therapeutic medical care of individuals infected with HIV; and (2) at least 5% percent to expand the use of rapid HIV/AIDS testing, of which at least 25% shall be expended for assistance to countries that have adopted a national policy of universal rapid HIV/AIDS diagnosis of all patients of publicly funded facilities, including pregnant women and newborns. Requires the President to ensure that, by the end of FY2013, specified HIV/AIDS treatment, testing, and intervention goals have been met.

A bill to ensure that the highest priority for HIV/AIDS-related funding is saving lives most immediately and urgently threatened by HIV-AIDS, including babies at risk of being infected at birth.

SECTION 1. LOSS OF PENSIONS ACCRUED DURING SERVICE AS A MEMBER OF CONGRESS FOR ABUSING THE PUBLIC TRUST. (a) Civil Service Retirement System.--Section 8332 of title 5, United States Code, is amended by adding at the end the following: ``(o)(1) Notwithstanding any other provision of this subchapter, the service of an individual finally convicted of an offense described in paragraph (2) shall not be taken into account for purposes of this subchapter, except that this sentence applies only to service rendered as a Member (irrespective of when rendered). Any such individual (or other person determined under section 8342(c), if applicable) shall be entitled to be paid so much of such individual's lump-sum credit as is attributable to service to which the preceding sentence applies. ``(2)(A) An offense described in this paragraph is any offense described in subparagraph (B) for which the following apply: ``(i) Every act or omission of the individual (referred to in paragraph (1)) that is needed to satisfy the elements of the offense occurs while the individual is a Member. ``(ii) Every act or omission of the individual that is needed to satisfy the elements of the offense directly relates to the performance of the individual's official duties as a Member. ``(iii) The offense is committed after the date of enactment of this subsection. ``(B) An offense described in this subparagraph is only the following, and only to the extent that the offense is a felony under title 18: ``(i) An offense under section 201 of title 18 (bribery of public officials and witnesses). ``(ii) An offense under section 219 of title 18 (officers and employees acting as agents of foreign principals). ``(iii) An offense under section 371 of title 18 (conspiracy to commit offense or to defraud United States), to the extent of any conspiracy to commit an act which constitutes-- ``(I) an offense under clause (i) or (ii); or ``(II) an offense under section 207 of title 18 (restrictions on former officers, employees, and elected officials of the executive and legislative branches). ``(iv) Perjury committed under section 1621 of title 18 in falsely denying the commission of an act which constitutes-- ``(I) an offense under clause (i) or (ii); or ``(II) an offense under clause (iii), to the extent provided in such clause. ``(v) Subornation of perjury committed under section 1622 of title 18 in connection with the false denial or false testimony of another individual as specified in clause (iv). ``(3) An individual convicted of an offense described in paragraph (2) shall not, after the date of the final conviction, be eligible to participate in the retirement system under this subchapter or chapter 84 while serving as a Member. ``(4) The Office of Personnel Management shall prescribe any regulations necessary to carry out this subsection. Such regulations shall include-- ``(A) provisions under which interest on any lump-sum payment under the second sentence of paragraph (1) shall be limited in a manner similar to that specified in the last sentence of section 8316(b); and ``(B) provisions under which the Office may provide for-- ``(i) the payment, to the spouse or children of any individual referred to in the first sentence of paragraph (1), of any amounts which (but for this clause) would otherwise have been nonpayable by reason of such first sentence, but only to the extent that the application of this clause is considered necessary given the totality of the circumstances; and ``(ii) an appropriate adjustment in the amount of any lump-sum payment under the second sentence of paragraph (1) to reflect the application of clause (i). ``(5) For purposes of this subsection-- ``(A) the term `Member' has the meaning given such term by section 2106, notwithstanding section 8331(2); and ``(B) the term `child' has the meaning given such term by section 8341.''. (b) Federal Employees' Retirement System.--Section 8411 of title 5, United States Code, is amended by adding at the end the following: ``(l)(1) Notwithstanding any other provision of this chapter, the service of an individual finally convicted of an offense described in paragraph (2) shall not be taken into account for purposes of this chapter, except that this sentence applies only to service rendered as a Member (irrespective of when rendered). Any such individual (or other person determined under section 8424(d), if applicable) shall be entitled to be paid so much of such individual's lump-sum credit as is attributable to service to which the preceding sentence applies. ``(2) An offense described in this paragraph is any offense described in section 8332(o)(2)(B) for which the following apply: ``(A) Every act or omission of the individual (referred to in paragraph (1)) that is needed to satisfy the elements of the offense occurs while the individual is a Member. ``(B) Every act or omission of the individual that is needed to satisfy the elements of the offense directly relates to the performance of the individual's official duties as a Member. ``(C) The offense is committed after the date of enactment of this subsection. ``(3) An individual convicted of an offense described in paragraph (2) shall not, after the date of the final conviction, be eligible to participate in the retirement system under this chapter while serving as a Member. ``(4) The Office of Personnel Management shall prescribe any regulations necessary to carry out this subsection. Such regulations shall include-- ``(A) provisions under which interest on any lump-sum payment under the second sentence of paragraph (1) shall be limited in a manner similar to that specified in the last sentence of section 8316(b); and ``(B) provisions under which the Office may provide for-- ``(i) the payment, to the spouse or children of any individual referred to in the first sentence of paragraph (1), of any amounts which (but for this clause) would otherwise have been nonpayable by reason of such first sentence, but only to the extent that the application of this clause is considered necessary given the totality of the circumstances; and ``(ii) an appropriate adjustment in the amount of any lump-sum payment under the second sentence of paragraph (1) to reflect the application of clause (i). ``(5) For purposes of this subsection-- ``(A) the term `Member' has the meaning given such term by section 2106, notwithstanding section 8401(20); and ``(B) the term `child' has the meaning given such term by section 8341.''. Passed the House of Representatives January 23, 2007. Attest: KAREN L. HAAS, Clerk.

Amends federal civil service law regarding the Civil Service Retirement System (CSRS) and the Federal Employees' Retirement System (FERS) to exclude from retirement accounting any service as a Member of Congress of an individual finally convicted of a felony involving: (1) bribery of public officials and witnesses; (2) acting as an agent of a foreign principal while a federal public official; (3) conspiracy to commit an offense or to defraud the United States; (4) perjury; or (5) subornation of perjury. Entitles such individual, all the same, to so much of his or her lump-sum credit as is attributable to such service. Requires, with respect to each offense, that: (1) every act or commission of the individual that is needed to satisfy the elements of the offense occurs while the individual is a Member; (2) such act or omission directly relates to the performance of the individual's official duties as a Member; and (3) the offense is committed after enactment of this Act. Defines Member as the Vice President, a member of the Senate or the House of Representatives, a Delegate to the House of Representatives, and the Resident Commissioner from Puerto Rico.

To amend title 5, United States Code, to make noncreditable for Federal retirement purposes any Member service performed by an individual who is convicted of any of certain offenses committed by that individual while serving as a Member of Congress, and for other purposes.

SECTION 1. ESTABLISHMENT OF JOINT COMMITTEE. (a) Establishment and Membership.--There is established a permanent Joint Committee for Review of Administrative Rules (hereinafter referred to as the ``Joint Committee'') to be composed of-- (1) 10 members of the Senate to be appointed by the majority leader of the Senate; and (2) 10 members of the House of Representatives to be appointed by the Speaker of the House of Representatives. (b) Membership.--Vacancies in the membership of the Joint Committee shall not affect the power of the remaining members to execute the functions of the Joint Committee and shall be filled in the same manner as in the case of the original selection. The Joint Committee shall select a Chairman and a Vice Chairman from among its members at the beginning of each Congress. The Vice Chairman shall act in the place and stead of the Chairman in the absence of the Chairman. The chairmanship shall alternate between the Senate and the House of Representatives with each Congress, and the Chairman shall be selected by the Members from that House entitled to the chairmanship. The Vice Chairman shall be chosen from the House other than that of the Chairman by the Members from that House. SEC. 2. AUTHORITY AND DUTIES. The Joint Committee shall review rules of Federal agencies as provided by chapter 8 of title 5 of the United States Code. Any joint resolution that is referred to any committee pursuant to section 802 of title 5, United States Code, which is reported by, or discharged from, that committee shall be referred to the Joint Committee for its consideration. The members of the Joint Committee who are members of the Senate shall from time to time report to the Senate, and the members of the Joint Committee who are members of the House of Representatives shall from time to time report to the House, by joint resolution their recommendations with respect to matters within the jurisdiction of their respective Houses which are referred to the Joint Committee. SEC. 3. AUTHORITY AND EMPLOYMENT AND COMPENSATION OF STAFF. (a) Authority of Joint Committee.--The Joint Committee may-- (1) sit and act at such places and times as the Joint Committee determines is appropriate during the sessions, recesses, and adjourned periods of Congress; and (2) require the attendance of witnesses and the production of books, papers, and documents, administer oaths, take testimony, and procure printing and binding. (b) Appointment and Compensation of Staff.--(1) The Joint Committee may appoint and fix the compensation of such experts, consultants, technicians, and staff employees as it deems necessary and advisable. (2) The Joint Committee may utilize such voluntary and uncompensated services as it deems necessary and may utilize the services, information, facilities, and personnel of the departments and establishments of the Government. (c) Witnesses.--Witnesses requested to appear before the Joint Committee shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in traveling to and from the places at which they are to appear. SEC. 4. CONGRESSIONAL REVIEW OF AGENCY RULEMAKING. (a) Congressional Review.--Section 801(a) of title 5, United States Code, is amended-- (1) in paragraph (1)(C), by inserting ``and to the Joint Committee for Review of Administrative Rules'' before the period; and (2) in paragraph (2)(A), by inserting ``and to the Joint Committee for Review of Administrative Rules'' after ``Congress''. (b) Congressional Disapproval Procedure in the Senate.--(1) Section 804(c) of title 5, United States Code, is amended by-- (1) striking ``placed on the calendar'' and inserting ``referred to the Joint Committee for Review of Administrative Rules for a period of not to exceed 10 session days''; and (2) adding at the end the following new sentence: In the Senate, if the Joint Committee for Review of Administrative Rules has not reported such joint resolution (or an identical joint resolution) at the end of 10 session days after such joint resolution is referred to it, such joint committee may be discharged from further consideration of such joint resolution upon a petition supported in writing by 30 Members of the Senate, and such joint resolution shall be placed on the calendar.''. (2) Section 804(d) of title 5, United States Code, is amended by inserting ``and the joint committee'' after ``committee'' the first place it occurs and by striking ``a committee'' and inserting ``the joint committee''. SEC. 5. EFFECTIVE DATE. (a) In General.--This Act and the amendments made by it shall take effect on noon January 3, 2001, and shall apply to rules promulgated after such date. (b) Definition.--As used in subsection (a), the term ``rule'' has the meaning given such term by section 804(3) of title 5, United States Code.

Amends Federal law with respect to congressional review of agency rulemaking to conform with this Act.

To establish the permanent Joint Committee for Review of Administrative Rules to review rules of Federal agencies and to amend chapter 8 of title 5 of the United States Code.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Full Patent Term Preservation Act of 1996''. SEC. 2. PATENT TERM DETERMINATION AUTHORITY. (a) In General.--Section 154(b) of title 35, United States Code, is amended to read as follows: ``(b) Determination of Patent Term.-- ``(1) Basis for patent term adjustment.-- ``(A) In general.--Subject to paragraph (2), the term of a patent shall be adjusted to include the period of time for which the issue of the original patent was delayed due to-- ``(i) a proceeding under section 135(a) of this title; ``(ii) the imposition of an order pursuant to section 181 of this title; ``(iii) appellate review by the Board of Patent Appeals and Interferences or by a Federal court where the patent was issued pursuant to a decision in the review reversing an adverse determination of patentability; or ``(iv) an unusual administrative delay by the Office in issuing the patent. ``(B) Regulations.--The Commissioner shall prescribe regulations to govern the determination of the period of delay, including the particular circumstances determined to be an unusual administrative delay under subparagraph (A). ``(2) Limitations.-- ``(A) Maximum period of adjustment.--The total duration of all adjustments of a patent term under this subsection shall not exceed 10 years. No patent term may be adjusted by a period greater than the actual period of time that the issue of a patent was delayed as determined by the Commissioner. To the extent that periods of delay attributable to grounds specified in paragraph (1) overlap, the period of any adjustment granted under this subsection shall not exceed the actual number of days the issuance of the patent was delayed. ``(B) Due diligence.--The period of adjustment of the term of a patent under this subsection shall be reduced by a period equal to the time during the processing or examination of the application leading to the patent in which the applicant did not act with due diligence to conclude processing or examination of the application. The Commissioner shall prescribe regulations establishing the circumstances that constitute a failure of an applicant to act with due diligence to conclude processing or examination of an application. ``(C) Terminal disclaimer.--No patent, the term of which has been disclaimed beyond a specified date, may be adjusted under this section beyond the expiration date specified in the disclaimer. ``(3) Notice to commissioner.--In a case in which a patent term is adjusted under this subsection, the Commissioner shall determine the period of any patent term adjustment available under this section and shall include a copy of that determination with the final notice. The Commissioner shall prescribe regulations establishing procedures for the application for, and notification of, patent term adjustments granted by the Commissioner under this subsection. ``(4) Judicial review.--Any applicant dissatisfied with a determination by the Commissioner under paragraph (3) may have remedy by civil action in the United States Court of Federal Claims if commenced within 60 days after the mailing of the notice of allowance as the Commissioner appoints. The initiation of a civil action under this section shall not delay the issuance of a patent.''. (b) Technical Clarification.--Section 156(a) of title 35, United States Code, is amended-- (1) in the matter preceding paragraph (1) by inserting ``, which shall include any patent term adjustment granted under section 154(b),'' after ``the original expiration date of the patent''; and (2) in paragraph (2) by inserting before the semicolon ``, except as provided under section 154(b)''. SEC. 3. EFFECTIVE DATE. The amendments made by section 2 shall take effect on the date of the enactment of this Act and shall apply to any application filed on or after June 8, 1995.

Full Patent Term Preservation Act of 1996 - Revises patent law to direct that the term of a patent be adjusted to include the period of time for which the issue of the original patent was delayed due to: (1) a proceeding designed to determine the priority of invention ("interference"); (2) the imposition of an order pertaining to a determination that the patent would be detrimental to the national security; (3) appellate review by the Board of Patent Appeals and Interferences or by a Federal court where the patent was issued pursuant to a decision in the review reversing an adverse determination of patentability; or (4) an unusual administrative delay by the Patent and Trademark Office in issuing the patent. Directs the Commissioner of Patents and Trademarks to prescribe regulations to govern the determination of the period of delay, including the circumstances determined to constitute an unusual administrative delay. Establishes a ten-year limit for adjustments in patent terms under this Act. Precludes adjustments in patent term beyond the actual number of days that a patent was delayed. Specifies that no adjustment in patent term may be granted for periods when the applicant did not act with due diligence. Directs the Commissioner to prescribe regulations establishing the circumstances that constitute a failure to act with due diligence. Specifies that no patent, the term of which has been disclaimed beyond a specified date, may be adjusted pursuant to this Act beyond the expiration date specified in the disclaimer. Directs the Commissioner: (1) in a case in which a patent term is so adjusted, to determine the period of any patent term adjustment and include a copy of that determination with the final notice; and (2) to prescribe regulations establishing procedures for the application for, and notification of, patent term adjustments granted by the Commissioner. Authorizes any applicant dissatisfied with such determination to bring a civil action in the United States Court of Federal Claims if commenced within 60 days after the mailing of the notice of allowance as the Commissioner appoints. Specifies that the initiation of such action shall not delay the issuance of a patent.

Full Patent Term Preservation Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Teach Safe Relationships Act of 2015''. SEC. 2. FUND FOR THE IMPROVEMENT OF EDUCATION. Part D of title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7241 et seq.) is amended by adding at the end the following: ``Subpart 22--Providing Safe Relationship Behavior Education and Training ``SEC. 5621. SHORT TITLE. ``This subpart may be cited as the `Teach Safe Relationships Act of 2015'. ``SEC. 5622. STATEMENT OF PURPOSE. ``It is the purpose of this subpart: ``(1) To help ensure that all students receive evidence- informed safe relationship behavior education and training, including education and training regarding the prevention of teen and adolescent dating violence or relationship abuse, domestic abuse, and sexual violence and harassment. ``(2) To promote safe and healthy relationships between and among students. ``(3) To help students and school faculty and staff to develop healthy and respectful attitudes and insights necessary for students to understand themselves in the context of relationships with others and with society. ``(4) To provide financial assistance to support local educational agencies in meeting the requirements of title IX of the Educational Amendments of 1972. ``SEC. 5623. FINDINGS. ``Congress finds the following: ``(1) Educating students about safe relationship behavior will aid in the prevention of unsafe dating practices, including dating violence, sexual assault, and stalking. ``(2) The Violence Against Women Act of 1994 (42 U.S.C. 13925 et seq.) included programs to develop and implement prevention and intervention policies in middle and high schools, including appropriate responses to, and identification and referral procedures for, students who are experiencing or perpetrating domestic violence, dating violence, sexual assault, sexual harassment, stalking, or sex trafficking. ``(3) Schools can play an important role in providing students with a knowledge base that may allow students to make informed decisions and form a healthy lifestyle. ``(4) According to the Department of Justice, there is an average of 293,066 victims (age 12 or older) of rape and sexual assault each year. ``(5) Young women between the ages of 16 and 24 experience the highest rate of intimate partner violence. According to one national study, 29 percent of the young women surveyed who had ever been in a relationship said they had been pressured to have sex or to engage in sexual activity they did not want. ``(6) From 1997 to 2013, females ages 18 to 24 consistently experienced higher rates of rape and sexual assault than females in other age brackets. ``(7) Partners of all genders and those in same-sex relationships also experience dating violence. A 2013 survey of grade school students found that 43 percent of lesbian, gay, bisexual, and transgender youth reported being victims of physical dating violence, compared to 29 percent of heterosexual youth. ``(8) Experiencing dating violence is associated with an increase in sexual risk-taking behaviors, health risks, and is associated with adolescent and unintended pregnancy. ``(9) Teaching and learning practices in the United States frequently do not address safe relationship behavior education and training, for example-- ``(A) sex education curriculum should address emotional relationship health; ``(B) sexual harassment undermines the ability of schools to provide safe and equitable learning or workplace environments; and ``(C) classroom textbooks and educational materials do not sufficiently reflect the promotion of safe and healthy relationships. ``(10) Efforts to improve the quality of public education must also include efforts to ensure programs for safe relationship behavior training. ``(11) Federal support should address not only research and development of innovative model curricula and teaching and learning strategies to promote healthy behavior, but should also assist schools and local communities with implementing a curriculum that includes sexual assault and teen dating violence. ``SEC. 5624. DEFINITIONS. ``In this subpart: ``(1) Consent.-- ``(A) In general.--The term `consent' means affirmative, unambiguous, and voluntary agreement to engage in a specific sexual activity during a sexual encounter. ``(B) Limitations.--Consent cannot be given by an individual who is-- ``(i) asleep, or mentally or physically incapacitated, either through the effect of drugs or alcohol or for any other reason; ``(ii) under duress or experiencing a threat, coercion, or force; or ``(iii) inferred under circumstances in which consent is not clear, including the absence of language or actions that indicate unwillingness (such as saying `no' or `stop'), or the existence of a prior or current relationship or prior or current sexual activity. ``(2) Safe relationship behavior education.--The term `safe relationship behavior education' means education that-- ``(A) is medically accurate and appropriate for an individual's age, developmental stage, and culture; ``(B) promotes safe relationships and teaches students to recognize and prevent-- ``(i) physical and emotional relationship abuse; and ``(ii) coercion, violence, or abuse, including teen and adolescent dating violence, domestic abuse, and sexual violence and harassment; ``(C) includes education regarding relationship communication skills, emotional health, accountability, and well-being in relationships, and consent; and ``(D) includes education regarding healthy relationships, including the development of healthy attitudes and insights necessary for understanding relationships between oneself, family, partners, others, and society, including skills on healthy self- esteem, and self-efficacy and stress management. ``(3) Sexual assault.--The term `sexual assault' means any nonconsensual sexual act proscribed by Federal, State, or tribal law, including when a victim lacks capacity to consent. ``(4) Sexual harassment.--The term `sexual harassment' means unwelcome conduct of a sexual nature, including unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature. ``(5) Sexual violence.--The term `sexual violence' means physical sexual acts perpetrated against a person's will or when or where a person is incapable of giving consent. ``(6) Teen and adolescent dating violence.--The term `teen and adolescent dating violence' means-- ``(A) violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; and ``(B) where the existence of such a relationship shall be determined based on a consideration of factors, including-- ``(i) the length of the relationship; ``(ii) the type of relationship; and ``(iii) the frequency of interaction between the persons involved in the relationship. ``SEC. 5625. GRANTS AUTHORIZED. ``(a) Authority.--The Secretary is authorized to award grants to local educational agencies in order to enable such agencies-- ``(1) to provide professional development to school administrators, teachers, and staff in safe relationship behavior education and teaching and learning practices; and ``(2) to provide educational programming and curricula that is age appropriate and developmentally and culturally appropriate for students regarding safe relationship behavior education and training. ``(b) Award Basis.--The Secretary is authorized to award grants under this section-- ``(1) on a competitive basis; and ``(2) in a manner that ensures that such grants are equitably distributed among local educational agencies located in rural, urban, and suburban areas. ``(c) Duration.--Grants awarded under this section shall be for a period of 4 years. ``(d) Policy Dissemination.--The Secretary shall disseminate to local educational agencies any Department policy guidance regarding safe relationship behavior training and the promotion of safe and healthy relationships. ``(e) Use of Funds.--Each local educational agency that receives a grant under this subpart shall use grant funds to develop and implement curricula for students that-- ``(1) incorporate elements of effective and evidence-based or evidence-informed programs that include-- ``(A) safe relationship behavior training, including for the prevention of teen and adolescent dating violence, domestic abuse, and sexual violence and harassment; and ``(B) education about healthy relationships between oneself and family, others, and society; and ``(2) are age appropriate, developmentally appropriate, and culturally and linguistically appropriate, reflecting the diverse circumstance and realities of young people. ``(f) Application.--To be eligible for a grant under this section, a local educational agency shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. Each application shall include a description of the local educational agency's-- ``(1) need for funds provided under this subpart; ``(2) plan for implementing the activities described under subsection (e); and ``(3) measurable objectives for, and expected results from, the use of funds provided by the grant under this subpart. ``(g) Selection of Grantees.-- ``(1) In general.--The Secretary shall determine, based on the peer review process described in paragraph (3), which local educational agencies shall receive funding under this subpart, and the amount of the grant funding under this subpart that each selected local educational agency will receive. ``(2) Grant amounts.--In determining the amount of each grant awarded under this subpart, the Secretary shall take into account the total amount of funds available for all grants under this subpart and the types of activities proposed to be carried out by each local educational agency, in order to ensure that all grants are of sufficient size, scope, and quality to be effective. ``(3) Peer review process.--The Secretary shall convene a peer review committee to review applications for grants under this subpart and to make recommendations to the Secretary regarding the selection of grantees.''. SEC. 3. GENERAL PROHIBITION. Section 9526(a)(3) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7906(a)(3)) is amended by adding ``and safe relationship behavior education (as defined in section 5624)'' after ``abstinence''.

Teach Safe Relationships Act of 2015 This bill amends the Elementary and Secondary Education Act of 1965 (ESEA) to authorize the Department of Education (ED) to award competitive four-year grants to local educational agencies (LEAs) to provide: (1) professional development to school administrators, teachers, and staff in safe relationship behavior education; and (2) educational programming and curricula for students regarding safe relationship behavior. "Safe relationship behavior education" is education that: is medically accurate and appropriate for an individual's age, developmental stage, and culture; promotes safe relationships and teaches students to recognize and prevent coercion, violence, or abuse, including physical and emotional relationship abuse; includes education regarding communication skills, emotional health, accountability, and well-being in relationships; and includes education regarding healthy relationships and consent. ED must provide LEAs with policy guidance regarding safe relationship behavior training and the promotion of safe and healthy relationships. ESEA funds may not be used for sex or HIV-prevention education in schools if that instruction does not include safe relationship behavior education. (Under current law, sex or HIV-prevention education in schools must be age appropriate and include the health benefits of abstinence.)

Teach Safe Relationships Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Electronic Communications Privacy Act Amendments Act of 2015''. SEC. 2. CONFIDENTIALITY OF ELECTRONIC COMMUNICATIONS. Section 2702(a)(3) of title 18, United States Code, is amended to read as follows: ``(3) a provider of remote computing service or electronic communication service to the public shall not knowingly divulge to any governmental entity the contents of any communication described in section 2703(a), or any record or other information pertaining to a subscriber or customer of such service.''. SEC. 3. ELIMINATION OF 180-DAY RULE; SEARCH WARRANT REQUIREMENT; REQUIRED DISCLOSURE OF CUSTOMER RECORDS. (a) In General.--Section 2703 of title 18, United States Code, is amended-- (1) by striking subsections (a), (b), and (c) and inserting the following: ``(a) Contents of Wire or Electronic Communications.--A governmental entity may require the disclosure by a provider of electronic communication service or remote computing service of the contents of a wire or electronic communication that is in electronic storage with or otherwise stored, held, or maintained by the provider only if the governmental entity obtains a warrant issued using the procedures described in the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures) that is issued by a court of competent jurisdiction directing the disclosure. ``(b) Notice.--Except as provided in section 2705, not later than 10 business days in the case of a law enforcement agency, or not later than 3 business days in the case of any other governmental entity, after a governmental entity receives the contents of a wire or electronic communication of a subscriber or customer from a provider of electronic communication service or remote computing service under subsection (a), the governmental entity shall serve upon, or deliver to by registered or first-class mail, electronic mail, or other means reasonably calculated to be effective, as specified by the court issuing the warrant, the subscriber or customer-- ``(1) a copy of the warrant; and ``(2) a notice that includes the information referred to in clauses (i) and (ii) of section 2705(a)(4)(B). ``(c) Records Concerning Electronic Communication Service or Remote Computing Service.-- ``(1) In general.--Subject to paragraph (2), a governmental entity may require a provider of electronic communication service or remote computing service to disclose a record or other information pertaining to a subscriber or customer of the provider or service (not including the contents of communications), only if the governmental entity-- ``(A) obtains a warrant issued using the procedures described in the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures) that is issued by a court of competent jurisdiction directing the disclosure; ``(B) obtains a court order directing the disclosure under subsection (d); ``(C) has the consent of the subscriber or customer to the disclosure; or ``(D) submits a formal written request relevant to a law enforcement investigation concerning telemarketing fraud for the name, address, and place of business of a subscriber or customer of the provider or service that is engaged in telemarketing (as defined in section 2325). ``(2) Information to be disclosed.--A provider of electronic communication service or remote computing service shall, in response to an administrative subpoena authorized by Federal or State statute, a grand jury, trial, or civil discovery subpoena, or any means authorized under paragraph (1), disclose to a governmental entity the-- ``(A) name; ``(B) address; ``(C) local and long distance telephone connection records, or records of session times and durations; ``(D) length of service (including start date) and types of service used; ``(E) telephone or instrument number or other subscriber number or identity, including any temporarily assigned network address; and ``(F) means and source of payment for such service (including any credit card or bank account number), of a subscriber or customer of such service. ``(3) Notice not required.--A governmental entity that receives records or information under this subsection is not required to provide notice to a subscriber or customer.''; and (2) by adding at the end the following: ``(h) Rule of Construction.--Nothing in this section or in section 2702 shall be construed to limit the authority of a governmental entity to use an administrative subpoena authorized under a Federal or State statute or to use a Federal or State grand jury, trial, or civil discovery subpoena to-- ``(1) require an originator, addressee, or intended recipient of an electronic communication to disclose the contents of the electronic communication to the governmental entity; or ``(2) require an entity that provides electronic communication services to the officers, directors, employees, or agents of the entity (for the purpose of carrying out their duties) to disclose the contents of an electronic communication to or from an officer, director, employee, or agent of the entity to a governmental entity, if the electronic communication is held, stored, or maintained on an electronic communications system owned or operated by the entity.''. (b) Technical and Conforming Amendments.--Section 2703(d) of title 18, United States Code, is amended-- (1) by striking ``A court order for disclosure under subsection (b) or (c)'' and inserting ``A court order for disclosure under subsection (c)''; and (2) by striking ``the contents of a wire or electronic communication, or''. SEC. 4. DELAYED NOTICE. Section 2705 of title 18, United States Code, is amended to read as follows: ``Sec. 2705. Delayed notice ``(a) Delay of Notification.-- ``(1) In general.--A governmental entity that is seeking a warrant under section 2703(a) may include in the application for the warrant a request for an order delaying the notification required under section 2703(b) for a period of not more than 180 days in the case of a law enforcement agency, or not more than 90 days in the case of any other governmental entity. ``(2) Determination.--A court shall grant a request for delayed notification made under paragraph (1) if the court determines that there is reason to believe that notification of the existence of the warrant may result in-- ``(A) endangering the life or physical safety of an individual; ``(B) flight from prosecution; ``(C) destruction of or tampering with evidence; ``(D) intimidation of potential witnesses; or ``(E) otherwise seriously jeopardizing an investigation or unduly delaying a trial. ``(3) Extension.--Upon request by a governmental entity, a court may grant one or more extensions of the delay of notification granted under paragraph (2) of not more than 180 days in the case of a law enforcement agency, or not more than 90 days in the case of any other governmental entity. ``(4) Expiration of the delay of notification.--Upon expiration of the period of delay of notification under paragraph (2) or (3), the governmental entity shall serve upon, or deliver to by registered or first-class mail, electronic mail, or other means reasonably calculated to be effective as specified by the court approving the search warrant, the customer or subscriber-- ``(A) a copy of the warrant; and ``(B) notice that informs the customer or subscriber-- ``(i) of the nature of the law enforcement inquiry with reasonable specificity; ``(ii) that information maintained for the customer or subscriber by the provider of electronic communication service or remote computing service named in the process or request was supplied to, or requested by, the governmental entity; ``(iii) of the date on which the warrant was served on the provider and the date on which the information was provided by the provider to the governmental entity; ``(iv) that notification of the customer or subscriber was delayed; ``(v) the identity of the court authorizing the delay; and ``(vi) of the provision of this chapter under which the delay was authorized. ``(b) Preclusion of Notice to Subject of Governmental Access.-- ``(1) In general.--A governmental entity that is obtaining the contents of a communication or information or records under section 2703 may apply to a court for an order directing a provider of electronic communication service or remote computing service to which a warrant, order, subpoena, or other directive under section 2703 is directed not to notify any other person of the existence of the warrant, order, subpoena, or other directive for a period of not more than 180 days in the case of a law enforcement agency, or not more than 90 days in the case of any other governmental entity. ``(2) Determination.--A court shall grant a request for an order made under paragraph (1) if the court determines that there is reason to believe that notification of the existence of the warrant, order, subpoena, or other directive may result in-- ``(A) endangering the life or physical safety of an individual; ``(B) flight from prosecution; ``(C) destruction of or tampering with evidence; ``(D) intimidation of potential witnesses; or ``(E) otherwise seriously jeopardizing an investigation or unduly delaying a trial. ``(3) Extension.--Upon request by a governmental entity, a court may grant one or more extensions of an order granted under paragraph (2) of not more than 180 days in the case of a law enforcement agency, or not more than 90 days in the case of any other governmental entity. ``(4) Prior notice to law enforcement.--Upon expiration of the period of delay of notice under this section, and not later than 3 business days before providing notice to a customer or subscriber, a provider of electronic communication service or remote computing service shall notify the governmental entity that obtained the contents of a communication or information or records under section 2703 of the intent of the provider of electronic communication service or remote computing service to notify the customer or subscriber of the existence of the warrant, order, or subpoena seeking that information. ``(c) Definition.--In this section and section 2703, the term `law enforcement agency' means an agency of the United States, a State, or a political subdivision of a State, authorized by law or by a government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law, or any other Federal or State agency conducting a criminal investigation.''. SEC. 5. EVALUATION BY THE GOVERNMENT ACCOUNTABILITY OFFICE. Not later than September 30, 2017, the Comptroller General of the United States shall submit to Congress a report regarding the disclosure of customer communications and records under section 2703 of title 18, United States Code, which shall include-- (1) an analysis and evaluation of such disclosure under section 2703 of title 18, United States Code, as in effect before the date of enactment of this Act, including-- (A) a comprehensive analysis and evaluation regarding the number of individual instances, in each of the 5 years before the year in which this Act is enacted, in which Federal, State, or local law enforcement officers used section 2703 of title 18, United States Code, to obtain information relevant to an ongoing criminal investigation; (B) an analysis of the average length of time taken by a provider of an electronic communication service or a remote computing service to comply with requests by law enforcement officers for information under section 2703 of title 18, United States Code; (C) the number of individual instances, in each of the 5 years before the year in which this Act is enacted, in which information was requested by law enforcement officers from a provider of an electronic communication service or a remote computing service under a warrant as authorized under section 2703(a) of title 18, United States Code; (D) the number of individual instances and type of request, in each of the 5 years before the year in which this Act is enacted, in which information was requested by law enforcement officers from a provider of an electronic communication service or a remote computing service under the other information request provisions in section 2703 of title 18, United States Code; and (E) the number of individual instances, in each of the 5 years before the year in which this Act is enacted, in which law enforcement officers requested delayed notification to the subscriber or customer under section 2705 of title 18, United States Code; and (2) an analysis and evaluation of such disclosure under section 2703 of title 18, United States Code, as amended by this Act, including-- (A) an evaluation of the effects of the amendments to the warrant requirements on judges, court dockets, or any other court operations; (B) a survey of Federal, State, and local judges and law enforcement officers to determine the average length of time required for providers of an electronic communication service or a remote computing service to provide the contents of communications requested under a search warrant, which shall include identifying the number of instances in which a judge was required to order a provider of an electronic communication service or a remote computing service to appear to show cause for failing to comply with a warrant or to issue an order of contempt against a provider of an electronic communication service or a remote computing service for such a failure; and (C) determining whether the amendments to the warrant requirements resulted in an increase in the use of the emergency exception under section 2702(b)(8) of title 18, United States Code. SEC. 6. RULE OF CONSTRUCTION. Nothing in this Act or an amendment made by this Act shall be construed to preclude the acquisition by the United States Government of-- (1) the contents of a wire or electronic communication pursuant to other lawful authorities, including the authorities under chapter 119 of title 18 (commonly known as the ``Wiretap Act''), the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), or any other provision of Federal law not specifically amended by this Act; or (2) records or other information relating to a subscriber or customer of any electronic communications service or remote computing service (not including the content of such communications) pursuant to the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), chapter 119 of title 18 (commonly known as the ``Wiretap Act''), or any other provision of Federal law not specifically amended by this Act.

Electronic Communications Privacy Act Amendments Act of 2015 Amends the federal criminal code to prohibit a provider of remote computing service or electronic communication service to the public from knowingly divulging to a governmental entity the contents of any communication that is in electronic storage or otherwise maintained by the provider, subject to exceptions. Revises provisions under which the government may require a provider to disclose the contents of such communications. Eliminates the different requirements applicable under current law depending on whether such communications were: (1) stored for fewer than, or more than, 180 days by an electronic communication service; or (2) held by an electronic communication service as opposed to a remote computing service. Requires the government to obtain a warrant from a court before requiring providers to disclose the content of such communications regardless of how long the communication has been held in electronic storage by an electronic communication service or whether the information is sought from an electronic communication service or a remote computing service. Requires a law enforcement agency, within 10 days after receiving the contents of a customer's communication, or a governmental entity, within 3 days, to provide a customer whose communications were disclosed by the provider a copy of the warrant and a notice that such information was requested by, and supplied to, the government entity. Allows the government to request delays of such notifications. Prohibits disclosure requirements that apply to providers from being construed to limit the government's authority to use an administrative or civil discovery subpoena to require: (1) an originator or recipient of an electronic communication to disclose the contents of such communication, or (2) an entity that provides electronic communication services to its employees or agents to disclose the contents of an electronic communication to or from such employee or agent if the communication is on an electronic communications system owned or operated by the entity. Allows the government to apply for an order directing a provider, for a specified period, to refrain from notifying any other person that the provider has been required to disclose communications or records. Requires a Government Accountability Office report regarding disclosures of customer communications and records under provisions: (1) as in effect before the enactment of this bill, and (2) as amended by this bill.

Electronic Communications Privacy Act Amendments Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as ``Erin's Law''. SEC. 2. ERIN MAXWELL MEMORIAL GRANTS. (a) Findings.--Congress makes the following findings: (1) With the enactment of the Adoption and Safe Families Act of 1997 (Public Law 105-89), Congress asserted the pre- eminent importance ensuring children's safety. (2) Five children die every day from abuse and neglect in America. (3) Between 2001 and 2007, a total of 10,440 children died as a result of abuse and neglect. (4) Research has revealed that child deaths resulting from an injury caused by abuse or neglect are underreported, and that as many as 50 to 60 percent of child fatalities resulting from abuse or neglect are not recorded as such, according to studies conducted in 2002 and 2005. (5) States receive allegations of child abuse or neglect involving as many as 6,000,000 children each year. (6) Well trained, competent, and sufficient child protective services workers are critical to screening those allegations and responding appropriately to ensure children's safety. (b) Establishment of Grant Program.--Part B of title IV of the Social Security Act (42 U.S.C. 621 et seq.) is amended by adding at the end the following: ``Subpart 3--Erin Maxwell Memorial Grant Program ``SEC. 440. ERIN MAXWELL MEMORIAL GRANTS. ``(a) Definitions.--In this section: ``(1) Eligible applicant.--The term `eligible applicant' means a unit of local government or an Indian tribe or tribal organization that satisfies the conditions specified in subsection (d). ``(2) Child protective services worker.--The term `child protective services worker' means an individual whose primary employment responsibility is to conduct screening and intake of referrals alleging child abuse or neglect, to investigate allegations of child abuse or neglect, to provide alternative or differential responses to actual or alleged child abuse or neglect, or to provide preventative services or post- investigation services for actual or alleged victims of child abuse or neglect. ``(3) Indian tribe; tribal organization.--The terms `Indian tribe' and `tribal organization' have the meanings given such terms by subsections (e) and (l) of section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b), respectively. ``(b) Authority To Award Grants.--The Secretary shall award grants on a competitive basis to eligible applicants for hiring child protective services workers. ``(c) Applications.-- ``(1) In general.--Each eligible applicant desiring a grant under this section shall submit an application to the Secretary at such time, in such a manner, and accompanied by such information as the Secretary shall require. ``(2) Contents.--In accordance with the regulations or guidelines established by the Secretary, an application submitted pursuant to paragraph (1) shall-- ``(A) include a long-term strategy and implementation plan that reflects consultation with community groups and appropriate private and public agencies and that is designed to-- ``(i) reduce caseloads of child protective services workers; ``(ii) improve timeliness of response to allegations of child abuse or neglect; ``(iii) improve training and qualifications of child protective services workers to better ensure children's safety; and ``(iv) improve protocols and interagency communication processes related to responding to multiple allegations of child abuse or neglect concerning the same household; ``(B) describe the activities for which grant funds are sought; ``(C) explain the applicant's inability to address the need without such funds; ``(D) identify related governmental and community initiatives which complement or will be coordinated with the proposal; ``(E) attest that funds shall go to the hiring of child protective services workers; ``(F) specify plans for the assumption by the eligible applicant of a progressively larger share of the cost in the course of time, looking toward the continuation of the increased hiring level using State or local sources of funding following the conclusion of the Federal financial support; ``(G) provides assurances that the applicant will satisfy the conditions specified in subsection (d); and ``(H) provide such additional assurances as the Secretary determines to be essential to ensure compliance with the requirements of this section. ``(d) Eligibility for Funding.--For purposes of subsections (a)(1) and (c)(2)(G), the conditions specified in this subsection are the following: ``(1) Records.--The eligible applicant shall maintain a record of all referrals of child abuse or neglect in a manner that is consistent with the confidentiality and recordkeeping provisions under clauses (vii), (viii), (ix), and (xii) of section 106(b)(2)(A) of the Child Abuse Prevention and Treatment Act. ``(2) Additional condition for units of local government.-- In the case of a unit of local government, in addition to satisfying the condition specified in paragraph (1), the unit of local government shall not be eligible for a grant under this section unless the unit of local government demonstrates in its application submitted under subsection (c) that the State in which the unit of local government is located has fulfilled the requirements of sections 106(b) and 107(b) of the Child Abuse Prevention and Treatment Act. ``(e) Use of Funds.-- ``(1) In general.--Funds received pursuant to a grant awarded under this section may not be expended to offset a reduction in any other source of funds. ``(2) Individual worker funding limit.--Out of funds received pursuant to a grant awarded under this section, not more than $50,000 may be used to hire or rehire any child protective services worker, unless the Secretary grants a waiver from this limitation. ``(f) Matching Funds.--The portion of the costs of hiring or rehiring child protective services workers provided by a grant awarded under this section may not exceed 75 percent, unless the Secretary waives, wholly or in part, the requirement under this subsection of a non-Federal contribution to the costs of hiring or rehiring child protective services workers. ``(g) Awarding of Grants.--The Secretary shall ensure that, of the amounts made available to carry out this section for a fiscal year-- ``(1) 50 percent of such funds shall be used to award grants to eligible applicants that have jurisdiction over areas with populations exceeding 150,000; and ``(2) 50 percent of such funds shall be used to award grants to eligible applicants that have jurisdiction over areas with populations of 150,000 or less. ``(h) Regulations.--Not later than 180 days after the date of the enactment of this section, the Secretary shall promulgate regulations to carry out the grant program authorized by this section. ``(i) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, $50,000,000 for each of fiscal years 2011 through 2015.''.

Erin's Law - Amends part B (Child and Family Services) of title IV (Temporary Assistance for Needy Families) (TANF) of the Social Security Act to authorize the Secretary of Health and Human Services (HHS) to award Erin Maxwell memorial grants to eligible Indian tribes or tribal organizations for hiring child protective services workers.

A bill to amend part B of title IV of the Social Security Act to authorize the Secretary of Health and Human Services to award grants to local and tribal governments for hiring child protective services workers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Defense Energy Savings Act of 2004''. SEC. 2. ENERGY SAVINGS PERFORMANCE CONTRACTS. (a) Contracts Authorized.--The Secretary of Defense may enter into an energy savings performance contract under this section for the sole purpose of achieving energy savings and benefits ancillary to that purpose. The Secretary may incur obligations under the contract to finance energy conservation measures so long as guaranteed savings exceed the debt service requirements. (b) Terms and Conditions.-- (1) Contract period.--Notwithstanding any other provision of law, an energy savings performance contract may be for a period of up to 25 years beginning on the date on which the first payment is made by the Secretary pursuant to the contract. The contract need not include funding of cancellation charges (if any) before cancellation, if-- (A) the contract was awarded in a competitive manner, using procedures and methods established under this section; (B) the Secretary determines that funds are available and adequate for payment of the costs of the contract for the first fiscal year; (C) the contract is governed by part 17.1 of the Federal Acquisition Regulation; and (D) if the contract contains a clause setting forth a cancellation ceiling in excess $10,000,000, the Secretary provides notice to Congress of the proposed contract and the proposed cancellation ceiling at least 30 days before the award of the contract. (2) Costs and savings.--An energy savings performance contract shall require the contractor to incur the costs of implementing energy savings measures, including at least the cost (if any) incurred in making energy audits, acquiring and installing equipment, and training personnel, in exchange for a share of any energy savings directly resulting from implementation of such measures during the term of the contract. (3) Other terms and conditions.--An energy savings performance contract shall require an annual energy audit and specify the terms and conditions of any Government payments and performance guarantees. Any such performance guarantee shall provide that either the Government or the contractor is responsible for maintenance and repair services for any energy related equipment, including computer software systems. (c) Limitation on Annual Contract Payments.--Aggregate annual payments by the Secretary to a contractor for energy, operations, and maintenance under an energy savings performance contract may not exceed the amount that the Department of Defense would have paid for energy, operations, and maintenance in the absence of the contract (as estimated through the procedures developed pursuant to this section) during term of the contract. The contract shall provide for a guarantee of savings to the Department, and shall establish payment schedules reflecting such guarantee, taking into account any capital costs under the contract. (d) Rulemaking.--Not later than 90 days after the date of the enactment of this Act, the Secretary, with the concurrence of the Federal Acquisition Regulatory Council, shall issue final rules to establish the procedures and methods for use by the Department of Defense to select, monitor, and terminate energy savings performance contracts in accordance with laws governing Federal procurement that will achieve the intent of this section in a cost-effective manner. In developing such procedures and methods, the Secretary, with the concurrence of the Federal Acquisition Regulatory Council, shall determine which existing regulations are inconsistent with the intent of this section and shall formulate substitute regulations consistent with laws governing Federal procurement. (e) Implementation Procedures and Methods.--The procedures and methods established by rule under subsection (d) shall-- (1) provide for the calculation of energy savings based on sound engineering and financial practices; (2) allow the Secretary to request statements of qualifications, which shall, at a minimum, include prior experience and capabilities of contractors to perform the proposed types of energy savings services and financial and performance information from firms engaged in providing energy savings services; (3) allow the Secretary to presume that a contractor meets the requirements of paragraph (2) if the contractor either-- (A) has carried out contracts with a value of at least $1,000,000,000 with the Federal Government over the previous 10 years; or (B) is listed by a Federal agency pursuant to section 801(b)(2) of the National Energy Policy Act (42 U.S.C. 8287(b)(2)); (4) allow the Secretary to, from the statements received, designate and prepare a list, with an update at least annually, of those firms that are qualified to provide energy savings services; (5) allow the Secretary to select firms from such list to conduct discussions concerning a particular proposed energy savings project, including requesting a technical and price proposal from such selected firms for such project; (6) allow the Secretary to select from such firms the most qualified firm to provide energy savings services based on technical and price proposals and any other relevant information; (7) allow the Secretary to permit receipt of unsolicited proposals for energy savings performance contracting services from a firm that the Department of Defense has determined is qualified to provide such services under the procedures established pursuant to subsection (d) and require facility managers to place a notice in the Commerce Business Daily announcing they have received such a proposal and invite other similarly qualified firms to submit competing proposals; (8) allow the Secretary to enter into an energy savings performance contract with a firm qualified under paragraph (7), consistent with the procedures and methods established pursuant to subsection (d); and (9) allow a firm not designated as qualified to provide energy savings services under paragraph (4) to request a review of such decision to be conducted in accordance with procedures, substantially equivalent to procedures established under section 759(f) of title 40, United States Code, to be developed by the board of contract appeals of the General Services Administration. (f) Transition Rule for Certain Energy Savings Performance Contracts.--In the case of any energy savings performance contract entered into by the Secretary, or the Secretary of Energy, before October 1, 2003, for services to be provided at Department of Defense facilities, the Secretary may issue additional task orders pursuant to such contract and may make whatever contract modifications the parties to such contract agree are necessary to conform to the provisions of this section. (g) Pilot Program for Nonbuilding Applications.-- (1) In general.--The Secretary may carry out a pilot program to enter into up to 10 energy savings performance contracts for the purpose of achieving energy savings, secondary savings, and benefits incidental to those purposes, in nonbuilding applications. (2) Selection.--The Secretary shall select the contract projects to demonstrate the applicability and benefits of energy savings performance contracting to a range of non- building applications. (3) Report.--Not later than three years after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the progress and results of the pilot program. The report shall include a description of projects undertaken; the energy and cost savings, secondary savings and other benefits that resulted from such projects; and recommendations on whether the pilot program should be extended, expanded, or authorized. (h) Definitions.--In this section: (1) Energy savings.--The term ``energy savings'' means a reduction in the cost of energy, from a base cost established through a methodology set forth in the energy savings performance contract, utilized in an existing federally owned building or buildings or other federally owned facilities as a result of-- (A) the lease or purchase of operating equipment, improvements, altered operation and maintenance, increased capacity or payload, or technical services; or (B) the increased efficient use of existing energy sources by cogeneration or heat recovery, excluding any cogeneration process for other than a federally owned building or buildings or other federally owned facilities. (2) Energy savings performance contract.--The term ``energy savings performance contract'' means a contract that provides for the performance of services for the design, acquisition, installation, testing, operation, and, where appropriate, maintenance and repair of an identified energy conservation measure or series of measures at one or more locations. Such contracts-- (A) may provide for appropriate software licensing agreements; and (B) shall, with respect to an agency facility that is a public building, as defined in section 13(l) of the Public Buildings Act of 1959 (40 U.S.C. 612(l)), be in compliance with the prospectus requirements and procedures of section 7 of the Public Buildings Accountability Act of 1959 (40 U.S.C. 606). (3) Nonbuilding application.--The term ``nonbuilding application'' means-- (A) any class of vehicles, devices, or equipment that is transportable under its own power by land, sea, or air that consumes energy from any fuel source for the purpose of such transportability, or to maintain a controlled environment within such vehicle, device, or equipment; or (B) any Federally owned equipment used to generate electricity or transport water. (4) Secondary savings.--The term ``secondary savings'' means additional energy or cost savings that are a direct consequence of the energy savings that result from the energy efficiency improvements that were financed and implemented pursuant to the energy savings performance contract. Such secondary savings may include energy and cost savings that result from a reduction in the need for fuel delivery and logistical support, personnel cost savings and environmental benefits. In the case of electric generation equipment, secondary savings may include the benefits of increased efficiency in the production of electricity, including revenue received by the Federal Government from the sale of electricity so produced. (5) Secretary.--The term ``Secretary'' means the Secretary of Defense.

National Defense Energy Savings Act of 2004 - Authorizes the Secretary of Defense to: (1) enter into an energy savings performance contract in order to achieve energy savings and ancillary benefits; (2) incur obligations under the contract to finance energy conservation measures so long as guaranteed savings exceed the debt service requirements; and (3) implement a pilot program to enter into up to ten energy savings performance contracts for the purpose of achieving energy savings, secondary savings, and incidental benefits, in nonbuilding applications. Sets forth implementation guidelines, including contract terms and conditions.

A bill to expand upon the Department of Defense Energy Efficiency Program required by section 317 of the National Defense Authorization Act of 2002 by authorizing the Secretary of Defense to enter into energy savings performance contracts, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stored Value Device Registration and Reporting Act of 2010''. SEC. 2. DEFINITIONS. (a) Definition of Financial Institution.--Paragraph (2) of section 5312(a) of title 31, United States Code is amended-- (1) by redesignating subparagraphs (Y) and (Z) as subparagraphs (Z) and (AA), respectively; and (2) by inserting after subparagraph (X) the following new subparagraph: ``(Y) a person engaged in the business of-- ``(i) issuing stored value devices; or ``(ii) processing transactions related to a stored value device, including accessing information pertaining to the funds stored on such device, retrieving the funds stored on such device, or adding funds to be stored on such device;''. (b) Definition of Monetary Instruments.--Subparagraph (B) of section 5312(a)(3) of title 31, United States Code, is amended by inserting after ``travelers' checks,'' the following: ``stored value devices,''. (c) Stored Value Device Defined.--Subsection (a) of section 5312 of title 31, United States Code, is amended by adding at the end the following new paragraphs: ``(7) Stored value device defined.--The term `stored value device' means a device that-- ``(A) stores, or is capable of storing, funds represented in electronic format (whether or not specially encrypted) in such a way as to allow such funds to be retrievable and transferable electronically; ``(B) is used to obtain money, goods, services, or any other thing of value, or that can be used to initiate a transfer of funds (other than a transfer originated solely by paper instrument); and ``(C) is not a credit card or a debit card, as such terms are defined by the Secretary of the Treasury.''. SEC. 3. REGISTRATION OF STORED VALUE DEVICE BUSINESSES. (a) In General.--Subchapter II of chapter 53 of title 31, United States Code, is amended by inserting after section 5330 the following new section: ``Sec. 5330A. Registration of stored value device businesses ``(a) Registration With Secretary of the Treasury Required.-- ``(1) In general.--Any person who owns or controls a stored value device business shall register the business (whether or not the business is licensed as a stored value device business in any State) with the Secretary of the Treasury not later than the end of the 180-day period beginning on the later of-- ``(A) the date of the enactment of the Stored Value Device Registration and Reporting Act of 2010; or ``(B) the date on which the business is established. ``(2) Form and manner of registration.--Subject to the requirements of subsection (b), the Secretary of the Treasury shall prescribe, by regulation, the form and manner for registering a stored value device business pursuant to paragraph (1). ``(3) Businesses remain subject to state law.--This section shall not be construed as superseding any requirement of State law relating to stored value device businesses operating in such State. ``(4) False and incomplete information.--The filing of false or materially incomplete information in connection with the registration of a stored value device businesses shall be considered as a failure to comply with the requirements of this subchapter. ``(b) Contents of Registration.--The registration of a stored value device business under subsection (a) shall include the following information: ``(1) The name and location of the business. ``(2) The name and address of each person who-- ``(A) owns or controls the business; ``(B) is a director or officer of the business; or ``(C) otherwise participates in the conduct of the affairs of the business. ``(3) The name and address of any depository institution at which the business maintains a transaction account (as defined in section 19(b)(1)(C) of the Federal Reserve Act). ``(4) An estimate of the volume of business in the coming year (which shall be reported annually to the Secretary). ``(5) Such other information as the Secretary of the Treasury may require. ``(c) Agents of Stored Value Device Business.-- ``(1) Maintenance of lists of agents.--Pursuant to regulations which the Secretary of the Treasury shall prescribe, each stored value device business shall-- ``(A) maintain a list containing the names and addresses of all persons authorized to act as an agent for such business in connection with activities described in subsection (d)(1) and such other information about such agents as the Secretary may require; and ``(B) make the list and other information available on request to any appropriate law enforcement agency. ``(2) Treatment of agent.--The Secretary of the Treasury shall prescribe regulations establishing, on the basis of such criteria as the Secretary determines to be appropriate, a threshold point for treating an agent of a stored value device business as a stored value device business for purposes of this section. ``(d) Stored Value Device Business Defined.--For purposes of this section, the term `stored value device business' means a person other than the United States Postal Service who-- ``(1) is engaged in the business of-- ``(A) issuing stored value devices; or ``(B) processing transactions related to a stored value device, including accessing information pertaining to the funds stored on such device, retrieving the funds stored on such device, or adding funds to be stored on such device; and ``(2) is not a depository institution (as defined in section 5313(g)). ``(e) Civil Penalty for Failure To Comply With Registration Requirements.-- ``(1) In general.--Any person who fails to comply with any requirement of this section or any regulation prescribed under this section shall be liable to the United States for a civil penalty of $5,000 for each such violation. ``(2) Continuing violation.--Each day a violation described in paragraph (1) continues shall constitute a separate violation for purposes of such paragraph. ``(3) Assessments.--Any penalty imposed under this subsection shall be assessed and collected by the Secretary of the Treasury in the manner provided in section 5321 and any such assessment shall be subject to the provisions of such section. ``(f) Small Business Exemption.--The Secretary of the Treasury shall prescribe regulations establishing, on the basis of such criteria as the Secretary determines to be appropriate, a threshold point under which small stored value device businesses will not be required to register under this section.''. (b) Clerical Amendment.--The table of sections for chapter 53 of title 31, United States Code, is amended by inserting after the item relating to section 5330 the following new item: ``5330A. Registration of stored value device businesses.''. SEC. 4. STORED VALUE DEVICE STUDY. (a) In General.--The Secretary of the Treasury, in consultation with the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence, shall carry out a study on stored value devices. Such study shall include-- (1) an analysis of the extent to which stored value devices are used for the purpose of providing-- (A) payments related to drug trafficking; (B) payments related to human trafficking; or (C) financial support to terror cells operating within the United States; (2) an analysis of the extent to which stored value devices issued by foreign entities are being utilized in the United States, including the typical countries of origin of such devices and the typical values of such devices when imported into the United States; (3) an analysis of the extent to which stored value devices issued by United States entities are being utilized outside the United States, including the typical locations where value is added to such device and where value is typically subtracted internationally; (4) an identification of any trends in stored value addition and subtraction that appear to be associated with drug trafficking or human trafficking; (5) a list of stored value device types which are now or may soon be used for money trafficking; (6) recommendations on methods to collect data related to stored value device transactions for purposes of law enforcement and intelligence analysis in a manner consistent with the Foreign Intelligence Surveillance Act and privacy laws; and (7) an analysis of whether requiring certain information to be printed, or otherwise made available, on stored value devices would help customs and law enforcement officers identify such devices and track the origins of such devices, where such information could include the name and address of the device issuer, the maximum value of funds that can be stored on such device, and the fact that the device is a stored value device. (b) Report.--Not later than the end of the 180-day period beginning on the date of the enactment of this Act, the Secretary of the Treasury shall submit a report to the Congress containing all findings and determinations made in carrying out the study required under subsection (a). (c) Stored Value Device Defined.--For purposes of this section, the term ``stored value device'' shall have the meaning given such term under section 5312(a)(7) of title 31, United States Code.

Stored Value Device Registration and Reporting Act of 2010 - Treats as a financial institution subject to federal regulation any person engaged in the business of issuing stored value devices or processing transactions related to such devices, including accessing information pertaining to the funds stored on a device, retrieving such funds, or adding funds to be stored on the device. Treats such stored value devices as monetary instruments. Prescribes procedures for mandatory registration of such devices with the Secretary of the Treasury. Subjects to a civil penalty noncompliance with such requirement Instructs the Secretary to: (1) prescribe regulations establishing a threshold point under which small stored value device businesses are exempt from such registration requirements; and (2) study and report to Congress on specified uses of such devices, including the extent to which they are used to provide payments related to drug trafficking and human trafficking or financial support to terror cells operating within the United States.

To amend section 5316 of title 31, United States Code, to establish a reporting requirement for any stored value device carried out of, into, or through the United States, to establish registration requirements for stored value device businesses, and for other purposes.

SECTION 1. SHORT TITLE AND REFERENCE. (a) Short Title.--This Act may be cited as the ``Lobbying Disclosure Technical Amendments Act of 1996''. (b) Reference.--Whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Lobbying Disclosure Act of 1995. SEC. 2. DEFINITION OF COVERED EXECUTIVE BRANCH OFFICIAL. Section 3(3)(F) (2 U.S.C. 1602(3)(F)) is amended by striking ``7511(b)(2)'' and inserting ``7511(b)(2)(B)''. SEC. 3. CLARIFICATION OF EXCEPTION TO LOBBYING CONTACT. (a) Certain Communications.--Section 3(8)(B)(ix) (2 U.S.C. 1602(8)(B)(ix)) is amended by inserting before the semicolon the following: ``, including any communication compelled by a Federal contract, grant, loan, permit, or license''. (b) Definition of ``Public Official''.--Section 3(15)(F) (2 U.S.C. 1602(15)(F)) is amended by inserting ``, or a group of governments acting together as an international organization'' before the period. SEC. 4. INTERESTS. (a) Section 4.--Section 4(b)(4)(C) (2 U.S.C. 1603(b)(4)(C)) is amended by striking ``direct interest'' and inserting ``significant direct interest''. (b) Section 5.--Section 5(b)(2)(D) (2 U.S.C. 1604(b)(2)(D)) is amended by striking ``of the interest, if any,'' and inserting ``of any significant direct interest''. (c) Section 14.--Section 14 (2 U.S.C. 1609) is amended-- (1) in subsection (a)(2), by striking ``a direct interest'' and inserting ``a significant direct interest''; and (2) in subsection (b)(2), by striking ``a direct interest'' and inserting ``a significant direct interest''. SEC. 5. ESTIMATES BASED ON TAX REPORTING SYSTEM. (a) Section 15(a).--Section 15(a) (2 U.S.C. 1610 (a)) is amended-- (1) by striking ``A registrant'' and inserting ``A person, other than a lobbying firm,''; and (2) by amending paragraph (2) to read as follows: ``(2) for all other purposes consider as lobbying contacts and lobbying activities only-- ``(A) lobbying contacts with covered legislative branch officials (as defined in section 3(4)) and lobbying activities in support of such contacts; and ``(B) lobbying of Federal executive branch officials to the extent that such activities are influencing legislation as defined in section 4911(d) of the Internal Revenue Code of 1986.''.<plus-minus> (b) Section 15(b).--Section 15(b) (2 U.S.C. 1610(b)) is amended-- (1) by striking ``A registrant that is subject to'' and inserting ``A person, other than a lobbying firm, who is required to account and does account for lobbying expenditures pursuant to''; and (2) by amending paragraph (2) to read as follows: ``(2) for all other purposes consider as lobbying contacts and lobbying activities only-- ``(A) lobbying contacts with covered legislative branch officials (as defined in section 3(4)) and lobbying activities in support of such contacts; and ``(B) lobbying of Federal executive branch officials to the extent that amounts paid or costs incurred in connection with such activities are not deductible pursuant to section 162(e) of the Internal Revenue Code of 1986.''. (c) Section 5(c).--Section 5(c) (2 U.S.C. 1604(c)) is amended by striking paragraph (3). SEC. 6. DISCLOSURE OF INDIVIDUAL REGISTERED LOBBYISTS. Section 5(b) (2 U.S.C. 1604(b))-- (1) in paragraph (2), by inserting ``and'' at the end of subparagraph (B), by striking subparagraph (C), and by redesignating subparagraph (D) as subparagraph (C), and (2) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively, and by adding after paragraph (1) the following: ``(2) a list of employees of the registrant who acted as lobbyists on behalf of the client during the semi-annual reporting period;''. SEC. 7. EXEMPTION BASED ON REGISTRATION UNDER LOBBYING ACT. Section 3(h) of the Foreign Agents Registration Act of 1938 (22 U.S.C. 613(h)) is amended by striking ``is required to register and does register'' and inserting ``has engaged in lobbying activities and has registered''. SEC. 8. FURNISHING INFORMATION. (a) Information to Agency or Official of Government.--Section 4(e) of the Foreign Agents Registration Act of 1938 (22 U.S.C. 614(e)) is amended-- (1) by striking ``political propaganda'' and inserting ''informational materials''; and (2) by striking ``the propaganda'' and inserting ``the informational materials''. (b) Reports.--Section 11 of the Foreign Agents Registration Act of 1938 (22 U.S.C. 621) is amended by striking ``political propaganda'' and inserting ``informational materials''. Passed the House of Representatives July 29, 1996. Attest: ROBIN H. CARLE, Clerk.

Lobbying Disclosure Technical Amendments Act of 1996 - Makes technical amendments to the Lobbying Disclosure Act of 1995. Amends the Foreign Agents Registration Act of 1938 to exempt from its requirements a foreign agent if the agent has engaged in lobbying activities and has registered under the Lobbying Disclosure Act of 1995.

Lobbying Disclosure Technical Amendments Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Kenai Natives Association Equity Act of 1994''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) the United States Fish and Wildlife Service and Kenai Natives Association, Inc. (KNA), have agreed to an exchange and acquisition program pursuant to Public Law 102-458, of lands and interests in lands in and near the Kenai National Wildlife Refuge (Refuge); (2) this acquisition of and exchange of lands will significantly enhance the ability of the Service to conserve fish and wildlife populations and habitats, fulfill migratory bird treaties, ensure water quality and quantity, provide opportunities for environmental research and education, improve access to fish and wildlife oriented recreation, and further enhance the Refuge management objectives; (3) the amount to be paid for the Swanson River Road West Tract, the sole issue upon which the Service and KNA could not agree, is established by Congress at $7,500,000; and (4) it is in the public interest to complete this exchange, and to provide for the economic and beneficial use of lands conveyed to KNA in fulfillment of the purpose of the Alaska Native Claims Settlement Act of 1971, as amended (43 U.S.C. 1601 et seq.) (Settlement Act). (b) Purpose.--The purpose of this Act is to authorize and direct the Secretary to complete an exchange and acquisition as provided by Public Law 102-458 of lands owned by KNA that will provide for and enhance the management opportunities and objectives of the Refuge, and assist KNA in achieving economic viability and use of its retained lands in furtherance of the Settlement Act. SEC. 3. DEFINITIONS. For purposes of this Act, the term-- (1) ``ANILCA'' means the Alaska National Interest Lands Conservation Act, as amended (16 U.S.C. 3101 et seq.); (2) ``conservation system unit'' has the same meaning as in ANILCA; (3) ``KNA'' means the Kenai Natives Association, Inc., an urban corporation incorporated in the State of Alaska pursuant to the terms of the Settlement Act; (4) ``lands'' means both the surface and subsurface estates or any interest therein whenever both estates are owned by the United States or KNA, as applicable; (5) ``property'' has the same meaning given such term by section 12(b)(7) of the Settlement Act; (6) ``refuge'' means the Kenai National Wildlife Refuge; (7) ``Secretary'' means the Secretary of the Interior; (8) ``Service'' means the United States Fish and Wildlife Service; and (9) ``Settlement Act'' means the Alaska Native Claims Settlement Act of 1971, as amended (43 U.S.C. 1601 et seq.). SEC. 4. EXCHANGE AND ACQUISITION OF LANDS (a) Exchange of Lands; Acquisition and Equalization Payment.-- (1) In general.--No later than June 1, 1995, the Secretary shall offer to convey to KNA, in accordance with the provisions of the report to Congress issued pursuant to Public Law 102-458 and subject to the provisions of paragraph (3) and valid existing rights, approximately 1,831 acres of land, portions of the Federal subsurface estate underlying the same, and portions of the Federal subsurface estate underlying another 3,238 acres, all as identified in subsection (b)(2), in exchange for approximately 14,338 acres of KNA land, and the relinquishment by KNA of its unpatented selections and all entitlement to selections under the Settlement Act, consisting of approximately 1,207 acres, all located within the Refuge and identified in subsection (b)(1). The Secretary shall develop the offer required by this section in consultation with KNA. (2) Limitation.--The Secretary may not convey any lands or make any payment to KNA under this section unless title to the lands to be conveyed by KNA in exchange for such lands and payments is in accordance with the Department of Justice standards for preparation of title evidence in land acquisitions by the United States. (3) Sources of funds.--The Secretary shall utilize any combination of Land and Water Conservation Act of 1965 funds, funds otherwise appropriated by the Congress, Exxon Valdez Oil Spill settlement funds, and lands or other Federal property within the Secretary's jurisdiction as payment to KNA to equalize the values in the exchange. (4) Interest.--If a bonafide offer required by this section is not made by June 1, 1995, interest on the value of the property and interests to be conveyed to KNA shall accrue beginning October 1, 1993. (b) Exchange and Acquisition Lands.-- (1) KNA lands to be acquired.--The lands or interests to be conveyed by KNA to the United States, all situated within the existing authorized boundary of the Refuge, and identified on the map titled ``Kenai Natives Association, Inc. and United States Fish and Wildlife Service Negotiated Exchange/ Acquisition Package,'' dated October 1993, on file and available for inspection in the Office of the Secretary, generally include, subject to reservations of existing road easements-- (A) approximately 803 acres located along the Kenai River, known as the Stephanka Tract; (B) approximately 1,243 acres located along the Moose River, known as the Moose River Patented Lands Tract; (C) approximately 2,120 acres located along Marathon Road, known as the Beaver Creek Tract; (D) approximately 10,172 acres located along the Swanson River Road and the Sunken Island Lake Road, known as the Swanson River Road West Tract; (E) all of the remaining KNA selections under the Settlement Act, consisting of approximately 1,207 acres, are hereby relinquished and all remaining entitlement of KNA is hereby extinguished; and (F) an easement for access to and use of less than one acre of land, located in the NE\1/4\ NE\1/4\ of section 24, T.6N., R.9W., Seward Meridian, within the Swanson River Road East Tract, for so long as the site is used by the Service as a radio communications repeater site. (2) Lands to be exchanged.--The lands or interests to be conveyed by the United States to KNA, and identified (except for the parcel identified in subparagraph (A)) on the map titled ``Kenai Natives Association, Inc. and United States Fish and Wildlife Service Negotiated Exchange/Acquisition package,'' dated October 1993, on file and available for inspection in the Office of the Secretary, generally include, subject to reservations of existing road easements-- (A) approximately five acres, located within the city of Kenai, Alaska, identified as United States Survey 1435, and known as the old Fish and Wildlife Service Headquarters site; (B) approximately 1,826 acres located along the Swanson River Road, known as the Swanson River Road East Tract; and (C) the subsurface estate (less oil, coal, and gas) to approximately 5,064 acres, including approximately 1,826 acres underlying the Swanson River Road East Tract and approximately 3,238 adjacent acres underlying lands previously patented to KNA which are located east of the Swanson River Road. (3) Acquisition authority.--The lands identified for acquisition by the United States, specifically identified on the maps referenced in subsection (c) as the Stephanka Tract, the Beaver Creek Tract, and the Moose River Patented Lands Tract, collectively referred to as the ``Kenai River Project'', may be acquired by the United States pursuant to the Land and Water Conservation Fund Act of 1965. (4) National register of historic places.--Upon completion of the exchange authorized in subsection (a), the Secretary shall promptly undertake to nominate the Stephanka Tract to the National Register of Historic Places, in recognition of the archeological artifacts from the original Kenaitze Indian settlement. (5) Valuations.--This exchange and acquisition shall be accomplished utilizing the valuations established in the report to Congress issued pursuant to Public Law 102-458, with the exception of the Swanson River Road West Tract which value is established at $7,500,000. (c) General Provisions.-- (1) Removal of restrictions.--(A) Those lands retained by KNA, and those parcels within the Refuge, including designated wilderness, conveyed to KNA pursuant to the terms of this Act, shall be removed in their entirety from inclusion within the boundaries of the Refuge by operation of this Act. Such removal from the boundaries of the Refuge shall terminate any application of Federal management and patent restrictions applicable to lands within the Refuge for which conveyance was made pursuant to the terms of the Settlement Act or any other law or regulation applicable solely to Federal lands. (B) The Secretary shall execute and file such instruments as are necessary to convey lands and remove the restrictions referred to in this section at the time of the conveyances provided in subsection (a)(1). (C) Any lands KNA shall receive from the United States pursuant to this Act shall be deemed to have been conveyed pursuant to the Settlement Act. (2) Maps and legal descriptions.--The maps described in this section and a legal description of the lands depicted on the maps shall be on file and available for public inspection in the appropriate offices of the United States Department of the Interior. Not later than 120 days after the day of enactment of this Act, the Secretary shall prepare a legal description of the lands depicted on the maps referred to in this section. Such maps and legal descriptions shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors. (3) Acceptance.--KNA may accept the offer made pursuant to subsection (a) by notifying the Secretary in writing of its decision within 120 days of receipt of the offer. In the event the offer is rejected, the Secretary shall submit a report to Congress describing the reasons why agreement was not reached. (4) Final maps.--Not later than 120 days after the conclusion of the exchange authorized by subsection (a), the Secretary shall transmit a final report and maps accurately depicting the lands transferred and conveyed pursuant to this Act and the acreage and legal descriptions of such lands to the Committee on Natural Resources and the Committee on Merchant Marine and Fisheries of the House of Representatives and the Committee on Energy and Natural Resources and the Committee on Environment and Public Works of the Senate. SEC. 5. ADJUSTMENTS TO NATIONAL WILDLIFE REFUGE SYSTEM. (a) Addition to the Kenai National Wildlife Refuge.--The Secretary shall add the lands conveyed to the United States pursuant to subsection (a)(1) to the Refuge. The Secretary shall manage such lands in accordance with the provisions of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd-668ee) and ANILCA. (b) Kenai National Wildlife Refuge Boundary Adjustment.--The boundaries of the Refuge as set forth in section 303(4)(A) of ANILCA are hereby adjusted to include those lands generally depicted on the map described in section 4(c)(4) entitled ``Proposed Boundary Extension'', dated October 1993. (c) Addition to Wilderness Area.--Upon acquisition of lands by the United States pursuant to section 4(a)(1), that portion of the Stephanka Tract lying south and west of the Kenai River, consisting of approximately 592 acres and as generally depicted as ``To be included in wilderness'' on the map referenced in section 4(b)(1), shall be included in and managed as part of the Kenai Wilderness. Upon their inclusion into the Kenai Wilderness, such lands shall be managed in accordance with the applicable provisions of the Wilderness Act and ANILCA. (d) Removal of Conveyed Lands From Wilderness Area.--Upon conveyance to KNA of those lands under section 4(b)(2), a portion of which is currently designated wilderness, consisting of approximately 623.5 acres and identified as ``To be removed from wilderness'' on the map referenced in section 4(b)(2), such lands are removed from the Kenai Wilderness and the National Wilderness Preservation System. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out the purposes of this Act. SEC. 7. LIMITATION ON APPLICATION OF REQUIREMENT FOR ACQUISITIONS BY UNITED STATES UNDER MIGRATORY BIRD CONSERVATION ACT. Section 7 of the Migratory Bird Conservation Act (16 U.S.C. 715f) is amended by inserting ``in fee'' after ``conveyance''. Passed the House of Representatives October 3, 1994. Attest: DONNALD K. ANDERSON, Clerk.

Kenai Natives Association Equity Act of 1994 - Provides for the exchange and acquisition of specified lands in Alaska between the United States and the Kenai Natives Association, Inc. Directs the Secretary of the Interior to nominate the Stephanka Tract to the National Register of Historic Places upon completion of such exchange. States that certain of such lands shall be added to the Kenai National Wildlife Refuge and the Kenai Wilderness. Authorizes appropriations.

Kenai Natives Association Equity Act of 1994

SECTION 1. SHORT TITLE; FINDINGS; PURPOSE. (a) Short Title.--This Act may be cited as the ``World Trade Organization Dispute Settlement Review Commission Act''. (b) Findings.--Congress finds the following: (1) The United States joined the World Trade Organization (in this Act referred to as the ``WTO'') as an original member with the goal of creating an improved global trading system and providing expanded economic opportunities for United States firms and workers, while preserving United States sovereignty. (2) The American people must receive assurances that United States sovereignty will be protected, and United States interests will be advanced, within the global trading system which the WTO will oversee. (3) The WTO's dispute settlement rules are meant to enhance the likelihood that governments will observe their WTO obligations. These dispute settlement rules will help ensure that the United States will reap the full benefits of its participation in the WTO. (4) United States support for the WTO depends on obtaining mutual trade benefits through the openness of foreign markets and the maintenance of effective United States and WTO remedies against unfair and otherwise harmful trade practices. (5) Congress passed the Uruguay Round Agreements Act based on its understanding that effective trade remedies would not be eroded. These remedies are essential to continue the process of opening foreign markets to imports of goods and services and to prevent harm to American industry and agriculture. (6) In particular, WTO dispute panels and the Appellate Body should-- (A) operate with fairness and in an impartial manner; (B) not add to the obligations, or diminish the rights, of WTO members under the Uruguay Round Agreements; and (C) observe the terms of reference and any applicable WTO standard of review. (c) Purpose.--It is the purpose of this Act to provide for the establishment of the WTO Dispute Settlement Review Commission to achieve the objectives described in subsection (b)(6). SEC. 2. DEFINITIONS. In this Act: (1) Adverse finding.--The term ``adverse finding'' means-- (A) in a panel or Appellate Body proceeding initiated against the United States, a finding by the panel or the Appellate Body that, any law or regulation of, or application thereof by, the United States, or any State, is inconsistent with the obligations of the United States under a Uruguay Round Agreement (or nullifies or impairs benefits accruing to a WTO member under such an Agreement); or (B) in a panel or Appellate Body proceeding in which the United States is a complaining party, any finding by the panel or the Appellate Body that a measure of the party complained against is not inconsistent with that party's obligations under a Uruguay Round Agreement (or does not nullify or impair benefits accruing to the United States under such an Agreement). (2) Affirmative report.--The term ``affirmative report'' means a report described in section 234(b)(2) which contains affirmative determinations made by the Commission under paragraph (3) of section 4(a). (3) Appellate body.--The term ``Appellate Body'' means the Appellate Body established by the Dispute Settlement Body pursuant to Article 17.1 of the Dispute Settlement Understanding. (4) Dispute settlement body.--The term ``Dispute Settlement Body'' means the Dispute Settlement Body established pursuant to the Dispute Settlement Understanding. (5) Dispute settlement panel; panel.--The terms ``dispute settlement panel'' and ``panel'' mean a panel established pursuant to Article 6 of the Dispute Settlement Understanding. (6) Dispute settlement understanding.--The term ``Dispute Settlement Understanding'' means the Understanding on Rules and Procedures governing the Settlement of Disputes referred to in section 101(d)(16) of the Uruguay Round Agreements Act. (7) Terms of reference.--The term ``terms of reference'' has the meaning given such term in the Dispute Settlement Understanding. (8) Trade representative.--The term ``Trade Representative'' means the United States Trade Representative. (9) Uruguay round agreement.--The term ``Uruguay Round Agreement'' means any of the Agreements described in section 101(d) of the Uruguay Round Agreements Act. (10) World trade organization; wto.--The terms ``World Trade Organization'' and ``WTO'' mean the organization established pursuant to the WTO Agreement. (11) WTO agreement.--The term ``WTO Agreement'' means the Agreement Establishing the World Trade Organization entered into on April 15, 1994. SEC. 3. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established a commission to be known as the World Trade Organization Dispute Settlement Review Commission (in this Act referred to as the ``Commission''). (b) Membership.-- (1) Composition.--The Commission shall be composed of 5 members, all of whom shall be retired judges of the Federal judicial circuits, and who shall be appointed by the President, after consultation with the Majority Leader and Minority Leader of the House of Representatives, the Majority Leader and Minority Leader of the Senate, the chairman and ranking member of the Committee on Ways and Means of the House of Representatives, and the chairman and ranking member of the Committee on Finance of the Senate. (2) Date of appointment.--The appointments of the members of the Commission shall be made not later than 90 days after the date of enactment of this Act. (c) Period of Appointment; Vacancies.-- (1) In general.--Members of the Commission first appointed shall each be appointed for a term of 5 years. (2) Subsequent terms.--After the initial 5-year term, 3 members of the Commission shall be appointed for terms of 3 years and the remaining 2 members shall be appointed for terms of 2 years. (3) Vacancies.-- (A) In general.--Any vacancy on the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment and shall be subject to the same conditions as the original appointment. (B) Unexpired term.--An individual chosen to fill a vacancy shall be appointed for the unexpired term of the member replaced. (d) Meetings.-- (1) Initial meeting.--Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (2) Subsequent meetings.--The Commission shall meet subsequently at the call of the chairperson. (e) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (f) Chairperson and Vice Chairperson.--The Commission shall select a chairperson and vice chairperson from among its members. (g) Affirmative Determinations.--An affirmative vote by a majority of the members of the Commission shall be required for any affirmative determination by the Commission under section 4. SEC. 4. DUTIES OF THE COMMISSION. (a) Review of World Trade Organization Dispute Settlement Reports.-- (1) In general.--The Commission shall review-- (A) all reports of dispute settlement panels or the Apellate Body of the WTO in proceedings initiated by other parties to the WTO that are adverse to the United States and that are adopted by the Dispute Settlement Body; and (B) upon request of the Trade Representative, the chairman or ranking member of the Committee on Ways and Means of the House of Representatives, or the chairman or ranking member of the Committee on Finance of the Senate, any other report of a dispute settlement panel, or the Appellate Body that is adopted by the Dispute Settlement Body. (2) Scope of review.--In the case of a report described in paragraph (1), the Commission shall conduct a complete review and determine whether the panel or Appellate Body, as the case may be-- (A) exceeded its authority or its terms of reference; (B) added to the obligations, or diminished the rights of the United States under the Uruguay Round Agreement that is the subject of the report; (C) acted arbitrarily or capriciously, engaged in misconduct, or demonstrably departed from the procedures specified for panels and Appellate Bodies in the applicable Uruguay Round Agreement; and (D) deviated from the applicable standard of review, including in antidumping, countervailing duty, and other unfair trade remedy cases, the standard of review set forth in Article 17.6 of the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade, 1994. (3) Affirmative determination.--If the Commission makes an affirmative determination with respect to the action of a panel or an Appellate Body under subparagraph (A), (B), (C), or (D) of paragraph (2), the Commission shall determine whether the action of the panel or Appellate Body materially affected the outcome of the report of the panel or Appellate Body. (b) Determination; Report.-- (1) Determination.--Not later than 120 days after the date that a report of a panel or Appellate Body described in subsection (a) is adopted by the Dispute Settlement Body, the Commission shall make a written determination with respect to matters described in subsection (a) (2) and (3). (2) Reports.--The Commission shall report the determination described in paragraph (1) to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate. SEC. 5. POWERS OF THE COMMISSION. (a) Hearings.--The Commission may hold any hearings, sit and act at any time and place, take any testimony, and receive any evidence as the Commission considers advisable to carry out the purposes of this Act. The Commission shall provide reasonable notice of a hearing held pursuant to this subsection. (b) Information From Interested Parties and Federal Agencies.-- (1) Notice of panel or appellate body report.--The Trade Representative shall advise the Commission not later than 5 days after the date the Dispute Settlement Body adopts the report of a panel or Appellate Body that is adverse to the United States and shall immediately publish notice of that advice in the Federal Register, along with notice of an opportunity for interested parties to submit comments to the Commission. (2) Submissions and requests for information.--Any interested party may submit comments to the Commission regarding the panel or Appellate Body report. The Commission may also secure directly from any Federal department or agency any information the Commission considers necessary to carry out the provisions of this Act. Upon request of the chairperson of the Commission, the head of that department or agency shall furnish the requested information to the Commission. (3) Access to panel and appellate body documents.-- (A) In general.--The Trade Representative shall make available to the Commission all submissions and relevant documents relating to the panel or Appellate Body report, including any information contained in submissions identified by the provider of the information as proprietary information or information treated as confidential by a foreign government. (B) Public access.--Any document which the Trade Representative submits to the Commission shall be available to the public, except information which is identified as proprietary or confidential. (4) Assistance from federal agencies; confidentiality.-- (A) Administrative assistance.--Any agency or department of the United States that is designated by the President shall provide administrative services, funds, facilities, staff, or other support services to the Commission to assist the Commission with the performance of the Commission's functions. (B) Confidentiality.--The Commission shall protect from disclosure any document or information submitted to it by a department or agency of the United States which the agency or department requests be kept confidential. The Commission shall not be considered to be an agency for purposes of section 552 of title 5, United States Code.

World Trade Organization Dispute Settlement Review Commission Act - Establishes the World Trade Organization Dispute Settlement Review Commission to review: (1) all reports of dispute settlement panels or the Appellate Body of the World Trade Organization (WTO) in proceedings initiated by other parties to the WTO that are adverse to the United States and that are adopted by the Dispute Settlement Body; and (2) upon the request of U.S. Trade Representative or specified congressional officials, any other report of a dispute settlement panel, or the Appellate Body that is adopted by the Dispute Settlement Body. Requires the Commission, with respect to such reports that are adverse to the United States and adopted by the Dispute Settlement Body, to conduct a review and determine whether the panel or Appellate Body: (1) exceeded its authority or its terms of reference; (2) added to the obligations, or diminished U.S. rights under the Uruguay Round Agreement that is the subject of the report; (3) acted arbitrarily or capriciously, engaged in misconduct, or demonstrably departed from the procedures specified for panels and Appellate Bodies in the applicable Uruguay Round Agreement; and (4) deviated from the applicable standard of review, including in antidumping, countervailing duty, and other unfair trade remedy cases, the standard of review set forth in Article 17.6 of the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade (GATT), 1994. Requires the Commission, if it makes an affirmative determination about the action of a panel or an Appellate Body, to determine further whether the action materially affected the outcome of the report.

A bill to establish a WTO Dispute Settlement Review Commission, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rebuilding American Homeownership Act of 2013''. SEC. 2. DEFINITIONS. In this Act, the following definitions shall apply: (1) Current borrower.--The term ``current borrower'' means a mortgagor that-- (A) has made each payment on an eligible mortgage, within the month in which the payment was due, during the 6-month period preceding the date of refinancing of the eligible mortgage under this Act; and (B) has not been more than 30 days delinquent on an eligible mortgage more than once during the 1-year period preceding the date of refinancing of the mortgage under this Act. (2) Director.--The term ``Director'' means the Director of the Federal Housing Finance Agency. (3) Eligible mortgage.--The term ``eligible mortgage''-- (A) means any mortgage that-- (i) is an existing first mortgage-- (I) that was made for purchase of, or refinancing of another first mortgage, on a 1- to 4-family owner- occupied dwelling, including a condominium or a share in a cooperative ownership housing association; and (II) with a current loan-to-value ratio in excess of 80 percent, but not greater than 140 percent; (ii) was originated on or before May 31, 2009; (iii) is not owned or guaranteed by an enterprise; and (iv) with respect to which, the mortgagor is a current borrower; and (B) does not include any mortgage that is insured or guaranteed by any program of the Federal Housing Administration, the Department of Housing and Urban Development, the Government National Mortgage Association, the Department of Agriculture, or the Department of Veterans Affairs. (4) Enterprise.--The term ``enterprise'' means the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation. (5) Guarantee fee.--The term ``guarantee fee'' has the same meaning as in section 1327(a) of the Housing and Community Development Act of 1992 (12 U.S.C. 4547(a)). SEC. 3. REFINANCING AUTHORITY. (a) Enterprise Refinancing Authority.-- (1) Program.--Each enterprise shall establish and carry out a program under this section to provide for the refinancing of eligible mortgages. (2) Authority.--Notwithstanding any provision of the Federal National Mortgage Association Charter Act (12 U.S.C. 1716 et seq.) and the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1451 et seq.), in carrying out the refinancing program required under paragraph (1), an enterprise may purchase, guarantee, service, sell, lend on the security of, refinance, or otherwise deal in eligible mortgages. (b) Implementation Authority.-- (1) In general.--Subject to paragraph (2), each enterprise may prescribe any requirements, terms, and conditions that such enterprise determines necessary to carry out the refinancing program required under subsection (a), including with respect to any underwriting criteria, such as-- (A) verification of a borrower's employment, income, reserves, and assets; (B) a borrower's credit history; (C) property valuation requirements; (D) representations and warranties; (E) eligible property type and occupancy requirements; and (F) continuation of the second-lien position, or release, of any junior liens on the property. (2) Existing credit enhancements to be retained.--In order to participate in the refinancing program required under subsection (a), an eligible mortgage with existing credit enhancement coverage must continue to maintain or otherwise transfer such coverage to the new mortgage that is a result of the refinancing of the eligible mortgage authorized by this section. (3) Maximum term of the new mortgage.--The term of any new mortgage that is a result of the refinancing of an eligible mortgage authorized by this section shall not exceed 30 years. (4) Maximum loan amount.--The maximum original principal obligation of any new mortgage that is a result of the refinancing of an eligible mortgage authorized by this section shall not exceed the limitation in law governing the maximum original principal obligation on conventional mortgages that may be purchased or guaranteed by an enterprise, as such law is in effect on the date of the closing of the new mortgage. (c) Regulations.--The Director may issue any regulations, guidance, or directives necessary to carry out the refinancing program required under subsection (a). SEC. 4. GUARANTEE FEES. (a) Requirement To Charge a Guarantee Fee.--Each enterprise shall charge a guarantee fee in connection with any guarantee of the timely payment of principal and interest on securities, notes, and other obligations based on or backed by eligible mortgages refinanced under this Act. (b) Amount.-- (1) In general.--The amount of the guarantee fee required to be charged by an enterprise pursuant to subsection (a) shall be actuarially determined by the Director to cover the expected risk of default on the pool of eligible mortgages refinanced under this Act backing the security, note, or other obligation to which the enterprises' guarantee applies. (2) Rule of construction.--In calculating the expected risk of default pursuant to paragraph (1), the Director shall ensure that any default probability assumptions used to model such risk-- (A) are reasonable, including with respect to the arrival rate of default and the magnitude risk of default; and (B) are not unduly weighted to cover historical stress or crisis scenarios. (3) Prohibition on additional charges.--In determining the amount of any guarantee fee required to be charged pursuant to subsection (a), neither the Director nor an enterprise may charge any additional fee, price adjustment, premium, or other amount other than that which is determined in accordance with paragraph (1). (4) Prohibition on offsets.--The Director shall prohibit an enterprise from offsetting the cost of the guarantee fee required to by charged pursuant to subsection (a) to mortgage originators, borrowers, and investors by decreasing other charges, fees, or premiums, or in any other manner. (c) Authority To Limit Offer of Guarantee.--The Director shall prohibit an enterprise from consummating any offer for a guarantee on any security, note, or other obligation based on or backed by eligible mortgages refinanced under this Act, if the guarantee is inconsistent with the requirements of this section. SEC. 5. REPORTS. The Director shall include, in the annual report submitted to the Congress pursuant to section 1319B of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4521), information on the use and impact of the program established under section 3. The information provided shall include-- (1) a review and analysis of the effectiveness of the program in-- (A) reducing the rate of mortgage default and delinquency; (B) preventing foreclosure; and (C) supporting stable homeownership; and (2) any recommendations the Director considers appropriate regarding the program. SEC. 6. SUNSET. (a) Termination.--The provisions of this Act, and any program or authorities established or granted therein or derived therefrom, shall terminate on December 31, 2014. (b) Extension.--The Director, upon transmission of a written notification to Congress, may extend the authorities provided under this Act for a 1-year period.

Rebuilding American Homeownership Act of 2013 - Requires the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) (Government sponsored enterprises or GSEs) to establish a program to provide for the refinancing of eligible mortgages. Authorizes a GSE to purchase, guarantee, service, sell, lend on the security of, refinance, or otherwise deal in eligible mortgages in carrying out such program. Defines eligible mortgage as an existing first mortgage: (1) made for purchase of, or refinancing of another first mortgage, on a 1- to 4-family owner-occupied dwelling; (2) with a current loan-to-value ratio between 80% and 140%; (3) originated on or before May 31, 2009; and (4) not owned or guaranteed by a GSE. Requires the mortgagor to be a current borrower. Excludes from eligibility any mortgage insured or guaranteed by any program of the Federal Housing Administration (FHA), the Department of Housing and Urban Development (HUD), the Government National Mortgage Association (Ginnie Mae), the Department of Agriculture (USDA), or the Department of Veterans Affairs (VA). Requires that an eligible mortgage with existing credit coverage, in order to participate in the refinancing program, must continue to maintain or otherwise transfer such coverage to the new mortgage. Sets the maximum term of the new mortgage at 30 years, and the maximum original principal obligation at the legal limit for conventional mortgages a GSE may purchase or guarantee. Requires each GSE to charge a fee for any guarantee of the new mortgage.

Rebuilding American Homeownership Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``The No Pay Raise for Congress Until the Budget is Balanced Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Article I, section 9, of the United States Constitution makes Congress responsible for all money drawn from the United States Treasury. (2) The United States national debt now exceeds $12,600,000,000,000. (3) The Federal budget deficit is projected to amount to $1,300,000,000,000 for fiscal year 2010 and the annual deficits will average nearly $1,000,000,000,000 for the next decade, according to the Congressional Budget Office. (4) Each American's share of the United States national debt amounts to more than $41,000. (5) The United States national debt increases more than $4,000,000,000 each day. (6) Foreign investors held 48 percent of the United States' outstanding public debt at the end of 2009, including $776,400,000,000 the United States owes to Communist China. (7) For the first time ever, the Federal budget deficit has been singled out as the most important issue facing the future of the country, according to a Gallup poll conducted between March 4 and March 7, 2010. (8) Eighty-three percent of Americans say the size of the Federal budget deficit is due to the unwillingness of politicians to cut Government spending and just 11 percent think the Government spends taxpayers' money wisely, according to a national survey conducted between February 2 and February 3, 2010, by Rasmussen Reports. (9) More than twice as many United States adults (58 percent) say that debt owed to China is a more serious threat to the long-term security and well-being of the United States than is terrorism from radical Islamic terrorists (27 percent), according to a Zogby Interactive survey conducted between February 17 and February 19, 2010. (10) For the reasons specified in paragraphs (1) through (9)-- (A) Congress should make balancing the Federal budget an urgent priority to protect the national security, financial stability, and standard of living of the United States; (B) because Congress has long refused to make the tough decisions necessary to cut wasteful spending, reducing the national debt limit is the only sure way to force Congress to live within its means; and (C) the pay for members of Congress, who are constitutionally responsible for the money drawn from the United States Treasury and the debt that results from excessive spending, should not be increased until Congress has balanced the Federal budget. SEC. 3. RESTRICTIONS ON PAY OF MEMBERS OF CONGRESS. (a) Restriction on COLA Adjustments.--Notwithstanding any other provision of law, no adjustment shall be made under section 601(a) of the Legislative Reorganization Act of 1946 (2 U.S.C. 31) (relating to cost of living adjustments for Members of Congress) during fiscal year 2011 or any succeeding fiscal year, until the fiscal year following the first fiscal year that the annual Federal budget deficit is $0 as determined in the report submitted under subsection (b). (b) Determinations and Reports.-- (1) In general.--Not later than 30 days after the end of each fiscal year, the Secretary of the Treasury shall-- (A) make a determination of whether or not the annual Federal budget deficit was $0 for that fiscal year; and (B) if the determination is that the annual Federal budget deficit was $0 for that fiscal year, submit a report to Congress of that determination. (2) Restriction of cola adjustments.--Not later than the end of each calendar year, the Secretary of the Treasury shall submit a report to the Secretary of the Senate and the Chief Administrative Officer of the House of Representatives on-- (A) any determination made under paragraph (1); and (B) whether or not the restriction under subsection (a) shall apply to the succeeding fiscal year. SEC. 4. REDUCTION OF THE STATUTORY LIMIT ON THE PUBLIC DEBT. Notwithstanding section 3101(b) of title 31, United States Code, or any other provision of law, the dollar amount of the statutory limit on the public debt under section 3101(b) of that title for the applicable fiscal year shall be the following: (1) Fiscal year 2011, $13,900,000,000,000. (2) Fiscal year 2012, $13,700,000,000,000. (3) Fiscal year 2013, $13,500,000,000,000. (4) Fiscal year 2014, $12,300,000,000,000. (5) Fiscal year 2015 and each fiscal year thereafter, $12,100,000,000,000.

No Pay Raise for Congress Until the Budget is Balanced Act - Eliminates automatic cost of living adjustments (COLAs) for Members of Congress during FY2011 or any succeeding fiscal year, until the fiscal year following the first fiscal year that the annual federal budget deficit is $0. Requires the Secretary of the Treasury to: (1) determine whether or not the annual federal budget deficit was $0 for that fiscal year, and if so, report that determination to Congress; and (2) report that determination also to the Secretary of the Senate and the Chief Administrative Officer of the House of Representatives, as well as whether or not such COLA restriction shall apply to the succeeding fiscal year. Reduces the statutory limit on the public debt as follows: (1) for FY2011, $13.9 trillion; (2) for FY2012, $13.7 trillion; (3) for FY2013, $13.5 trillion; (4) for FY2014, $12.3 trillion; and (5) for FY2015 and each ensuing fiscal year, $12.1 trillion.

A bill to provide that Members of Congress shall not receive a pay increase until the annual Federal budget deficit is eliminated.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving SCRA and USERRA Protections Act of 2008''. SEC. 2. EQUITY POWERS. Section 4323(e) of title 38, United States Code, is amended by striking ``may use'' and inserting ``shall use, in any case in which the court determines it is appropriate,''. SEC. 3. RELIEF FOR STUDENTS WHO ARE MEMBERS OF ARMED FORCES DURING PERIOD OF MILITARY SERVICE. (a) In General.--Title VII of the Servicemembers Civil Relief Act (50 U.S.C. App. 591 et seq.) is amended by adding at the end the following new section: ``SEC. 707. TUITION, REENROLLMENT, AND STUDENT LOAN RELIEF FOR POSTSECONDARY STUDENTS CALLED TO MILITARY SERVICE. ``(a) Tuition and Reenrollment.--Whenever a servicemember is called, activated, or ordered to military service and withdraws or takes a leave of absence from an institution of higher education in which the servicemember is enrolled, the institution shall-- ``(1) provide a credit or refund to the servicemember the tuition and fees paid by the servicemember (other than from the proceeds of a grant or scholarship) for the portion of the program of education for which the servicemember did not receive academic credit after such withdrawal or leave; and ``(2) provide the servicemember an opportunity to reenroll with the same educational and academic status in such program of education that the servicemember had when activated for military service. ``(b) Institution of Higher Education Defined.--In this section, the term `institution of higher education' means a 2-year or 4-year institution of higher education as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002).''. (b) Exemption of Student Debts From Creditor Protection Based on Income Level.--Section 207(c) of such Act (50 U.S.C. App. 527(c)) is amended by adding at the end the following new sentence: ``This subsection shall not apply with respect to an obligation or liability that is incurred by a servicemember who, at the time the servicemember is called to military service, is a student enrolled within six months of activation at an institution of higher education on a full-time basis, as determined by that institution.''. (c) Clerical Amendment.--The table of contents in section 1(b) of such Act is amended by adding at the end the following new item: ``Sec. 707. Tuition, reenrollment, and student loan relief for postsecondary students called to military service.''. (d) Effective Date.--The amendments made by this section shall take effect for periods of military service beginning after the date of the enactment of this section. SEC. 4. TERMINATION OR SUSPENSION BY SERVICEMEMBERS OF CERTAIN SERVICE CONTRACTS ENTERED INTO BEFORE PERMANENT CHANGE OF STATION OR DEPLOYMENT ORDERS. (a) Termination.--Title III of the Servicemembers Civil Relief Act (50 U.S.C. App. 531 et seq.) is amended-- (1) by redesignating section 308 as section 309; and (2) by inserting after section 307 the following: ``SEC. 308. TERMINATION OR SUSPENSION OF SERVICE CONTRACTS. ``(a) Termination or Suspension by Servicemember.--A person in military service who is party to or enters into a contract described in subsection (c) may terminate or suspend, at the person's option, the contract at any time after the date of the person's military orders, as described in subsection (c). ``(b) Special Rules.--(1) A suspension under subsection (a) of a contract by a person in military service shall continue for the length of the person's deployment pursuant to the person's military orders. ``(2) A service provider under a contract suspended or terminated under subsection (a) by a person in military service may not impose a suspension fee or early termination fee in connection with the suspension or termination of the contract, other than a nominal fee for the suspension; except that the service provider may impose a reasonable fee for any equipment remaining on the premises of the person in military service during the period of the suspension. The person in military service may defer, without penalty, payment of such a nominal fee or reasonable fee for the length of the person's deployment pursuant to the person's military orders. ``(3) In any case in which the contract being suspended under subsection (a) is for cellular telephone service or telephone exchange service, the person in military service, after the date on which the suspension of the contract ends, may keep, to the extent practicable and in accordance with all applicable laws and regulations, the same telephone number the person had before the person suspended the contract. ``(c) Covered Contracts.--This section applies to a contract for cellular telephone service, telephone exchange service, multichannel video programming service, Internet access service, water, electricity, oil, gas, or other utility if the person enters into the contract and thereafter receives military orders-- ``(1) to deploy with a military unit, or as an individual, in support of a contingency operation for a period of not less than 90 days; or ``(2) for a change of permanent station to a location that does not support the contract. ``(d) Manner of Termination or Suspension.-- ``(1) In general.--Termination or suspension of a contract under subsection (a) is made by delivery by the person in military service of written notice of such termination or suspension and a copy of the servicemember's military orders to the other party to the contract (or to that party's grantee or agent). ``(2) Nature of notice.--Delivery of notice under paragraph (1) may be accomplished-- ``(A) by hand delivery; ``(B) by private business carrier; ``(C) by facsimile; or ``(D) by placing the written notice and a copy of the servicemember's military orders in an envelope with sufficient postage and with return receipt requested, and addressed as designated by the party to be notified (or that party's grantee or agent), and depositing the envelope in the United States mails. ``(e) Date of Contract Termination or Suspension.--Termination or suspension of a service contract under subsection (a) is effective as of the date on which the notice under subsection (d) is delivered. ``(f) Other Obligations and Liabilities.--The service provider under the contract may not impose an early termination or suspension charge, but any tax or any other obligation or liability of the person in military service that, in accordance with the terms of the contract, is due and unpaid or unperformed at the time of termination or suspension of the contract shall be paid or performed by the person in military service. ``(g) Fees Paid in Advance.--A fee or amount paid in advance for a period after the effective date of the termination of the contract shall be refunded to the person in military service by the other party (or that party's grantee or agent) within 60 days of the effective date of the termination of the contract. ``(h) Relief to Other Party.--Upon application by the other party to the contract to a court before the termination date provided in the written notice, relief granted by this section to a person in military service may be modified as justice and equity require. ``(i) Penalties.-- ``(1) Misdemeanor.--Whoever knowingly violates or attempts to violate this section shall be fined not more than $5,000 in the case of an individual or $10,000 in the case of an organization. ``(2) Preservation.--The remedy and rights provided under this section are in addition to and do not preclude any remedy for wrongful conversion otherwise available under law to the person claiming relief under this section, including any award for consequential or punitive damages. ``(j) Equitable Relief.-- ``(1) In general.--In addition to any other remedy available under law, if a person in military service has reason to believe that another party to a contract has violated or is violating this section, the person in military service may-- ``(A) bring an action to enjoin the violation in any appropriate United States district court or in any other court of competent jurisdiction; or ``(B) bring an action in any appropriate United States district court or in any other court of competent jurisdiction to recover damages equal to three times the amount for which the other party is liable to the person in military service under this section. ``(2) Attorney fees.--If a person in military service is awarded damages under an action described under paragraph (1), the person shall be awarded, in addition, the costs of the action and reasonable attorney fees, as determined by the court. ``(k) Definitions.--For the purposes of this section, the following definitions apply: ``(1) Multichannel video programming service.--The term `multichannel video programming service' means video programming service provided by a multichannel video programming distributor, as such term is defined in section 602(13) of the Communications Act of 1934 (47 U.S.C. 522(13)). ``(2) Internet access service.--The term `Internet access service' has the meaning given that term under section 231(e)(4) of the Communications Act of 1934 (47 U.S.C. 231(e)(4)). ``(3) Cellular telephone service.--The term `cellular telephone service' means commercial mobile service, as that term is defined in section 332(d) of the Communications Act of 1934 (47 U.S.C. 332(d)). ``(4) Telephone exchange service.--The term `telephone exchange service' has the meaning given that term under section 3 of the Communications Act of 1934 (47 U.S.C. 153).''. (b) Clerical Amendment.--The table of contents in section 1(b) of such Act is amended by striking the item relating to section 308 and inserting the following new items: ``Sec. 308. Termination or suspension of service contracts. ``Sec. 309. Extension of protections to dependents.''. SEC. 5. PENALTIES FOR VIOLATION OF INTEREST RATE LIMITATION UNDER SERVICEMEMBERS CIVIL RELIEF ACT. Section 207 of the Servicemembers Civil Relief Act (50 U.S.C. App. 527) is amended by adding at the end the following new subsections: ``(e) Penalty.--Whoever knowingly violates subsection (a) shall be fined not more than $5,000 in the case of an individual or $10,000 in the case of an organization. ``(f) Rights of Servicemembers.-- ``(1) Equitable relief.-- ``(A) In general.--In addition to any other remedies as are provided under Federal or State law, if a servicemember has reason to believe that a creditor has violated or is violating this section, the servicemember may-- ``(i) bring an action to enjoin such violation in any appropriate United States district court or in any other court of competent jurisdiction; and ``(ii) bring an action to recover damages equal to three times the amount of the interest charged in violation of this section (plus interest) for which the creditor is liable to the servicemember under this section as a result of the violation. ``(B) Determination of number of violations.--In determining the number of violations by a creditor for which a penalty is imposed under subsection (e) or subparagraph (A), the court shall count as a single violation each obligation or liability of a servicemember with respect to which-- ``(i) the servicemember properly provided to the creditor written notice and a copy of the military orders calling the servicemember to military service and any orders further extending military service under subsection (b); and ``(ii) the creditor failed to treat in accordance with subsection (a). ``(2) Attorney fees.--If a servicemember is awarded damages under an action described under paragraph (1), the servicemember shall be awarded, in addition, the costs of the action and reasonable attorney fees, as determined by the court. ``(g) Preservation of Other Remedies.--The rights and remedies provided under subsections (e) and (f) are in addition to and do not preclude any other remedy available under law to a person claiming relief under this section, including any award for consequential or punitive damages.''. SEC. 6. GUARANTEE OF RESIDENCY FOR SPOUSES OF MILITARY PERSONNEL. (a) Guarantee of Residency.--Section 705 of the Servicemembers Civil Relief Act (50 U.S.C. App. 595) is amended-- (1) by striking ``For'' and inserting ``(a) For''; and (2) by adding at the end the following new subsection: ``(b) For the purposes of voting for any Federal office (as defined in section 301 of the Federal Election Campaign Act of 1971 (2 U.S.C. 431)) or a State or local office, a person who is absent from a State because the person is accompanying the person's spouse who is absent from that same State in compliance with military or naval orders shall not, solely by reason of that absence-- ``(1) be deemed to have lost a residence or domicile in that State, without regard to whether or not the person intends to return to that State; ``(2) be deemed to have acquired a residence or domicile in any other State; or ``(3) be deemed to have become a resident in or a resident of any other State.''. (b) Clerical Amendments.-- (1) The heading for such section is amended to read as follows: ``SEC. 705. GUARANTEE OF RESIDENCY FOR MILITARY PERSONNEL AND SPOUSES OF MILITARY PERSONNEL.''. (2) The item relating to such section in the table of contents in section 1(b) of such Act is amended to read as follows: ``Sec. 705. Guarantee of residency for military personnel and spouses of military personnel.''. SEC. 7. RESIDENCE FOR TAX PURPOSES. Section 511(a) of the Servicemembers Civil Relief Act (50 U.S.C. App. 571(a)) is amended-- (1) by striking ``A servicemember'' and inserting the following: ``(1) Servicemember.--A servicemember''; and (2) by adding at the end the following: ``(2) Spouse of servicemember.--A spouse of a servicemember shall neither lose nor acquire a residence or domicile for purposes of taxation with respect to the person, personal property, or income of the spouse by reason of being absent or present in any tax jurisdiction of the United States solely to be with the servicemember in compliance with the servicemember's military orders if the residence or domicile, as the case may be, is the same for the servicemember and the spouse.''. SEC. 8. SPOUSE'S COMPENSATION DURING MILITARY SERVICE. Section 511 of the Servicemembers Civil Relief Act (50 U.S.C. App. 571(b)) is amended-- (1) by striking the subsection designation and heading and all that follows through ``Compensation'' and inserting the following: ``(b) Military Service and Spouse's Compensation.-- ``(1) Military service compensation.--Compensation''; and (2) by adding at the end the following: ``(2) Spouse's compensation.--Compensation of a spouse of a servicemember shall not be deemed to be income for services performed or from sources within a tax jurisdiction of the United States if, when the compensation is earned, the spouse of the servicemember is not a resident or domiciliary of the jurisdiction and the jurisdiction is the jurisdiction in which the servicemember is serving in compliance with military orders.''. Passed the House of Representatives July 31, 2008. Attest: LORRAINE C. MILLER, Clerk.

Improving SCRA and USERRA Protections Act of 2008 - (Sec. 2) Requires (current law authorizes) the appropriate U.S. district court to use its equity powers in any case in which the court determines it is appropriate, including injunctive relief, to fully vindicate a veteran's employment or reemployment rights under the Uniformed Services Employment and Reemployment Rights Act (USERRA) with respect to a state or private employer. (Sec. 3) Amends the Servicemembers Civil Relief Act (SCRA) to require an institution of higher education, when a servicemember is ordered to military service and withdraws or takes a leave of absence from such institution, to: (1) provide a credit or refund to the servicemember of tuition and fees paid for the portion of the program of education for which the servicemember did not receive academic credit after such withdrawal or leave; and (2) provide the servicemember an opportunity to reenroll with the same educational and academic status the servicemember had when activated for service. Extends the current interest rate cap in SCRA to student loan obligations of members called to military service. (Sec. 4) Allows servicemembers with deployment orders to terminate or suspend, without fee or penalty, service contracts for services such as phones, utilities, cable television, and Internet access. (Currently, such servicemembers are only permitted to terminate or suspend residential or automobile lease agreements.) (Sec. 5) Provides penalties under SCRA against creditors for violations of interest rate limits for servicemembers. (Sec. 6) Allows a military spouse to vote in the same location as the servicemember with respect to federal, state, and local elections. (Sec. 7) Allows a military spouse to pay taxes in the same state as the servicemember. (Sec. 8) Provides that compensation of a spouse of a servicemember shall not be considered income within a tax jurisdiction of the United States if, when the compensation is earned, the spouse is not a resident or domiciliary of that jurisdiction, and the jurisdiction is where the servicemember is serving in compliance with military orders.

To amend title 38, United States Code, relating to equitable relief with respect to a State or private employer, and for other purposes.

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Digital Tech Corps Act of 2001''. (b) Findings.--Congress finds that-- (1) unless action is taken soon, there will be a crisis in government's ability to deliver essential services to the American people; (2) by 2006, over 50 percent of the Federal Government's information technology workforce will be eligible to retire, creating a huge demand in government for high-skill workers; (3) despite a 44 percent decrease in the demand for information technology workers in the private sector, the Information Technology Association of America reports that employers will need to fill over 900,000 new information technology jobs and will be unable to find qualified workers for 425,000 of those jobs; (4) to highlight the urgency of this situation, in January 2001, the General Accounting Office added the Federal Government's human capital management to its list of high-risk problems for which an effective solution must be found; (5) despite efforts to increase flexibility in Federal agencies' employment practices, compensation issues continue to severely restrain recruitment for Government agencies; (6) failures in the Federal Government employment process are accelerating efforts by agencies to implement outsourcing as a short-term solution to skill gaps, further unbalancing efforts to reach the proper government versus contractor mix of management and skills; and (7) an effective, efficient, and economical response to this crisis would be to create a vibrant, ongoing exchange effort designed to share talent, expertise, and advances in management between leading-edge businesses and government agencies engaged in best practices. SEC. 2. INFORMATION TECHNOLOGY EXCHANGE PROGRAM. (a) In General.--Subpart B of part III of title 5, United States Code, is amended by adding at the end the following: ``CHAPTER 37--INFORMATION TECHNOLOGY EXCHANGE PROGRAM ``Sec. ``3701. Definitions. ``3702. General provisions. ``3703. Assignment of employees to private sector organizations. ``3704. Assignment of employees from private sector organizations. ``3705. Authority of the Office of Personnel Management. ``Sec. 3701. Definitions ``For purposes of this chapter-- ``(1) the term `agency' means an Executive agency, but does not include the General Accounting Office; ``(2) the term `detail' means-- ``(A) the assignment or loan of an employee to a private sector organization without a change of position from the agency by which the individual is employed; and ``(B) the assignment or loan of an employee of a private sector organization to an agency without a change of position from the private sector organization that employs the individual; and ``(3) the term `transfer' means the change of position by an employee from an agency to a private sector organization or from a private sector organization to an agency. ``Sec. 3702. General provisions ``(a) On request from or with the agreement of a private sector organization, and with the consent of the employee concerned, the head of an agency may arrange for the assignment of an eligible employee of the agency to a private sector organization or an eligible employee of a private sector organization to the agency. An eligible employee is an individual employed at the GS-12 level or above (or equivalent) who-- ``(1) works in the field of information technology management ``(2) is considered an exceptional performer by the individual's current employer; and ``(3) is expected to assume increased information technology management responsibilities in the future. An employee of an agency shall be eligible to participate in this program only if the employee is serving under a career or career- conditional appointment or an appointment of equivalent tenure in the excepted service. ``(b) Each agency that exercises its authority under this chapter shall establish a plan for implementing this authority. The plan shall provide for a written agreement between the agency and the employee concerned regarding the terms and conditions of the employee's assignment. In the case of an employee of the agency, the agreement shall-- ``(1) require the employee to serve in the civil service, upon completion of the assignment, for a period equal to the length of the assignment; and ``(2) provide that, in the event the employee fails to carry out the agreement (except for good and sufficient reason, as determined by the head of the agency from which assigned) the employee shall be liable to the United States for payment of all expenses (excluding salary) of the assignment. The amount shall be treated as a debt due the United States. ``(c) Assignments may be terminated by the agency or private sector organization concerned for any reason at any time. ``(d) Assignments under this chapter shall be for 1 year and may be extended for an additional period not to exceed 1 year. ``(e) The Chief Information Officers Council, by agreement with the Office of Personnel Management, may assist in the administration of this chapter, including by maintaining lists of potential candidates for assignment under this chapter, establishing mentoring relationships for the benefit of individuals who are given assignments under this chapter, and publicizing the program. ``Sec. 3703. Assignment of employees to private sector organizations ``(a) An employee of an agency may be assigned to a private sector organization under this chapter either-- ``(1) as a detail to a regular work assignment; or ``(2) as a transfer to the private sector organization. ``(b) Notwithstanding any other provision of law, an employee assigned under subsection (a) is entitled-- ``(1) to receive supplemental pay from the agency in the amount equal to the difference between the rate paid by the organization to which detailed or transferred and the rate of basic pay (including locality pay, where applicable, subject to regulations of the Office of Personnel Management) payable for the employee's Federal position, if the latter is greater; ``(2) in the case of an employee who is detailed under subsection (a)(1), to credit for the period of assignment under this chapter toward periodic step increases, retention, and leave accrual; ``(3) to retain coverage, rights, and benefits under chapters 87 and 89, if necessary employee deductions and agency contributions for the period of the assignment are currently deposited in the Employees' Life Insurance Fund and the Employees Health Benefits Fund, respectively, and the period of the assignment is deemed service as an employee under chapters 87 and 89; ``(4) to retain coverage, rights, and benefits under any system established by law for the retirement of employees, if necessary employee deductions and agency contributions in payment for the coverage, rights, and benefits for the period of assignment are currently deposited in the system's fund; and the period of the assignment is deemed creditable under the system, except that such service shall not be considered creditable service for the purpose of any retirement system for Federal employees if such service forms the basis, in whole or in part, for an annuity or pension under the retirement system of the private sector organization; and ``(5) to retain coverage, rights, and benefits under subchapter I of chapter 81, and employment during the assignment is deemed employment by the United States, but if the employee or the employee's dependents receive from the private sector organization any payment under an insurance policy for which the premium is wholly paid by the private sector organization, or other benefit of any kind on account of the same injury or death, the amount of such payment or benefit shall be credited against any compensation otherwise payable under subchapter I of chapter 81. During the employee's assignment to the private sector organization, the agency from which the employee is detailed or transferred shall make contributions for retirement and insurance purposes from the appropriations or funds of that agency so long as contributions are made by the employee. ``(c) The detail of an employee of an agency under subsection (a)(1) may be made with or without reimbursement by the private sector organization for the travel and transportation expenses to or from the place of assignment, subject to the same terms and conditions that apply with respect to an employee of a Federal agency or a State or local government under section 3375, and for the pay, or supplemental pay, or any part thereof of the employee during assignment. Any reimbursements shall be credited to the appropriation of the agency used for paying the travel and transportation expenses or pay. ``(d) An employee assigned on detail under subsection (a)(1) remains an employee of the agency from which detailed. The Federal Tort Claims Act and any other Federal tort liability statute apply to the employee. The supervision of the duties of an employee on detail may be governed by an agreement between the agency and the organization to which detailed. ``(e)(1) Notwithstanding any other provision of law, an employee detailed under subsection (a)(1) is entitled to accrue annual and sick leave to the same extent as if the employee had continued working in the position from which detailed. ``(2) An employee who transfers to a private sector organization under subsection (a)(2) may elect to retain credit for all accumulated and currently accrued annual leave to which entitled at the time of transfer which otherwise would be liquidated by a lump-sum payment. At the employee's request at any time before returning to the agency, the employee shall be paid for the annual leave retained. Upon completion of the assignment under this chapter, the agency shall restore the employee's sick leave account to its status at the time of transfer. ``Sec. 3704. Assignment of employees from private sector organizations ``(a) Notwithstanding any other provision of law, an employee of a private sector organization who is assigned to an agency under section 3702(a) may be-- ``(1) transferred to the agency and appointed without regard to the provisions of this title governing appointment in the competitive service for the period of assignment; or ``(2) detailed to the agency. ``(b) An individual appointed under subsection (a)(1) is entitled to pay in accordance with chapter 51 and subchapter III of chapter 53 or other applicable law, and is deemed an employee of the agency for all purposes except-- ``(1) subchapter III of chapter 83, chapter 84, or other applicable retirement system; ``(2) chapter 87; and ``(3) chapter 89 or other applicable health benefits system unless the appointment results in the employee's loss of coverage in a group health benefits plan the premium of which has been paid in whole or in part by the private sector organization. The exceptions set forth in paragraphs (1) through (3) shall not apply to non-Federal employees who are covered by chapters 83, 84, 87, and 89 by virtue of their non-Federal employment immediately before appointment under subsection (a)(1). ``(c) An employee of a private sector organization who is detailed to an agency under subsection (a)(2)-- ``(1) is not entitled to pay from the agency, except to the extent that the pay for the position to which detailed (including locality pay, where applicable) exceeds the pay the individual was receiving from the private sector organization immediately before the detail; ``(2) may continue to receive pay and benefits from the private sector organization from which he is detailed; ``(3) is deemed an employee of the agency for the purposes of-- ``(A) chapter 73, except for section 7353(a)(1); ``(B) sections 203, 205, 207, 208, 603, 606, 607, 643, 654, 1905, and 1913 of title 18; ``(C) sections 1343, 1344, and 1349(b) of title 31; ``(D) the Federal Tort Claims Act and any other Federal tort liability statute; ``(E) the Ethics in Government Act of 1978 (5 U.S.C. App.); ``(F) section 1043 of the Internal Revenue Code of 1986, as amended (26 U.S.C. 1043); and ``(G) section 27(p)(8) of the Office of Federal Procurement Policy Act (41 U.S.C. 423(p)(8)); and ``(4) is subject to such regulations as the President may prescribe. The supervision of an employee who is detailed under subsection (a)(2) may be governed by agreement between the agency and the private sector organization concerned. A detail under subsection (a)(2) may be made with or without reimbursement by the agency for the pay, or a part thereof, of the employee during the period of assignment, or for any contribution of the private sector organization to employee benefit systems. ``(d) If a private sector organization fails to continue the employer's contribution to private sector retirement, life insurance, and health benefit plans for an individual who is appointed in an agency under this section, the employer's contributions covering the period of the assignment may be made from the appropriations of the agency concerned. ``(e) A private sector employee who is given an assignment in an agency under subsection (a) and who suffers disability or dies as a result of personal injury sustained while performing duties during the assignment shall be treated, for the purpose of subchapter I of chapter 81, as an employee as defined by section 8101 who had sustained the injury in the performance of duty, except that if the employee or the employee's dependents receive from the private sector organization any payment under an insurance policy for which the premium is wholly paid by the private sector organization, or other benefit of any kind on account of the same injury or death, the amount of such payment or benefit shall be credited against any compensation otherwise payable under subchapter I of chapter 81. ``Sec. 3705. Authority of the Office of Personnel Management ``The Director of the Office of Personnel Management shall prescribe regulations for the administration of this chapter.''. (b) Clerical Amendment.--The analysis for part III of title 5, United States Code, is amended by inserting after the item relating to chapter 35 the following: ``37. Information Technology Exchange Program.''. SEC. 3. ALLOWABILITY OF COSTS. Within 120 days after the enactment of this Act, the Federal Acquisition Regulations Council shall amend the Federal Acquisition Regulation to recognize the costs associated with an employee's participation in the program authorized by section 2 as allowable training and education costs. Such costs-- (1) include the employee's salary and fringe benefits for a period not to exceed the period of the employee's assignment under the program authorized by section 2, as well as moving and travel expenses; and (2) may be treated, for accounting purposes-- (A) as an indirect cost and accounted for in-- (i) an established overhead account; or (ii) an overhead account established specifically for the program authorized by section 2 and allocated exclusively to the contractor's Federal Government contracts; or (B) as a direct cost chargeable to fixed price or time and material contracts. SEC. 4. CONFORMING AMENDMENTS. (a) Title 5, United States Code, is amended-- (1) in section 3111 by adding at the end the following: ``(d) Notwithstanding section 1342 of title 31, the head of an agency may accept voluntary service for the United States under chapter 37 of this title and regulations of the Office of Personnel Management.''; and (2) in section 4108 by striking subsection (d). (b) Section 125(c)(1) of Public Law 100-238 (5 U.S.C. 8432 note) is amended-- (1) in subparagraph (B) by striking ``or'' at the end; (2) in subparagraph (C) by striking ``and'' at the end and inserting ``or''; and (3) by adding at the end the following: ``(D) an individual assigned from a Federal agency to a private sector organization under chapter 37 of title 5, United States Code; and''.

Digital Tech Corps Act of 2001 - Establishes an information technology exchange program between the Government and the private sector. Provides for one-year assignments of executive agency information technology management employees to private sector organizations, and of private sector information technology management employees to executive agencies.Sets forth administrative provisions governing such assignments, including provisions concerning pay, creditable service, life and health insurance coverage, reimbursement, liability, and Federal employee status.

To amend title 5, United States Code, to establish an exchange program between the Federal Government and the private sector to develop expertise in information technology management, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Veterans' Compensation Cost-of-Living Adjustment Act of 2015''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--COMPENSATION COST-OF-LIVING ADJUSTMENT Sec. 101. Increase in rates of disability compensation and dependency and indemnity compensation. Sec. 102. Publication of adjusted rates. TITLE II--UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS Sec. 201. Extending temporary expansion of United States Court of Appeals for Veterans Claims. Sec. 202. Recall of retired judges of United States Court of Appeals for Veterans Claims. Sec. 203. Life insurance program relating to judges of United States Court of Appeals for Veterans Claims. Sec. 204. Voluntary contributions to enlarge survivors' annuity. Sec. 205. Salaries of judges of United States Court of Appeals for Veterans Claims. Sec. 206. Selection of chief judge of United States Court of Appeals for Veterans Claims. TITLE III--IMPROVEMENT OF CLAIMS PROCESSING Sec. 301. Interim payments of compensation benefits under laws administered by the Secretary of Veterans Affairs. Sec. 302. Claims processors training. Sec. 303. Notice of average times for processing claims and percentage of claims approved. TITLE IV--OTHER MATTERS Sec. 401. Clarification of eligible recipients of certain accrued benefits upon death of beneficiary. Sec. 402. Observance of Veterans Day. TITLE I--COMPENSATION COST-OF-LIVING ADJUSTMENT SEC. 101. INCREASE IN RATES OF DISABILITY COMPENSATION AND DEPENDENCY AND INDEMNITY COMPENSATION. (a) Rate Adjustment.--Effective on December 1, 2015, the Secretary of Veterans Affairs shall increase, in accordance with subsection (c), the dollar amounts in effect on November 30, 2015, for the payment of disability compensation and dependency and indemnity compensation under the provisions specified in subsection (b). (b) Amounts To Be Increased.--The dollar amounts to be increased pursuant to subsection (a) are the following: (1) Wartime disability compensation.--Each of the dollar amounts under section 1114 of title 38, United States Code. (2) Additional compensation for dependents.--Each of the dollar amounts under section 1115(1) of such title. (3) Clothing allowance.--The dollar amount under section 1162 of such title. (4) Dependency and indemnity compensation to surviving spouse.--Each of the dollar amounts under subsections (a) through (d) of section 1311 of such title. (5) Dependency and indemnity compensation to children.-- Each of the dollar amounts under sections 1313(a) and 1314 of such title. (c) Determination of Increase.-- (1) Percentage.--Except as provided in paragraph (2), each dollar amount described in subsection (b) shall be increased by the same percentage as the percentage by which benefit amounts payable under title II of the Social Security Act (42 U.S.C. 401 et seq.) are increased effective December 1, 2015, as a result of a determination under section 215(i) of such Act (42 U.S.C. 415(i)). (2) Rounding.--Each dollar amount increased under paragraph (1), if not a whole dollar amount, shall be rounded to the next lower whole dollar amount. (d) Special Rule.--The Secretary of Veterans Affairs may adjust administratively, consistent with the increases made under subsection (a), the rates of disability compensation payable to persons under section 10 of Public Law 85-857 (72 Stat. 1263) who have not received compensation under chapter 11 of title 38, United States Code. SEC. 102. PUBLICATION OF ADJUSTED RATES. The Secretary of Veterans Affairs shall publish in the Federal Register the amounts specified in section 101(b), as increased under that section, not later than the date on which the matters specified in section 215(i)(2)(D) of the Social Security Act (42 U.S.C. 415(i)(2)(D)) are required to be published by reason of a determination made under section 215(i) of such Act during fiscal year 2016. TITLE II--UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS SEC. 201. EXTENDING TEMPORARY EXPANSION OF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS. Section 7253(i)(2) of title 38, United States Code, is amended by striking ``January 1, 2013'' and inserting ``January 1, 2020''. SEC. 202. RECALL OF RETIRED JUDGES OF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS. Paragraph (1) of section 7257(b) of title 38, United States Code, is amended to read as follows: ``(1)(A) The chief judge may recall for further service on the Court a recall-eligible retired judge in accordance with this section. Such a recall shall be made upon written certification by the chief judge that substantial service is expected to be performed by the retired judge for such period, not to exceed 90 days (or the equivalent), as determined by the chief judge to be necessary to meet the needs of the Court. ``(B)(i) A recall-eligible judge may request that the chief judge recall the recall-eligible judge for a period of service of not less than 90 days (or the equivalent). ``(ii) The chief judge shall approve a request made by a recall- eligible judge pursuant to clause (i) unless the chief judge certifies, in writing, that the Court does not have-- ``(I) sufficient work to assign such recall-eligible judge during the period of recalled service; or ``(II) sufficient resources to provide to such recall- eligible judge appropriate administrative and office support. ``(iii) At any time during the period of recalled service of a judge who is recalled pursuant to clause (i), the chief judge may terminate such recalled service if the chief judge makes a written certification described in clause (ii).''. SEC. 203. LIFE INSURANCE PROGRAM RELATING TO JUDGES OF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS. (a) In General.--Section 7281 of title 38, United States Code, is amended by adding at the end the following: ``(j) For purposes of chapter 87 of title 5, a judge who is in regular active service and a judge who is retired under section 7296 of this title or under chapter 83 or 84 of title 5 shall be treated as an employee described in section 8701(a)(5) of title 5.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to any payment made on or after the first day of the first applicable pay period beginning on or after the date of the enactment of this Act. SEC. 204. VOLUNTARY CONTRIBUTIONS TO ENLARGE SURVIVORS' ANNUITY. Section 7297 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(p)(1) A covered judge who makes an election under subsection (b) may purchase, in 3-month increments, up to an additional year of service credit for each year of Federal judicial service completed, under the terms set forth in this section. ``(2) In this subsection, the term `covered judge' means any of the following: ``(A) A judge in regular active service. ``(B) A retired judge who is a recall-eligible retired judge pursuant to subsection (a) of section 7257 of this title. ``(C) A retired judge who would be a recall-eligible retired judge pursuant to subsection (a) of section 7257 but for-- ``(i) meeting the aggregate recall service requirements under subsection (b)(3) of such section; or ``(ii) being permanently disabled as described by subsection (b)(4) of such section.''. SEC. 205. SALARIES OF JUDGES OF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS. Section 7253(e) of title 38, United States Code, is amended by striking ``district courts'' and inserting ``courts of appeals''. SEC. 206. SELECTION OF CHIEF JUDGE OF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS. Section 7253(d) of title 38, United States Code, is amended-- (1) in paragraph (1)-- (A) in subparagraph (A), by striking ``and''; (B) by redesignating subparagraph (B) as subparagraph (C); and (C) by inserting after subparagraph (A) the following new subparagraph (B): ``(B) are 64 years of age or under and have at least 3 years remaining in term of office; and''; and (2) by amending paragraph (2) to read as follows: ``(2)(A) In any case in which there is no judge of the Court in regular active service who meets the requirements under paragraph (1), the judge of the Court in regular active service who is senior in commission and meets subparagraph (A) or (B) and subparagraph (C) of paragraph (1) shall act as the chief judge. ``(B) In any case under subparagraph (A) of this paragraph in which there is no judge of the Court in regular active service who meets subparagraph (A) or (B) and subparagraph (C) of paragraph (1), the judge of the Court in regular active service who is senior in commission and meets subparagraph (C) shall act as the chief judge.''. TITLE III--IMPROVEMENT OF CLAIMS PROCESSING SEC. 301. INTERIM PAYMENTS OF COMPENSATION BENEFITS UNDER LAWS ADMINISTERED BY THE SECRETARY OF VETERANS AFFAIRS. (a) In General.--Subchapter III of chapter 51 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 5127. Interim payments of compensation benefits ``(a) In General.--In the case of a claim described in subsection (b), prior to adjudicating the claim, the Secretary shall make interim payments of monetary benefits to the claimant based on any disability for which the Secretary has made a decision or, with respect to such a disability that is not compensable, notify the claimant of the rating relating to such disability. Upon the adjudication of the claim, the Secretary shall pay to the claimant any monetary benefits awarded to the claimant for the period of payment under section 5111 of this title less the amount of such benefits paid to the claimant under this section. ``(b) Claim Described.--A claim described in this subsection is a claim for disability compensation under chapter 11 of this title (including a claim regarding an increased rating)-- ``(1) the adjudication of which requires the Secretary to make decisions with respect to two or more disabilities; and ``(2) for which, before completing the adjudication of the claim, the Secretary makes a decision with respect to a disability that would result in the payment of monetary benefits to the claimant upon the adjudication of the claim.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end of the items relating to such subchapter the following new item: ``5127. Interim payments of compensation benefits.''. SEC. 302. CLAIMS PROCESSORS TRAINING. (a) Establishment.--The Secretary of Veterans Affairs shall establish a training program to provide newly hired claims processors of the Department of Veterans Affairs with training for a period of not less than 2 years. In carrying out such program, the Secretary shall identify successful claims processors of the Department who can assist in the training of newly hired claims processors. (b) Ability To Process Claims.--The Secretary shall carry out the training program established under subsection (a) without increasing the amount of time in which claims are processed by the Department. (c) Effective Date.--This section shall take effect on the date that is 1 year after the date of the enactment of this Act. SEC. 303. NOTICE OF AVERAGE TIMES FOR PROCESSING CLAIMS AND PERCENTAGE OF CLAIMS APPROVED. (a) Public Notice.--The Secretary of Veterans Affairs shall post the information described in subsection (c)-- (1) in a conspicuous place in each regional office and claims intake facilities of the Department of Veterans Affairs; and (2) on the Internet Web site of the Department. (b) Notice to Applicants.-- (1) In general.--The Secretary shall provide to each person who submits a claim for benefits under the laws administered by the Secretary before the person submits such claim-- (A) notice of the information described in subsection (c); and (B) notice that the person is eligible to receive up to an extra year of benefits payments if the person files a claim that is fully developed. (2) Acknowledgment of receipt of notice.--Each person who submits a claim for benefits under the laws administered by the Secretary shall include in such application a signed form acknowledging that the person received the information described in subsection (c). (c) Information Described.-- (1) In general.--The information described in this subsection is the following: (A) The average processing time of the claims described in paragraph (2) and the percentage of such submitted claims for which benefits are awarded. (B) The percentage of each of the following types of submitted claims for benefits under the laws administered by the Secretary of Veterans Affairs for which benefits are awarded: (i) Claims filed by veterans who authorized a veterans service organization to act on the veterans' behalf under a durable power of attorney. (ii) Claims filed by veterans who authorized a person other than a veterans service organization to act on the veterans' behalf under a durable power of attorney. (iii) Claims filed by veterans who did not authorize a person to act on the veterans' behalf under a durable power of attorney. (2) Claims described.--The claims described in this paragraph are each of the following types of claims for benefits under the laws administered by the Secretary of Veterans Affairs: (A) A fully developed claim that is submitted in standard electronic form. (B) A fully developed claim that is submitted in standard paper form. (C) A claim that is not fully developed that is submitted in standard electronic form. (D) A claim that is not fully developed that is submitted in standard paper form. (E) A claim that is not fully developed that is submitted in non-standard paper form. (3) Update of information.--The information described in this subsection shall be updated not less frequently than once each fiscal quarter. TITLE IV--OTHER MATTERS SEC. 401. CLARIFICATION OF ELIGIBLE RECIPIENTS OF CERTAIN ACCRUED BENEFITS UPON DEATH OF BENEFICIARY. (a) Eligibility of Estate.--Section 5121(a)(2) of title 38, United States Code, is amended-- (1) in the matter preceding subparagraph (A), by inserting ``, or estate,'' after ``person''; and (2) by adding at the end the following new subparagraph: ``(D) The estate of the veteran (unless the estate will escheat).''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to the death of an individual on or after the date that is 2 years after the date of the enactment of this Act. SEC. 402. OBSERVANCE OF VETERANS DAY. (a) Two Minutes of Silence.--Chapter 1 of title 36, United States Code, is amended by adding at the end the following new section: ``Sec. 145. Veterans Day ``The President shall issue each year a proclamation calling on the people of the United States to observe 2 minutes of silence on Veterans Day in honor of the service and sacrifice of veterans throughout the history of the Nation, beginning at-- ``(1) 3:11 p.m. Atlantic standard time; ``(2) 2:11 p.m. eastern standard time; ``(3) 1:11 p.m. central standard time; ``(4) 12:11 p.m. mountain standard time; ``(5) 11:11 a.m. Pacific standard time; ``(6) 10:11 a.m. Alaska standard time; and ``(7) 9:11 a.m. Hawaii-Aleutian standard time.''. (b) Clerical Amendment.--The table of sections for chapter 1 of title 36, United States Code, is amended by adding at the end the following new item: ``145. Veterans Day.''. Passed the House of Representatives July 28, 2015. Attest: KAREN L. HAAS, Clerk.

(This measure has not been amended since it was reported to the House on July 16, 2015. Veterans' Compensation Cost-of-Living Adjustment Act of 2015 TITLE I--COMPENSATION COST-OF-LIVING ADJUSTMENT (Sec. 101) This bill directs the Department of Veterans Affairs (VA) to increase, as of November 30, 2015, the rates of: veterans' disability compensation, additional compensation for dependents, wartime disability compensation, the clothing allowance for certain disabled veterans, and dependency and indemnity compensation for surviving spouses and children. Each such increase shall be the same percentage as the benefits increase provided under title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act, as of December 1, 2015. (Sec. 102) The VA shall publish such adjusted rates in the Federal Register. TITLE II--UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS (Sec. 201) The temporary expansion of the Court of Appeals for Veterans Claims is extended till January 1, 2020. (Sec. 202) Specified recall requirements for retired judges are amended. A recall-eligible judge may request a recall for a period of service of at least 90 days (or the equivalent). (Sec. 203) A regular active service judge or a retired judge shall be treated as an employee for government life insurance purposes. (Sec. 204) Regular service judges, retired recall-eligible judges, and certain retired but not recall-eligible judges may purchase in three-month increments up to an additional year of service credit for each year of federal judicial service completed. (Sec. 205) The salary of Court judges is set at the rate applicable to federal appellate court judges. (Their salary is currently set at the rate applicable to federal district court judges.) (Sec. 206) The chief judge of the Court, in addition to existing qualifications, must not be older than 64 and have at least 3 years remaining in term of office as a judge of the Court in regular active service. TITLE III--IMPROVEMENT OF CLAIMS PROCESSING (Sec. 301) In the case of a disability compensation claim for two or more disabilities for which the VA, before completing the full adjudication, makes a decision with respect to a disability that would result in the payment of monetary benefits to the claimant, the VA shall make interim payments to the claimant based on such disability. Upon completion of the adjudication of all the disability claims the VA will pay the full amount of accrued benefits, less the amount of the interim payments that the claimant has already received. (Sec. 302) The VA shall: (1) establish a minimum two-year training program for newly hired claims processors, and (2) identify successful claims processors to assist in such training. (Sec. 303) The VA shall: (1) inform each person who submits a claim for benefits that he or she is eligible to receive up to an extra year of benefits payments upon the filing of a fully developed claim; and (2) post at each VA Regional Office, claims-intake facility, and on its website information regarding the average processing time of claims and the percentage of submitted claims for which benefits are awarded. TITLE IV--OTHER MATTERS (Sec. 401) The VA shall pay any accrued benefits due and unpaid, as of a veteran's date of death, to the veteran's estate unless the estate will escheat. (Sec. 402) The President shall issue an annual proclamation calling on the people of the United States to observe two minutes of silence on Veterans Day in honor of the service and sacrifice of veterans throughout the history of the nation.

Veterans' Compensation Cost-of-Living Adjustment Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Industrial Cogeneration Act of 2007''. SEC. 2. ENERGY CREDIT FOR COMBINED HEAT AND POWER SYSTEM PROPERTY. (a) In General.--Section 48(a)(3)(A) (defining energy property) is by striking ``or'' at the end of clause (iii), by inserting ``or'' at the end of clause (iv), and by adding at the end the following new clause: ``(v) combined heat and power system property,''. (b) Combined Heat and Power System Property.--Section 48 is amended by adding at the end the following new subsection: ``(d) Combined Heat and Power System Property.--For purposes of subsection (a)(3)(A)(v)-- ``(1) Combined heat and power system property.--The term `combined heat and power system property' means property comprising a system-- ``(A) which uses the same energy source for the simultaneous or sequential generation of electrical power, mechanical shaft power, or both, in combination with the generation of steam or other forms of useful thermal energy (including heating and cooling applications), ``(B) which has an electrical capacity of not more than 50 megawatts or a mechanical energy capacity of not more than 67,000 horsepower or an equivalent combination of electrical and mechanical energy capacities, ``(C) which produces-- ``(i) at least 20 percent of its total useful energy in the form of thermal energy which is not used to produce electrical or mechanical power (or combination thereof), and ``(ii) at least 20 percent of its total useful energy in the form of electrical or mechanical power (or combination thereof), ``(D) the energy efficiency percentage of which exceeds 60 percent, and ``(E) which is placed in service before January 1, 2011. ``(2) Special rules.-- ``(A) Energy efficiency percentage.--For purposes of this subsection, the energy efficiency percentage of a system is the fraction-- ``(i) the numerator of which is the total useful electrical, thermal, and mechanical power produced by the system at normal operating rates, and expected to be consumed in its normal application, and ``(ii) the denominator of which is the higher heating value of the primary fuel sources for the system. ``(B) Determinations made on btu basis.--The energy efficiency percentage and the percentages under paragraph (1)(C) shall be determined on a Btu basis. ``(C) Input and output property not included.--The term `combined heat and power system property' does not include property used to transport the energy source to the facility or to distribute energy produced by the facility. ``(D) Certain exception not to apply.--The first sentence of the matter in subsection (a)(3) which follows subparagraph (D) thereof shall not apply to combined heat and power system property. ``(3) Systems using bagasse.--If a system is designed to use bagasse for at least 90 percent of the energy source-- ``(A) paragraph (1)(D) shall not apply, but ``(B) the amount of credit determined under subsection (a) with respect to such system shall not exceed the amount which bears the same ratio to such amount of credit (determined without regard to this subparagraph) as the energy efficiency percentage of such system bears to 60 percent. ``(4) Nonapplication of certain rules.--For purposes of determining if the term `combined heat and power system property' includes technologies which generate electricity or mechanical power using back-pressure steam turbines in place of existing pressure-reducing valves or which make use of waste heat from industrial processes such as by using organic rankine, stirling, or kalina heat engine systems, paragraph (1) shall be applied without regard to subparagraphs (C) and (D) thereof.''. (c) Effective Date.--The amendments made by this section shall apply to periods after December 31, 2007, in taxable years ending after such date, 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).

Industrial Cogeneration Act of 2007 - Amends the Internal Revenue Code to allow an energy tax credit for investment in combined heat and power system property placed in service before January 1, 2011.

To amend the Internal Revenue Code of 1986 to apply the energy credit to combined heat and power system property.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Quality Teachers for All Act''. TITLE I--PARENTAL RIGHTS SEC. 101. PARENTAL RIGHT TO KNOW. Part E of title XIV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8891 et seq.) is amended by adding at the end the following: ``SEC. 14515. TEACHER QUALIFICATIONS. ``Any public elementary school or secondary school that receives funds under this Act shall provide to the parents of each student enrolled in the school information regarding-- ``(1) the professional qualifications of each of the student's teachers, both generally and with respect to the subject area in which the teacher provides instruction; and ``(2) the minimum professional qualifications required by the State for teacher certification or licensure.''. TITLE II--TEACHER QUALITY SEC. 201. TEACHER QUALITY. (a) In General.--Section 1111 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311) is amended-- (1) by redesignating subsections (c) through (g) as subsections (f) through (j), respectively; and (2) by inserting after subsection (b) the following: ``(c) Teacher Quality.-- ``(1) State standards and policies.--Each State plan shall contain assurances, with respect to schools served under this part, that-- ``(A) no student in those schools in the State will be taught for more than 1 year by an elementary school teacher, or for more than 2 consecutive years in the same subject by a secondary school teacher, who has not demonstrated the subject matter knowledge, teaching knowledge, and teaching skill necessary to teach effectively in the subject in which the teacher provides instruction; ``(B) the State provides incentives for teachers in those schools to pursue and achieve advanced teaching and subject area content standards; ``(C) the State has in place effective mechanisms to ensure that local educational agencies and schools served under this part are able-- ``(i) to recruit effectively fully qualified teachers; ``(ii) to reward financially those teachers and principals whose students have made significant progress toward high academic performance, such as through performance-based compensation systems and access to ongoing professional development opportunities for teachers and administrators; and ``(iii) to remove expeditiously incompetent or unqualified teachers consistent with procedures to ensure due process for teachers; ``(D) the State aggressively helps those schools, particularly in high need areas, recruit and retain fully qualified teachers; ``(E) during the period that begins on the date of enactment of the Quality Teachers for All Act and ends 4 years after such date, elementary school and secondary school teachers in those schools will be at least as well qualified, in terms of experience and credentials, as the instructional staff in schools served by the same local educational agency that are not schools served under this part; and ``(F) any teacher who meets the standards set by the National Board for Professional Teaching Standards will be considered fully qualified to teach in those schools in any school district or community in the State. ``(2) Qualifications of certain instructional staff.-- ``(A) In general.--Each State plan shall contain assurances that, not later than 4 years after the date of enactment of the Quality Teachers for All Act-- ``(i) all instructional staff who provide services to students under section 1114 or 1115 will have demonstrated the subject matter knowledge, teaching knowledge, and teaching skill necessary to teach effectively in the subject in which the staff provides instruction, according to the criteria described in this paragraph; and ``(ii) funds provided under this part will not be used to support instructional staff-- ``(I) who provide services to students under section 1114 or 1115; and ``(II) for whom State qualification or licensing requirements have been waived or who are teaching under an emergency or other provisional credential. ``(B) Elementary school instructional staff.--For purposes of making the demonstration described in subparagraph (A)(i), each member of the instructional staff who teaches elementary school students shall, at a minimum-- ``(i) have State certification (which may include certification obtained through alternative means) or a State license to teach; and ``(ii) hold a bachelor's degree and demonstrate subject matter knowledge, teaching knowledge, and teaching skill required to teach effectively in reading, writing, mathematics, social studies, science, and other elements of a liberal arts education. ``(C) Middle school and secondary school instructional staff.--For purposes of making the demonstration described in subparagraph (A)(i), each member of the instructional staff who teaches in middle schools and secondary schools shall, at a minimum-- ``(i) have State certification (which may include certification obtained through alternative means) or a State license to teach; and ``(ii) hold a bachelor's degree or higher degree and demonstrate a high level of competence in all subject areas in which the staff member teaches through-- ``(I) achievement of a high level of performance on rigorous academic subject area tests; ``(II) completion of an academic major (or courses totaling an equivalent number of credit hours) in each of the subject areas in which the staff member provides instruction; or ``(III) achievement of a high level of performance in relevant subject areas through other professional employment experience. ``(D) Teacher aides and other paraprofessionals.-- For purposes of subparagraph (A) funds provided under this part may be used to employ teacher aides or other paraprofessionals who do not meet the requirements under subparagraphs (B) and (C) only if such aides or paraprofessionals-- ``(i) provide instruction only when under the direct and immediate supervision, and in the immediate presence, of instructional staff who meet the criteria of this paragraph; and ``(ii) possess particular skills necessary to assist instructional staff in providing services to students served under this Act. ``(E) Use of funds.--Each State plan shall contain assurances that, beginning on the date of enactment of the Quality Teachers for All Act, no school served under this part will use funds received under this Act to hire instructional staff who do not fully meet all the criteria for instructional staff described in this paragraph. ``(F) Definition.--In this paragraph, the term `instructional staff' includes any individual who has responsibility for providing any student or group of students with instruction in any of the core academic subject areas, including reading, writing, language arts, mathematics, science, and social studies. ``(d) Assistance by State Educational Agency.--Each State plan shall describe how the State educational agency will help each local educational agency and school in the State develop the capacity to comply with the requirements of this section. ``(e) Corrective Action.--The appropriate State educational agency shall take corrective action consistent with section 1116(c)(5)(B)(i), against any local educational agency that does not make sufficient effort to comply with subsection (c). Such corrective action shall be taken regardless of the conditions set forth in section 1116(c)(5)(B)(ii). In a case in which the State fails to take the corrective action, the Secretary shall withhold funds from such State up to an amount equal to that reserved under sections 1003(a) and 1603(c).''. (b) Instructional Aides.--Section 1119 of Elementary and Secondary Education Act of 1965 (20 U.S.C. 6320) is amended by striking subsection (i). SEC. 202. FULLY QUALIFIED TEACHER IN EVERY CLASSROOM. Title I of the Elementary and Secondary Education Act of 1965 is amended by inserting after section 1119 (20 U.S.C. 6320) the following new sections: ``SEC. 1119A. A FULLY QUALIFIED TEACHER IN EVERY CLASSROOM. ``(a) Grants.-- ``(1) In general.--The Secretary may make grants, on a competitive basis, to States or local educational agencies, to assist schools that receive assistance under this part by carrying out the activities described in paragraph (3). ``(2) Application.--To be eligible to receive a grant under paragraph (1), a State or local educational agency shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(3) Uses of funds.-- ``(A) States.--In order to meet the goal under section 1111(c)(2) of ensuring that all instructional staff in schools served under this part have the subject matter knowledge, teaching knowledge, and teaching skill necessary to teach effectively in the subject in which the staff provides instruction, a State may use funds received under this section-- ``(i) to collaborate with programs that recruit, place, and train fully qualified teachers; ``(ii) to provide the necessary education and training, including establishing continuing education programs and paying the costs of tuition at an institution of higher education and other student fees (for programs that meet the criteria under section 203(b)(2)(A)(i) of the Higher Education Act of 1965 (20 U.S.C. 1023(b)(2)(A)(i))), to help teachers or other school personnel who do not meet the necessary qualifications and licensing requirements to meet the requirements, except that in order to qualify for a payment of tuition or fees under this clause an individual shall agree to teach for each of at least 2 subsequent academic years after receiving such degree in a school that-- ``(I) is located in a school district served by a local educational agency that is eligible in that academic year for assistance under this title; and ``(II) for that academic year, has been determined by the Secretary to be a school in which the enrollment of children counted under section 1124(c) exceeds 50 percent of the total enrollment of that school; ``(iii) to establish, expand, or improve alternative means of State certification of teachers for highly qualified individuals with a minimum of a baccalaureate degree, including mid-career professionals from other occupations, paraprofessionals, former military personnel, and recent graduates of an institution of higher education with records of academic distinction who demonstrate the potential to become highly effective teachers; ``(iv) for projects to increase the portability of teacher pensions or credited years of experience or to promote reciprocity of teacher certification or licensure between or among States, except that no reciprocity agreement developed under this clause or developed using funds provided under this part may lead to the weakening of any State teaching certification or licensing requirement; or ``(v) to establish, expand, or improve induction programs designed to support new teachers and promote retention of new teachers in schools served under this part. ``(B) Local educational agencies.--In order to meet the goal described in subparagraph (A), a local educational agency may use funds received under this section-- ``(i) to recruit fully qualified teachers, including through the use of signing bonuses or other financial incentives; and ``(ii) to carry out the activities described in clauses (i), (ii), and (v) of subparagraph (A). ``(4) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection $500,000,000 for fiscal year 2002 and such sums as may be necessary for each subsequent fiscal year. ``(b) Other Assistance.--Notwithstanding any other provision of law, in order to meet the goal described in subsection (a)(3)(A)-- ``(1) a State receiving assistance under title II, title VI, title II of the Higher Education Act of 1965 (20 U.S.C. 1021 et seq.), or the Goals 2000: Educate America Act (20 U.S.C. 5801 et seq.) may use such assistance for the activities described in subsection (a)(3)(A); and ``(2) a local educational agency receiving assistance under an authority described in paragraph (1) may use such assistance for the activities described in subsection (a)(3)(B). ``SEC. 1119B. CERTIFICATION GRANTS. ``(a) Grants.--The Secretary may make grants to State educational agencies, local educational agencies, or schools that receive assistance under this part to pay for the Federal share of the cost of providing financial assistance to teachers in such schools who obtain certification from the National Board of Professional Teaching Standards. ``(b) Application.--To be eligible to receive a grant under this section an agency or school shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(c) Eligible Teachers.--To be eligible to receive financial assistance under subsection (a), a teacher shall obtain the certification described in subsection (a). ``(d) Federal Share.--The Federal share of the cost described in subsection (a) shall be 50 percent. ``(e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $10,000,000 for fiscal year 2002 and such sums as may be necessary for each subsequent fiscal year.''. SEC. 203. LIMITATION. Part E of title XIV of the Elementary and Secondary Education Act of 1965, as amended in section 101, is further amended by adding at the end the following: ``SEC. 14516. PROHIBITION REGARDING PROFESSIONAL DEVELOPMENT SERVICES. ``None of the funds provided under this Act may be used for any professional development services for a teacher that are not directly related to the curriculum and subjects in which the teacher provides or will provide instruction.''.

Quality Teachers for All Act - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to require any public elementary or secondary school that receives funds under ESEA to provide to the parents of each student information on: (1) professional qualifications of the student's teachers; and (2) minimum professional qualifications required by the State for teacher certification or licensure.Revises requirements for State plans under ESEA title I (Helping Disadvantaged Students Meet High Standards) part A (Improving Basic Programs Operated by State and Local Educational Agencies) to add teacher quality requirements.Eliminates certain part A professional development requirements with respect to instructional aides.Establishes an ESEA title I part A program of grants by the Secretary of Education to provide a Fully Qualified Teacher in Every Classroom. Authorizes States and LEAs, in order to meet the goal of a qualified teacher in every classroom, to carry out specified activities with such grants and also use for the same purpose funds received under: (1) ESEA title II (Dwight D. Eisenhower Professional Development Program); (2) ESEA title VI (Innovative Education Program Strategies); (3) title II (Teacher Quality Enhancement Grants for States and Partnerships) of the Higher Education Act of 1965; or (5) the Goals 2000: Educate America Act.Establishes a certification grants program. Authorizes the Secretary to make such grants to SEAs, LEAs, or schools that receive part A assistance, to pay for one-half of the cost of providing financial assistance to teachers in such schools who obtain certification from the National Board of Professional Teaching Standards.Prohibits the use of any ESEA funds for any professional development services for a teacher that are not directly related to the curriculum and content areas in which the teacher provides instruction.

A bill to improve teacher quality, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Adoption Awareness Program Act''. SEC. 2. ADOPTION AWARENESS PROGRAM. (a) In General.--The Secretary of Health and Human Services (referred to in this Act as the ``Secretary'') shall establish an adoption awareness program. The Secretary shall make grants through the program to eligible private entities to pay for the Federal share of the cost of developing and distributing materials promoting adoption. (b) Use of Funds.-- (1) In general.--An entity that receives a grant under subsection (a) shall use funds made available through the grant to develop and carry out an adoption public promotion campaign, including-- (A) developing and placing public service announcements regarding adoption on television, radio, and billboards; and (B) developing and distributing brochures regarding adoption through federally funded family planning clinics in the United States, including coordinating the distribution of the brochures with the distribution of educational materials under title X of the Public Health Service Act (42 U.S.C. 300 et seq.). (2) Limitation.--The entity may not place a public service announcement, as described in paragraph (1)(A), or distribute a brochure, as described in paragraph (1)(B), until the Secretary has reviewed the announcement or brochure, reviewed the recommendation described in section 3(d) regarding the announcement or brochure, and approved the announcement or brochure. (c) Application.--To be eligible to receive a grant under subsection (a), an entity shall submit an application to the Secretary at such time, in such manner, and including such information as the Secretary may require. (d) Selection.--The Secretary shall make grants under subsection (a) to recipients selected from among applicants receiving favorable recommendations from the Adoption Advisory Committee under section 3(d)(1)(B). (e) Federal Share.-- (1) In general.--The Federal share of the cost described in subsection (a) shall be 50 percent. (2) Non-federal share.--The non-Federal share of the cost may be contributed in cash or in kind, fairly evaluated, including plant, equipment, or services. SEC. 3. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established a commission to be known as the Adoption Awareness Commission (referred to in this Act as the ``Commission''). (b) Composition.--The Commission shall be composed of 7 members, of whom-- (1) 1 shall be appointed by the President; (2)(A) 2 shall be appointed by the President, from among not fewer than 6 persons nominated by the majority leader of the Senate; and (B) 1 shall be appointed by the President, from among not fewer than 4 persons nominated by the minority leader of the Senate; and (3)(A) 2 shall be appointed by the President, from among not fewer than 6 persons nominated by the Speaker of the House of Representatives; and (B) 1 shall be appointed by the President, from among not fewer than 4 persons nominated by the minority leader of the House of Representatives. (c) Period of Appointment; Vacancies.--Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (d) Duties.--The Commission shall-- (1)(A) review the applications submitted under section 2; and (B) by majority vote, make recommendations to the Secretary regarding which applicants should receive grants made under section 2; and (2)(A) review the public service announcements and brochures developed by the recipients of the grants made under section 2; and (B) by majority vote, make recommendations to the Secretary regarding approval of the announcements and brochures. (e) Meetings.--The Commission shall meet at least 4 times in each fiscal year. (f) Compensation of Members.--Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (g) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (h) Detail of Government Employees.--Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (i) Procurement of Temporary and Intermittent Services.--The Chairman of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (j) Termination.--The Commission shall terminate on September 30, 2002. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $25,000,000 for each of fiscal years 1998 through 2002.

Adoption Awareness Program Act - Directs the Secretary of Health and Human Services to: (1) establish an adoption awareness program; and (2) make grants through the program to eligible private entities to pay for the Federal share of the cost of developing and distributing materials promoting adoption. Establishes the Adoption Awareness Commission to: (1) review grant applicants and the public service announcements and brochures developed by the grantees; and (2) make recommendations to the Secretary regarding grant recipients and Commission approval of announcements and brochures. Authorizes appropriations.

Adoption Awareness Program Act

SECTION 1. ESTABLISHMENT OF COMMISSION. There is established the National Independent Inquiry Commission on Disaster Preparedness and Response (in this Act referred to as the ``Commission''). SEC. 2. PURPOSES. The purposes of the Commission are to-- (1) examine, evaluate, and report on-- (A) the readiness and preparedness of Federal Government, State, and local governments and agencies to-- (i) respond to the dramatic effects of Hurricane Katrina, including a full and complete account of all Federal activities before and immediately after Hurricane Katrina made landfall; (ii) meet power and utility infrastructure and telecommunications needs immediately following Hurricane Katrina making landfall and all future disasters; and (iii) prepare for and respond to disasters of all kinds, sizes, and scopes, including natural or man-made; (B) the availability of adequate resources to meet the needs of displaced individuals and families, including temporary housing, medical services and facilities, transportation, and food and water supplies; and (C) the effectiveness of rescue and other life- saving techniques and operations and coordination between the Armed Forces and Federal, State, and local governments; (2) determine if the Federal response to Hurricane Katrina was and remains coordinated, adequate, and appropriate in size and scope; and (3) investigate and report to the President and Congress on the Federal Government's failure to prepare adequately for and respond to Hurricane Katrina. SEC. 3. COMPOSITION OF THE COMMISSION. (a) Members.--Subject to the requirements of subsection (b), the Commission shall be composed of 10 members, of whom-- (1) 1 member shall be appointed by the President, who shall serve as chairman of the Commission; (2) 1 member shall be appointed by the leader of the House of Representatives (majority or minority leader, as the case may be) of the Democratic Party, in consultation with the leader of the Senate (majority or minority leader, as the case may be) of the Democratic Party, who shall serve as vice chairman of the Commission; (3) 2 members shall be appointed by the senior member of the Senate leadership of the Republican Party; (4) 2 members shall be appointed by the senior member of the leadership of the House of Representatives of the Republican Party; (5) 2 members shall be appointed by the senior member of the Senate leadership of the Democratic Party; and (6) 2 members shall be appointed by the senior member of the leadership of the House of Representatives of the Democratic Party. (b) Qualifications.-- (1) Political party affiliation.--Not more than 5 members of the Commission shall be from the same political party. (2) Nongovernmental appointees.--No member of the Commission shall be an officer or employee of the Federal Government or any State or local government. (c) Deadline for Appointment.--All members of the Commission shall be appointed on or before December 15, 2005. (d) Initial Meeting.--The Commission shall meet and begin the operations of the Commission as soon as practicable. (e) Quorum; Vacancies.--After its initial meeting, the Commission shall meet upon the call of the Chairperson or a majority of its members. Eight 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. SEC. 4. FUNCTIONS OF THE COMMISSION. . (a) In General.--The functions of the Commission are to-- (1) investigate the effectiveness and efficiency relating to the Federal preparation for and response to Hurricane Katrina, including any legislation, executive order, regulation, plan, policy, practice, or procedure relating to the Federal Emergency Management Agency, Department of Homeland Security, and all relevant disaster preparedness and response- related Federal programs administered by any Federal department or agency; (2) identify, review, and evaluate the lessons learned from the tragic events of Hurricane Katrina regarding the structure, coordination, management policies, and procedures of the Federal Government, and, if appropriate, State and local governments and nongovernmental entities, relative to preparing for and responding to natural disasters; and (3) submit to the President and Congress such reports as are required by this Act containing such findings, conclusions, and recommendations as the Commission shall determine, including proposing organization, coordination, planning, management arrangements, procedures, and regulations. (b) Scope of Investigation.--For purposes of subsection (a)(1), the term ``effectiveness and efficiency'' includes facts, plans, policies, and circumstances relating to-- (1) mitigation; (2) flood protection; (3) early warning systems; (4) evacuation procedures; (5) life-saving techniques; (6) law enforcement; (7) public health; (8) power and utility infrastructure; (9) commerce, including commercial aviation and maritime; (10) telecommunications; (11) environmental protection; and (12) other areas of the public and private sectors determined relevant by the Commission for its inquiry. SEC. 5. POWERS OF THE COMMISSION. (a) Hearings and Evidence.--The Commission may, for purposes of carrying out this Act-- (1) hold hearings, sit and act at times and places, take testimony, receive evidence, and administer oaths; and (2) require, by subpoena or otherwise, the attendance and testimony of witnesses and the production of books, records, correspondence, memoranda, papers, and documents. (b) Subpoenas.-- (1) Service.--Subpoenas issued under subsection (a)(2) may be served by any person designated by the Commission. (2) Enforcement.-- (A) In general.--In the case of contumacy or failure to obey a subpoena issued under subsection (a)(2), 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. (B) Additional enforcement.--Sections 102 through 104 of the Revised Statutes of the United States (2 U.S.C. 192 through 194) shall apply in the case of any failure of any witness to comply with any subpoena or to testify when summoned under authority of this section. (c) Closed Meetings.--Notwithstanding any other provision of law which would require meetings of the Commission to be open to the public, any portion of a meeting of the Commission may be closed to the public if the President determines that such portion is likely to disclose matters that could endanger national security. (d) Contracting.--The Commission may enter, to such extent and in such amounts as are provided in appropriation Acts, into contracts to enable the Commission to discharge its duties under this Act. (e) Information From Federal Agencies.--The Commission may secure directly from any department, agency, or instrumentality of the United States any information related to any inquiry of the Commission conducted under this Act. Each such department, agency, or instrumentality shall, to the extent authorized by law, furnish such information directly to the Commission upon request. (f) 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 are authorized to 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. (g) Gifts.--The Commission, to such extent and in such amounts as are provided in appropriation Acts, may accept, use, and dispose of gifts or donations of services or property. (h) 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. (i) Powers of Subcommittees, Members, and Agents.--Any subcommittee, member, or agent of the Commission may take, if authorized by the Commission, any action which the Commission is authorized to take by this section. SEC. 6. STAFF OF THE COMMISSION. (a) Director.--The Commission shall have a Director who shall be appointed by the Chairperson and the Vice Chairperson, acting jointly. (b) Staff.--The Chairperson, in consultation with the Vice Chairperson, may appoint additional personnel as may be necessary to enable the Commission to carry out its functions. (c) Applicability of Certain Civil Service Laws.--The Director and 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 may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates; 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. Any individual appointed under subsection (a) or (b) shall be treated as an employee for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of such title. (d) 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. (e) 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 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. The appropriate executive departments and agencies shall cooperate with the Commission in expeditiously providing to the Commission members and staff appropriate security clearances in a manner consistent with existing procedures and requirements, except that no person shall be provided with access to classified information under this section who would not otherwise qualify for such security clearance. SEC. 9. REPORTS OF THE COMMISSION; TERMINATION. (a) Initial Report.--Not later than 1 year after the date of the first meeting of the Commission, the Commission shall submit to the President and Congress an initial report 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 6 months after the submission of the initial report of the Commission, the Commission shall submit to the President and Congress a final report containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members. (c) Termination.-- (1) 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 subsection (b). (2) 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. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Commission to carry out this Act $3,000,000. Such funds shall remain available until expended.

Establishes the bipartisan National Independent Inquiry Commission on Disaster Preparedness and Response to examine and report on the readiness of federal, state, and local governments and agencies to respond to the dramatic effects of Hurricane Katrina, meet power and utility infrastructure and telecommunications needs immediately following Katrina's landfall and all future disasters, and prepare for, and respond to disasters of all kinds, sizes, and scopes, including natural or man-made. Requires the Commission also to: (1) report on the availability of adequate resources to meet the needs of displaced individuals and families, and the effectiveness of rescue and other life-saving techniques and operations and coordination between the Armed Forces and federal, state, and local governments; (2) determine if the federal response to Hurricane Katrina was and remains coordinated, adequate, and appropriate in size and scope; and (3) investigate and report to the President and Congress on the Federal Government's failure to prepare adequately for and respond to Hurricane Katrina.

To establish a National Independent Inquiry Commission on Disaster Preparedness and Response.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Credit Score Competition Act of 2017''. SEC. 2. CREDIT SCORE VALIDATION; VALIDATION PROCESS. (a) Use of Credit Scores by Fannie Mae in Purchasing Residential Mortgages.--Section 302(b) of the Federal National Mortgage Association Charter Act (12 U.S.C. 1717(b)) is amended by adding at the end the following: ``(7)(A) Definition.--In this paragraph, the term `credit score' means a numerical value or a categorization derived from a statistical tool or modeling system used by a person who makes or arranges a loan to predict the likelihood of certain credit behaviors, including default. ``(B) Use of Credit Scores.--The corporation may condition purchase of a residential mortgage by the corporation under this subsection on the provision of a credit score for the borrower only if-- ``(i) the credit score is derived from any credit scoring model that has been validated and approved by the corporation under this paragraph; ``(ii) the corporation has established and made publicly available a description of the process the corporation will use to validate and approve credit scoring models, which process shall comply with any standards and criteria established by the Director of the Federal Housing Finance Agency pursuant to section 1328 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992; and ``(iii) the corporation provides for the use of the credit score by all of the automated underwriting systems of the corporation and any other procedures and systems used by the corporation to purchase residential mortgages. ``(C) Validation and Approval Process.--The process described in subparagraph (B)(ii) shall include an evaluation of-- ``(i) the criteria used to validate and approve a credit scoring model, including measures of the integrity, reliability, and accuracy of that model, and an assurance that the model is consistent with the safe and sound operation of the corporation; and ``(ii) the data necessary for the validation of the credit scoring model. ``(D) Application.--If the corporation elects to use a credit score under this paragraph, the corporation shall solicit applications from developers of credit scoring models for the validation and approval of those models under the process described in subparagraph (B)(ii). ``(E) Timeframe for Determination; Notice.-- ``(i) In general.--The corporation shall make a determination with respect to any application submitted under subparagraph (D), and provide notice of that determination to the applicant, before a date established by the corporation that is not later than 180 days after the date on which an application is submitted to the corporation. ``(ii) Extensions.--The Director of the Federal Housing Finance Agency may authorize up to 2 extensions of the date established under clause (i), each of which shall not exceed 30 days, upon a written request and a showing of good cause by the corporation. ``(iii) Status notice.--The corporation shall provide notice to an applicant regarding the status of an application submitted under subparagraph (D) not later than 60 days after the date on which the application was submitted to the corporation. ``(iv) Reasons for disapproval.--If an application submitted under subparagraph (D) is disapproved, the corporation shall provide to the applicant the reasons for the disapproval not later than 30 days after a determination is made under this subparagraph. ``(F) Authority of Director.--If the corporation elects to use a credit score under this paragraph, the Director of the Federal Housing Finance Agency shall require the corporation to routinely update the validation and approval process described in subparagraph (B)(ii) as the Director determines necessary to ensure that the process remains appropriate, adequate, and complies with any standards and criteria established pursuant to section 1328 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992.''. (b) Use of Credit Scores by Freddie Mac in Purchasing Residential Mortgages.--Section 305 of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1454) is amended by adding at the end the following: ``(d)(1) Definition.--In this subsection, the term `credit score' means a numerical value or a categorization derived from a statistical tool or modeling system used by a person who makes or arranges a loan to predict the likelihood of certain credit behaviors, including default. ``(2) Use of Credit Scores.--The Corporation may condition purchase of a residential mortgage by the Corporation under this section on the provision of a credit score for the borrower only if-- ``(A) the credit score is derived from any credit scoring model that has been validated and approved by the Corporation under this subsection; ``(B) the Corporation has established and made publicly available a description of the process the Corporation will use to validate and approve credit scoring models, which shall comply with any standards and criteria established by the Director of the Federal Housing Finance Agency pursuant to section 1328 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992; and ``(C) the Corporation provides for use of the credit score by all of the automated underwriting systems of the Corporation and any other procedures and systems used by the Corporation to purchase residential mortgages. ``(3) Validation and Approval Process.--The process described in paragraph (2)(B) shall include an evaluation of-- ``(A) the criteria used to validate and approve a credit scoring model, including measures of the integrity, reliability, and accuracy of that model and an assurance that the model is consistent with the safe and sound operation of the Corporation; and ``(B) the data necessary for the validation of the credit scoring model. ``(4) Application.--If the Corporation elects to use a credit score under this subsection, the Corporation shall solicit applications from developers of credit scoring models for the validation and approval of those models under the process described in paragraph (2)(B). ``(5) Timeframe for Determination; Notice.-- ``(A) In general.--The Corporation shall make a determination with respect to any application submitted under paragraph (4), and provide notice of that determination to the applicant, before a date established by the Corporation that is not later than 180 days after the date on which an application is submitted to the Corporation. ``(B) Extensions.--The Director of the Federal Housing Finance Agency may authorize up to 2 extensions of the date established under subparagraph (A), each of which shall not exceed 30 days, upon the written request and a showing of good cause by the Corporation. ``(C) Status notice.--The Corporation shall provide notice to an applicant regarding the status of an application submitted under paragraph (4) not later than 60 days after the date on which the application was submitted to the Corporation. ``(D) Reasons for disapproval.--If an application submitted under paragraph (4) is disapproved, the Corporation shall provide to the applicant the reasons for the disapproval not later than 30 days after a determination is made under this paragraph. ``(6) Authority of Director.--If the Corporation elects to use a credit score under this subsection, the Director of the Federal Housing Finance Agency shall require the Corporation to routinely update the validation and approval process described in paragraph (2)(B) as the Director determines necessary to ensure that the process remains appropriate, adequate, and complies with any standards and criteria established pursuant to section 1328 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992.''. SEC. 3. AUTHORITY OF DIRECTOR OF THE FEDERAL HOUSING FINANCE AGENCY. Subpart A of part 2 of subtitle A of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4541 et seq.) is amended by adding at the end the following: ``SEC. 1328. REGULATIONS FOR USE OF CREDIT SCORES. ``The Director may, by regulation, establish standards and criteria for any process used by an enterprise to validate and approve credit scoring models pursuant to section 302(b)(7) of the Federal National Mortgage Association Charter Act and section 305(d) of the Federal Home Loan Mortgage Corporation Act.''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall take effect on the date that is 180 days after the date of enactment of this Act.

Credit Score Competition Act of 2017 This bill amends the Federal National Mortgage Association Charter Act and the Federal Home Loan Mortgage Corporation Act to allow the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac), when determining whether to purchase a residential mortgage, to consider a borrower's credit score only if certain procedural requirements are met with respect to the validation and approval of credit-scoring models. The Federal Housing Finance Agency may, by regulation, establish standards and criteria for processes used by Fannie Mae and Freddie Mac to validate and approve credit-scoring models in accordance with the bill.

Credit Score Competition Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Labor Deterrence Act of 1993''. SEC. 2. FINDINGS, PURPOSE, AND POLICY. (a) Findings.--The Congress finds the following: (1) Principle 9 of the Declaration of the Rights of the Child proclaimed by the General Assembly of the United Nations on November 20, 1959, states that ``. . . the child shall not be admitted to employment before an appropriate minimum age; he shall in no case be caused or permitted to engage in any occupation or employment which would prejudice his health or education, or interfere with his physical, mental or moral development . . .''. (2) Article 2 of the International Labor Convention No. 138 Concerning Minimum Age For Admission to Employment states that, ``The minimum age specified in pursuance of paragraph 1 of this article shall not be less than the age of compulsory schooling and, in any case, shall not be less than 15 years.''. (3) According to the International Labor Organization, worldwide an estimated 200,000,000 children under age 15 are working, many of them in dangerous industries like mining and fireworks. (4) Children under the age 15 constitute approximately 11 percent of the workforce in some Asian countries, 17 percent in parts of Africa, and a reported 12-26 percent in many countries in Latin America. (5) The number of children under age 15 who are working, and the scale of their suffering, increase every year, despite the existence of more than 20 International Labor Organization conventions on child labor and laws in many countries which purportedly prohibit the employment of under age children (6) In many countries, children under the age 15 lack either the legal standing or means to protect themselves from exploitation in the workplace. (7) The employment of children under the age of 15 commonly deprives the children of the opportunity for basic education and also denies gainful employment to millions of adults. (8) The employment of children under the age of 15, often at pitifully low wages, undermines the stability of families and ignores the importance of increasing jobs, aggregated demand, and purchasing power among adults as a catalyst to the development of internal markets and the achievement of broad- based, self-reliant economic development in many developing countries. (9) Adult workers in the United States and other developed countries should not have their jobs imperiled by imports produced by child labor in developing countries. (b) Purpose.--The purpose of this Act is to curtail the employment of children under age 15 in the production of goods for export by-- (1) eliminating the role of the United States in providing a market for foreign products made by underage children; and (2) encouraging other nations to join in a ban on trade in such products. SEC. 3. UNITED STATES INITIATIVE TO CURTAIL INTERNATIONAL TRADE IN PRODUCTS OF CHILD LABOR. In pursuit of the policy set forth in this Act, the President is urged to seek an agreement with governments that conduct trade with the United States for the purpose of securing an international ban on trade in the products of child labor. SEC. 4. IDENTIFICATION OF FOREIGN INDUSTRIES AND THEIR RESPECTIVE HOST COUNTRIES THAT UTILIZE CHILD LABOR IN EXPORT OF GOODS. (a) Identification of Industries and Host Countries.--The Secretary of Labor (hereafter in this section referred to as the ``Secretary'') shall undertake periodic reviews using all available information, including information made available by the International Labor Organization and human rights organizations (the first such review to be undertaken not later than 180 days after the date of the enactment of the Act), to identify any foreign industry and its host country that-- (1) utilize child labor in the export of products; and (2) has on a continuing basis exported products of child labor to the United States. (b) Petitions Requesting Identification.-- (1) Filing.--Any person may file a petition with the Secretary requesting that a particular foreign industry and its host country be identified under subsection (a). The petition must set forth the allegations in support of the request. (2) Action on receipt of petition.--Not later than 90 days after receiving a petition under paragraph (1), the Secretary shall-- (A) decide whether or not the allegations in the petition warrant further action by the Secretary in regard to the foreign industry and its host country under subsection (a); and (B) notify the petitioner of the decision under subparagraph (A) and the facts and reasons supporting the decision. (c) Consultation and Comment.--Prior to identifying a foreign industry and its host country under subsection (a), the Secretary shall-- (1) consult with the United States Trade Representative, the Secretary of State, the Secretary of Commerce and the Secretary of the Treasury regarding such action; (2) publish notice in the Federal Register that such an identification is being considered and inviting the submission within a reasonable time of written comment from the public; and (3) take into account the information obtained under paragraphs (1) and (2). (d) Revocation of Identification.-- (1) In general.--Subject to paragraph (2), the Secretary may revoke the identification of any foreign industry and its host country under subsection (a) if information available to the Secretary indicates that such action is appropriate. (2) Report of secretary.--No revocation under paragraph (1) may take effect earlier than the 60th day after the date on which the Secretary submits to the Congress a written report-- (A) stating that in the opinion of the Secretary the foreign industry and host country concerned does not utilize child labor in the export of products; and (B) stating the facts on which such opinion is based and any other reason why the Secretary considers the revocation appropriate. (3) Procedure.--No revocation under paragraph (1) may take effect unless the Secretary-- (A) publishes notice in the Federal Register that such a revocation is under consideration and inviting the submission within a reasonable time of written comment from the public on the revocation; and (B) takes into account the information received under subparagraph (A) before preparing the report required under paragraph (2). (e) Publication.--The Secretary shall-- (1) promptly publish in the Federal Register-- (A) the name of each foreign industry and its host country identified under subsection (a); (B) the text of the decision made under subsection (b)(2)(A) and a statement of the facts and reasons supporting the decision; and (C) the name of each foreign industry and its host country with respect to which an identification has been revoked under subsection (d); and (2) maintain in the Federal Register a current list of all foreign industries and their respective host countries identified under subsection (a). SEC. 5. PROHIBITION ON ENTRY. (a) Prohibition.-- (1) In general.--Except as provided in paragraph (2), during the effective identification period for a foreign industry and its host country, the Secretary may not permit the entry of any manufactured article that is a product of that foreign industry. (2) Exception.--Paragraph (1) shall not apply to the entry of a manufactured article-- (A) for which a certification that meets the requirements of subsection (b) is provided; (B) that is entered under any subheading in subchapter IV or VI of chapter 98 (relating to personal exemptions) of the Harmonized Tariff Schedule of the United States; or (C) that was exported from the foreign industry and its host country and was en route to the United States before the first day of the effective identification period for such industry and its host country. (b) Certification That Article Is Not a Product of Child Labor.-- (1) Form and content.--The Secretary shall prescribe the form and content of documentation, for submission in connection with the entry of a manufactured article, that satisfies the Secretary that the importer of the article has undertaken reasonable steps to ensure, to the extent practicable, that the article is not a product of child labor. (2) Written evidence.--The documentation required by the Secretary under paragraph (1) shall include written evidence that the agreement setting forth the terms and conditions of the acquisition or provision of the imported article includes the condition that the article not be a product of child labor. SEC. 6. PENALTIES. (a) Unlawful Acts.--It is unlawful-- (1) during the effective identification period applicable to a foreign industry and its host country, to attempt to enter any manufactured article that is a product of that industry if the entry is prohibited under section 5(a)(1); or (2) to violate any regulation prescribed under section 7. (b) Civil Penalty.--Any person who commits any unlawful act set forth in subsection (a) is liable for a civil penalty of not to exceed $25,000. (c) Criminal Penalty.--In addition to being liable for a civil penalty under subsection (b), any person who intentionally commits any unlawful act set forth in subsection (a) is, upon conviction, liable for a fine of not less than $10,000 and not more than $35,000, or imprisonment for 1 year, or both. (d) Construction.--The violations set forth in subsection (a) shall be treated as violations of the customs laws for purposes of applying the enforcement provisions of the Tariff Act of 1930, including-- (1) the search, seizure and forfeiture provisions; (2) section 592 (relating to penalties for entry by fraud, gross negligence, or negligence); and (3) section 619 (relating to compensation to informers). SEC. 7. REGULATIONS. The Secretary shall prescribe regulations that are necessary or appropriate to carry out this Act. SEC. 8. DEFINITIONS. For the purposes of this Act: (1) Manufactured article.--A manufactured article shall be treated as being a product of child labor if the article-- (A) was fabricated, assembled, or processed, in whole or part; (B) contains any part that was fabricated, assembled, or processed, in whole or in part; or (C) was mined, quarried, pumped, or otherwise extracted, by one or more children who engaged in the fabrication, assembly, processing, or extraction-- (i) in exchange for remuneration (regardless to whom paid), subsistence, goods or services, or any combination of the foregoing; (ii) under circumstances tantamount to involuntary servitude; or (iii) under exposure to toxic substances or working conditions otherwise posing serious health hazards. (2) Child.--The term ``child'' means an individual who has not attained the age of 15. (3) Effective identification period.--The term ``effective identification period'' means, with respect to a foreign industry or country, the period that-- (A) begins on the date of that issue of the Federal Register in which the identification of the foreign industry or country is published under section 4(e)(1)(A); and (B) terminates on the date of that issue on the Federal Register in which the revocation of the identification referred to in subparagraph (A) is published under section 4(e)(1)(B). (4) Entered.--The term ``entered'' means entered, or withdrawn from warehouse for consumption, in the customs territory of the United States. (5) Foreign industry.--The term ``foreign industry'' includes any entity that produces a manufactured article in any possession or territory of a foreign country. (6) Host country.--The term ``host country'' means any possession or territory of a foreign country that is administered separately for customs purposes and on which a foreign industry produces a manufactured article. (7) Manufactured article.--The term ``manufactured article'' means any good that is fabricated, assembled, or processed. The term also includes any mineral resources (including any mineral fuel) that is entered in a crude state. Any mineral resource that at entry has been subjected to only washing, crushing, grinding, powdering, levigation, sifting, screening, or concentration by flotation, magnetic separation, or other mechanical or physical processes shall be treated as having been processed for the purposes of this Act. (8) Secretary.--The term ``Secretary'', except for purposes of section 4, means the Secretary of the Treasury.

Child Labor Deterrence Act of 1993 - Urges the President to seek an agreement with governments that trade with the United States to secure an international ban on trade in products of child labor. Requires the Secretary of Labor (Secretary) to identify foreign countries that: (1) utilize child labor in the export of products; and (2) have on a continuing basis exported such products to the United States. Authorizes any person to file a petition with the Secretary requesting that a particular foreign industry and its host country be identified. Requires the Secretary, before making such identification, to: (1) consult with the U.S. Trade Representative, the Secretary of State, the Secretary of Commerce, and the Secretary of the Treasury; and (2) publish notice in the Federal Register that such identification is being considered and invite public comment. Prohibits the importation of products which have been produced by child labor. Sets forth civil and criminal penalties.

Child Labor Deterrence Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Worker Protection Against Combustible Dust Explosions and Fires Act of 2008''. SEC. 2. FINDINGS. Congress finds the following: (1) An emergency exists concerning worker exposure to combustible dust explosions and fires. (2) 13 workers were killed and more than 60 seriously injured in a catastrophic combustible dust explosion at Imperial Sugar in Port Wentworth, Georgia on February 7, 2008. (3) Following 3 catastrophic dust explosions that killed 14 workers in 2003, the Chemical Safety and Hazard Investigation Board (CSB) issued a report in November 2006, which identified 281 combustible dust incidents between 1980 and 2005 that killed 119 workers and injured 718. The CSB concluded that ``combustible dust explosions are a serious hazard in American industry''. (4) A quarter of the explosions occurred at food industry facilities, including sugar plants. Seventy additional combustible dust explosions have occurred since 2005. (5) Material Safety Data Sheets (MSDSs) often do not adequately address the hazards of combustible dusts, and the OSHA Hazard Communication Standard (HCS) inadequately addresses dust explosion hazards and fails to ensure that safe work practices and guidance documents are included in MSDSs. (6) The CSB recommended that OSHA issue a standard designed to prevent combustible dust fires and explosions in general industry, based on current National Fire Protection Association (NFPA) dust explosion standards. (7) The CSB also recommended that OSHA revise the Hazard Communication Standard (HCS) (1910.1200) to clarify that combustible dusts are covered and that Material Safety Data Sheets contain information about the hazards and physical properties of combustible dusts. (8) OSHA has not initiated rulemaking in response to the CSB's recommendation. (9) OSHA issued a grain handling facilities standard (29 C.F.R. 1910.272), in 1987 that has proven highly effective in reducing the risk of combustible grain dust explosions, according to an OSHA evaluation. (10) No Occupational Safety and Health Administration standard comprehensively addresses combustible dust explosion hazards in general industry. (11) Voluntary National Fire Protection Association standards exist which, when implemented, effectively reduce the likelihood and impact of combustible dust explosions. SEC. 3. ISSUANCE OF STANDARD ON COMBUSTIBLE DUST. (a) Interim Standard.-- (1) Application and rulemaking.--Notwithstanding any other provision of law, not later than 90 days after the date of enactment of this Act, the Secretary of Labor shall promulgate an interim final standard regulating combustible dusts. The interim final standard shall, at a minimum, apply to manufacturing, processing, blending, conveying, repackaging, and handling of combustible particulate solids and their dusts, including organic dusts (such as sugar, candy, paper, soap, and dried blood), plastics, sulfur, wood, rubber, furniture, textiles, pesticides, pharmaceuticals, fibers, dyes, coal, metals (such as aluminum, chromium, iron, magnesium, and zinc), fossil fuels, and others determined by the Secretary, but shall not apply to processes already covered by OSHA's standard on grain facilities (29 C.F.R. 1910.272). (2) Requirements.--The interim final standard required under this subsection shall include the following: (A) Requirements for hazard assessment to identify, evaluate, and control combustible dust hazards. (B) Requirements for a written program that includes provisions for hazardous dust inspection, testing, hot work, ignition control, and housekeeping, including the frequency and method or methods used to minimize accumulations of combustible dust on ledges, floors, equipment, and other exposed surfaces. (C) Requirements for engineering controls (which requirements shall be effective 6 months after the date on which the interim standard is issued), administrative controls, and operating procedures, such as means to control fugitive dust emissions and ignition sources, the safe use and maintenance of dust producing and dust collection systems and filters, minimizing horizontal surfaces where dust can accumulate, and sealing of areas inaccessible to housekeeping. (D) Requirements for housekeeping to prevent accumulation of combustible dust in places of employment in such depths that it can present explosion, deflagration, or other fire hazards, including safe methods of dust removal. (E) Requirements for employee participation in hazard assessment, development of and compliance with the written program, and other elements of hazard management. (F) Requirements to provide written safety and health information and annual training to employees, including housekeeping procedures, hot work procedures, preventive maintenance procedures, common ignition sources, and lock-out, tag-out procedures. (3) Procedure.--The requirements in this subsection shall take effect without regard to the procedural requirements applicable to regulations promulgated under section 6(b) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)) or the procedural requirements of chapter 5 of title 5, United States Code. (4) Effective date of interim standard.--Except as specified in paragraph (2)(C) with regards to engineering controls, the interim final standard shall take effect 30 days after issuance. The interim final standard shall have the legal effect of an occupational safety and health standard, and shall apply until a final standard becomes effective under section 6 of the Occupational Safety and Health Act (29 U.S.C. 655). (b) Final Standard.-- (1) Rulemaking.--Not later than 18 months after the date of enactment of this Act, the Secretary of Labor shall, pursuant to section 6 of the Occupational Safety and Health Act (29 U.S.C. 655), promulgate a final standard regulating combustible dust explosions. (2) Requirements.--The final standard required under this subsection shall include the following: (A) The scope described in subsection (a)(1). (B) The worker protection provisions in subsection (a)(2). (C) Requirements for managing change of dust producing materials, technology, equipment, staffing, and procedures. (D) Requirements for building design such as explosion venting, ducting, and sprinklers. (E) Requirements for explosion protection, including separation and segregation of the hazard. (F) Relevant and appropriate provisions of National Fire Protection Association combustible dust standards. (3) Procedure.--The final standard required by this subsection shall be promulgated in accordance with the procedural requirements for rulemaking under section 6(b) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)) and under title 5, United States Code, including the requirements relating to small businesses in chapter 6 of such title. SEC. 4. REVISION OF THE HAZARD COMMUNICATION STANDARD. (a) Revision Required.--Notwithstanding any other provision of law, not later than 6 months after the date of enactment of this Act, the Secretary of Labor shall revise the hazard communication standard in section 1910.1200 of title 29, Code of Federal Regulations, by amending the definition of ``physical hazard'' in subsection (c) of such section to include ``a combustible dust'' as an additional example of such a hazard. (b) Effect of Modifications.--The modification under this section shall be in force until superseded in whole or in part by regulations promulgated by the Secretary of Labor under section 6(b) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)) and shall be enforced in the same manner and to the same extent as any rule or regulation promulgated under section 6(b). (c) Effective Date.--The modification to the hazard communication standard required shall take effect within 30 days after the publication of the revised rule. Passed the House of Representatives April 30, 2008. Attest: LORRAINE C. MILLER, Clerk.

Worker Protection Against Combustible Dust Explosions and Fires Act of 2008 - (Sec. 3) Requires the Secretary of Labor, within 90 days, to promulgate an interim final standard regulating combustible dusts, which shall apply to manufacturing, processing, blending, conveying, repackaging, and handling of combustible particulate solids and their dusts (including organic dusts, plastics, sulfur, wood, rubber, furniture, textiles, pesticides, pharmaceuticals, fibers, dyes, coal, metals, and fossil fuels), but shall not apply to processes already covered by the Occupational Safety and Health Administration's (OSHA) standard on grain facilities. Requires such standard to provide requirements for: (1) a hazard assessment to identify, evaluate, and control combustible dust hazards; (2) a written program that includes provisions for hazardous dust inspection, testing, hot work, ignition control, and housekeeping, including the frequency and methods used to minimize accumulations of combustible dust on ledges, floors, equipment, and other exposed surfaces; (3) engineering (which requirements shall be effective six months after the date on which the interim standard is issued), administrative controls and operating procedures, such as means to control fugitive dust emissions and ignition sources, the safe use and maintenance of dust producing and dust collection systems and filters, minimizing horizontal surfaces where dust can accumulate, and sealing of areas inaccessible to housekeeping; (4) housekeeping to prevent accumulation of combustible dust in places of employment in depths that can present explosion, deflagration, or other fire hazards, including safe methods of dust removal; (5) employee participation in hazard assessment, development of and compliance with the written program, and other elements of hazard management; and (6) providing safety and health information and annual training to employees, including housekeeping procedures, hot work procedures, preventive maintenance procedures, common ignition sources, and lock-out, tag-out procedures. Provides an exemption from otherwise applicable rulemaking requirements for the interim standard but not for the final standard. Provides that such interim standard shall have the legal effect of an occupational safety and health standard and shall apply until a final standard becomes effective. Requires the Secretary of Labor, within 18 months, to promulgate a final occupational safety and health standard regulating combustible dust explosions that has the same scope and worker protection provisions as the interim rule and provides requirements for: (1) managing change of dust producing materials, technology, equipment, staffing, and procedures; (2) building design such as explosion venting, ducting, and sprinklers; and (3) explosion protection, including separation and segregation of the hazard. Requires the final rule to include relevant and appropriate provisions of the National Fire Protection Association combustible dust standards. (Sec. 4) Requires the Secretary to revise the hazard communications standard to amend the definition of "physical hazard" to include "a combustible dust" as an additional example of such a hazard.

To require the Secretary of Labor to issue interim and final occupational safety and health standards regarding worker exposure to combustible dust, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair and Competitive Election Act''. SEC. 2. HOUSE OF REPRESENTATIVES ELECTION LIMITATION ON CONTRIBUTIONS FROM PERSONS OTHER THAN LOCAL INDIVIDUAL RESIDENTS. (a) In General.--Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a), is amended by adding at the end the following new subsection: ``(i)(1) A candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress may not, with respect to a reporting period for an election, accept contributions from persons other than local individual residents totaling in excess of the total of contributions accepted from local individual residents. ``(2) As used in this subsection, the term `local individual resident' means an individual who resides in a county, any part of which is in the congressional district involved. ``(3)(A) Any candidate who accepts contributions that exceed the limitation under this subsection by 5 percent or less shall refund the excess contributions to the persons who made the contributions. ``(B) Any candidate who accepts contributions that exceed the limitation under this subsection by more than 5 percent and less than 10 percent shall pay to the Commission, for deposit in the Treasury, an amount equal to three times the amount of the excess contributions. ``(C) Any candidate who accepts contributions that exceed the limitation under this subsection by 10 percent or more shall pay to the Commission, for deposit in the Treasury, an amount equal to three times the amount of the excess contributions plus a civil penalty in an amount determined by the Commission.''. (b) Effective Provision.--During any period with respect to which subsection (i) of section 315 of the Federal Election Campaign Act of 1971, as added by subsection (a), is not in effect, such subsection shall be effective as so added, together with the following new paragraph: ``(3) For purposes of this subsection, an individual may not be considered a resident of more than one congressional district.''. SEC. 3. REDUCTION IN THE LIMITATION AMOUNT APPLICABLE TO NONPARTY MULTICANDIDATE POLITICAL COMMITTEE CONTRIBUTIONS TO CANDIDATES. (a) In General.--Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a), as amended by section 1, is further amended by adding at the end the following new subsection: ``(j) Notwithstanding subsection (a)(2)(A), no nonparty multicandidate political committee may make contributions referred to in that subparagraph which, in the aggregate, exceed $1,000.''. (b) Technical Amendment.--Section 315(a)(2)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(2)(A)) is amended by inserting after ``(A)'' the following: ``except as provided in subsection (j),''. SEC. 4. BAN ON SOFT MONEY. (a) In General.--Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended by adding at the end the following new section: ``limitations and reporting requirements for amounts paid for mixed political activities ``Sec. 323. (a) Any payment by the national committee of a political party or a State committee of a political party for a mixed political activity-- ``(1) shall be subject to limitation and reporting under this Act as if such payment were an expenditure; and ``(2) may be paid only from an account that is subject to the requirements of this Act. ``(b) As used in this section, the term `mixed political activity' means, with respect to a payment by the national committee of a political party or a State committee of a political party, an activity, such as a voter registration program, a get-out-the-vote drive, or general political advertising, that is both (1) for the purpose of influencing an election for Federal office, and (2) for any purpose unrelated to influencing an election for Federal office.''. (b) Repeal of Building Fund Exception to the Definition of the Term ``Contribution''.--Section 301(8)(B) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(8)(B)) is amended-- (1) by striking out clause (viii); and (2) by redesignating clauses (ix) through (xiv) as clauses (viii) through (xiii), respectively. SEC. 5. TRANSITION RULE RELATING TO EXCESS FUNDS OF CANDIDATES FOR THE HOUSE OF REPRESENTATIVES. A candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress, who, on the date of the enactment of this Act, has campaign accounts containing amounts in excess of the contribution limit under section 315(i) of the Federal Election Campaign Act of 1971 shall deposit such excess in a separate account subject to section 304 of the Federal Election Campaign Act of 1971. The amount so deposited shall be available for any lawful purpose other than use, with respect to the individual for an election for the office of Representative, in, or Delegate or Resident Commissioner to, the Congress. For purposes of this section, excess funds are those funds which exceed twice the amount of funds raised from local individual residents after December 31, 1992. From the date of the enactment of this Act until the end of the period covered by the 1994 pre-primary report a candidate may transfer excess funds from the separate account to the campaign account so long as a majority of the total funds contributed or transferred to the campaign account were raised from local individual residents after December 31, 1992. No funds may be transferred from a separate account of a candidate to a campaign account of the candidate after the end of the period covered by the 1994 pre-primary report. SEC. 6. EFFECTIVE DATE. The amendments made by this Act shall take effect on the date of the enactment of this Act.

Fair and Competitive Election Act - Amends the Federal Election Campaign Act of 1971 to limit: (1) House of Representatives election contributions from persons other than local individual residents; (2) nonparty multicandidate political committee (PAC) candidate contributions; and (3) soft money contributions. Sets forth a transition rule relating to excess funds for House of Representatives candidates.

Fair and Competitive Election Act

SECTION 1. ESTABLISHMENT OF TOLL FREE NUMBER PILOT PROGRAM. (a) Establishment.--If the Secretary of Commerce determines, on the basis of comments submitted in rulemaking under section 2, that-- (1) interest among manufacturers is sufficient to warrant the establishment of a 3-year toll free number pilot program, and (2) manufacturers will provide fees under section 2(c) so that the program will operate without cost to the Federal Government, the Secretary shall establish such program solely to help inform consumers whether a product is ``Made in America''. The Secretary shall publish the toll-free number by notice in the Federal Register. (b) Contract.--The Secretary of Commerce shall enter into a contract for-- (1) the establishment and operation of the toll free number pilot program provided for in subsection (a), and (2) the registration of products pursuant to regulations issued under section 2, which shall be funded entirely from fees collected under section 2(c). (c) Use.--The toll free number shall be used solely to inform consumers as to whether products are registered under section 2 as ``Made in America''. Consumers shall also be informed that registration of a product does not mean-- (1) that the product is endorsed or approved by the Government, (2) that the Secretary has conducted any investigation to confirm that the product is a product which meets the definition of ``Made in America'' in section 4 of this Act, or (3) that the product contains 100 percent United States content. SEC. 2. REGISTRATION. (a) Proposed Regulation.--The Secretary of Commerce shall propose a regulation-- (1) to establish a procedure under which the manufacturer of a product may voluntarily register such product as complying with the definition of ``Made in America'' in section 4 of this Act and have such product included in the information available through the toll free number established under section 1(a); (2) to establish, assess, and collect a fee to cover all the costs (including start-up costs) of registering products and including registered products in information provided under the toll-free number; (3) for the establishment under section 1(a) of the toll- free number pilot program; and (4) to solicit views from the private sector concerning the level of interest of manufacturers in registering products under the terms and conditions of paragraph (1). (b) Promulgation.--If the Secretary determines based on the comments on the regulation proposed under subsection (a) that the toll- free number pilot program and the registration of products is warranted, the Secretary shall promulgate such regulation. (c) Registration Fee.-- (1) In general.--Manufacturers of products included in information provided under section 1 shall be subject to a fee imposed by the Secretary of Commerce to pay the cost of registering products and including them in information provided under subsection (a). (2) Amount.--The amount of fees imposed under paragraph (1) shall-- (A) in the case of a manufacturer, not be greater than the cost of registering the manufacturer's product and providing product information directly attributable to such manufacturer, and (B) in the case of the total amount of fees, not be greater than the total amount appropriated to the Secretary of Commerce for salaries and expenses directly attributable to registration of manufacturers and having products included in the information provided under section 1(a). (3) Crediting and availability of fees.-- (A) In general.--Fees collected for a fiscal year pursuant to paragraph (1) shall be credited to the appropriation account for salaries and expenses of the Secretary of Commerce and shall be available in accordance with appropriation Acts until expended without fiscal year limitation. (B) Collections and appropriation acts.--The fees imposed under paragraph (1)-- (i) shall be collected in each fiscal year in an amount equal to the amount specified in appropriation Acts for such fiscal year, and (ii) shall only be collected and available for the costs described in paragraph (2). SEC. 3. PENALTY. Any manufacturer of a product who knowingly registers a product under section 2 which is not ``Made in America''-- (1) shall be subject to a civil penalty of not more than $7500 which the Secretary of Commerce may assess and collect, and (2) shall not offer such product for purchase by the Federal Government. SEC. 4. DEFINITION. For purposes of this Act: (1) The term ``Made in America'' has the meaning given unqualified ``Made in U.S.A.'' or ``Made in America'' claims for purposes of laws administered by the Federal Trade Commission. (2) The term ``product'' means a product with a retail value of at least $250. SEC. 5. RULE OF CONSTRUCTION. Nothing in this Act or in any regulation promulgated under section 2 shall be construed to alter, amend, modify, or otherwise affect in any way, the Federal Trade Commission Act or the opinions, decisions, rules, or any guidance issued by the Federal Trade Commission regarding the use of unqualified ``Made in U.S.A.'' or ``Made in America'' claims in labels on products introduced, delivered for introduction, sold, advertised, or offered for sale in commerce.

Directs the Secretary of Commerce to establish a three-year toll free number pilot program to inform consumers about whether a product is "made in America" if the Secretary determines, based upon comments submitted in a certain rulemaking, that interest among manufacturers is sufficient to warrant such a program. Prescribes implementation procedures, including assessment of a civil penalty against any manufacturer who knowingly registers a product that does not comply with criteria under this Act.

A bill to establish a toll free number in the Department of Commerce to assist consumers in determining if products are American-made.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reclaiming Individual Liberty Act''. SEC. 2. REPEAL OF INDIVIDUAL HEALTH INSURANCE MANDATE. (a) In General.--Chapter 48 of the Internal Revenue Code of 1986 is hereby repealed. (b) Conforming Amendments to the Internal Revenue Code of 1986.-- (1) Section 36B(c)(2)(B) of such Code is amended to read as follows: ``(B) Exception for minimum essential coverage.-- The term `coverage month' shall not include any month with respect to an individual if for such month the individual is eligible for minimum essential coverage other than eligibility for coverage described in subsection (g)(1)(C) (relating to coverage in the individual market).''. (2) Section 36B(c)(2)(C)(i)(I) of such Code is amended by striking ``(as defined in section 5000A(f)(2))''. (3) Section 36B(c)(2)(C)(i)(II) of such Code is amended by striking ``(within the meaning of section 5000A(e)(1)(B))''. (4) Section 36B(c)(2)(C)(ii) of such Code is amended by striking ``(as defined in section 5000A(f)(2))''. (5) Section 36B(c)(2) of such Code is amended by adding at the end the following new subparagraph: ``(D) Required contribution.--For purposes of this paragraph-- ``(i) In general.--the term `required contribution' means-- ``(I) in the case of an individual eligible to purchase minimum essential coverage consisting of coverage through an eligible-employer-sponsored plan, the portion of the annual premium which would be paid by the individual (without regard to whether paid through salary reduction or otherwise) for self-only coverage, or ``(II) in the case of an individual eligible only to purchase minimum essential coverage described in subsection (g)(1)(C), the annual premium for the lowest cost bronze plan available in the individual market through the Exchange in the State in the rating area in which the individual resides (without regard to whether the individual purchased a qualified health plan through the Exchange), reduced by the amount of the credit allowable under this section for the taxable year (determined as if the individual was covered by a qualified health plan offered through the Exchange for the entire taxable year). ``(ii) Special rules for individuals related to employees.--For purposes of clause (i)(I), if an individual is eligible for minimum essential coverage through an employer by reason of a relationship to an employee, the determination under subparagraph (C)(i)(II) shall be made by reference to required contribution of the employee.''. (6) Section 36B of such Code is amended by redesignating subsection (g) as subsection (h) and by inserting after subsection (f) the following new subsection: ``(g) Minimum Essential Coverage.--For purposes of this section-- ``(1) In general.--The term `minimum essential coverage' means any of the following: ``(A) Government sponsored programs.--Coverage under-- ``(i) the Medicare program under part A of title XVIII of the Social Security Act, ``(ii) the Medicaid program under title XIX of the Social Security Act, ``(iii) the CHIP program under title XXI of the Social Security Act, ``(iv) medical coverage under chapter 55 of title 10, United States Code, including coverage under the TRICARE program, ``(v) a health care program under chapter 17 or 18 of title 38, United States Code, as determined by the Secretary of Veterans Affairs, in coordination with the Secretary of Health and Human Services and the Secretary, ``(vi) a health plan under section 2504(e) of title 22, United States Code (relating to Peace Corps volunteers), or ``(vii) the Nonappropriated Fund Health Benefits Program of the Department of Defense, established under section 349 of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 10 U.S.C. 1587 note). ``(B) Employer-sponsored plan.--Coverage under an eligible employer-sponsored plan. ``(C) Plans in the individual market.--Coverage under a health plan offered in the individual market within a State. ``(D) Grandfathered health plan.--Coverage under a grandfathered health plan. ``(E) Other coverage.--Such other health benefits coverage, such as a State health benefits risk pool, as the Secretary of Health and Human Services, in coordination with the Secretary, recognizes for purposes of this subsection. ``(2) Eligible employer-sponsored plan.--The term `eligible employer-sponsored plan' means, with respect to any employee, a group health plan or group health insurance coverage offered by an employer to the employee which is-- ``(A) a governmental plan (within the meaning of section 2791(d)(8) of the Public Health Service Act), or ``(B) any other plan or coverage offered in the small or large group market within a State. Such term shall include a grandfathered health plan described in paragraph (1)(D) offered in a group market. ``(3) Excepted benefits not treated as minimum essential coverage.--The term `minimum essential coverage' shall not include health insurance coverage which consists of coverage of excepted benefits-- ``(A) described in paragraph (1) of subsection (c) of section 2791 of the Public Health Service Act, or ``(B) described in paragraph (2), (3), or (4) of such subsection if the benefits are provided under a separate policy, certificate, or contract of insurance. ``(4) Individuals residing outside united states or residents of territories.--Any applicable individual shall be treated as having minimum essential coverage for any month-- ``(A) if such month occurs during any period described in subparagraph (A) or (B) of section 911(d)(1) which is applicable to the individual, or ``(B) if such individual is a bona fide resident of any possession of the United States (as determined under section 937(a)) for such month. ``(5) Insurance-related terms.--Any term used in this section which is also used in title I of the Patient Protection and Affordable Care Act shall have the same meaning as when used in such title.''. (7) Section 162(m)(6)(C)(i)(II) of such Code is amended by striking ``section 5000A(f)'' and inserting ``section 36B(g)''. (8) Subsections (a)(1) and (b)(1)(A) of section 4980H of such Code are each amended by striking ``section 5000A(f)(2)'' and inserting ``section 36B(g)(2)''. (9) Section 4980I(f)(1)(B) of such Code is amended by striking ``section 5000A(f)'' and inserting ``section 36B(g)''. (10) Section 6055(e) of such Code is amended by striking ``section 5000A(f)'' and inserting ``section 36B(g)''. (11) Section 6056(b)(2)(B) of such Code is amended by striking ``section 5000A(f)(2)'' and inserting ``section 36B(g)(2)''. (12) The table of chapters for subtitle D of such Code is amended by striking the item relating to chapter 48. (c) Conforming Amendments to Other Laws.-- (1) Section 2715(b)(3)(G)(i) of the Public Health Service Act is amended by striking ``section 5000A(f)'' and inserting ``section 36B(g)''. (2) Section 1251(a)(4)(B)(ii) of the Patient Protection and Affordable Care Act is amended by striking ``section 5000A(f)(2)'' and inserting ``section 36B(g)(2)''. (3) Section 1302(e)(2)(B) of the Patient Protection and Affordable Care Act is amended to read as follows: ``(B) has a certification in effect for any plan year under this title that-- ``(i) the individual's required contribution (determined on an annual basis) for coverage for the month exceeds 8 percent of such individual's household income for the taxable year described in section 1412(b)(1)(B), or ``(ii) the individual has been determined by the Secretary of Health and Human Services under section 1311(d)(4)(H) to have suffered a hardship with respect to the capability to obtain coverage under a qualified health plan.''. (4) Section 1302(e) of the Patient Protection and Affordable Care Act is amended by adding at the end the following new paragraph: ``(4) Determination of individual's required contribution and household income.--For purposes of this subsection-- ``(A) Required contribution.--The term `required contribution' means-- ``(i) in the case of an individual eligible to purchase minimum essential coverage consisting of coverage through an eligible- employer-sponsored plan (as defined in section 36B(g)(2) of the Internal Revenue Code of 1986), the portion of the annual premium which would be paid by the individual (without regard to whether paid through salary reduction or otherwise) for self-only coverage, or ``(ii) in the case of an individual eligible only to purchase minimum essential coverage described in section 36B(g)(1)(C) of the Internal Revenue Code of 1986, the annual premium for the lowest cost bronze plan available in the individual market through the Exchange in the State in the rating area in which the individual resides (without regard to whether the individual purchased a qualified health plan through the Exchange), reduced by the amount of the credit allowable under section 36B of such Code for the taxable year (determined as if the individual was covered by a qualified health plan offered through the Exchange for the entire taxable year). ``(B) Special rules for individuals related to employees.--For purposes of subparagraph (A)(i), if an individual is eligible for minimum essential coverage (as defined in section 36B(g) of the Internal Revenue Code of 1986) through an employer by reason of a relationship to an employee, the determination under paragraph (2)(B)(i) shall be made by reference to required contribution of the employee. ``(C) Indexing.--In the case of plan years beginning in any calendar year after 2014, paragraph (2)(B)(i) shall be applied by substituting for `8 percent' the percentage the Secretary of Health and Human Services determines reflects the excess of the rate of premium growth between the preceding calendar year and 2013 over the rate of income growth for such period. ``(D) Household income.--For purposes of paragraph (2)(B)(i), the taxpayer's household income shall be increased by any exclusion from gross income for any portion of the required contribution made through a salary reduction arrangement.''. (5) Section 1311(d)(4) of the Patient Protection and Affordable Care Act is amended by striking subparagraph (H) and by redesignating subparagraphs (I), (J), and (K) as subparagraphs (H), (I), and (J), respectively. (6) Section 1312(d)(4) of the Patient Protection and Affordable Care Act is amended by striking ``section 5000A(f)'' and inserting ``section 36B(g)''. (7) Section 1331(e)(1)(C) of the Patient Protection and Affordable Care Act is amended-- (A) by striking ``section 5000A(f)'' and inserting ``section 36B(g)'', and (B) by striking ``section 5000A(e)(2) of such Code'' and inserting ``section 1411(a)(4)''. (8) Section 1332(a)(2)(D) of the Patient Protection and Affordable Care Act is amended by striking ``Sections 36B, 4980H, and 5000A'' and inserting ``Sections 36B and 4980H''. (9) Section 1401(c)(1)(A)(iii) of the Patient Protection and Affordable Care Act is amended by striking ``section 5000A(f)'' and inserting ``section 36B(g)''. (10) Section 1411(a) of the Patient Protection and Affordable Care Act is amended-- (A) by adding ``and'' at the end of paragraph (2), (B) by striking ``sections 36B(c)(2)(C) and 5000A(e)(2); and'' in paragraph (3) and inserting ``section 36B(c)(2)(C).'', and (C) by striking paragraph (4). (11) Section 1411(b)(4)(C) of the Patient Protection and Affordable Care Act is amended by striking ``section 5000A(e)(1)(B)'' and inserting ``section 36B(c)(2)(D)''. (12) Section 1411(b) of the Patient Protection and Affordable Care Act is amended by striking paragraph (5). (13) Section 1411(e)(4)(B) of the Patient Protection and Affordable Care Act is amended by striking clause (iv). (d) Effective Date.--The amendments and repeal made by this section shall apply to taxable years ending after December 31, 2013.

Reclaiming Individual Liberty Act This bill repeals the provision in the Internal Revenue Code, as added by the Patient Protection and Affordable Care Act, that requires individual taxpayers to purchase and maintain minimum essential health care coverage.

Reclaiming Individual Liberty Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans One Source Act of 2010''. SEC. 2. ONE-STOP INTERNET WEBSITE FOR INFORMATION ON BENEFITS, RESOURCES, SERVICES, AND OPPORTUNITIES FOR VETERANS AND THEIR FAMILIES AND CAREGIVERS. (a) Findings.--Congress makes the following findings: (1) One of the most critical problems identified by veterans and their families and caregivers is a lack of easily accessible information and advice on benefits, resources, services, and opportunities for members of the veteran community. (2) A guiding principle of the Department of Veterans Affairs in bringing the Department into the 21st century is to ensure coordination between the Department of Veterans Affairs and the Department of Defense to provide a seamless transition from military life to civilian life. (3) The Department of Veterans Affairs has also emphasized its intent to modernize, streamline, and simplify the provision of resources to the veteran community, including through the elimination of paper waste. (4) The Internet increasingly serves as an essential communication tool for all sectors of society and should be used efficiently and effectively as a tool to provide interactive outreach to the veteran community. (5) The Department of Veterans Affairs, the Department of Labor, and other departments and agencies of the Federal Government have taken strong steps to improve outreach to veterans, including through the creation of Internet websites for specific veteran populations, such as the National Resource Directory for wounded veterans. (6) However, the lack of a single, all-inclusive, user- friendly Internet website with all relevant information on benefits, resources, services, and opportunities for veterans and their families and caregivers continues to impede the seamless transition of veterans from military life to civilian life. (7) Moreover, veterans and their families and caregivers continue to seek direct and personalized assistance from the Department of Veterans Affairs that could be effectively and efficiently supplemented by strong, interactive online services. (8) The Department of Defense has implemented an effective and well-used program, Military One Source, that includes an Internet website with consolidated information for members of the Armed Forces on active duty. (9) The Department of Defense has also successfully employed various interactive, virtual tools on its Internet websites to provide a higher quality virtual Internet experience to members of the Armed Forces. (10) The veterans community would be well-served by the establishment of a single, consolidated, expanded, and interactive Internet website to ensure streamlined and simplified access to all information and advice on benefits, resources, services, and opportunities available to veterans and their families and caregivers. (b) One-Stop Internet Website for Information on Benefits, Resources, Services, and Opportunities for Veterans and Their Families and Caregivers.-- (1) In general.--The Secretary of Veterans Affairs shall establish and maintain an interactive Internet website that provides information on the benefits, resources, services, and opportunities described in subsection (d). The Secretary may enter into a contract with an appropriate Federal or private sector entity for purposes of establishing or maintaining the website. (2) Nature of website.--The website shall-- (A) serve to consolidate, expand on, and improve information and links from other existing Internet websites relating to the benefits, resources, services, and opportunities described in subsection (d), and may include such other information and links on such benefits, resources, services, and opportunities as the Secretary considers appropriate; and (B) integrate dynamic Internet features and virtual interface tools described in subsection (e) to provide veterans a personalized, interactive, and user-centered Internet experience and increase interoperability, facilitate collaborative information sharing, and streamline provision of information and advice to veterans and their families and caregivers. (3) Utilization of existing website in establishment.--In establishing the website, the Secretary may utilize an existing Internet website, such as the National Resource Directory for wounded veterans, as the basis for the website, in order to avoid unnecessary duplication of effort. (4) Consultation.--The Secretary of Veterans Affairs carry out activities under this subsection in consultation with the following: (A) The Secretary of Defense, particularly with respect to the Military One Source program and other interactive virtual tools employed by the Department of Defense. (B) The Secretary of Labor. (C) The Secretary of Education. (D) The Commissioner of Internal Revenue. (E) The Commissioner of Social Security. (F) The Administrator of the Small Business Administration. (G) Any other Federal officials that the Secretary of Veterans Affairs considers appropriate for purposes of this section. (H) Appropriate advisory committees on veterans matters. (I) Other representatives, individuals, and organizations specified in section 6302(c) of title 38, United States Code. (c) Domain and Name of Website.-- (1) Domain.--In establishing the Internet website under subsection (b) the Secretary shall consider the advisability of registering the website in the ``.com'' domain, rather than the ``.gov'' domain, and shall register the website in the ``.com'' domain if the Secretary considers registration of the website in that domain advisable. (2) Name.--The name selected for the website shall be a name intended to reveal the website as a single, one-stop resource for veterans and their families and caregivers on the benefits, resources, services, and opportunities described in subsection (d). (d) Benefits, Resources, Services, and Opportunities.--The benefits, resources, services, and opportunities described in this subsection are benefits, resources, services, and opportunities as follows: (1) Veterans benefits provided by or through the Department of Veterans Affairs, including pension and compensation benefits, health care benefits (including mental health care benefits), education assistance and benefits, housing assistance and benefits, and other assistance and benefits. (2) Veterans benefits provided by or through the Department of Labor, including employment and reemployment benefits, and other benefits provided by or through the Department of Labor. (3) Tax benefits. (4) Social security benefits. (5) Veterans benefits provided by or through the Small Business Administration, including assistance related to small business, and other benefits provided by or though the Small Business Administration. (6) Resources, services, and opportunities such as-- (A) resources for families; (B) resources on child care; (C) resources on home care; (D) resources for caregivers; (E) resources for education professionals, mental health professionals, and other professionals that provide for veterans; (F) resources on stress management and mental health care; (G) resources on veterans service organizations (including website links to organization locators and claims assistance); (H) information and links on State and local resources; (I) information on discounts available to veterans; (J) information and resources on volunteer opportunities available to veterans, including opportunities at Department of Veterans Affairs medical centers; (K) information and resources on community events; and (L) such other information and resources as the Secretary of Veterans Affairs considers appropriate for purposes of the website required by this section. (7) Assistance in applying for and receiving benefits and resources under paragraphs (1) through (6). (8) Such other benefits, resources, services, opportunities, and assistance as the Secretary considers appropriate for purposes of the website. (e) Interactive Features.--In incorporating interactive features in the Internet website required by this section pursuant to subsection (b)(2)(B), the Secretary should incorporate the following: (1) Tools such as interactive, animated virtual guides, to guide users through the website. (2) Resources on peer-to-peer discussions, workshops, and other interactive services for veterans and their families and caregivers. (3) Information on ride-sharing for appointments. (4) Memorial notices. (5) Internet applications. (6) Such other interactive features as the Secretary considers appropriate. (f) Inclusion of Information on Website in Biennial Reports Relating to Outreach Activities.-- (1) Biennial plan.--The Secretary of Veterans Affairs shall include in each biennial plan on outreach activities of the Department of Veterans Affairs under section 6302 of title 38, United States Code, the plans of the Department for the period covered by such report for improving and enhancing the Internet website required by this section to better provide information on the benefits, resources, services, and opportunities described in subsection (d) and to otherwise enhance the website as a source and point of contract for information on such benefits, resources, services, and opportunities. (2) Biennial report.--The Secretary shall include in each biennial report on outreach activities of the Department under section 6308 of title 38, United States Code, a description of the manner in which the Internet website required by this section contributed to the outreach activities of the Secretary, including outreach activities under chapter 63 of such title.

Veterans One Source Act of 2010 - Directs the Secretary of Veterans Affairs (VA) to establish and maintain an Internet website that provides information on the benefits, resources, services, and opportunities available for veterans and their families and caregivers, including veterans' benefits provided through the VA and the Department of Labor, tax benefits, social security benefits, state and local resources, and small business assistance. Requires the website to: (1) consolidate, expand on, and improve information and links from other existing websites relating to such benefits, resources, services, and opportunities; and (2) integrate dynamic Internet features and virtual interface tools to provide a personalized, interactive, and user-centered Internet experience. Requires the Secretary to consult with specified federal officials in providing information on benefits and services. Directs the Secretary to include, in a currently-required biennial plan on VA outreach activities, the VA's plans for improving and enhancing the website.

A bill to provide for an Internet website for information on benefits, resource, services, and opportunities for veterans and their families and caregivers, and for other purposes.

SECTION 1. CONSUMER RENEWABLE CREDIT. (a) Business Credit.-- (1) In general.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45S. CONSUMER RENEWABLE CREDIT. ``(a) General Rule.--For purposes of section 38, in the case of an eligible taxpayer, the consumer renewable credit for any taxable year is an amount equal to the product of-- ``(1) the renewable portfolio factor of such eligible taxpayer, and ``(2) the number of kilowatt hours of renewable electricity-- ``(A) purchased or produced by such taxpayer, and ``(B) sold by such taxpayer to a retail customer during the taxable year and before January 1, 2020. ``(b) Renewable Portfolio Factor.--The renewable portfolio factor for an eligible taxpayer for any taxable year shall be determined in accordance with the following table: ------------------------------------------------------------------------ The renewable ``In the case of a renewable electricity percentage of: portfolio factor is: ------------------------------------------------------------------------ Less than 6 percent........................................ zero cents At least 6 percent but less than 8 percent................. 0.1 cents At least 8 percent but less than 12 percent................ 0.2 cents At least 12 percent but less than 16 percent............... 0.3 cents At least 16 percent but less than 20 percent............... 0.4 cents At least 20 percent but less than 24 percent............... 0.5 cents Equal to or greater than 24 percent........................ 0.6 cents. ------------------------------------------------------------------------ ``(c) Definitions and Special Rules.--For purposes of this section-- ``(1) Eligible taxpayer.--The term `eligible taxpayer' means an electric utility (as defined in section 3(22) of the Federal Power Act, 16 U.S.C. 796(22)). ``(2) Renewable electricity.--The term `renewable electricity' means electricity generated by-- ``(A) any facility using wind to generate such electricity, or ``(B) any facility using solar energy to generate such electricity. ``(3) Renewable electricity percentage.--The term `renewable electricity percentage' means, with respect to any taxable year, the percentage of an eligible taxpayer's total sales of electricity to retail customers that is derived from renewable electricity (determined without regard to whether such electricity was produced by the taxpayer). ``(4) Application of other rules.--For purposes of this section, rules similar to the rules of paragraphs (1), (3), and (5) of section 45(e) shall apply. ``(5) Credit allowed only with respect to one eligible entity.--No credit shall be allowed under subsection (a) with respect to renewable electricity purchased from another eligible entity if a credit has been allowed under this section or a payment has been made under section 6433 to such other eligible entity. ``(6) Credit and renewable electricity percentage enhancement.-- ``(A) Native american wind and solar.--Any renewable electricity generated from a wind or solar energy facility located on Indian land, as defined in section 2601 of the Energy Policy Act of 1992 (25 U.S.C. 3501), shall for purposes of this section be considered as twice the electricity production as is actually produced from such facility. ``(B) Electric cooperative wind and solar.--Any renewable electricity generated from a wind or solar energy facility owned entirely by a mutual or cooperative electric company, as defined in section 501(c)(12), or section 1381(a)(2)(C), shall for purposes of this section be considered as one and one- half times the electricity production as is actually produced from such facility. ``(d) Coordination With Payments.--The amount of the credit determined under this section with respect to any electricity shall be reduced to take into account any payment provided with respect to such electricity solely by reason of the application of section 6433.''. (2) Credit made part of general business credit.-- Subsection (b) of section 38 of the Internal Revenue Code of 1986 is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(37) the consumer renewable credit determined under section 45S(a).''. (3) Specified credit.--Subparagraph (B) of section 38(c)(4) of the Internal Revenue Code of 1986 is amended by redesignating clauses (vii) through (ix) as clauses (viii) through (x), respectively, and by inserting after clause (v) the following new clause: ``(vi) the credit determined under section 45S.''. (4) Clerical amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 45S. Consumer renewable credit.''. (b) Payments in Lieu of Credit.-- (1) In general.--Subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 6433. CONSUMER RENEWABLE CREDIT PAYMENTS. ``(a) In General.--If any eligible person sells renewable electricity to a retail customer, the Secretary shall pay (without interest) to any such person who elects to receive a payment an amount equal to the product of-- ``(1) the renewable portfolio factor of such eligible person, and ``(2) the number of kilowatt hours of renewable electricity-- ``(A) purchased or produced by such person, and ``(B) sold by such person in the trade or business of such person to a retail customer before January 1, 2020. ``(b) Timing of Payments.-- ``(1) In general.--Except as provided in paragraph (2), rules similar to the rules of section 6427(i)(1) shall apply for purposes of this section. ``(2) Quarterly payments.-- ``(A) In general.--If, at the close of any quarter of the taxable year of any person (or fiscal year in the case of an eligible person that does not have a taxable year), at least $750 is payable in the aggregate under subsection (a), to such person with respect to electricity purchased or produced during-- ``(i) such quarter, or ``(ii) any prior quarter (for which no other claim has been filed) during such year, a claim may be filed under this section with respect to such electricity. ``(B) Time for filing claim.--No claim filed under this paragraph shall be allowed unless filed on or before the last day of the first quarter following the earliest quarter included in the claim. ``(c) Definitions and Special Rules.--For purposes of this section-- ``(1) Eligible person.--The term `eligible person' means an electric utility (as defined in section 3(22) of the Federal Power Act, 16 U.S.C. 796(22)) or a Federal power marketing agency as defined in section 3(19) of the Federal Power Act. ``(2) Other definitions.--Any term used in this section which is also used in section 45S shall have the meaning given such term under section 45S. ``(3) Application of other rules.--For purposes of this section, rules similar to the rules of paragraphs (1) and (3) of section 45(e) shall apply. ``(d) Payment Disallowed Unless Amount Passed to Third-Party Generators Charged for Integration Costs.-- ``(1) In general.--In the case of renewable electricity eligible for the payment under subsection (a) that is purchased and not produced by an eligible person, no payment shall be made under this section unless any charge the eligible person has assessed the seller to recover the integration costs associated with such electricity has been reduced (but not below zero) to the extent of the payment received under subsection (a) associated with such electricity. ``(2) Definitions.--For purposes of paragraph (1), charges intended to recover integration costs do not include amounts paid by the producer of the electricity for interconnection facilities, distribution upgrades, network upgrades, or stand- alone network upgrades as those terms have been defined by the Federal Energy Regulatory Commission in its Standard Interconnection Procedures. ``(e) Payment Allowed for Special Generating and Transmitting Entities.-- ``(1) In general.--Notwithstanding subsection (a)(1)(B), an entity that is a special generating and transmitting entity shall be eligible for a payment under this section for renewable electricity it transmits, regardless of whether such utility purchased or sold such electricity for its customers. ``(2) Definitions.--For purposes of this subsection, the term `special generating and transmitting entity' means-- ``(A) an entity that is primarily engaged in marketing electricity and-- ``(i) provides transmission service for over four thousand megawatts of renewable generating facilities, as determined by reference to the machine or nameplate capacity thereof, and ``(ii) transmits the majority of its renewable electricity transmitted to customers located outside the region it serves, or ``(B) an entity that is a generation and transmission cooperative, which engages primarily in providing wholesale electric service to its members, generally consisting of distribution cooperatives.''. (2) Clerical amendment.--The table of sections for subpart B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 6433. Renewable electricity integration payments.''. (c) Effective Date.--The amendments made by this section shall apply to electricity sold to retail customers after the date of the enactment of this Act.

Amends the Internal Revenue Code to: (1) allow a new business-related tax credit for sales by an electric utility, prior to January 1, 2020, of renewable electricity generated by a facility using wind or solar energy to a retail customer; and (2) allow payments to such utilities, in lieu of such tax credit, for sales of renewable electricity to retail customers prior to January 1, 2020.

To amend the Internal Revenue Code of 1986 to provide a consumer renewable credit for utilities that sell intermittent renewable power.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Insurance Protection Act of 1993''. SEC. 2. PROTECTION FROM INTERFERENCE WITH RIGHTS. Section 510 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1140) is amended-- (1) by inserting ``(a) In General.--'' after ``Sec. 510.''; and (2) by adding at the end the following new subsection: ``(b) Discrimination Based on Benefit Claims Under Group Health Plans.-- ``(1) In general.--It shall be unlawful discrimination for purposes of subsection (a) to take any action to cancel or reduce a benefit of a participant or beneficiary under a group health plan (by plan amendment or plan termination, change in insured status of the plan, change of insurer under the plan, or any other means), if-- ``(A) such action is specifically related to one or more particular diseases or medical conditions, ``(B) such participant or beneficiary is undergoing, at the time such action is taken, a course of treatment related to any such disease or medical condition, and ``(C) a valid claim under the plan reasonably related to such course of treatment has been submitted to the plan by or on behalf of such participant or beneficiary prior to the taking of such action. ``(2) Special rule related to plan terminations.--Paragraph (1) shall not apply to any cancellation or reduction of a benefit by termination of a group health plan unless the employer replaces the plan. ``(3) Definitions.--For purposes of this subsection-- ``(A) Group health plan.--The term `group health plan' has the meaning provided in section 607(1). ``(B) Change in insured status.--The term `change in insured status' of a plan means a change to self- insured status or a change in the extent to which benefits provided under the plan are provided under a contract or policy of insurance issued by an insurer under the plan. ``(C) Insurer.--The term `insurer' under a plan means a person licensed by a State to engage in the business of insurance who provides benefits under the plan under a contract or policy of insurance issued by such person. ``(D) Valid claim.--The term `valid claim' under a group health plan means a claim which, at the time of its submission by or on behalf of a participant or beneficiary, would have entitled the participant or beneficiary to benefits under the plan.''. SEC. 3. NONDISCRIMINATION IN LIFETIME BENEFIT COVERAGE UNDER A GROUP HEALTH PLAN. (a) In General.--Part 5 of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.) is amended by adding at the end the following new section: ``nondiscrimination in lifetime benefit coverage under a group health plan ``Sec. 516. (a) In General.-- ``(1) Unlawful discrimination.--It shall be unlawful for a group health plan to discriminate among diseases or medical conditions with respect to levels of lifetime benefit coverage provided to similarly situated participants and beneficiaries under the plan. ``(2) Definition.--For purposes of this section, the term `lifetime benefit coverage' provided to any participant or beneficiary under a plan means the maximum benefit available under the plan in the aggregate to such participant or beneficiary. ``(b) Limitation.--Subsection (a) shall not apply with respect to participants and their beneficiaries under a group health plan if the requirements of paragraph (1) or (2) are met as follows: ``(1) Collective bargaining.--The requirements of this paragraph are met if-- ``(A) the participants consist of employees covered by a collective bargaining agreement between employee representatives and one or more employers, ``(B) there is evidence that benefits provided under the group health plan established or maintained pursuant to such collective bargaining agreement were the subject of good faith bargaining between such employee representatives and such employer or employers, and ``(C) the discrimination consists of a lack of uniformity based solely on-- ``(i) variations in the required terms of the collective bargaining agreement as applied to separate geographically located facilities of the same employer, or ``(ii) different levels of contributions to such plan negotiated between such employee representatives and more than 1 employer, as set forth in applicable collective bargaining agreements. ``(2) Exemption procedure.--The requirements of this paragraph are met if the sponsor of such group health plan demonstrates to the Secretary by a preponderance of the evidence that such sponsor will be unable to continue such plan unless granted relief from the applicable requirements of subsection (a), pursuant to an exemption procedure which-- ``(A) shall be established by the Secretary by regulation for purposes of this subsection, and ``(B) shall be subject to standards and procedures similar to those applicable under section 408(a) with respect to exemptions granted under such section.''. (b) Clerical Amendment.--The table of contents in section 1 of such Act is amended by inserting after the item relating to section 514 the following new items: ``Sec. 515. Delinquent contributions. ``Sec. 516. Nondiscrimination in lifetime benefit coverage under a group health plan.''. SEC. 4. REPORTING AND DISCLOSURE REQUIREMENTS. (a) Notice of Modifications and Changes.--Section 104(b)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1024(b)(1)) is amended by adding at the end the following: ``In the case of a group health plan (as defined in section 607(1)), the adoption of any material coverage restriction which constitutes a modification described in section 102(a)(1) or which is represented by any change in the information required under section 102(b), may not take effect until 60 days after such a summary description of such modification or change is furnished to each participant and to each spouse of a participant who is a beneficiary under the plan in language calculated to be easily understood by the typical participant or beneficiary. For purposes of the preceding sentence, the term `material coverage restriction' means any change in the terms of a group health plan that results in elimination of, or increased restrictions on, any form of benefit coverage which was provided by the plan prior to the change, including the establishment of, or increases in the amount of, deductibles or coinsurance payments required of participants and beneficiaries under the plan, except that the Secretary may by regulation exclude from such term any such change of a type which the Secretary finds to be de minimis.''. (b) Special Requirements for Self-Insured Plans.--Section 102(b) of such Act (29 U.S.C. 1022(b)) is amended-- (1) by inserting ``(1)'' after ``(b)''; and (2) by adding at the end the following new paragraph: ``(2)(A) In the case of a self-insured group health plan, in addition to the information required under paragraph (1), the plan description and summary plan description shall contain a statement-- ``(i) indicating that the plan is a self-insured group health plan and is not a policy of insurance, ``(ii) identifying the person who is responsible for claim determinations and processing, and ``(iii) indicating that the plan is not subject to State guarantee fund protection and that, if the plan does not pay all benefits for which participants or beneficiaries are eligible under the plan, responsibility for payment for medical care may to some extent remain with the participant or beneficiary. ``(B) For purposes of this paragraph-- ``(i) the term `group health plan' has the meaning provided in section 607(1); and ``(ii) a group health plan is `self-insured' unless all benefits provided under the plan are provided under a contract or policy of insurance issued by a person licensed by a State to engage in the business of insurance.''. SEC. 5. LEGAL RELIEF FROM DAMAGES FOR INTERFERENCE WITH RIGHTS UNDER PLAN. (a) Damages.--Section 502(c) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1132(c)) is amended by adding at the end the following new paragraph: ``(4)(A) Any person who violates section 510 or 516 with respect to any participant or beneficiary under a group health plan shall be liable to such participant or beneficiary for actual and consequential damages. Subject to subparagraph (B), damages for such violation shall not include punitive damages. ``(B) In any case in which the violation constitutes willful, fraudulent, or malicious conduct, bad faith, or gross negligence, each person liable under subparagraph (A) may, in the court's discretion, be liable to such participant or beneficiary for punitive damages in an amount up to 200 percent of the amount of actual damages awarded, but not less than $50,000. Any such punitive damages shall be in addition to any actual damages under subparagraph (A). ``(C) For purposes of this paragraph, the term `group health plan' has the meaning provided in section 607(1).''. (b) Attorney's Fees.--Section 502(g) of such Act (29 U.S.C. 1132(g)) is amended by adding at the end the following new paragraph: ``(3) In any action for damages under subsection (c)(4) in which the plaintiff prevails or substantially prevails, the court shall award the plaintiff reasonable attorney's fees and other costs of the action, including reasonable expert witness fees and costs, to be paid by the defendant. Fees awarded under this paragraph shall be at generally prevailing hourly rates.''. SEC. 6. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to changes in group health plan coverage adopted on or after the date of the enactment of this Act.

Health Insurance Protection Act of 1993 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to provide that certain retroactive cancellations or reductions of benefits under group health plans constitute discrimination which interferes with rights protected under ERISA. Prohibits any group health plan from discriminating among diseases or medical conditions with respect to levels of lifetime benefit coverage provided to similarly situated participants and beneficiaries under the plan, with specified limitations relating to collective bargaining or special exemption procedures. Delays the adoption of any material change in a group health plan until 60 days after notification of each participant and spouse beneficiary. Sets forth special requirements for such notices from self-insured group health plans. Revises civil enforcement provisions to make any person who violates prohibitions against interference with rights of any participant or beneficiary under a group health plan liable to such participant or beneficiary for actual and consequential damages. Precludes punitive damages, except in certain circumstances. Provides for award of attorney's fees and other legal costs to plaintiffs who prevail or substantially prevail.

Health Insurance Protection Act of 1993

SECTION 1. PORTABILITY OF ADVANCE DIRECTIVES. (a) In General.--An advance directive validly executed outside the State in which such directive is presented must be given effect to the same extent as an advance directive validly executed under the law of the State in which presented. (b) No Inference.--Nothing in this section may be construed to authorize the administration, withholding, or withdrawal of health care otherwise prohibited by the laws of the State. (c) Preemption.--The provisions of this section shall preempt any State law to the extent such law is inconsistent with such provisions. The provisions of this section shall not preempt any State law that provides for greater portability, more deference to a patient's wishes, or more latitude in determining a patient's wishes. (d) Effective Date.--This section shall take effect on the date that is 6 months after the date of enactment of this Act. SEC. 2. AMENDMENTS TO RULES UNDER MEDICARE AND MEDICAID. (a) Medicare.--Section 1866(f)(1) of the Social Security Act (42 U.S.C. 1395cc(f)(1)) is amended-- (1) in subparagraph (A), by striking ``and'' at the end of clause (i), by redesignating clause (ii) as clause (iii), and by inserting after clause (i) the following new clause: ``(ii) the result under such State law if the individual is incapacitated in the absence of an advance directive, and''; (2) in subparagraph (B), by inserting ``and to include the content of such directive if the individual so desires'' before the semicolon; (3) in subparagraph (D), by striking ``and'' at the end; (4) in subparagraph (E), by striking the period at the end and inserting ``; and''; and (5) by inserting after subparagraph (E) the following new subparagraph: ``(F) to provide for effective communication between the individual (or surrogate decision maker when appropriate) and the appropriate provider regarding all relevant aspects of health care decisions affecting the individual, including obtaining informed consent, individual prognosis and treatment decisions, and the formulation of advance directives.''. (b) Medicaid.--Section 1902(a) (42 U.S.C. 1396a(a)) is amended by inserting in paragraph 58, ``and what occurs in the absence of an advance directive'' after ``subsection (w) of this section.'' Section 1902(w)(1) of the Social Security Act (42 U.S.C. 1396a(w)(1)) is amended-- (1) in subparagraph (A), by striking ``and'' at the end of clause (i), by redesignating clause (ii) as clause (iii), and by inserting after clause (i) the following new clause: ``(ii) the result under such State law if the individual is incapacitated in the absence of an advance directive, and''; (2) in subparagraph (B), by inserting ``and to include the content of such directive if the individual so desires'' before the semicolon; (3) in subparagraph (D), by striking ``and'' at the end; (4) in subparagraph (E), by striking the period at the end and inserting ``; and''; and (5) by inserting after subparagraph (E) the following new subparagraph: ``(F) to provide for effective communication between the individual (or surrogate decision maker when appropriate) and the appropriate provider regarding all relevant aspects of health care decisions affecting the individual, including obtaining informed consent, individual prognosis and treatment decisions, and the formulation of advance directives.''. (c) Application to Kidney Dialysis Centers of Provisions Relating to Advance Directives.-- (1) Medicare.--Section 1866(a)(1)(Q) of the Social Security Act (42 U.S.C. 1395cc(a)(1)(Q)) is amended by striking ``and hospice programs'' and inserting ``hospice programs, and kidney dialysis centers''. (2) Medicaid.--Section 1902(a)(57) of such Act (42 U.S.C. 1396(a)(57)) is amended by striking ``hospice program'' and inserting ``hospice program, kidney dialysis center''. (d) Effective Date.--The amendments made by this section shall take effect on and after the date which is 1 year after the date of the enactment of this Act. SEC. 3. STUDY OF ISSUES RELATED TO END OF LIFE CARE. (a) Study.-- (1) In general.--Within 6 months after the date of the enactment of this Act, the Secretary shall enter into an agreement with the Institute of Medicine of the National Academy of Sciences (or with another nonprofit, nongovernmental organization or consortium of institutions if the Institute declines to perform the study) to investigate and report on issues relating to care at the end of life, including how to determine the application of medically necessary or appropriate care for gravely or terminally ill or injured persons of all ages. (2) Specific issues.--The study described in paragraph (1) shall specifically include an examination of the following issues: (A) The epidemiology of dying. (B) Conditions that promote or impede appropriate care (such as professional training and beliefs, financing and organization of services, patient and public knowledge and attitudes). (C) Concerns of health care practitioners and providers, medical educators, the religious and medical ethics communities, the general public, and others responsible for public and private decisions about the organization, financing, and quality of health care in the United States. (D) Measures to evaluate systems of care on the quality of care they provide for gravely or terminally ill or injured patients. (E) Methods of communication and health care decisionmaking among providers, patients, and surrogates. (F) Priorities for research on the issues described in the preceding subparagraphs. (b) Report.--The Institute of Medicine (or the organization conducting the study under this section) shall submit to the Secretary and the Congress a report on the study described in subsection (a) within 27 months after the date of the enactment of this Act. (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out the purposes of this section.

Provides for the portability among States of validly executed advance directives under Medicare and Medicaid provisions of the Social Security Act. Amends title XVIII (Medicare) and title XIX (Medicaid) of the Social Security Act to require written policies and procedures of service providers to provide for effective communication with individuals regarding relevant aspects of health care decisions affecting such individual, including obtaining informed consent, individual prognosis and treatment decisions, and the formulation of advance directives. Requires a report to the Congress on a study of issues relating to care at the end of life, including how to determine the application of medically necessary or appropriate care for gravely or terminally ill or injured persons. Authorizes appropriations.

A bill to provide for the portability of validly executed advance directives, to provide patients with a better understanding of their health care choices, and to promote study of the quality of care for the gravely or terminally ill or injured, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Wartime Parity and Justice Act of 2003''. SEC. 2. ELIGIBILITY OF CERTAIN INDIVIDUALS UNDER CIVIL LIBERTIES ACT OF 1988. (a) Eligibility.--For purposes of the Civil Liberties Act of 1988 (50 U.S.C. App. 1989 et seq.), the following individuals shall be deemed to be eligible individuals: (1) An individual who-- (A) is of Japanese ancestry, or is the spouse or parent of an individual of Japanese ancestry; (B) was brought forcibly to the United States from a country in Central America or South America during the evacuation, relocation, and internment period; (C) was living on August 10, 1988; (D) otherwise meets the requirements of subparagraph (B)(i) of section 108(2) of the Civil Liberties Act of 1988 (50 U.S.C. App. 1989b- 7(2)(B)(i)); and (E) subject to section 4(f) of this Act, has not otherwise received payment under the Civil Liberties Act of 1988. (2) An individual who was an eligible individual under the Civil Liberties Act of 1988 before the enactment of this Act and who was eligible for, but did not receive, payment under that Act prior to the termination of the Civil Liberties Public Education Fund under section 104(d) of that Act. (3) An individual who-- (A) was born to an eligible individual under the Civil Liberties Act of 1988 during the period beginning on January 20, 1945, and ending on February 29, 1948, at a place in which the eligible individual was confined, held in custody, relocated, or otherwise located during the evacuation, relocation, or internment period; and (B) was living on August 10, 1988. (4)(A) An individual of Japanese ancestry who, during the evacuation, relocation, or internment period-- (i) was a United States citizen or a permanent resident alien; (ii) whose employment with a railroad or mining company was terminated on account of the individual's Japanese ancestry; and (iii) was living on August 10, 1988. (B) An individual who-- (i) during the evacuation, relocation, or internment period, was a dependent child of an individual described in subparagraph (A); and (ii) was living on August 10, 1988. (5) An individual of Japanese ancestry who-- (A) meets the requirements of paragraph (2) of section 108(2) of the Civil Liberties Act of 1988, other than subparagraph (A) of that paragraph; and (B) was legally in the United States during the evacuation, relocation, or internment period but was made ineligible for United States citizenship or permanent residence status by law enacted prior thereto, on account of the individual's Japanese ancestry. (b) Prisoner Exchanges.--An individual shall not be precluded from being an eligible individual under subsection (a) if that individual was sent by the United States to Japan or territories occupied by Japan at any time during the period beginning on December 7, 1941, and ending on September 2, 1945, in exchange for prisoners held by Japan. SEC. 3. APOLOGY OF THE UNITED STATES. The United States apologizes to those individuals described in section 2(a) for the fundamental violations of their basic civil liberties and constitutional rights committed during the evacuation, relocation, or internment period. The President should transmit to each such individual a personal letter of apology on behalf of the United States. SEC. 4. PROCEDURES. (a) Applicability of Provisions of the Civil Liberties Act.--Except as otherwise provided in this section, the provisions of section 105 of the Civil Liberties Act of 1988 shall apply with respect to eligible individuals under section 2 of this Act. (b) Responsibilities of the Attorney General.--The Attorney General shall have the responsibility to identify and locate, without requiring any application for payment and using records already in possession of the United States Government, eligible individuals under section 2, within 12 months after the date of the enactment of this Act. Failure to be identified and located within that 12-month period shall not preclude an eligible individual under section 2 from receiving payment under the Civil Liberties Act of 1988. (c) Notification by Eligible Individuals.--Any eligible individual under section 2 may notify the Attorney General that the individual is an eligible individual, and may provide documentation therefor, within 6 years after the date of the enactment of this Act. (d) Determination of Eligibility.--The Attorney General shall make a final determination of eligibility of individuals under section 2 not later than 1 year after locating the individual pursuant to subsection (b) or receiving notification from an individual pursuant to subsection (c), as the case may be. (e) Judicial Review.--An individual seeking payment of compensation under the Civil Liberties Act of 1988 as an eligible individual under section 2 may seek judicial review of a denial of compensation in an appropriate district court of the United States or the United States Court of Federal Claims within 6 years after the date of the denial. (f) Payments From Court Cases.--Notwithstanding section 2(a)(1)(E) of this Act and paragraph (7) of section 105(a) of the Civil Liberties Act of 1988, an individual described in subparagraphs (A) through (D) of section 2(a)(1) of this Act, or any surviving spouse, child, or parent of such individual to whom section 105(a)(8) of the Civil Liberties Act of 1988 applies, who has accepted payment, before the enactment of this Act, pursuant to an award of a final judgment or a settlement on a claim against the United States for acts described in section 108(2)(B) of the Civil Liberties Act of 1988 or section 2(a)(1)(B) of this Act, may receive payment under the Civil Liberties Act of 1988, except that any amount payable to such individual, spouse, child, or parent under section 105(a)(1) of that Act shall be reduced by the amount of any payment received pursuant to such final judgment or settlement. SEC. 5. CORRECTION OF IMMIGRATION STATUS. Those individuals described in paragraph (1) of section 2(a) shall not be considered to have been present in the United States unlawfully during the evacuation, relocation, or internment period. Each department or agency of the United States shall take the necessary steps to correct any records over which that department or agency has jurisdiction that indicate that such individuals were in the United States unlawfully during such period. SEC. 6. FULL DISCLOSURE OF INFORMATION. (a) Public Disclosure of Information.--The appropriate departments and agencies of the United States shall disclose to the public all information (other than information which may not be disclosed under other provisions of law) relating to the forcible removal of individuals from Central and South America during the evacuation, relocation, or internment period and the internment of those individuals in the United States during that period, including information on individuals whose location is unknown. (b) Sharing of Information With Other Countries.--The President shall take the necessary steps to share information described in subsection (a) with other countries and encourage those countries to make that information available to people in those countries. SEC. 7. TRUST FUND. (a) Reestablishment of Fund.--The Civil Liberties Public Education Fund (in this Act referred to as the ``Fund'') is reestablished in the Treasury of the United States, and shall be administered by the Secretary of the Treasury. (b) Investment of Amounts in the Fund.--Amounts in the Fund shall be invested in accordance with section 9702 of title 31, United States Code. (c) Uses of the Fund.--Amounts in the Fund shall be available only-- (1) for disbursement of payments by the Attorney General, under section 105 of the Civil Liberties Act of 1988 and this Act, to eligible individuals under section 2 of this Act; and (2) for disbursement by the Board of Directors of the Fund under section 8 of this Act. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Fund-- (1) such sums as may be necessary to carry out paragraph (1) of subsection (b); and (2) $45,000,000 for disbursements by the Board of Directors of the Fund under section 8. SEC. 8. BOARD OF DIRECTORS OF THE FUND. (a) Establishment.--There is established the Civil Liberties Public Education Fund Board of Directors, which shall be responsible for making disbursements from the Fund in the manner provided in this section. (b) Uses of the Fund.--The Board may make disbursements from the Fund only-- (1) to sponsor research and public education activities so that events surrounding the evacuation, relocation, and internment of individuals of Japanese ancestry will be remembered, and so that the causes and circumstances of this and similar events may be illuminated and understood; and (2) for reasonable administrative expenses of the Board, including compensation and expenses of the members and staff of the Board and payment for administrative support services. (c) Membership, Staff, Etc.--The provisions of subsections (c), (d), (e), (f), and (g) of section 106 of the Civil Liberties Act of 1988 (50 U.S.C. App. 1989b-5 (c), (d), (e), (f), and (g)) shall apply to the Board of the Fund to the same extent as they applied to the Board established under that section. SEC. 9. DEFINITIONS. In this Act, the terms ``evacuation, relocation, or internment period'' and ``permanent resident alien'' have the meanings given those terms in section 108 of the Civil Liberties Act of 1988 (50 U.S.C. App. 1989b-7).

Wartime Parity and Justice Act of 2003 - Allows certain individuals of Japanese ancestry who were brought forcibly to the United States from countries in Latin America and interned in the United States during World War II to be provided restitution under the Civil Liberties Act of 1988.Urges the President to transmit a letter of apology to each such individual.Makes the Attorney General responsible for identifying and locating individuals eligible for restitution. Authorizes judicial review of a denial of compensation. Permits an individual covered by this Act who has accepted payment on a related claim before this Act's enactment to receive an appropriately reduced payment.Directs: (1) individuals covered by this Act to not be considered to have been present in the United States unlawfully during the evacuation, relocation, or internment period; (2) each U.S. agency to correct any records indicating otherwise; (3) agencies to disclose all information relating to the removal and internment of such individuals; and (4) the President to share such information with other countries and encourage those countries to make that information available.Reestablishes in the Treasury the Civil Liberties Public Education Fund and establishes a board of directors for the Fund.

To allow certain individuals of Japanese ancestry who were brought forcibly to the United States from countries in Latin America during World War II and were interned in the United States to be provided restitution under the Civil Liberties Act of 1988, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Park Scenic Overflight Concessions Act of 1994''. SEC. 2. PURPOSE AND FINDINGS. (a) Purpose.--The purpose of this Act is to require all commercial air tour operators to hold a concessions permit with the Park Unit, and to provide Park Service authority to determine the appropriate level of commercial scenic tour overflight activity. (b) Findings.--The Congress finds that: (1) The National Park Service administers Federal parks, monuments, and reservations, to conserve the scenery; natural, cultural and historic values; wilderness values, including natural quiet; and wildlife resources while providing for the enjoyment of the same in such manner and by such means as will leave them unimpaired for the enjoyment of future generations. In recognition of these values, many park units are recognized as internationally significant International Biosphere Reserves and World Heritage Sites. (2) In order to manage National Park System units to achieve the purposes for which they were established by Congress, there is a need for National Park Service authority to regulate commercial scenic overflight enterprises operating over units of the National Park system. (3) It is the function of the Federal Aviation Administration to manage the safe and efficient use of the navigable airspace of the United States, as provided for in the Federal Aviation Act of 1958 (49 U.S.C. App. 1391, et seq.); and to protect the environment from adverse impacts in accord with sections 307(c) and 611 of the foregoing Act and section 4(f) of the Department of Transportation Act (49 U.S.C. 1653(f)). (4) The auditory and visual intrusion of aircraft flying at low altitudes can be incompatible with the preservation and management of natural or cultural resources, the natural quiet, scenery, and/or the public's enjoyment of the resources on lands managed by the public land management agencies, notably such sensitive areas as parks, wildlife refuges, and wilderness areas. (5) It is the joint responsibility of these agencies to resolve these incompatible situations or mitigate them to the fullest extent possible in order to maintain these public lands for the purposes for which they were established while recognizing the public's and the Government's need to transit navigable airspace. (6) In recognition of the values for which National Park Service lands are managed, the Federal Aviation Administration and the National Park Service shall act cooperatively to reduce the incidence of low-flying aircraft impacts from commercial scenic tour overflights by helicopters, fixed-wing aircraft, blimps, and balloons over sensitive lands administered by the National Park Service and to make these overflights compatible with park preservation objectives. SEC. 3. COMMERCIAL AIR TOURS. The Act of October 9, 1965 (16 U.S.C. 20-20g) commonly known as the National Park Service Concessions Policy Act is amended by adding the following new section at the end thereof: ``SEC. 10. COMMERCIAL AIR TOURS OVER NPS UNITS. ``(a) Issuance of Permits for Commercial Air Tours.--No person may fly an individual for compensation over any unit of the National Park System for the purpose of viewing any portion of such unit unless such person has in effect a valid commercial air tour permit issued by the Secretary. The Secretary may issue or deny such permits upon application of any person. Such permits may be issued subject to such conditions and restrictions as the Secretary deems necessary to protect the resources of such unit and to protect and enhance visitor enjoyment. Issuance or denial of a permit shall be consistent with the legislation establishing such unit, the guidelines under subsection (b), any applicable provisions of any general management plan in effect for such unit, and the provisions of law generally applicable to units of the national park system, including the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2, 3, and 4) and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461-467). Any person who flies an individual for compensation over any unit of the National Park System for the purpose of viewing any portion of such unit shall be treated as entering such unit and providing a service within such unit for purposes of this Act. This subsection shall take effect on the date one year after the enactment of the National Park Scenic Overflight Concessions Act of 1994 and shall apply to all flights described in this subsection made after such effective date. ``(b) Guidelines and Planning.--Not later than 12 months after the enactment of this Act, the Secretary shall publish guidelines applicable to commercial air tour flights over national park system units providing for such flights where appropriate and restricting or prohibiting such flights where necessary in accordance with the provisions of law referred to in subsection (a). Each permit under subsection (a) for flights at any unit of the National Park System shall be based on such guidelines. Any such guidelines proposed by the Secretary shall be submitted to the Administrator of the Federal Aviation Administration for review prior to adoption. Within 60 days after his receipt of such proposed guidelines, the Administrator shall provide comments and recommendations to the Secretary regarding any effects such guidelines may have on aircraft safety. The Secretary shall incorporate the Administrator's recommendations regarding aircraft safety in the final guidelines. ``(c) General Management Plans.--The Secretary may amend the general management plan for any national park system unit to establish air concessions requirements applicable to flights subject to the permit requirements of subsection (a). Such amendments shall be consistent with the provisions of law referred to in subsection (a) and the guidelines published under subsection (b). The amendments shall-- ``(1) document the degree to which commercial scenic overflights may affect the natural resources of the park unit concerned; ``(2) document the effects of such overflights on the park visitor's experience; and ``(3) propose measures necessary to protect park resources and the visitor's experience from the adverse effects of commercial scenic overflights. Each permit issued under subsection (a) for flights over any national park system unit after the effective date of general management plan amendments adopted under this subsection shall be consistent with such amendments. ``(d) Penalty.--Any person who knowingly or willfully violates any requirement of this section or of any rule or regulation promulgated by the Secretary under this section shall be fined not more than $5,000 or imprisoned for not more than 5 years or both.''. SEC. 4. FEDERAL AVIATION ADMINISTRATION (a) Reporting and Training.--The Administrator of the Federal Aviation Administration (hereinafter in this section referred to as the ``Administrator''), in cooperation with the Secretary of the Interior, shall-- (1) develop standardized reporting systems for the documentation of low flying aircraft incidents in air space over national park system units; and (2) develop training programs and instructional materials for national park service personnel to enable them to recognize and report instance of low flying aircraft incidents in air space over national park system units. (b) Aircraft Noise.--The Administrator shall amend the regulations of the Federal Aviation Administration to treat aircraft noise abatement at national park system units as in the public interest. (c) Reports.--The Administrator and the Secretary of the Interior shall submit a joint report to the Congress within 3 years after the enactment of this Act containing a description of the progress made under this Act and other authority of law in mitigating the adverse effects of commercial scenic overflights at national park system units.

National Park Scenic Overflight Concessions Act of 1994 - Amends the National Park Service Concessions Policy Act to prohibit a person from flying an individual for compensation over a National Park System (NPS) unit to view any portion of the unit unless the person has in effect a valid commercial air tour permit issued by the Secretary of the Interior. Requires the Secretary to publish guidelines applicable to commercial air tour flights over NPS units providing for such flights where appropriate and restricting or prohibiting such flights where necessary. Authorizes the Secretary to amend the general management plan for any NPS unit to establish air concessions requirements applicable to flights subject to the permit requirements of this Act that: (1) document the degree to which commercial scenic overflights may affect the natural resources of the park unit concerned and the effects of such overflights on the park visitor's experience; and (2) propose measures necessary to protect park resources and the visitor's experience from the adverse effects of commercial scenic overflights. Imposes a fine and up to five years' imprisonment on any person who knowingly or willfully violates any requirement, rule, or regulation promulgated pursuant to this Act. Directs the Administrator of the Federal Aviation Administration (FAA), in cooperation with the Secretary, to develop: (1) standardized reporting systems for the documentation of low flying aircraft incidents in airspace over NPS units; and (2) training programs and instructional materials for National Park Service personnel to enable them to recognize and report such incidents. Requires the Administrator to amend the FAA regulations to treat aircraft noise abatement at NPS units as in the public interest. Directs the Administrator and the Secretary to report jointly to the Congress on the progress made under this Act and other authority of law in mitigating the adverse effects of commercial scenic overflights at NPS units.

National Park Scenic Overflight Concessions Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Education Loan Forgiveness Act of 2010''. SEC. 2. ENERGY EDUCATION LOAN FORGIVENESS. Part B of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) is amended by inserting after section 428L the following new section: ``SEC. 428M. ENERGY EDUCATION LOAN FORGIVENESS. ``(a) Purpose.--The purposes of this section are-- ``(1) to encourage individuals to enter and continue in advanced energy professions; and ``(2) to reward such individuals for their service in advanced energy professions by reducing the burden of student loan debt. ``(b) Program Authorized.-- ``(1) Loan forgiveness authorized.--The Secretary is authorized to forgive, in accordance with this section, the student loan obligation of a borrower, in the amount specified in subsection (c), who-- ``(A) has been employed for at least one calendar year after the date of enactment of the Energy Education Loan Forgiveness Act of 2010 as a full-time skilled energy worker trained in an industry that focuses on advanced energy (as defined in subsection (f)); and ``(B) is not in default on a loan for which the borrower seeks forgiveness. ``(2) Method of loan forgiveness.--To provide loan forgiveness under paragraph (1), the Secretary is authorized to carry out a program-- ``(A) through the holder of the loan, to assume the obligation to repay a qualified loan amount for a loan made, insured, or guaranteed under this part (other than an excepted PLUS loan (as such term is defined in section 493C(a))); and ``(B) to cancel a qualified loan amount for a loan made under part D or part E of this title (other than such an excepted PLUS loan). ``(c) Qualified Loan Amount.--The Secretary shall, from funds appropriated under subsection (h), forgive the loan obligation of a borrower in accordance with this section and in the following increments: ``(1) After the first calendar year of employment described in subsection (b)(1), not more than $2,000 of the loan obligation of the borrower that is outstanding after the completion of such calendar year. ``(2) After the second such year of employment, not more than $2,500 of the loan obligation of the borrower that is outstanding after the completion of such year. ``(3) After the third such year of employment, not more than $3,000 of the loan obligation of the borrower that is outstanding after the completion of such year. ``(4) After the fourth such year of employment, not more than $4,500 of the loan obligation of the borrower that is outstanding after the completion of such year. ``(5) After the fifth such year of employment, not more than $5,000 of the loan obligation of the borrower that is outstanding after the completion of such year. ``(d) Priority.--The Secretary shall grant loan forgiveness under this section on a first-come, first-served basis, and subject to the availability of appropriations. ``(e) Ineligibility for Double Benefits.--No borrower may, for the same service, receive a reduction of loan obligations under both this section and section 428K or 455(m). ``(f) Definitions.--In this section: ``(1) Advanced energy.--The term `advanced energy' shall have the meaning given such term by the Secretary pursuant to subsection (g). ``(2) Industry that focuses on advanced energy.--The term `industry that focuses on advanced energy' means an industry the primary purpose of which is to develop, produce, and distribute advanced energy (as defined by the Secretary in accordance with subsection (g)), and includes the following industries: ``(A) Alternative energy, including wind and solar energy. ``(B) Nuclear energy. ``(C) Energy efficient construction, retrofitting, and design. ``(D) Sustainable energy technologies, including chemical technology, nanotechnology, and electrical technology. ``(E) Water and energy conservation. ``(F) Recycling and waste reduction. ``(G) Advanced agriculture and farming. ``(H) Carbon sequestration and storage. ``(I) Natural gas drilling. ``(J) Clean coal production. ``(3) Skilled energy worked.--The term `skilled energy worker' shall have the meaning given such term by the Secretary pursuant to subsection (g). ``(g) Regulations.-- ``(1) In general.--The Secretary is authorized to issue such regulations as may be necessary to carry out this section. ``(2) Consultation with secretary of energy.--The Secretary shall coordinate with the Secretary of Energy to promulgate regulations to define, for the purpose of awarding loan forgiveness under this section, the term `advanced energy', the term `skilled energy worker', and each of the categories of industries that focus on advanced energy that are listed under subsection (f)(2). ``(h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2011 and each of the 5 succeeding fiscal years.''.

Energy Education Loan Forgiveness Act of 2010 - Amends the Higher Education Act of 1965 to authorize the Secretary of Education to provide student loan forgiveness under the Federal Family Education Loan, Direct Loan, and Perkins Loans programs to individuals who have been employed for at least one year after this Act's enactment as full-time skilled energy workers in advanced energy industries. Limits the maximum amount of such loan forgiveness to $2,000 after the first year of a skilled energy worker's employment, with incremental increases after each of the following four years, reaching $5,000 of the loan obligation of the borrower outstanding after the completion of the fifth year. Includes as advanced energy industries those involved in: (1) alternative energy; (2) nuclear energy; (3) energy efficient construction, retrofitting, and design; (4) sustainable energy technologies; (5) water and energy conservation; (6) recycling and waste reduction; (7) advanced agriculture; (8) carbon sequestration and storage; (9) natural gas drilling; and (10) clean coal production.

To amend the Higher Education Act of 1965 to authorize student loan forgiveness for certain individuals employed in advanced energy professions.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Efficient Marine Mammal Protection Act''. SEC. 2. ABOLISHMENT OF MARINE MAMMAL COMMISSION; TRANSFER OF FUNCTIONS. (a) Abolishment of Department.--The Marine Mammal Commission is abolished. (b) Transfer of Functions.--All functions that immediately before the effective date of this section are authorized to be performed by the Commission, by any officer or employee of the Commission acting in that capacity, or by any agency or office of the Commission, are transferred to the Director of the United States Fish and Wildlife Service. SEC. 3. CONFORMING AND CLERICAL AMENDMENTS. (a) Marine Mammal Protection Act of 1972.--The Marine Mammal Protection Act of 1972 is amended-- (1) in section (3) (16 U.S.C. 1362), by adding at the end the following: ``(30) The term `Director' means the Director of the United States Fish and Wildlife Service.''; (2) by striking ``Marine Mammal Commission'' each place it appears and inserting ``Director of the United States Fish and Wildlife Service''; (3) by striking ``Commission'' each place it appears in reference to the Marine Mammal Commission and inserting ``Director''; (4) by striking ``Chairman of the Marine Mammal Commission'' each place it appears and inserting ``Director of the United States Fish and Wildlife Service''; (5) by striking ``Chairman of the Commission'' each place it appears and inserting ``Director of the United States Fish and Wildlife Service''; (6) by striking ``Chairman'' each place it appears in reference to the Chairman of the Marine Mammal Commission and inserting ``Director''; (7) in section 104(l)(2) (16 U.S.C. 1383a(l)(2)), by striking ``Chairman's'' and inserting ``Director's''; (8) in the heading for title II, by striking ``MARINE MAMMAL COMMISSION'' and inserting ``UNITED STATES FISH AND WILDLIFE SERVICE''; (9) by striking section 201 (16 U.S.C. 1401); (10) in the heading for section 202 (16 U.S.C. 1402), by striking ``commission'' and inserting ``united states fish and wildlife service''; (11) in the heading for section 206 (16 U.S.C. 1402), by striking ``administration of commission'' and inserting ``authorities of director of united states fish and wildlife service''; and (12) in the table of contents in the first section-- (A) by striking the item relating to the title enumerator and heading for title II and inserting the following: ``TITLE II--UNITED STATES FISH AND WILDLIFE SERVICE''; (B) by striking the item relating to section 201; (C) by striking the item relating to section 202 and inserting the following: ``Sec. 202. Duties of United States Fish and Wildlife Service.''; and (D) by striking the item relating to section 206 and inserting the following: ``Sec. 206. Authorities of Director of United States Fish and Wildlife Service.''. (b) Title 10, U.S.C.--Section 7524(a) of title 10, United States Code, is amended by striking ``Marine Mammal Commission'' and inserting ``Director of the United States Fish and Wildlife Service''. (c) Whale Conservation and Protection Study Act.--Section 3 of the Whale Conservation and Protection Study Act (16 U.S.C. 917a) is amended by striking ``Marine Mammal Commission'' and inserting ``Director of the United States Fish and Wildlife Service''. (d) National Fish and Wildlife Foundation Establishment Act.-- Section 4(g) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3703(g)) is amended by striking ``Marine Mammal Commission'' and inserting ``Director of the United States Fish and Wildlife Service''. SEC. 4. REFERENCES. Any reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to the Marine Mammal Commission to such Commission or an official of such Commission is deemed to refer to the Director of the United States Fish and Wildlife Service. SEC. 5. EXERCISE OF AUTHORITIES. Except as otherwise provided by law, the Director of the United States Fish and Wildlife Service may, for purposes of performing a function is transferred by this Act, exercise all authorities under any other provision of law that were available with respect to the performance of that function to the Marine Mammal Commission. SEC. 6. SAVINGS PROVISIONS. (a) Legal Documents.--All orders, determinations, rules, regulations, permits, grants, loans, contracts, agreements, certificates, licenses, and privileges-- (1) that have been issued, made, granted, or allowed to become effective by the President, the Marine Mammal Commission, any officer or employee of any office such Commission, or any other Government official, or by a court of competent jurisdiction, in the performance of any function that is transferred by this Act, and (2) that are in effect on the effective date of such transfer (or become effective after such date pursuant to their terms as in effect on such effective date), shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, any other authorized official, a court of competent jurisdiction, or operation of law. (b) Proceedings.--This Act shall not affect any proceedings or any application for any benefits, service, license, permit, certificate, or financial assistance pending on the date of the enactment of this Act before the Marine Mammal Commission, but such proceedings and applications shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted, and orders issued in any such proceeding shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection shall be considered to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this Act had not been enacted. (c) Suits.--This Act shall not affect suits commenced before the date of the enactment of this Act, and in all such suits, proceeding shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this Act had not been enacted. (d) Nonabatement of Actions.--No suit, action, or other proceeding commenced by or against the Marine Mammal Commission, or by or against any individual in the official capacity of such individual as an officer or employee of such Commission, shall abate by reason of the enactment of this Act. (e) Continuance of Suits.--If any Government officer in the official capacity of such officer is party to a suit with respect to a function of the officer, and under this Act such function is transferred to any other officer or office, then such suit shall be continued with the other officer or the head of such other office, as applicable, substituted or added as a party. (f) Administrative Procedure and Judicial Review.--Except as otherwise provided by this Act, any statutory requirements relating to notice, hearings, action upon the record, or administrative or judicial review that apply to any function transferred by this Act shall apply to the exercise of such function by the head of the Federal agency, and other officers of the agency, to which such function is transferred by this Act. SEC. 7. TRANSFER OF ASSETS. Except as otherwise provided in this Act, so much of the property, records, and unexpended balances of appropriations, allocations, and other funds employed, used, held, available, or to be made available in connection with a function transferred to an official or agency by this Act shall be available to the official or the head of that agency, respectively, at such time or times as the Director of the Office of Management and Budget directs for use in connection with the functions transferred. SEC. 8. DELEGATION AND ASSIGNMENT. Except as otherwise expressly prohibited by law or otherwise provided in this Act, an official to whom functions are transferred under this Act (including the head of any office to which functions are transferred under this Act) may delegate any of the functions so transferred to such officers and employees of the office of the official as the official may designate, and may authorize successive redelegations of such functions as may be necessary or appropriate. No delegation of functions under this section or under any other provision of this Act shall relieve the official to whom a function is transferred under this Act of responsibility for the administration of the function. SEC. 9. AUTHORITY OF DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET WITH RESPECT TO FUNCTIONS TRANSFERRED. (a) Determinations.--If necessary, the Director of the Office of Management and Budget shall make any determination of the functions that are transferred under this Act. (b) Incidental Transfers.--The Director of the Office of Management and Budget, at such time or times as the Director shall provide, may make such determinations as may be necessary with regard to the functions transferred by this Act, and to make such additional incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, as may be necessary to carry out the provisions of this Act. The Director of the Office of Management and Budget shall provide for the termination of the affairs of all entities terminated by this Act and for such further measures and dispositions as may be necessary to effectuate the purposes of this Act. SEC. 10. AVAILABILITY OF EXISTING FUNDS. Existing appropriations and funds available for the performance of functions, programs, and activities terminated pursuant to this Act shall remain available, for the duration of their period of availability, for necessary expenses in connection with the termination and resolution of such functions, programs, and activities. SEC. 11. DEFINITIONS. For purposes of this Act-- (1) the term ``function'' includes any duty, obligation, power, authority, responsibility, right, privilege, activity, or program; and (2) the term ``office'' includes any office, administration, agency, bureau, institute, council, unit, organizational entity, or component thereof.

Efficient Marine Mammal Protection Act This bill abolishes the Marine Mammal Commission and transfers to the U.S. Fish and Wildlife Service its functions, including its duties, obligations, powers, authorities, responsibilities, rights, privileges, activities, or programs.

Efficient Marine Mammal Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Law Enforcement and Correctional Officers Employment Registration Act of 1993''. SEC. 2. FINDINGS. The Congress finds that-- (1) law enforcement officials, including members of the International Association of Chiefs of Police, recognize that violent crime represents the greatest threat to the safety and security of citizens and that dedicated, ethical law enforcement professionals, and lawful initiatives and participation by members of the community represent the best hope of responding to the challenges of violent crime; (2) the International Association of Chiefs of Police acknowledges that a few officers choose to violate the public trust by abusing their authority or by breaking the law and that such officers should not be permitted to seek police employment in another State or jurisdiction with the expectation that they will be able to conceal their history of misconduct; (3) there have been numerous documented cases of officers who have obtained officer employment and certification in a State after revocation of officer certification or dishonorable discharge in another State; (4) a national clearinghouse of officer employment histories would enable each criminal justice agency to conduct thorough background checks on officer applicants and to assure that only honest ethical officers are permitted to serve; and (5) Federal legislation is needed that would require Federal registration of employment termination data of law enforcement officers and correctional officers. SEC. 3. REGISTRATION. Subpart 1 of part E of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3781 et seq.) is amended by adding at the end the following: ``registration of employment data of law enforcement and correctional officers ``Sec. 509a. (a)(1) The Governor of each State, or chief executive of each Territory of the United States, that receives funds under section 506 in a fiscal year shall designate an official or agency which shall submit to an officer or agency designated by the Attorney General of the United States, a list of all law enforcement and correctional officers who held such office in such State or territory on or since January 1, 1990, in accordance with paragraph (2). Such list shall be updated and supplemented by agencies or officials responsible for submission of employment data in accordance with subsection (b). ``(2) Such list shall include the names (and any former names), dates of birth, social security numbers, Federal Bureau of Investigation fingerprint identification numbers if known, the dates of appointment as officers if known, the names and addresses or National Crime Information Center numbers of the appointing or employing agencies, and, if applicable, the dates such service ended for such officers. ``(b) The agency or official responsible for submission of such employment data shall, not later than 90 days after an officer's employment, appointment, or separation from employment or appointment, notify the agency or officer designated by the Attorney General of the United States to receive such employment data, that a law enforcement officer or correctional officer has been appointed or employed as an officer, or that a registered officer is no longer empowered or employed as such. If the former officer has had officer certification revoked for cause, that fact shall be reported. ``(c) For purposes of this section-- ``(1) the term `law enforcement officer' means an individual who is elected or appointed by a State or territory, or a political subdivision thereof, or by a Native American Indian tribe or band, to conserve the peace, or to make arrests or serve warrants, or to otherwise possess or exercise the authority of a peace officer in such State or territory; and ``(2) the term `correctional officer' means an individual who is elected or appointed by a State or territory, or a political subdivision thereof, to guard or supervise prisoners or inmates of jails or other detention, penal, or correctional facilities. A `law enforcement officer' or `correctional officer' includes an individual whether compensated for services or not, whether full- or part-time, and whether appointment, election, or term of office is temporary or permanent. Such terms do not include citizens who are called to assist an officer in the performance of the officer's duties unless such citizen received a deputation or commission of appointment lasting longer than 30 days. ``(d)(1) As a condition of employment, each State, territory, or political subdivision thereof, that employs law enforcement officers or correctional officers shall require all applicants for appointment to or employment in such positions before beginning employment-- ``(A) to disclose all prior service or employment as a law enforcement or correctional officer; and ``(B) to submit a written authorization and request for release of information, on a form prescribed by the Attorney General or designee. ``(2) When a prospective law enforcement or correctional employer obtains an officer's required written authorization and request for release of information, the Attorney General (or designee) is directed to release all data collected under subsections (a) and (b) of this section to such prospective employer. ``(3) Upon receipt of a completed written authorization and request for release of information and not later than 30 days after such officer is first appointed or employed or at any time prior to the appointment or employment of an applicant, each State, territory, and political subdivision thereof shall notify the Attorney General (or designee). ``(e) The Attorney General shall issue regulations for the implementation of this section and the operation of the employment data clearinghouse. ``(f) Agencies or agency administrators who submit employment or officer certification data pursuant to this section are presumed to be acting in good faith and, unless lack of good faith is shown by clear and convincing evidence, are immune from civil liability for such disclosure or its consequences. The presumption of good faith is rebutted upon a showing that the data was submitted with knowledge of its falsity or was submitted with the malicious intent to deliberately mislead.''. SEC. 4. EFFECTIVE DATES. (a) In General.--This Act shall take effect on January 1, 1994. (b) Information Compliance.--Lists required under section 509a(a) of the Omnibus Crime Control and Safe Streets Act of 1968 shall be submitted not later than 180 days after the enactment of this Act. (c) State Compliance.--Beginning not later than 180 days after the date of the enactment of this Act, each State, territory, or political subdivision thereof, shall comply with the requirements described in subsection (d) of section 509a of the Omnibus Crime Control and Safe Streets Act of 1968. SEC. 5. REPORTS. Not later than 2 years after the date of the enactment of this Act, the Attorney General, upon consultation with the Director of the Bureau of Justice Assistance, shall submit a report to the Committees on the Judiciary of the House of Representatives and the Senate evaluating the compliance of the States with the requirements of section 509a of the Omnibus Crime Control and Safe Streets Act of 1968, and listing each State that has failed materially to comply with the requirements of this section. Such subsequent reports shall be presented as are deemed appropriate by the Attorney General.

Law Enforcement and Correctional Officers Employment Registration Act of 1993 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require the Governor of each State (and the chief executive officer of each U.S. territory) that receives drug control and system improvement formula grants to: (1) submit to an officer or agency designated by the Attorney General (designee) a list of all law enforcement and correctional officers who held such office in such State or territory on or since January 1, 1990 (including their dates of birth, social security numbers, Federal Bureau of Investigation fingerprint identification numbers, dates of appointment as officers, names and addresses or National Crime Information Center numbers of the appointing or employing agencies, and dates such service ended); (2) update and supplement such list; and (3) notify the designee of an officer's employment, appointment, or separation. Directs each State, territory, or political subdivision to require all applicants for such positions before beginning employment to: (1) disclose all prior service or employment as an officer; and (2) submit a written authorization and request for release of information. Directs the Attorney General, when a prospective employer obtains an officer's request for release of information, to release data collected pursuant to this Act to the employer. Makes agencies or agency administrators who submit employment or officer certification data pursuant to this Act immune from civil liability for such disclosure or its consequences, except upon a showing of lack of good faith by clear and convincing evidence.

Law Enforcement and Correctional Officers Employment Registration Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``401Kids Family Savings Act of 2013''. SEC. 2. CONVERSION OF COVERDELL EDUCATION SAVINGS ACCOUNTS TO 401KIDS SAVINGS ACCOUNTS. (a) In General.--Section 530 of the Internal Revenue Code of 1986 is amended by striking ``Coverdell education savings account'' each place it appears in subsection (a), subsection (b)(1), subsection (b)(4), subsection (d)(4)(A), subsection (d)(5), subsection (d)(6), subsection (d)(9), and subsection (h), and inserting ``401Kids savings account''. (b) Conforming Amendments.-- (1) The heading of section 530 of the Internal Revenue Code of 1986 is amended by striking ``coverdell education savings accounts'' and inserting ``401kids savings accounts''. (2) The heading of paragraph (1) of section 530(b) of such Code is amended by striking ``Coverdell education savings account'' and inserting ``401Kids savings account''. (3) Section 26(b)(2)(E) of such Code is amended by striking ``Coverdell education savings accounts'' and inserting ``401Kids savings accounts''. (4) Section 72(e)(9) of such Code is amended by striking ``Coverdell education savings account'' and inserting ``401Kids savings account''. (5) The heading of paragraph (9) of section 72(e) of such Code is amended by striking ``Coverdell education savings accounts'' and inserting ``401Kids savings accounts''. (6) Section 135(c)(2)(C) of such Code is amended by striking ``Coverdell education savings account'' and inserting ``401Kids savings account''. (7) The heading of subparagraph (C) of section 135(c)(2) of such Code is amended by striking ``Coverdell education savings accounts'' and inserting ``401Kids savings accounts''. (8) Section 408A(e)(2)(A)(ii) of such Code is amended by striking ``Coverdell education savings account'' and inserting ``401Kids savings account''. (9) The heading of clause (vi) of section 529(c)(3)(B) of such Code is amended by striking ``Coverdell education savings accounts'' and inserting ``401Kids savings accounts''. (10) Section 529(c)(6) of such Code is amended by striking ``Coverdell education savings account'' and inserting ``401Kids savings account''. (11) Section 877A(e)(2) of such Code is amended by striking ``Coverdell education savings account'' and inserting ``401Kids savings account''. (12) Section 4973(a)(4) of such Code is amended by striking ``Coverdell education savings account'' and inserting ``401Kids savings account''. (13) Section 4973(e)(1) of such Code is amended by striking ``Coverdell education savings accounts'' and inserting ``401Kids savings accounts''. (14) Section 4973(e)(2)(A) of such Code is amended by striking ``Coverdell education savings account'' and inserting ``401Kids savings account''. (15) The heading of subsection (e) of section 4973 of such Code is amended by striking ``Coverdell Education Savings Accounts'' and inserting ``401Kids Savings Accounts''. (16) Section 4975(c)(5) of such Code is amended by striking ``Coverdell education savings account'' and inserting ``401Kids savings account''. (17) The heading of paragraph (5) of section 4975(c) of such Code is amended by striking ``Coverdell education savings accounts'' and inserting ``401Kids savings accounts''. (18) Section 4975(e)(1)(F) of such Code is amended by striking ``Coverdell education savings account'' and inserting ``401Kids savings account''. (19) Section 6693(a)(2)(E) of such Code is amended by striking ``Coverdell education savings accounts'' and inserting ``401Kids savings accounts''. (20) The heading of part VIII of subchapter F of chapter 1 of such Code is amended by striking ``higher education savings'' and inserting ``education and children's savings''. (c) Clerical Amendments.-- (1) The item relating to part VIII in the table of parts for subchapter F of chapter 1 of the Internal Revenue Code of 1986 is amended to read as follows: ``Part VIII. Education and Children's Savings Entities''. (2) The table of sections for part VIII of subchapter F of chapter 1 of such Code is amended by striking the item relating to section 530 and inserting the following new item: ``Sec. 530. 401Kids savings accounts.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 3. QUALIFIED DISTRIBUTIONS FOR FIRST HOME PURCHASES. (a) In General.--Paragraph (1) of section 530(b) of the Internal Revenue Code of 1986 is amended by striking ``qualified education expenses'' and inserting ``qualified expenses''. (b) Qualified Expenses.--Subsection (b) of section 530 of the Internal Revenue Code of 1986 is amended by redesignating paragraphs (2), (3), and (4) as paragraphs (4), (5), and (6), respectively, and by inserting after paragraph (1) the following new paragraphs: ``(2) Qualified expenses.--The term `qualified expenses' means-- ``(A) qualified first-time homebuyer expenses, and ``(B) qualified education expenses. ``(3) Qualified first-time homebuyer expenses.-- ``(A) In general.--The term `qualified first-time homebuyer expenses' means, in the case of a designated beneficiary who is a first-time homebuyer, the qualified acquisition costs with respect to a principal residence of such beneficiary. ``(B) Definitions.--The terms `first-time homebuyer', `qualified acquisition costs', and `principal residence' have the same meaning as when used in section 72(t)(8).''. (c) Conforming Amendments.-- (1) Paragraph (4)(A)(ii) (as redesignated by subsection (b)) of section 530(b) of the Internal Revenue Code of 1986 is amended by striking ``as defined in paragraph (3)'' and inserting ``as defined in paragraph (5)''. (2) Subparagraphs (A), (B), and (D) of section 530(d)(1) of such Code are each amended by striking ``qualified education expenses'' each place it appears and inserting ``qualified expenses''. (3) The heading of paragraph (2) of section 530(d) of such Code is amended by striking ``education expenses'' and inserting ``expenses''. (4) The heading of paragraph (4) of section 530(d) of such Code is amended by striking ``educational expenses'' and inserting ``expenses''. (5) Subclause (I) of section 529(c)(3)(B)(vi) of such Code is amended by striking ``to which clauses (i) and (ii) and section 530(d)(2)(A) apply'' and inserting ``for qualified higher education expenses to which clauses (i) and (ii) apply and for qualified education expenses to which section 530(d)(2)(A) applies''. (6) Clause (vi) of section 529(c)(3)(B) of such Code is amended by striking ``and section 530(d)(2)(A).'' and inserting ``and the amount of the exclusion with respect to qualified education expenses under section 530(d)(2)(A).''. (d) Effective Date.--The amendments made by this section shall apply to distributions made in taxable years beginning after the date of the enactment of this Act. SEC. 4. QUALIFIED ROLLOVER CONTRIBUTIONS FROM 401KIDS SAVINGS ACCOUNTS TO ROTH IRAS. (a) In General.--Paragraph (5) of section 530(d) of the Internal Revenue Code of 1986 is amended by inserting ``, or into a Roth IRA of the beneficiary'' after ``as of such date''. (b) Conforming Amendment; Technical Correction.--Paragraph (1) of section 408A(e) of the Internal Revenue Code of 1986 is amended to read as follows: ``(1) In general.--The term `qualified rollover contribution' means a rollover contribution to a Roth IRA from another such account, from an eligible retirement plan (as defined in section 402(c)(8)(B)), or from a 401Kids savings account (as defined in section 530(b)(1)), but only if-- ``(A) such rollover contribution meets the requirements of section 408(d)(3), ``(B) in the case of a rollover contribution from an eligible retirement plan described in clause (iii), (iv), (v), or (vi) of section 402(c)(8)(B), such contribution meets the requirements of section 402(c), 403(b)(8), or 457(e)(16), whichever is applicable, and ``(C) in the case of a rollover contribution from a 401Kids savings account, such contribution meets the requirements of section 530(d)(5). For purposes of section 408(d)(3)(B), there shall be disregarded any qualified rollover contribution from an individual retirement plan (other than a Roth IRA) to a Roth IRA.''. (c) Effective Date.--The amendments made by this section shall apply to rollover contributions made in taxable years beginning after the date of the enactment of this Act.

401Kids Family Savings Act of 2013 - Amends the Internal Revenue Code to: (1) rename Coverdell education savings accounts as 401Kids savings accounts, (2) allow the use of such accounts to pay the acquisition costs of a first-time homebuyer, and (3) allow tax-free rollovers of amounts in a 401Kids savings account to a Roth individual retirement account (Roth IRA).

401Kids Family Savings Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Indian Trust Fund Management Reform Act Amendments of 1995''. SEC. 2. ADMINISTRATIVE AUTHORITIES OF THE OFFICE OF SPECIAL TRUSTEE. (a) In General.--Section 303(b)(2) of the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4043(b)(2)) is amended-- (1) by striking the paragraph heading and inserting the following new heading: ``Administration of financial trust services.--'' (2) by redesignating subparagraphs (A) through (C) as subparagraphs (B) through (D), respectively; and (3) by inserting before subparagraph (B), as so redesignated, the following new subparagraph: ``(A) Administrative authority.--The Office of Special Trustee shall have direct administrative authority over the human and financial resources supporting the provision of financial trust services and functions to Indian tribes and Indian individuals administered by the Bureau on the day before the date of enactment of the American Indian Trust Fund Management Reform Act Amendments of 1995.''. (b) Transfer of Functions.--The Secretary of the Interior shall transfer to the Office of Special Trustee for American Indians established under section 302 of the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4042) the functions and services of the Bureau of Indian Affairs relating to the administration of human and financial resources supporting the provision of financial trust services and functions to Indian tribes and Indian individuals in a manner consistent with section 303(b)(2)(A) of that Act, as amended by subsection (a). (c) Administrative Support Services.-- (1) In general.--Subject to paragraph (2), for fiscal year 1996, the Secretary of the Interior shall ensure that, to the extent practicable, the Bureau of Indian Affairs provides administrative support services for the financial trust functions and services transferred to the Office of Special Trustee for American Indians under subsection (b) at a level that is comparable to the level of administrative support services provided by the Bureau of Indian Affairs to support those financial trust functions and services during fiscal year 1995. (2) Effect of reduction in funding.--If, for fiscal year 1996, the amount of funds made available by appropriations for the Bureau of Indian Affairs for general administrative support services is less than the amount made available for such purposes for fiscal year 1995, the Secretary shall determine the level of administrative support services described in paragraph (1) to be provided for fiscal year 1996 on a pro rata basis, taking into account the total amount of funds made available by appropriations for the Bureau for general administrative support services. SEC. 3. OFFICE OF SPECIAL TRUSTEE. Section 302(b) of the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4042(b)) is amended by adding at the end the following new paragraph: ``(3) Term of special trustee.-- ``(A) In general.--Except as provided in subparagraphs (B) and (C), the Special Trustee shall serve for a term of 4 years. ``(B) Termination of office.--If, pursuant to subsection (c), the Office of Special Trustee is terminated prior to the expiration of the term specified in subparagraph (A), the term of the Special Trustee shall expire on the termination date determined under that subsection. ``(C) Vacancy.--If a vacancy occurs prior to the expiration of the term of the Special Trustee, the vacancy shall be filled in the same manner as the original appointment and, except as provided in subparagraph (B), the individual appointed to succeed shall serve for the unexpired portion of that term.''. SEC. 4. CONFORMING AMENDMENTS. Section 303 of the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4043), as amended by section 2, is further amended-- (1) in subsection (b)(2)-- (A) in subparagraph (B)-- (i) by striking ``the Bureau'' and inserting ``the Department''; and (ii) by striking ``holders,'' and inserting ``holders''; (B) in subparagraph (C), by striking ``that the Bureau establishes'' and inserting ``the establishment of''; and (C) in subparagraph (D), by striking ``that the Bureau establishes'' and inserting ``the establishment of''; and (2) in subsection (c)-- (A) in paragraph (2), by striking ``Bureau'' each place it appears and inserting ``Office''; and (B) in paragraph (3), by striking ``Bureau'' each place it appears and inserting ``Office''.

American Indian Trust Fund Management Reform Act Amendments of 1995 - Amends the American Indian Trust Fund Management Reform Act of 1994 to grant the Office of Special Trustee for American Indians (of the Department of the Interior) direct administrative authority over the human and financial resources supporting the provision of Indian financial trust services. Provides for the transfer of such functions from the Bureau of Indian Affairs to the Office. Establishes a four-year term of Special Trustee, unless otherwise terminated.

American Indian Trust Fund Management Reform Act Amendments of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Family and Medical Leave Clarification Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The Family and Medical Leave Act of 1993 (hereinafter referred to as the ``Act'') is not working as the Congress intended when it passed the Act in 1993. Many employers, including those employers that are nationally recognized as having generous family-friendly benefit and leave programs, are experiencing serious problems complying with the Act. (2) The Secretary of Labor's overly broad regulations and interpretations have caused many of these problems by greatly expanding the Act's coverage to apply to many nonserious health conditions. (3) Between 1996 and 2002, six congressional hearings--two in the Senate and four in the House of Representatives-- documented numerous implementation problems with the Act due to the Department of Labor's misapplication of the Act through some of its regulations and interpretations. (4) Documented problems generated by the Act include significant new administrative and personnel costs, loss of productivity, scheduling difficulties, unnecessary paperwork and recordkeeping, and other compliance problems. (5) The Act often conflicts with employers' paid sick leave policies, prevents employers from managing absences through their absence control plans, and results in most leave under the Act becoming paid leave. (6) Administrative problems associated with the use of intermittent leave under the Act are a well-documented issue. Approximately three-quarters (76 percent) of respondents to a 2000 survey by the Society for Human Resource Management said they would find compliance easier if the Department of Labor allowed covered leave to be offered and tracked in half-day increments rather than minutes. (7) In 1996, the Commission on Leave, established by title III of the Act (29 U.S.C. 2631 et seq.), reported few compliance difficulties with the Act, but the Commission only based its findings on leave taken between January 1994 and June 1995. Only after the final regulations became effective in early 1995, and after the issuance of contradictory interpretations of what constitutes a serious health condition, did employers begin to encounter most compliance difficulties. As a result, the Commission report failed to identify many compliance problems, because the findings were primarily based on leave taken before the final regulations became effective. (8) A more recent Department of Labor survey, released in January 2001 as an update requested by Congress to the 1996 Commission on Leave report, found that between 1995 and 2000, there had been a 21.5 percent decline in the share of covered establishments reporting that it was somewhat easy or very easy to comply with the Act. SEC. 3. DEFINITION OF SERIOUS HEALTH CONDITION. Section 101(11) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611(11)) is amended-- (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (2) by inserting ``(A)'' before ``The term''; (3) by adding at the end the following: ``(B) Such term includes an illness, injury, impairment, or physical or mental condition that involves care or treatment described in subparagraph (a), such as a heart attack, a heart condition requiring heart bypass or valve operations, a back condition requiring extensive therapy or a surgical procedure, a stroke, a severe respiratory condition, a spinal injury, appendicitis, pneumonia, emphysema, severe arthritis, a severe nervous disorder, an injury caused by a serious accident on or off the job, an ongoing pregnancy, a miscarriage, and a complication or illness related to pregnancy (such as severe morning sickness, a need for prenatal care, childbirth, and recovery from childbirth); and ``(C) Such term does not include a short-term illness, injury, impairment, or condition for which treatment and recovery are very brief.''. SEC. 4. INTERMITTENT LEAVE. Section 102(b)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(b)(1)) is amended by inserting before the period at the end of the second sentence the following: ``, as certified under section 103 by the health care provider after each leave occurrence. An employer may require an employee to take intermittent leave in increments of up to half a workday. An employer may require an employee who travels as part of the normal day-to-day work or duty assignment of the employee and who requests intermittent leave or leave on a reduced schedule to take leave for the duration of that work or assignment if the employer cannot reasonably accommodate the employee's request''. SEC. 5. REQUEST FOR LEAVE. Section 102(e) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(e)) is amended by inserting after paragraph (2) the following: ``(3) Request for leave.--If an employer does not exercise, under subsection (d)(2), the right to require an employee to substitute other employer-provided leave for leave under this title, the employer may require the employee who wants leave under this title to request the leave in a timely manner. if an employer requires a timely request under this paragraph, an employee who fails to make a timely request may be denied leave under this title. For purposes of this paragraph, a request for leave shall be considered timely if-- ``(A) in the case of foreseeable leave, the employee-- ``(i) provides the applicable advance notice required by paragraphs (1) and (2); and ``(ii) submits any written application required by the employer for the leave not later than 5 working days after providing the notice to the employer; and ``(B) in the case of unforeseeable leave, the employee-- ``(i) notifies the employer orally of the need for the leave-- ``(I) not later than the date the leave commences; or ``(II) during such additional period as may be necessary, if the employer is physically or mentally incapable of providing the notification; and ``(ii) submits any written application required by the employer for the leave-- ``(I) not later than 5 working days after providing the notice to the employer; or ``(II) during such additional period as may be necessary, if the employee is physically or mentally incapable of submitting the application.''. SEC. 6. SUBSTITUTION OF PAID LEAVE. Section 102(d)(2) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(d)(2)) is amended by adding at the end the following: ``(C) Paid absence.--Notwithstanding subparagraphs (A) and (B), with respect to leave provided under subparagraph (D) of subsection (a)(1), where an employer provides a paid absence under the employer's collective bargaining agreement, a welfare benefit plan under the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.), or under any other sick leave, sick pay, or disability plan, program, or policy of the employer, the employer may require the employee to choose between the paid absence and unpaid leave provided under this title.''. SEC. 7. REGULATIONS. (a) Revised Regulations.--The Secretary of Labor shall issue revised regulations that implement the Family and Medical Leave Act of 1993 and reflect the amendments made by this Act. In issuing such revised regulations, the Secretary shall-- (1) not later than 90 days after the date of enactment of this Act-- (A) review all regulations issued before such date of enactment, including the regulations published in sections 825.114 and 825.115 of title 29, Code of Federal Regulations; and (B) issue proposed regulations; and (2) not later than 180 days after the date of enactment of this Act, issue final regulations, which shall take effect not later than 90 days after the date of their issuance. (b) Application of Existing Regulations.--Regulations and opinion letters issued by the Secretary of Labor before the effective date of the revised regulations under subsection (a) shall not apply to actions taken by an employer after the effective date of such revised regulations with respect to leave under the Family and Medical Leave Act of 1993. SEC. 8. EFFECTIVE DATE OF AMENDMENTS. The amendments made by this Act shall take effect on the date of issuance of the final regulations required under section 7(a)(2).

Family and Medical Leave Clarification Act - Amends the Family and Medical Leave Act of 1993 (FMLA) to revise the definition of serious health condition to: (1) exclude from FMLA coverage a short-term illness, injury, impairment, or condition for which treatment and recovery are very brief; and (2) include a list of examples of types of illnesses, injuries, impairments, and physical or mental conditions to be covered under FMLA.Allows employers to require that intermittent leave be taken in increments of up to half a work day.Sets forth leave request provisions.Permits employers to require employees to choose between taking unpaid leave provided by the FMLA or paid absence under an employer's collective bargaining agreement or other sick leave, sick pay, or disability plan, program, or policy of the employer.

To amend the Family and Medical Leave Act of 1993 to clarify the Act, and for other purposes.

SECTION 1. FINDINGS; PURPOSE. (a) Findings.--Congress makes the following findings: (1) As the telecommunications industry has moved toward competition in the provision of long distance telephone services, consumers have increasingly elected to change the carriers that provide their long distance telephone services. As many as 50,000,000 consumers now change long distance telephone service providers each year. (2) The fluid nature of the market for long distance telephone services has also allowed an increasing number of unauthorized changes of telephone service providers to occur. Such changes have been called ``slamming'', a term which denotes any practice in which a consumer's long distance telephone service provider is changed without the consumer's knowledge or consent. (3) Slamming accounts for the largest number of consumer complaints received by the Common Carrier Bureau of the Federal Communications Commission. As many as 1,000,000 consumers are subject to the unauthorized change of telephone service providers each year. (4) The increased costs which consumers face as a result of the unauthorized change of telephone service providers threaten to deprive consumers of the financial benefits created by a competitive marketplace in telephone services. (5) The burdens placed upon consumers by unauthorized changes of telephone service providers will expand exponentially as competition enters into the markets for intraLATA and local telephone services. (6) The Telecommunications Act of 1996 sought to combat unauthorized changes of telephone service providers by requiring that a provider who changes a subscriber without authorization pay the previously selected carrier an amount equal to all charges paid by the subscriber after the change. The Federal Communications Commission has proposed regulations to implement this requirement. Implementing these regulations will eliminate many of the financial incentives to execute unauthorized changes of telephone service providers. However, under current and proposed regulations consumers have, and will continue to face, difficulty in securing proof of unauthorized changes. Thus, enforcement of the regulations will be impeded by a lack of tangible proof of consumer consent to the change of telephone service providers. (7) The interests of consumers require that telephone service providers maintain evidence of their verification of consumer consent to changes in telephone service providers. This evidence should take the form of a consumer's written consent or a recording of a consumer's oral consent obtained by the telephone service provider or a third party. (8) Both Congress and the Federal Communications Commission should continue to examine electronic means by which consumers could most readily change telephone service providers while ensuring that such changes would result only from consumer action evidencing express consent to such changes. (9) By providing consumers with a private right of action in State court, if State law permits, against those who have executed unauthorized changes of telephone service providers, Congress insures in a constitutional manner that neither Federal nor State courts will be overburdened with litigation, while also providing the proper forum for such actions given that competition will soon come to all segments of the telephone service market. (10) The majority of consumers who have been subject to the unauthorized change of telephone service do not seek redress through the Federal Communications Commission. In light of the general responsibilities of the States for consumer protection, as well as the prosecutions against unauthorized changes already undertaken by the States, it is essential that the States be allowed to pursue actions on behalf of their citizens, while also preserving the proper role of the Federal Communications Commission in regulating the telecommunications industry. (b) Purposes.--The purposes of this Act are-- (1) to protect consumers from unauthorized changes of telephone service providers; (2) to allow the efficient prosecution of legal actions against telephone service providers who defraud consumers by transferring telephone service providers without consumer consent; and (3) to facilitate the ready selection of telephone service providers by consumers. SEC. 2. ENHANCEMENT OF PROTECTIONS AGAINST UNAUTHORIZED CHANGES IN SUBSCRIBER SELECTIONS OF TELEPHONE SERVICE PROVIDERS. (a) Verification of Authorization.-- (1) In general.--Subsection (a) of section 258 of the Communications Act of 1934 (47 U.S.C. 258) is amended-- (A) by striking ``(a) Prohibition.--No telecommunications'' and inserting the following: ``(a) Prohibition.-- ``(1) In general.--No telecommunications''; (B) in paragraph (1), as so designated, by inserting after the first sentence the following: ``Such procedures shall require the verification of a subscriber's selection of a provider in written or oral form (including a signature or voice recording) and shall require the retention of such verification in such manner and form and for such time as the Commission considers appropriate.''; and (C) by adding at the end the following: ``(2) Verification.-- ``(A) In general.--For purposes of paragraph (1), the verification of a subscriber's selection of a telephone exchange service or telephone toll service provider shall take the form of a written or oral communication (in the same language as the solicitation of the selection) in which the subscriber-- ``(i) acknowledges the type of service to be changed as a result of the selection; ``(ii) affirms the subscriber's intent to select the provider as the provider of that service; ``(iii) affirms that the subscriber is authorized to select the provider of that service for the telephone number in question; ``(iv) acknowledges that the selection of the provider will result in a change in providers of that service; ``(v) acknowledges that only one provider may provide that service for that telephone number; and ``(vi) provides such other information as the Commission considers appropriate for the protection of the subscriber. ``(B) Requirements for oral verifications.--An oral verification of a change in telephone service providers under this paragraph-- ``(i) may not be made in the same communication in which the change is solicited; ``(ii) may be made only to a qualified and independent agent (as determined in accordance with regulations prescribed by the Commission) of the provider concerned; and ``(iii) shall include a prompt and clear disclosure by the agent that the purpose of the telephone call is to verify that the subscriber has consented to the change. ``(C) Confirmation of change.--A provider submitting or executing a change in telephone service providers shall notify the subscriber concerned by mail of the change not later than 5 business days after the date on which the change is executed. The confirmation shall be provided in the language in which the change was solicited. ``(D) Availability of verifications.--A provider shall make available to a subscriber a copy of a verification under this paragraph upon the request of the subscriber or an authorized representative of the subscriber.''. (2) Regulations.--The Federal Communications Commission shall complete the adoption of the regulations required under section 258(a) of the Communications Act of 1934 by reason of the amendments made by paragraph (1) not later than 270 days after the date of enactment of this Act. (b) Additional Remedies.--Such section is further amended by adding at the end the following: ``(c) Private Right of Action.-- ``(1) Private right.--A person or entity may, if otherwise permitted by the laws or rules of court of a State, bring in an appropriate court of that State-- ``(A) an action based on a violation of subsection (a) or the regulations prescribed under such subsection to enjoin such violation; ``(B) an action to recover for actual monetary loss from such a violation or to receive $1,000 in damages for each such violation, whichever is greater; or ``(C) both such actions. ``(2) Treble damages.--If the court finds that the defendant willfully or knowingly violated subsection (a) or the regulations prescribed under such subsection, the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under paragraph (1)(B). ``(3) Costs of litigation.--The court, in issuing any final order in an action brought pursuant to this subsection may award costs of litigation (including reasonable attorney and expert witness fees) to the prevailing plaintiff whenever the court determines that such award is appropriate. ``(d) Actions by States.-- ``(1) Authority of states.-- ``(A) In general.--Whenever the attorney general of a State, or an official or agency designated by a State, has reason to believe that any person has engaged or is engaging in an activity or practice of activities with respect to residents of that State in violation of subsection (a) or the regulations prescribed under such subsection, the State may bring a civil action on behalf of its residents to enjoin such activities, an action to recover for the greater of actual monetary loss or $1,000 in damages for each violation, or both such actions. ``(B) Treble damages.--If the court finds the defendant willfully or knowingly violated such subsection or regulations, the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under the subparagraph (A). ``(2) Exclusive jurisdiction of federal courts.-- ``(A) In general.--The district courts of the United States, the United States courts of any territory, and the District Court of the United States for the District of Columbia shall have exclusive jurisdiction over all civil actions brought under this subsection. ``(B) Additional relief.--Upon proper application, such courts shall also have jurisdiction to issue writs of mandamus, or orders affording like relief, commanding the defendant to comply with the provisions of subsection (a) or regulations prescribed under such subsection, including the requirement that the defendant take such action as is necessary to remove the danger of such violation. Upon a proper showing, a permanent or temporary injunction or restraining order shall be granted without bond. ``(3) Rights of commission.-- ``(A) Notice.--The State shall serve prior written notice of any such civil action upon the Commission and provide the Commission with a copy of its complaint, except in any case where such prior notice is not feasible, in which case the State shall serve such notice immediately upon instituting such action. ``(B) Rights.--The Commission shall have the right-- ``(i) to intervene in any action covered by subparagraph (A); ``(ii) upon so intervening, to be heard on all matters arising therein; and ``(iii) to file petitions for appeal. ``(4) Venue; service of process.--Any civil action brought under this subsection in a district court of the United States may be brought in the district wherein the defendant or victim is found, wherein the defendant is an inhabitant or transacts business, or wherein the violation occurred or is occurring, and process in such cases may be served in any district in which the defendant is an inhabitant or where the defendant may be found. ``(5) Investigatory powers.--For purposes of bringing a civil action under this subsection, nothing in this subsection shall prevent the attorney general of a State, or an official or agency designated by a State, from exercising the powers conferred on the attorney general or such official by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. ``(6) Effect on state court proceedings.--Nothing in this subsection shall be construed to prohibit any official authorized by State law from proceeding in State court on the basis of an alleged violation of any civil or criminal statute of such State. ``(7) Limitation.--Whenever the Commission has instituted a civil action for violation of subsection (a) or the regulations prescribed under such subsection, no State may, during the pendency of such action instituted by the Commission, subsequently institute a civil action against any defendant named in the Commission's complaint for any violation as alleged in the Commission's complaint. ``(8) Definition.--In this subsection, the term `attorney general' means the chief legal officer of a State.''. SEC. 3. REPORT ON ELECTRONIC MEANS FOR VERIFYING SUBSCRIBER AUTHORIZATIONS OF SELECTIONS OF TELEPHONE SERVICE PROVIDERS. Not later than 180 days after the date of enactment of this Act, the Federal Communications Commission shall submit to Congress a report on the technological feasibility and practicability of permitting subscribers to authorize changes in telephone service providers by electronic means (including authorization by electronic mail or by use of personal identification numbers or other security mechanisms) without thereby increasing the likelihood of unauthorized changes in such providers.

Amends the Communications Act of 1934 to require a telecommunications carrier to verify a subscriber's selection of a telephone exchange or toll (long distance) service in written or oral form (including a voice recording), and to retain such verification in a manner and form considered appropriate by the Federal Communications Commission (FCC). Outlines verification requirements, including notification to the subscriber within five business days of an exchange or toll change. Allows a person or entity, if otherwise permitted under State law, to bring a private right of action in a State court based on a violation of subscriber selection and verification requirements, with authorized damages. Allows a State to bring a civil action in the appropriate U.S. district court on behalf of its residents. Requires the State to notify the FCC prior to any such action, and allows the FCC to intervene and file appropriate petitions for appeal. Directs the FCC to report to Congress on the technological feasibility and practicability of permitting subscribers to authorize changes in telephone service providers by electronic means without thereby increasing the likelihood of unauthorized provider changes.

A bill to amend section 258 of the Communications Act of 1934 to enhance the protections against unauthorized changes in subscriber selections of telephones service providers, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Unfair Practices in Credit Cards Act of 2007''. SEC. 2. STOP UNFAIR INTEREST RATES AND FEES. Section 163 of the Truth in Lending Act (15 U.S.C. 1666b) is amended-- (1) by striking the section title and all that follows through ``If an open'' and inserting the following: ``Sec. 163. Billing period and finance charges ``(a) Billing Period.-- ``(1) Fourteen-day minimum.--If an open''; (2) by striking ``(b) Subsection (a)'' and inserting the following: ``(2) Excusable cause.--Subsection (a)''; and (3) by adding at the end the following: ``(b) No Interest Charge on Debt That Is Paid on Time.--If an open end consumer credit plan provides a time period within which an obligor may repay any portion of the credit extended without incurring an interest charge, and the obligor repays all or a portion of such credit within the specified time period, the creditor may not impose or collect an interest charge on the portion of the credit that was repaid within the specified time period. ``(c) No Interest on Debt That Is Paid on Time and in Full.--In an open end consumer credit plan, if a billing statement requests an obligor to repay within a specified time period all of the credit extended under the plan and related finance charges, and the obligor pays all of the specified amount within the specified time period, the creditor may not impose or collect an additional interest charge on the amount that was paid in full and within the specified time period. ``(d) Limits on Interest Rate Increases.-- ``(1) In general.--With respect to a credit card account under an open end consumer credit plan, the creditor shall not increase the periodic rate of interest applicable to extensions of credit while such account remains open, unless-- ``(A) such increase is pursuant to the expiration of an introductory rate which was disclosed under section 127(c)(6); ``(B) such increase is pursuant to the application of a variable rate which was disclosed under section 127(c)(1)(A)(i)(II); ``(C) such increase is pursuant to the application of a penalty rate which was disclosed under subsections (a)(4) and (c)(1)(A)(i) of section 127; or ``(D) the obligor has provided specific written consent to such increase at the time such increase was proposed. ``(2) Limit on penalty interest rate.--If an obligor fails to repay an extension of credit in accordance with the terms of a credit card account under an open end consumer credit plan, and the creditor determines to apply a penalty rate, as described in paragraph (1)(C), notwithstanding paragraph (1)(D), such penalty rate may not, while such account is open, exceed 7 percentage points above the interest rate that was in effect with respect to such account on the date immediately preceding the first such penalty increase for such account. ``(e) Interest Rate Increases Limited to Future Credit Extensions.--With respect to a credit card account under an open end consumer credit plan, if the creditor increases the periodic interest rate applicable to an extension of credit under the account, such increased rate shall apply only to extensions of credit made on and after the date of such increase under the account, and any extension of credit under such account made before the date of such increase shall continue to incur interest at the rate that was in effect on the date prior to the date of the increase. ``(f) No Interest Charges on Fees.--With respect to a credit card account under an open end consumer credit plan, if the creditor imposes a transaction fee on the obligor, including a cash advance fee, late fee, over-the-limit fee, or balance transfer fee, the creditor may not impose or collect interest with respect to such fee amount. ``(g) Fixed Credit Limit.--With respect to each credit card account under an open end consumer credit plan, the creditor shall offer to the obligor the option of obtaining a fixed credit limit that cannot be exceeded, and with respect to which any request for credit in excess of such fixed limit must be refused, without exception and without imposing an over-the-limit fee or other penalty on such obligor. ``(h) Over-the-Limit Fee Restrictions.--With respect to a credit card account under an open end consumer credit plan, an over-the-limit fee, as described in section 127(c)(1)(B)(iii)-- ``(1) may be imposed on the account only when an extension of credit obtained by the obligor causes the credit limit on such account to be exceeded, and may not be imposed when such credit limit is exceeded due to a penalty fee, such as a late fee or over-the-limit fee, that was added to the account balance by the creditor; and ``(2) may be imposed only once during a billing cycle if, on the last day of such billing cycle, the credit limit on the account is exceeded, and no additional over-the-limit fee shall be imposed in a subsequent billing cycle with respect to such excess credit, unless the obligor has obtained an additional extension of credit in excess of such credit limit during such subsequent cycle. ``(i) Other Fees.-- ``(1) No fee to pay a billing statement.--With respect to a credit card account under an open end consumer credit plan, the creditor may not impose a separate fee to allow the obligor to repay an extension of credit or finance charge, whether such repayment is made by mail, electronic transfer, telephone authorization, or other means. ``(2) Reasonable currency exchange fee.--With respect to a credit card account under an open end consumer credit plan, the creditor may impose a fee for exchanging United States currency with foreign currency in an account transaction, only if-- ``(A) such fee reasonably reflects the actual costs incurred by the creditor to perform such currency exchange; ``(B) the creditor discloses publicly its method for calculating such fee; and ``(C) the primary Federal regulator of such creditor determines that the method for calculating such fee complies with this paragraph. ``(j) Annual Audit.--The primary Federal regulator of a card issuer shall audit, on at least an annual basis, the credit card operations and procedures used by such issuer to ensure compliance with this section and section 164, including by reviewing a sample of billing statements to determine when they were mailed and received, and by reviewing a sample of credit card accounts to determine when and how payments and finance charges were applied. Such regulator shall promptly require the card issuer to take any corrective action needed to comply with this section.''. SEC. 3. STOP UNFAIR APPLICATION OF CARD PAYMENTS. Section 164 of the Truth in Lending Act (15 U.S.C. 1666c) is amended-- (1) by striking the section heading and all that follows through ``Payments'' and inserting the following: ``Sec. 164. Prompt and fair crediting of payments ``(a) In General.--Payments''; and (2) by adding at the end the following: ``(b) Application of Payment.--Upon receipt of a payment from a cardholder, the card issuer shall-- ``(1) apply the payment first to the card balance bearing the highest rate of interest, and then to each successive balance bearing the next highest rate of interest, until the payment is exhausted; and ``(2) after complying with paragraph (1), apply the payment in the most effective way to minimize the imposition of any finance charge to the account. ``(c) Changes by Card Issuer.--If a card issuer makes a material change in the mailing address, office, or procedures for handling cardholder payments, and such change causes a material delay in the crediting of a cardholder payment made during the 60-day period following the date on which such change took effect, the card issuer may not impose any late fee or finance charge for a late payment on the credit card account to which such payment was credited.''. SEC. 4. STOP DECEPTIVE DISCLOSURE. Section 127(e) of the Truth in Lending Act (15 U.S.C. 1637(e)) is amended by adding at the end the following: ``(3) Interest rate linked to prime rate.--If a credit card solicitation, application, agreement, or plan specifies use of a variable interest rate established by reference to a `prime rate', `prime interest rate', or similar rate or index, the referenced rate shall be disclosed and defined as the bank prime loan rate posted by a majority of the top 25 (by assets in domestic offices) United States chartered commercial banks, as published by the Board of Governors of the Federal Reserve System. To avoid an unfair or deceptive act or practice, a card issuer may not use the term `prime rate' to refer to any other type of interest rate.''. SEC. 5. DEFINITIONS. Section 103 of the Truth in Lending Act (15 U.S.C. 1602) is amended by adding at the end the following: ``(cc) Primary Federal Regulator.-- ``(1) In general.--The term `primary Federal regulator', when used with respect to a card issuer that is a depository institution, has the same meaning as the term `appropriate Federal banking agency', under section 3 of the Federal Deposit Insurance Act. ``(2) Areas of responsibility.--For each card issuer within its regulatory jurisdiction, the primary Federal regulator shall be responsible for overseeing the credit card operations of the card issuer, ensuring compliance with the requirements of this title, and enforcing the prohibition against unfair or deceptive acts or practices.''. SEC. 6. STRENGTHEN CREDIT CARD INFORMATION COLLECTION. Section 136(b) of the Truth in Lending Act (15 U.S.C. 1646(b)) is amended-- (1) in paragraph (1)-- (A) by striking ``The Board shall'' and inserting the following: ``(A) In general.--The Board shall''; and (B) by adding at the end the following: ``(B) Information to be included.--The information under subparagraph (A) shall include, as of a date designated by the Board-- ``(i) a list of each type of transaction or event for which one or more of the card issuers has imposed a separate interest rate upon a cardholder, including purchases, cash advances, and balance transfers; ``(ii) for each type of transaction or event identified under clause (i)-- ``(I) each distinct interest rate charged by the card issuer to a cardholder, as of the designated date; and ``(II) the number of cardholders to whom each such interest rate was applied during the calendar month immediately preceding the designated date, and the total amount of interest charged to such cardholders at each such rate during such month; ``(iii) a list of each type of fee that one or more of the card issuers has imposed upon a cardholder as of the designated date, including any fee imposed for obtaining a cash advance, making a late payment, exceeding the credit limit on an account, making a balance transfer, or exchanging United States dollars for foreign currency; ``(iv) for each type of fee identified under clause (iii), the number of cardholders upon whom the fee was imposed during the calendar month immediately preceding the designated date, and the total amount of fees imposed upon cardholders during such month; ``(v) the total number of cardholders that incurred any interest charge or any fee during the calendar month immediately preceding the designated date; and ``(vi) any other information related to interest rates, fees, or other charges that the Board deems of interest.''; and (2) by adding at the end the following: ``(5) Report to the congress.--The Board shall, on an annual basis, transmit to the Congress and make public a report containing an assessment by the Board of the profitability of credit card operations of depository institutions. Such report shall include estimates by the Board of the approximate, relative percentage of income derived by such operations from-- ``(A) the imposition of interest rates on cardholders, including separate estimates for-- ``(i) interest with an annual percentage rate of less than 25 percent; and ``(ii) interest with an annual percentage rate equal to or greater than 25 percent; ``(B) the imposition of fees on cardholders; ``(C) the imposition of fees on merchants; and ``(D) any other material source of income, while specifying the nature of that income.''. SEC. 7. CONFORMING AMENDMENT. Section 8 of the Fair Credit and Charge Card Disclosure Act of 1988 (15 U.S.C. 1637 note) is repealed. SEC. 8. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect 180 days after the date of the enactment of this Act.

Stop Unfair Practices in Credit Cards Act of 2007 - Amends the Truth in Lending Act regarding open-end consumer credit plans. Prohibits imposition of an interest charge upon debt paid on time and in full. Sets restrictions upon interest rate increases. Limits penalty rate increases to: (1) seven percentage points above the current interest rate; and (2) future credit extensions only. Prohibits interest charges on fees. Specifies restrictions upon over-the-limit fees. Requires the primary federal regulator of a card issuer to conduct annual audits of the credit card operations and procedures used by the issuer. Requires the card issuer to: (1) apply payment first to the card balance bearing the highest rate of interest, and then to each successive balance bearing the next highest rate of interest, until the payment is exhausted; and (2) apply the payment in the most effective way to minimize the imposition of any finance charge. Requires a card issuer to define and display the term "prime rate" or similar rate or index as the bank prime loan rate posted by a majority of the top 25 U.S. chartered commercial banks, as published by the Board of Governors of the Federal Reserve System (Board). Revises requirements governing credit card information collected by the Board. Directs the Board to report annually to Congress its assessment of the profitability of credit card operations of depository institutions.

To prevent unfair practices in credit card accounts, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Independent Agency Regulatory Analysis Act of 2012''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``Administrator'' means the Administrator of the Office of Information and Regulatory Affairs; (2) the term ``agency'' has the same meaning as in section 3502(1) of title 44, United States Code; (3) the term ``independent regulatory agency'' has the same meaning as in section 3502(5) of title 44, United States Code; (4) the term ``rule''-- (A) means a rule, as that term is defined in section 551 of title 5, United States Code; and (B) does not include a rule of the Board of Governors of the Federal Reserve System or the Federal Open Market Committee relating to monetary policy; and (5) the term ``significant rule'' means any rule that the Administrator determines is likely to-- (A) have an annual effect on the economy of $100,000,000 or more; (B) adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities; or (C) create a serious inconsistency or otherwise interfere with an action taken or planned by another agency. SEC. 3. REGULATORY ANALYSIS BY INDEPENDENT AGENCIES. (a) In General.--The President may by Executive order require an independent regulatory agency to comply, to the extent permitted by law, with regulatory analysis requirements applicable to other agencies, including the requirements to-- (1) identify the problem that the agency intends to address by a new rule (including, where applicable, the failures of private markets or public institutions that warrant new agency action) and assess the significance of that problem; (2) examine whether any existing rule (or other law) has created, or contributed to, the problem that a new rule is intended to correct and whether the existing rule (or other law) should be modified to achieve the intended goal of the new rule more effectively; (3) identify and assess available alternatives to direct regulation, including providing economic incentives to encourage the desired behavior, or providing information upon which choices can be made by the public; (4) consider, in setting regulatory priorities and to the extent reasonable, the degree and nature of the risks posed by various substances or activities within its jurisdiction; (5) design its rules in the most cost-effective manner to achieve the regulatory objective and, in doing so, consider incentives for innovation, consistency, predictability, the costs of enforcement and compliance (to the Federal Government, regulated entities, and the public), flexibility, distributive impacts, and equity; (6) assess the costs and the benefits of the intended rule and, recognizing some costs and benefits are difficult to quantify, propose or adopt a rule only upon a reasoned determination that the benefits of the rule justify its costs; (7) base its rulemaking decisions on the best reasonably obtainable scientific, technical, economic, and other information concerning the need for, and consequences of, the intended rule; (8) identify and assess alternative forms of regulation and, to the extent feasible, specify performance objectives, rather than specifying the behavior or manner of compliance that regulated entities must adopt; (9) seek the views of appropriate State, local, and tribal officials before imposing regulatory requirements that might significantly or uniquely affect State, local, or tribal governmental entities, whenever feasible; (10) avoid rules that are inconsistent or incompatible with, or duplicative of, other rules of the independent regulatory agency or other agencies; (11) tailor rules to impose the least burden on society, including individuals, businesses of differing sizes, and other entities (including small communities and governmental entities), consistent with achieving the regulatory objectives, and taking into account, among other factors, and to the extent practicable, the cost of cumulative rules; (12) draft each rule to be simple and easy to understand, with the goal of minimizing the potential for uncertainty and litigation arising from uncertainty; and (13) periodically review its existing significant rules to determine whether any such rules should be modified, streamlined, expanded, or repealed so as to make the agency's regulatory program more effective or less burdensome in achieving the regulatory objectives. (b) Economically Significant Rules.--For any proposed or final rule identified by an independent regulatory agency as, or determined by the Administrator to be, a significant rule described in subparagraph (A) or (B) of section 2(5), the President may by Executive order require the independent regulatory agency to provide to the Administrator the following information, to the extent permitted by law: (1) An assessment, including the underlying analysis, of benefits anticipated from the rule together with, to the extent feasible, a quantification of those benefits. (2) An assessment, including the underlying analysis, of costs anticipated from the rule together with, to the extent feasible, a quantification of those costs. (3) An assessment, including the underlying analysis, of costs and benefits of potentially effective and reasonably feasible alternatives to the rule, identified by the agencies or the public, including improving existing regulations and reasonable nonregulatory actions, and an explanation why the planned regulatory action is preferable to the identified potential alternatives. (c) Review by Office of Information and Regulatory Affairs.-- (1) Requirement to seek review.--The President may, by Executive order, require an independent regulatory agency to submit to the Administrator for review-- (A) any proposed significant rule, prior to publication of the notice of proposed rulemaking; and (B) any final significant rule, prior to publication of the final rule. (2) Nonbinding assessment.--An Executive order issued under this Act may require that, not later than 90 days after the independent regulatory agency submits a proposed or final significant rule for review, the Administrator submit for inclusion in the rulemaking record the Administrator's assessment of the extent to which the agency has complied with the regulatory analysis requirements made applicable by Executive order. (3) Determination and explanation by independent agency.-- An Executive order issued under this Act may require that, if the Administrator concludes under paragraph (2) that the independent regulatory agency did not comply with one or more requirements of the Executive order with respect to a proposed or final significant rule, the head of the agency that issued the significant rule shall include with the proposed and final significant rule-- (A) a determination that the rule complies with the requirements and an explanation of that determination; (B) if applicable, an explanation why the independent regulatory agency did not comply with one or more of the requirements, based on the statutory provision authorizing the rule; and (C) a clear statement of the issues on which the agency agrees or disagrees with the Administrator's assessment of the rule. SEC. 4. LIMITATION ON JUDICIAL REVIEW. (a) In General.--The compliance or noncompliance of an independent regulatory agency with the requirements of an Executive order issued under this Act shall not be subject to judicial review. (b) Agency Record.--When an action for judicial review of a rule promulgated by an independent regulatory agency is instituted, any determination, analysis, or explanation produced by the agency, and any assessment produced by the Administrator, pursuant to an Executive order issued under this Act, shall constitute part of the whole record of agency action in connection with the review. (c) Rule of Construction.--Nothing in this section shall be construed to bar judicial review of any other impact statement or similar analysis required by any other provision of law if judicial review of such statement or analysis is otherwise permitted by law. SEC. 5. RULE OF CONSTRUCTION. Nothing in this Act shall be construed to limit the authority of the President with respect to independent regulatory agencies under any other applicable law.

Independent Agency Regulatory Analysis Act of 2012 - Authorizes the President to require an independent regulatory agency to: (1) comply, to the extent permitted by law, with regulatory analysis requirements applicable to other federal agencies; (2) provide the Administrator of the Office of Information and Regulatory Affairs with an assessment of the costs and benefits of a proposed or final significant rule (i.e., a rule that is likely to have an annual effect on the economy of $100 million or more and is likely to adversely affect sectors of the economy in a material way) and an assessment of costs and benefits of alternatives to the rule; and (3) submit to the Administrator for review any proposed or final significant rule. Prohibits judicial review of the compliance or noncompliance of an independent regulatory agency with the requirements of this Act.

A bill to affirm the authority of the President to require independent regulatory agencies to comply with regulatory analysis requirements applicable to executive agencies, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Low-Dose Radiation Research Act of 2018''. SEC. 2. LOW-DOSE RADIATION RESEARCH PROGRAM. (a) In General.--Subtitle G of title IX of the Energy Policy Act of 2005 (42 U.S.C. 16311 et seq.) is amended by inserting after section 977 the following new section: ``SEC. 977A. LOW-DOSE RADIATION RESEARCH PROGRAM. ``(a) In General.--The Secretary shall carry out a basic research program on low-dose radiation to-- ``(1) enhance the scientific understanding of, and reduce uncertainties associated with, the effects of exposure to low- dose radiation; and ``(2) inform improved risk-assessment and risk-management methods with respect to such radiation. ``(b) Program Components.--In carrying out the program required under subsection (a), the Secretary shall-- ``(1) formulate scientific goals for low-dose radiation basic research in the United States; ``(2) identify ongoing scientific challenges for understanding the long-term effects of ionizing radiation on biological systems; ``(3) develop a long-term strategic and prioritized basic research agenda to address such scientific challenges in coordination with other research efforts; ``(4) identify and, to the extent possible, quantify, potential monetary and health-related benefits to Federal agencies, the general public, industry, research communities, and other users of information produced by such research program; ``(5) leverage the collective body of knowledge from existing low-dose radiation research; and ``(6) engage with other Federal agencies, research communities, and potential users of information produced under this section, including institutions concerning radiation research, medical physics, radiology, health physics, and emergency response. ``(c) Coordination.--In carrying out the program, the Secretary, in coordination with the Physical Science Subcommittee of the National Science and Technology Council, shall-- ``(1) support the directives under section 106 of the American Innovation and Competitiveness Act (42 U.S.C. 6601 note); ``(2) ensure that the Office of Science of the Department of Energy consults with the National Aeronautics and Space Administration, the National Institutes of Health, the Environmental Protection Agency, the Department of Defense, the Nuclear Regulatory Commission, and the Department of Homeland Security; ``(3) advise and assist the National Science and Technology Council on policies and initiatives in radiation biology, including enhancing scientific knowledge of the effects of low- dose radiation on biological systems to improve radiation risk- assessment and risk-management methods; and ``(4) identify opportunities to stimulate international cooperation relating to low-dose radiation and leverage research and knowledge from sources outside of the United States. ``(d) Research Plan.--Not later than 180 days after the date of enactment of this Act, the Secretary shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a 4-year research plan that identifies and prioritizes basic research needs relating to low-dose radiation. In developing such plan, the Secretary shall incorporate the components described in subsection (b). ``(e) Definition of Low-Dose Radiation.--In this section, the term `low-dose radiation' means a radiation dose of less than 100 millisieverts. ``(f) Rule of Construction.--Nothing in this section shall be construed to subject any research carried out by the Secretary for the program under this section to any limitations described in 977(e) of the Energy Policy Act of 2005 (42 U.S.C. 16317(e)). ``(g) Funding.--For purposes of carrying out this section, the Secretary is authorized to make available from funds provided to the Biological and Environmental Research Program-- ``(1) $20,000,000 for fiscal year 2018; ``(2) $20,000,000 for fiscal year 2019; ``(3) $30,000,000 for fiscal year 2020; and ``(4) $30,000,000 for fiscal year 2021.''. (b) Conforming Amendment.--The table of contents for subtitle G of title IX of the Energy Policy Act of 2005 is amended by inserting after the item relating to section 977 the following: ``977A. Low-dose radiation research program.''. SEC. 3. SPENDING LIMITATION. No additional funds are authorized to be appropriated to carry out this Act and the amendments made by this Act, and this Act and such amendments shall be carried out using amounts otherwise available for such purpose. Passed the House of Representatives February 13, 2018. Attest: KAREN L. HAAS, Clerk.

Low-Dose Radiation Research Act of 2018 (Sec. 2) This bill requires the Department of Energy to carry out a research program on low-dose radiation to enhance the scientific understanding of the effects of exposure and to improve risk-assessment and risk-management methods. "Low-dose radiation" is defined as a dose less than 100 millisieverts. (The Nuclear Regulatory Commission limits an adult's annual occupational radiation dose to 50 millisieverts.)

Low-Dose Radiation Research Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Shark Conservation Act of 2000''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The life history characteristics of most sharks, including slow growth, late sexual maturity, and the production of few young, make them particularly vulnerable to overfishing and necessitate careful management of shark fisheries. (2) Many shark species that range widely would be appropriate for domestic and international management approaches that govern other highly migratory species. (3) Most sharks are captured incidentally in fisheries directed at other species for which fishing could continue to remain economically viable after less abundant or less economically-valuable shark species are overfished. (4) The lack of adequate data and information on the status and range of highly migratory shark populations, shark harvesting practices, the extent of incidental catch or bycatch of sharks, and the trade in shark products (including shark fins) undermines effective international and national management of shark populations. (5) Shark-finning is the practice of removing the fins of a shark and dumping its carcass back into the ocean. Shark fins comprise approximately 5 percent of the weight of a shark, and disposing of the carcass of a finned shark does not utilize, or wastes, about 95 percent (by weight) of each shark. (6) The global shark fin trade involves at least 125 countries, including the United States, and the demand for shark fins and other shark products has driven dramatic increases in shark fishing and shark mortality around the world. (7) The Magnuson-Stevens Fishery Conservation and Management Act states that it is the policy of the Congress to avoid unnecessary waste of fish and requires United States fishery conservation and management measures to minimize bycatch and, to the extent it is unavoidable, minimize the mortality of such bycatch. (8) The Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December, 1982, Relating to the Conservation and Management of Straddling Stocks and Highly Migratory Species requires states to, inter alia, adopt measures to ensure long-term sustainability of highly migratory fish stocks based on the best scientific information available, to apply the precautionary approach, and to minimize waste, discards, and catch of non-target species. (9) The Food and Agriculture Organization Code of Conduct for Responsible Fisheries provides that countries should adopt management measures that minimize waste, discards, and catch of non-target species. (10) The Food and Agriculture Organization's International Plan of Action for the Conservation and Management of Sharks-- (A) urges States to develop shark conservation plans that-- (i) minimize waste and discards from shark catches (for example, requiring retention of sharks from which fins are removed); and (ii) ensure that shark catches from directed and non-directed fisheries are sustainable; and (B) calls for submission of such plans by the year 2001. (11) At present, while some sharks potentially may be managed internationally under arrangements for highly migratory species, they are not now subject to specific conservation and management measures by international or regional organization or arrangements. (12) The conservation program for sharks for the United States exclusive economic zone varies among management regions, particularly with respect to the practice of shark finning, and should include quotas and a ban on shark-finning. (13) The establishment of a prohibition on the practice of shark-finning by United States flag vessels and in waters subject to the jurisdiction of the United States would not reduce shark-finning being carried out by other international fishing fleets or United States transshipment or landing of fins taken by these fleets, or imports of processed fins. Foreign fleets transship or land approximately 180 metric tons of shark fins annually (about 7 percent of shark fins harvested in the Pacific) through United States vessels or ports in the Pacific, alone. (14) Shark-finning and trade in fins harvested in this manner must be addressed comprehensively at both the national and international levels. Shark finning must be prohibited in the United States, and, as a global leader in fisheries conservation and shark management, the United States should lead efforts at the United Nations and through regional agreements, such as the International Convention for the Conservation of Atlantic Tunas and the Multilateral High Level Conference on the Conservation and Management of Highly Migratory Species and new shark-specific regional management bodies or agreements, to achieve coordinated international management of sharks, including an international ban on shark- finning on the high seas and in the exclusive economic zones of all nations. SEC. 3. PROHIBITION ON SHARK-FINNING AND THE LANDING OF SHARK FINS TAKEN BY SHARK-FINNING. (a) In General.--Section 307 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1857) is amended-- (1) by inserting ``(a) In General.--'' before ``It is unlawful--''; (2) by striking ``or'' after the semicolon in subparagraph (N); (3) by striking the period in subparagraph (O) and inserting a semicolon and ``or''; and (4) by adding at the end the following: ``(P) to engage in shark-finning, or to land the fins of a shark that were taken by shark-finning. There is a rebuttable presumption that shark fins landed from a fishing vessel or found on board a fishing vessel were taken by shark-finning.''. (b) Definition Added to Act.--Section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802) is amended-- (1) by redesignating paragraphs (35) through (45), and any reference to any such paragraph elsewhere in that Act, as paragraphs (36) through (46); and (2) by inserting after paragraph (34) the following: ``(35) The term `shark-finning' means the taking of a shark, removing the fin or fins (whether or not including the tail) of a shark, and returning the remainder of the shark to the sea.''. SEC. 4. REGULATIONS. No later than 90 days after the date of enactment of this Act, the Secretary of Commerce shall promulgate regulations implementing the prohibition set forth in section 307(1)(P) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1857(1)(P)) that-- (1) establish shark fin landing requirements that consider species identification needs, shark processing methods, and the nature and availability of markets for shark products in the region in which the shark fins are landed; (2) contain procedures governing release of sharks caught but not retained by a fishing vessel that will ensure maximum probability of survival of sharks after release; (3) contain documentation and other requirements necessary to assure the timely and adequate collection of data to support shark stock assessments, conservation, and enforcement efforts; and (4) set forth the facts and circumstances under which a person may rebut the presumption established in section 307(1)(P) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1857(b), including the use of documentation provided through applicable fisheries observer programs and dockside inspection. SEC. 5. INTERNATIONAL NEGOTIATIONS. The Secretary of Commerce, acting through the Secretary of State, shall-- (1) notify other nations whose vessels engage in fishing on sharks, as soon as possible, about the import certification procedures and regulations under section 6 of this Act, as well as the international cooperation and assistance provisions of section 10; (2) initiate discussions as soon as possible for purpose of developing bilateral or multilateral agreements with other nations for the prohibition on finning of sharks; (3) initiate discussions as soon as possible with all foreign governments which are engaged in, or which have persons or companies engaged in shark-finning or in commercial fishing operations that the Secretary of Commerce determines may affect adversely such species of sharks, for the purpose of entering into bilateral and multilateral treaties with such countries to protect such species; (4) seek agreements calling for an international ban on shark-finning and other fishing practices adversely affecting these species through the United Nations, the Food and Agriculture Organization's Committee on Fisheries, and appropriate regional fishery management bodies; and (5) initiate the amendment of any existing international treaty for the protection and conservation of species of sharks to which the United States is a party in order to make such treaty consistent with the purposes and policies of this section. SEC. 6. REPORT TO CONGRESS. The Secretary of Commerce, in consultation with the Secretary of State, shall provide to Congress, by not later than 1 year after the date of enactment of this Act, and every year thereafter, a full report which-- (1) includes a list of nations whose vessels conduct shark-finning or commercial fishing operations which adversely affect shark species; (2) describes the efforts taken by nations to carry out this title, listed under subsection (1), and evaluates the progress of those efforts; (3) includes a determination as to whether the importation into the United States of sharks or shark products (including fins) is adversely affecting the effectiveness of national and international measures for the conservation of sharks; (4) sets forth a plan of action for ensuring the conclusion and entry into force of international measures for the conservation of sharks; and (5) includes recommendations for measures to ensure that United States actions are consistent with national, international, and regional obligations relating to highly migratory shark populations, including those listed under the Convention on International Trade in Endangered Species of Wild Flora and Fauna. SEC. 7. IMPORT CERTIFICATION. (a) In General.--The Secretary of Commerce shall establish a procedure, consistent with the provisions of subchapter II of chapter 5 of title 5, United States Code, and including notice and an opportunity for comment by the governments of nations listed by the Secretary under paragraph (1) of section 6, for determining whether governments-- (1) have adopted regulatory programs governing shark- finning and other harvesting practices adversely affecting sharks that are comparable, taking into account different conditions, to those of the United States; (2) have established management plans governing release of species of sharks caught but not retained by fishing vessels that ensure maximum probability of survival after release; and (3) have established a management plan containing requirements that will assist in gathering species-specific data to support international and regional shark stock assessments and conservation enforcement efforts. (b) Certification Procedure.-- (1) In general.--The Secretary shall determine, on the basis of the procedure under subsection (a), and certify to the Congress not later than 90 days after promulgation of the regulations under section 4, and annually thereafter whether the government of each harvesting nation-- (A) has provided documentary evidence of the adoption of a regulatory program governing shark- finning and the conservation of sharks that is comparable, taking into account different conditions, to that of the United States; (B) has established a management plan governing release of species of sharks caught but not retained by a fishing vessel that will ensure maximum probability of survival of after release; and (C) has established a management plan containing requirements that will assist in gathering species- specific data to support international and regional shark stock assessments and conservation enforcement efforts. (2) Alternative Procedure.--The Secretary shall establish a procedure for certification, on a shipment-by-shipment, shipper-by-shipper, or other basis of imports of sharks or products (including fins) from a vessel of a harvesting nation not certified under paragraph (1) if the Secretary determines that such imports were harvested by practices that-- (A) do not adversely affect sharks; (B) include release of species of sharks caught but not retained by such vessel in a manner that ensures maximum probability of survival after release; (C) include the gathering of species-specific data that can be used to support international and regional shark stock assessments and conservation efforts; or (D) are consistent with harvesting practices comparable, taking into account the circumstances, to those of the United States. (c) Uncertified Imports.--It is unlawful to import sharks or products (including fins) more than 90 days after promulgation of the regulations under section 4 if such sharks or products were harvested by a vessel of a harvesting nation not certified under subsection (b)(1) unless that vessel is certified under subsection (b)(2). (d) Reinstatement of Uncertified Country Status.--If the Secretary fails to make the annual certification required by subsection (b)(1) with respect to a country previously certified under that subsection, and except as provided in subsection (b)(2), then subsection (c) shall apply to imports of sharks or products (including fins) harvested by vessels of that nation beginning 90 days after the date in any year on which the Secretary fails to make the scheduled annual certification required by subsection (b). SEC. 8. SHARK-FINNING DEFINED. For the purposes of this Act, the term ``shark-finning'' means the taking of a shark, removing the fin or fins (whether or not including the tail), and returning the remainder of the shark to the sea. SEC. 9. RESEARCH. The Secretary of Commerce shall establish a research program for Pacific and Atlantic sharks to engage in the following data collection and research: (1) The collection of data to support stock assessments of highly-migratory shark populations subject to incidental or directed harvesting by commercial vessels, giving priority to species according to vulnerability of the species to fishing gear and fishing mortality, and its population status. (2) Research to identify fishing gear and practices that prevent or minimize incidental catch of sharks in commercial and recreational fishing. (3) Research on fishing methods that will ensure maximum likelihood of survival of captured sharks after release. (4) Research on methods for releasing sharks from fishing gear that minimize risk of injury to fishing vessel operators and crews. (5) Research on methods to maximize the utilization of, and funding to develop the market for, sharks not taken in violation of a fishing management plan approved under section 303 or of section 307(1)(P) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1853, 1857(1)(P)); and (6) Research on the international shark fin trade. SEC. 10. WESTERN PACIFIC LONGLINE FISHERIES COOPERATIVE RESEARCH PROGRAM. The National Marine Fisheries Service, in consultation with the Western Pacific Fisheries Management Council, shall initiate a cooperative research program with the commercial longlining industry to carry out activities consistent with this Act, including research described in section 8 of this Act. The service may initiate such shark cooperative research programs upon the request of any other fishery management council. SEC. 11. INTERNATIONAL COOPERATION AND ASSISTANCE. To the greatest extent possible consistent with existing authority and the availability of funds, the Secretary of Commerce shall-- (1) provide appropriate technological and other assistance to nations listed under paragraph (6) of section 5 and regional or international organizations of which those nations are members to assist those nations in qualifying for certification under section 6(b)(1); (2) undertake, where appropriate, cooperative research activities on species statistics and improved harvesting techniques, with those nations or organizations; (3) encourage and facilitate the transfer of appropriate technology to those nations or organizations to assist those nations in qualifying for certification under section 6(b)(1); and (4) provide assistance to those nations or organizations in designing and implementing appropriate shark harvesting plans. SEC. 12. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary of Commerce for fiscal years 2001 through 2005 such sums as are necessary to carry out this Act. D23/

Sets forth provisions concerning; (1) the promulgation of regulations; (2) international negotiations; (3) reporting requirements; (4) import certification procedures; (5) research; (6) a cooperative research program with the commercial longline industry; and (7) international cooperation and assistance. Authorizes appropriations.

Shark Conservation Act of 2000

SECTION 1. GREATER ENERGY EFFICIENCY IN BUILDING CODES. (a) In General.--Section 304 of the Energy Conservation and Production Act (42 U.S.C. 6833) is amended to read as follows: ``SEC. 304. UPDATING STATE BUILDING ENERGY EFFICIENCY CODES. ``(a) Updating National Model Building Energy Codes.--(1) The Secretary shall support updating the national model building energy codes and standards at least every 3 years to achieve overall energy savings, compared to the 2006 IECC for residential buildings and ASHRAE Standard 90.1-2007 for commercial buildings, of at least-- ``(A) 30 percent in editions of each model code or standard released in or after 2010; and ``(B) 50 percent in editions of each model code or standard released in or after 2020. Targets for specific years shall be set by the Secretary at least 3 years in advance of each target year, coordinated with the IECC and ASHRAE Standard 90.1 cycles, at the maximum level of energy efficiency that is technologically feasible and life-cycle cost effective. ``(2)(A) Whenever the provisions of the IECC or ASHRAE Standard 90.1 regarding building energy use are revised, the Secretary shall make a preliminary determination not later than 90 days after the date of the revision, and a final determination not later than 12 months after the date of such revision, on-- ``(i) whether such revision will improve energy efficiency in buildings; and ``(ii) whether such revision will meet the targets under paragraph (1). ``(B) If the Secretary makes a determination under subparagraph (A)(ii) that a code or standard does not meet the targets under paragraph (1), or if a national model code or standard is not updated for more than 3 years, then the Secretary shall, within 12 months after such determination, establish a modified code or standard that meets such targets. Any such modified code or standard-- ``(i) shall achieve the maximum level of energy savings that is technologically feasible and life-cycle cost-effective; ``(ii) shall be based on the latest revision of the IECC or ASHRAE Standard 90.1, including any amendments or additions thereto, but may also consider other model codes or standards; and ``(iii) shall serve as the baseline for the next determination under subparagraph (A)(i). ``(C) The Secretary shall provide the opportunity for public comment on targets, determinations, and modified codes and standards under this subsection, and shall publish notice of targets, determinations, and modified codes and standards under this subsection in the Federal Register. ``(b) State Certification of Building Energy Code Updates.--(1) Not later than 2 years after the date of enactment of this subsection, each State shall certify to the Secretary that it has reviewed and updated the provisions of its residential and commercial building codes regarding energy efficiency. Such certification shall include a demonstration that such State's code provisions meet or exceed the 2006 IECC for residential buildings and the ASHRAE Standard 90.1-2007 for commercial buildings, or achieve equivalent or greater energy savings. ``(2)(A) If the Secretary makes an affirmative determination under subsection (a)(2)(A)(i) or establishes a modified code or standard under subsection (a)(2)(B), each State shall, within 2 years after such determination or establishment, certify that it has reviewed and updated the provisions of its building code regarding energy efficiency. Such certification shall include a demonstration that such State's code provisions meet or exceed the revised code or standard, or achieve equivalent or greater energy savings. ``(B) If the Secretary fails to make a determination under subsection (a)(2)(A)(i) by the date specified in subsection (a)(2), or makes a negative determination, each State shall within 2 years after the specified date or the date of the determination, certify that it has reviewed the revised code or standard, and updated the provisions of its building code regarding energy efficiency to meet or exceed any provisions found to improve energy efficiency in buildings, or to achieve equivalent or greater energy savings in other ways. ``(c) State Certification of Compliance With Building Codes.--(1) Each State shall, not later than 3 years after a certification under subsection (b), certify that it has-- ``(A) achieved compliance under paragraph (3) with the certified State building energy code or with the associated model code or standard; or ``(B) made significant progress under paragraph (4) toward achieving compliance with the certified State building energy code or with the associated model code or standard. If the State certifies progress toward achieving compliance, the State shall repeat the certification each year until it certifies that it has achieved compliance. ``(2) A certification under paragraph (1) shall include documentation of the rate of compliance based on independent inspections of a random sample of the new and renovated buildings covered by the code in the preceding year, or based on an alternative method that yields an accurate measure of compliance. ``(3)(A) A State shall be considered to achieve compliance under paragraph (1) if-- ``(i) at least 90 percent of new and renovated building space covered by the code in the preceding year substantially meets all the requirements of the code regarding energy efficiency, or achieves an equivalent energy savings level; or ``(ii) the estimated excess energy use of new and renovated buildings that did not meet the code in the preceding year, compared to a baseline of comparable buildings that meet the code, is not more than 5 percent of the estimated energy use of all new and renovated buildings covered by the code in the preceding year. ``(B) Only renovations with building permits are covered under this paragraph. If the Secretary determines the percentage targets under subparagraph (A) are not reasonably achievable for renovated residential or commercial buildings, the Secretary may reduce the targets for such renovated buildings to the highest achievable level. ``(4)(A) A State shall be considered to have made significant progress toward achieving compliance for purposes of paragraph (1) if the State-- ``(i) has developed and is implementing a plan for achieving compliance within 8 years, assuming continued adequate funding, including active training and enforcement programs; ``(ii) after 1 or more years of adequate funding, has demonstrated progress, in conformance with the plan described in clause (i), toward compliance; ``(iii) after 5 or more years of adequate funding, meets the requirement in paragraph (3) substituting 80 percent for 90 percent or substituting 10 percent for 5 percent; and ``(iv) has not had more than 8 years of adequate funding. ``(B) Funding shall be considered adequate, for purposes of this paragraph, when the Federal Government provides to the States at least $50,000,000 in a year in funding and support for development and implementation of State building energy codes, including for training and enforcement. ``(d) Failure To Meet Deadlines.--(1) A State that has not made a certification required under subsection (b) or (c) by the applicable deadline shall submit to the Secretary a report on-- ``(A) the status of the State with respect to meeting the requirements and submitting the certification; and ``(B) a plan for meeting the requirements and submitting the certification. ``(2) Any State for which the Secretary has not accepted a certification by a deadline under subsection (b) or (c) of this section is out of compliance with this section. ``(3) In any State that is out of compliance with this section, a local government may be in compliance with this section by meeting the certification requirements under subsections (b) and (c) of this section. ``(4) The Secretary shall annually submit to Congress, and publish in the Federal Register, a report on the status of national model building energy codes and standards, the status of code adoption and compliance in the States, and implementation of this section. The report shall include estimates of impacts of past action under this section and potential impacts of further action on lifetime energy use by buildings and resulting energy costs to individuals and businesses. ``(e) Technical Assistance.--(1) The Secretary shall on a timely basis provide technical assistance to model code-setting and standard development organizations. This assistance shall include technical assistance as requested by the organizations in evaluating code or standards proposals or revisions, building energy analysis and design tools, building demonstrations, and design assistance and training. The Secretary shall submit code and standard amendment proposals, with supporting evidence, sufficient to enable the national model building energy codes and standards to meet the targets in subsection (a)(1). ``(2) The Secretary shall provide technical assistance to States to implement the requirements of this section, including procedures for States to demonstrate that their code provisions achieve equivalent or greater energy savings than the national model codes and standards, and to improve and implement State residential and commercial building energy efficiency codes or to otherwise promote the design and construction of energy efficient buildings. ``(f) Availability of Incentive Funding.--(1) The Secretary shall provide incentive funding to States to implement the requirements of this section, and to improve and implement State residential and commercial building energy efficiency codes, including increasing and verifying compliance with such codes. In determining whether, and in what amount, to provide incentive funding under this subsection, the Secretary shall consider the actions proposed by the State to implement the requirements of this section, to improve and implement residential and commercial building energy efficiency codes, and to promote building energy efficiency through the use of such codes. ``(2) Additional funding shall be provided under this subsection for implementation of a plan to achieve and document at least a 90 percent rate of compliance with residential and commercial building energy efficiency codes, based on energy performance-- ``(A) to a State that has adopted and is implementing, on a Statewide basis-- ``(i) a residential building energy efficiency code that meets or exceeds the requirements of the 2006 IECC, or any succeeding version of that code that has received an affirmative determination from the Secretary under subsection (a)(2)(A)(i); and ``(ii) a commercial building energy efficiency code that meets or exceeds the requirements of the ASHRAE Standard 90.1-2007, or any succeeding version of that standard that has received an affirmative determination from the Secretary under subsection (a)(2)(A)(i); or ``(B) in a State in which there is no Statewide energy code for either residential buildings or commercial buildings, or where State codes fail to comply with subparagraph (A), to a local government that has adopted and is implementing residential and commercial building energy efficiency codes, as described in subparagraph (A). ``(3) Of the amounts made available under this subsection, the Secretary may use amounts required, not exceeding $500,000 for each State, to train State and local officials to implement codes described in paragraph (2). ``(4) There are authorized to be appropriated to carry out this subsection-- ``(A) $70,000,000 for each of fiscal years 2009 through 2013; and ``(B) such sums as are necessary for fiscal year 2014 and each fiscal year thereafter.''. (b) Definition.--Section 303 of the Energy Conservation and Production Act (42 U.S.C. 6832) is amended by adding at the end the following new paragraph: ``(17) The term `IECC' means the International Energy Conservation Code.''.

Amends the Energy Conservation and Production Act to revise provisions that require states to update their building energy efficient codes. Modifies the duties of the Secretary of Energy under such Act relating to: (1) updating the national model building energy codes and standards for residential and commercial buildings; (2) reporting requirements; (3) providing technical assistance to model code-setting and standard development organizations; and (4) incentive funding to states for implementing updates of building energy efficiency codes. Requires states to certify to the Secretary that they have reviewed and updated the provisions of their residential and commercial building energy efficiency codes and to certify compliance with such codes. Imposes additional requirements on states that fail to meet compliance deadlines.

To encourage greater energy efficiency in building codes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care for Working Families Act of 2005''. SEC. 2. FINDINGS. Congress finds that-- (1) every industrialized country in the world except the United States guarantees the fundamental right to health care to all its citizens; (2) 45,000,000 Americans are without health insurance coverage; (3) the number of uninsured Americans is growing every year; (4) the vast majority of uninsured Americans are workers or dependents of workers; (5) for more than half a century, Congress has enacted laws to ensure that work is appropriately rewarded, including laws establishing a minimum wage and a 40 hour work week, laws ensuring safe and healthy working conditions, and laws requiring employers to contribute to the cost of retirement security through Social Security and medicare; and (6) it is time to enact requirements guaranteeing that jobs carry with them affordable, adequate health insurance benefits. SEC. 3. HEALTH BENEFITS FOR EMPLOYEES AND THEIR FAMILIES. (a) In General.--The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) is amended by adding at the end thereof the following new title: ``TITLE II--HEALTH BENEFITS FOR EMPLOYEES AND THEIR FAMILIES ``SEC. 201. HEALTH BENEFITS. ``(a) Offer to Enroll.-- ``(1) In general.--Each large employer, in accordance with this title, shall offer to each of its employees the opportunity to enroll in a qualifying health benefit plan that provides coverage for the employee and the family of the employee. ``(2) Qualifying health benefit plan.--For purposes of this title, the term `qualifying health benefit plan' means a plan that provides benefits for health care items and services that are actuarily equivalent or greater in value than the benefits offered as of January 1, 2006, under the Blue Cross/Blue Shield Standard Plan provided under the Federal Employees Health Benefit Program under chapter 89 of title 5, United States Code, and that meets the requirements of title XXVII of the Public Health Service Act applicable to the plan. ``(b) Contribution and Withholding.-- ``(1) In general.--Each large employer, in accordance with this title, shall-- ``(A) contribute to the cost of any qualifying health benefit plan offered to its employees under subsection (a); and ``(B) withhold from the wages of an employee, the employee share of the premium assessed for coverage under the qualifying health benefit plan. ``(2) Required contribution.--Except as provided in paragraphs (3) and (4), the portion of the total premium to be paid by a large employer under paragraph (1)(A) shall not be less than the portion of the total premium that the Federal Government contributes under the Blue Cross/Blue Shield Standard Plan provided under the Federal Employees Health Benefit Program under chapter 89 of title 5, United States Code. ``(3) Part-time employees.--With respect to an employee who works less than 30 hours per week, the employer contribution required under paragraph (2) shall be equal to the product of-- ``(A) the contribution required under paragraph (2); and ``(B) the ratio of number of hours worked by the employee in a typical week to 30 hours. ``(4) Limitation.--No employer contribution shall be required under this subsection with respect to an employee who works less than 10 hours per week. ``(c) Employee Obligation Under Certain Programs.-- ``(1) In general.--With respect to an employee covered under a Federal health insurance program (as defined in paragraph (3)), such employee shall accept an offer of health insurance coverage under subsection (a) and agree to the appropriate payroll withholdings under subsection (b)(1)(B) for such coverage or provide for the payment of the employee share of premiums under paragraph (2), except that this subsection shall not apply-- ``(A) with respect to an employee who is otherwise covered under an employment-based qualified health benefit plan; or ``(B) with respect to the coverage of a family member of an employee if the employee does not elect coverage for such family member and the family member is otherwise covered under an employment-based qualified health benefit plan. ``(2) Payment of premiums.--At the request of an employee to which paragraph (1) applies, the relevant Federal administrator of the Federal health insurance program involved shall provide for the payment of the employee share of the premium assessed for coverage under the qualifying health benefit plan involved. For purposes of title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), the requirement of this paragraph shall be deemed to be a requirement under the appropriate State plan under such title XIX. ``(3) Federal health insurance program.--As used in this subsection, the term `Federal health insurance program' means-- ``(A) the medicare or medicaid program under title XVIII or XIX of the Social Security Act (42 U.S.C. 1395 or 1396 et seq.); ``(B) the Federal employee health benefit program under chapter 89 of title V, United States Code; or ``(C) the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS), as defined in section 1073(4) of title 10, United States Code. ``(d) Large Employers.-- ``(1) In general.--The provisions of this title shall only apply to large employers. ``(2) Definition.-- ``(A) In general.--As used in paragraph (1), the term `large employer' means, with respect to a calendar year and plan year, an employer that employed an average of at least 50 full-time employees on business days during the preceding calendar year and who employs not less than 50 employees on the first day of the plan year. ``(B) Exception.--The provisions of this title shall apply with respect to an employer that is not a large employer under subparagraph (A) if the majority of the services performed by such employer consist of services performed on behalf of a single large employer. ``(3) Contract workers.--For purposes of this title, a contract worker of an employer shall be considered to be an employee of the employer. ``SEC. 202. REQUIREMENTS RELATING TO TIMING OF COVERAGE AND WITHHOLDING. ``(a) Date of Initial Coverage.--In the case of an employee enrolled under a qualifying health benefit plan provided by a large employer, the coverage under the plan must begin not later than 30 days after the day on which the employee first performs an hour of service as an employee of that employer. ``(b) Withholding Permitted.--No provision of State law shall prevent an employer of an employee enrolled under a qualifying health benefit plan established under this title from withholding the amount of any premium due by the employee from the payroll of the employee. ``SEC. 203. ENFORCEMENT. ``(a) Civil Money Penalty Against Private Employers.--The provisions of section 502 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1132)-- ``(1) relating to the commencement of civil actions by the Secretary under subsection (a) of such section; ``(2) relating to civil money penalties under subsection (c)(2) of such section; and ``(3) relating to the procedures for assessing, collecting and the judicial review of such civil money penalties; shall apply with respect to any large employer that does not comply with this title. ``(b) Injunctive Relief.--The provisions of section 17 shall apply with respect to violations of this title. ``SEC. 204. PREEMPTION. ``Nothing in this title shall be construed to prevent a State from establishing, implementing, or continuing in effect standards and requirements relating to employer provided health insurance coverage unless such standards and requirements prevent the application of the requirements of this title. ``SEC. 205. DEFINITION AND EFFECTIVE DATE. ``(a) Definition.--In this title the terms `family' and `family member' mean, with respect to an employee, the spouse and children (including adopted children) of the employee. ``(b) Effective Date.-- ``(1) In general.--Except as provided in paragraph (2), this title shall apply with respect to employers on January 1, 2006. ``(2) Collective bargaining agreements.--This title shall apply with respect to employees covered under a collective bargaining agreement on the first day of the first plan year beginning after the date of enactment of this Act, or January 1, 2006, whichever occurs later.''. (b) Conforming Amendments.-- (1) The Fair Labor Standards Act of 1938 is amended by striking out the first section and inserting in lieu thereof the following: ``SEC. 1. SHORT TITLE. ``This Act may be cited as the `Fair Labor Standards Act of 1938'. ``TITLE I--WAGES AND HOURS''. (2) The Fair Labor Standards Act of 1938 is amended by striking out ``this Act'' each place it occurs and inserting in lieu thereof ``this title''. (3) Section 17 of the Fair Labor Standards Act of 1938 (29 U.S.C. 217) is amended by inserting ``or violations of title II'' before the period. SEC. 4. AMENDMENT TO PUBLIC HEALTH SERVICE ACT. Part B of title II of the Public Health Service Act (42 U.S.C. 238 et seq.) is amended by adding at the end the following: ``SEC. 249. REQUIREMENT FOR HEALTH INSURANCE COVERAGE. ``A health insurance issuer (as defined in section 2791(a)) that offers health insurance coverage (as defined in section 2791(a)) to an employer on behalf of the employees of such employer shall ensure that such coverage complies with the requirements of title II of the Fair Labor Standards Act of 1938.''.

Health Care for Working Families Act of 2005 - Amends the Fair Labor Standards Act of 1938 (FLSA) to require each large employer to: (1) offer to each of its employees the opportunity to enroll in a qualifying health benefit plan that provides coverage for the employee and the employee's family; (2) contribute to the cost of such a plan; and (3) withhold the employee's share of the plan premium from the employee's wages. Defines a qualifying health benefit plan as one that: (1) provides benefits for health care items and services actuarially equivalent to or greater in value than those offered as of January 1, 2006, under the Blue Cross/Blue Shield (BCBS) Standard Plan provided under the Federal Employees Health Benefit Program (FEHBP); and (2) meets health insurance coverage requirements under the Public Health Service Act. Sets the minimum required contribution by an employer at the same portion of the total premium as the federal government pays for the BCBS Standard Plan under FEHBP. Requires any employee covered under a federal health insurance program to accept an employer's offer of health insurance coverage and agree to payroll withholdings. Requires the relevant federal administrator of such a program to provide for the payment of the employee's share of the premium upon the employee's request. Amends the Public Health Service Act to require a health insurance issuer that offers employee health insurance coverage to an employer to ensure that it complies with requirements of this Act.

To provide health benefits for workers and their families.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Accelerating the End of Breast Cancer Act of 2012''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Establishment. Sec. 4. Mission; duties. Sec. 5. Membership. Sec. 6. Chairperson; program managers. Sec. 7. Coordination and nonduplication. Sec. 8. Evaluation of the Commission. Sec. 9. Authorization of funding. Sec. 10. Termination. SEC. 2. FINDINGS. Congress makes the following findings: (1) In the United States, the chance of a woman developing breast cancer during her lifetime has increased from 1 in 11 in 1975 to 1 in 8 today. (2) Worldwide, breast cancer is the most frequently diagnosed cancer in women with 1,300,000 cases each year. Breast cancer is also the leading cause of cancer death in women, with more than 500,000 women dying from the disease worldwide in 2010. (3) More than 90 percent of deaths from breast cancer are caused by metastasis, which occurs when cancerous cells spread to other organs or bone. (4) The National Cancer Institute estimated that breast cancer care in the United States cost $16,500,000,000 in 2009, and cost the nation $12,100,000,000 in lost productivity. (5) Over the past 40 years, very little has improved the incidence, morbidity, and mortality rates of breast cancer. SEC. 3. ESTABLISHMENT. There shall be established a commission to be known as the Commission to Accelerate the End of Breast Cancer (in this Act referred to as the ``Commission''). SEC. 4. MISSION; DUTIES. (a) Mission.--The mission of the Commission shall be to help end breast cancer by January 1, 2020. (b) Duties.--The Commission shall-- (1) identify opportunities and ideas within the public and private sectors, basic and applied sciences, and epidemiology that can be turned into real world strategies to prevent breast cancer and breast cancer metastasis; (2) recommend projects to leverage such opportunities and ideas in the areas of-- (A) the primary prevention of breast cancer; and (B) the causes and prevention of breast cancer metastasis; (3) promote ideas that are intellectually compelling and innovative; (4) accelerate potentially transformational scientific advances that are-- (A) not being prioritized within the Federal Government but which can help to achieve the mission described in subsection (a); and (B) unlikely to be achieved by the private sector due to technical and financial uncertainty; (5) identify promising but underdeveloped areas of research that would benefit from a cluster of support from government, industry, and academia to rapidly advance knowledge into practice; and (6) create opportunities for transdisciplinary, cross- cutting collaborations. (c) Strategic Vision.--Not later than 6 months after the appointment of the initial members of the Commission, the Commission shall submit to the President and to the relevant authorizing and appropriations committees of Congress, a description of the Commission's strategic vision for its role in achieving the mission described in subsection (a) by January 1, 2020. (d) Annual Report.--Not later than January 15, 2013, and annually thereafter, the Commission shall submit an annual report to the President, Congress, and the public describing-- (1) the Commission's activities under this section, including its progress in achieving the mission described in subsection (a); and (2) the amount of funding expended by the Commission in the preceding year and the activities carried out with such funds. SEC. 5. MEMBERSHIP. (a) Number; Appointment.--The Commission shall be composed of not more than 10 members who shall be appointed by the President, by and with the advice and consent of the Senate. (b) Composition.-- (1) In general.--Each member of the Commission shall be appointed to represent one of the following 3 categories: (A) Representatives of varied disciplines within the biomedical research field. (B) Representatives of varied disciplines outside of the biomedical research field. (C) Educated patient advocates, including individuals who-- (i) represent a patient-led, patient- centered organization with a patient constituency; (ii) have been personally affected by breast cancer; and (iii) are trained, knowledgeable, and prepared to participate in the decision-making process of science and medicine. (2) Representation of membership categories.--Of the members of the Commission-- (A) at least 1, but not more than 3, shall be appointed to represent the category described in paragraph (1)(A); (B) at least 1, but not more than 3, shall be appointed to represent the category described in paragraph (1)(B); and (C) at least 2, but not more than 4, shall be appointed to represent the category described in paragraph (1)(C). (c) Initial Members.--The initial members of the Commission shall be appointed not later than 60 days after the date of the enactment of this Act. (d) Terms.-- (1) In general.--Each member of the Commission shall be appointed for a term of 3 years and may be reappointed. (2) Vacancies.--Any member of the Commission appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member's term until a successor has taken office. A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (e) Quorum.--Three members of the Commission shall constitute a quorum. SEC. 6. CHAIRPERSON; PROGRAM MANAGERS. (a) Chairperson.-- (1) Designation.--Of the members of the Commission appointed under section 5(a), the President shall at the time of the appointment, designate one such member who meets the qualification requirement of paragraph (2) to serve as the Chairperson of the Commission. (2) Qualifications.--To be selected as Chairperson under paragraph (1), a member shall be an individual who, by reason of professional background and experience, is especially qualified to manage areas of study pertaining to ending breast cancer by January 1, 2020. (3) Responsibilities.--The responsibilities of the Chairperson shall include-- (A) approving areas of study of the Commission based on innovation, impact, and scientific and technical merit; (B) developing criteria (including milestones) for assessing, and overseeing the assessment of, the success of areas of study of the Commission; (C) terminating areas of study of the Commission that are not achieving the mission described in section 4(a); and (D) appointing staff as necessary to aid in carrying out the mission described in section 4(a). (b) Program Managers.-- (1) In general.--The Chairperson of the Commission may designate members of the Commission who may act as program managers to oversee one or more areas of study of the Commission. (2) Responsibilities.--A member designated under paragraph (1) shall, with respect to one or more areas of study, be responsible for-- (A) recommending novel proposals, projects, and collaborations based on scientific and technical merit to achieve the mission described in section 4(a) with a focus on strategies for the primary prevention of breast cancer, and methods to prevent breast cancer metastasis; (B) identifying innovative ideas and opportunities to achieve the mission described in section 4(a), including such ideas and opportunities not being prioritized for breast cancer relevance within Federal agencies or programs or the private sector; (C) working with other relevant Federal agencies to identify areas of concurrent interests in order to maximize Federal investment and stimulate collaborative projects; (D) creating opportunities for transdisciplinary, cross-cutting collaborations; (E) using the authorized funds of the Commission, subject to the approval of the Chairperson-- (i) to convene workshops and confer with experts in both the public and private sector; (ii) to build collaborations for identifying areas of study; (iii) to identify all areas where resources could be leveraged; and (iv) to carry out other functions of the Commission that are approved by the Chairperson and necessary to carry out the mission described in section 4(a); and (F) to monitor the progress of areas of study and recommend restructure or termination. SEC. 7. COORDINATION AND NONDUPLICATION. To the maximum extent practicable, the Commission shall ensure that the activities of the Commission are coordinated with, and do not duplicate the efforts of, programs and laboratories of other government agencies. SEC. 8. EVALUATION OF THE COMMISSION. (a) In General.--The President shall enter into an agreement with the Institute of Medicine of the National Academy of Sciences under which the Institute, after the Commission has been in operation for 3 years, shall complete an evaluation of how well the Commission is making progress towards achieving the mission described in section 4(a). (b) Inclusions.--The evaluation under subsection (a) shall include-- (1) a recommendation on whether the Commission should be continued or terminated; and (2) a description of lessons learned from operation of the Commission. (c) Availability.--On completion of the evaluation under subsection (a), the Commission shall make the evaluation available to the Congress and the public. SEC. 9. AUTHORIZATION OF FUNDING. (a) Fund.--There is established in the Treasury of the United States a fund, to be known as the ``Accelerating the End of Breast Cancer Fund'', which shall be administered by the Chairperson, as defined in section 6(a), for the purpose of carrying out this section. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Chairperson for deposit in the Fund, without fiscal year limitation-- (1) $8,000,000 for fiscal year 2012; (2) $12,000,000 for each of fiscal years 2013 and 2014; and (3) such sums as may be necessary for each fiscal year thereafter until the Commission is terminated. (c) Limitation.--None of the amounts appropriated for a fiscal year under subsection (b) shall be used for the operation or construction of any laboratories or pilot plants. SEC. 10. TERMINATION. The Commission shall terminate on June 1, 2020.

Accelerating the End of Breast Cancer Act of 2012 - Establishes the Commission to Accelerate the End of Breast Cancer to help end breast cancer by January 1, 2020. Directs the Commission to: (1) identify opportunities and ideas within the public and private sectors, basic and applied sciences, and epidemiology that can be turned into real world strategies to prevent breast cancer and breast cancer metastasis; (2) recommend projects to leverage such opportunities and ideas in the areas of the primary prevention of breast cancer and the causes and prevention of breast cancer metastasis; (3) promote ideas that are intellectually compelling and innovative; (4) accelerate potentially transformational scientific advances that are not being prioritized within the federal government and that are unlikely to be achieved by the private sector; (5) identify promising but underdeveloped areas of research that would benefit from a cluster of support from government, industry, and academia to rapidly advance knowledge into practices; (6) create opportunities for transdisciplinary, cross-cutting collaborations; (7) submit its strategic vision within six months after its initial members are appointed; and (8) ensure that its activities are coordinated with, and do not duplicate the efforts of, programs and laboratories of other government agencies. Directs the President to enter into an agreement with the Institute of Medicine for an evaluation of the Commission's progress. Establishes the Accelerating the End of Breast Cancer Fund to carry out this Act. Terminates the Commission on June 1, 2020.

A bill to provide for the establishment of a Commission to Accelerate the End of Breast Cancer.

SECTION 1. CLARIFICATION OF CASH ACCOUNTING RULES FOR SMALL BUSINESS. (a) Cash Accounting Permitted.-- (1) In general.--Section 446 of the Internal Revenue Code of 1986 (relating to general rule for methods of accounting) is amended by adding at the end the following new subsection: ``(g) Certain Small Business Taxpayers Permitted To Use Cash Accounting Method Without Limitation.-- ``(1) In general.--An eligible taxpayer shall not be required to use an accrual method of accounting for any taxable year. ``(2) Eligible taxpayer.--For purposes of this subsection, a taxpayer is an eligible taxpayer with respect to any taxable year if-- ``(A) for all prior taxable years beginning after December 31, 2003, the taxpayer (or any predecessor) met the gross receipts test of section 448(c), and ``(B) the taxpayer is not subject to section 447 or 448.''. (2) Expansion of gross receipts test.-- (A) In general.--Paragraph (3) of section 448(b) of such Code (relating to entities with gross receipts of not more than $5,000,000) is amended by striking ``$5,000,000'' in the text and in the heading and inserting ``$10,000,000''. (B) Conforming amendments.--Section 448(c) of such Code is amended-- (i) by striking ``$5,000,000'' each place it appears in the text and in the heading of paragraph (1) and inserting ``$10,000,000'', and (ii) by adding at the end the following new paragraph: ``(4) Inflation adjustment.--In the case of any taxable year beginning in a calendar year after 2005, the dollar amount contained in subsection (b)(3) and paragraph (1) of this subsection 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, by substituting `calendar year 2004' for `calendar year 1992' in subparagraph (B) thereof. If any amount as adjusted under this subparagraph is not a multiple of $100,000, such amount shall be rounded to the nearest multiple of $100,000.''. (b) Clarification of Inventory Rules for Small Business.-- (1) In general.--Section 471 of the Internal Revenue Code of 1986 (relating to general rule for inventories) is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: ``(c) Small Business Taxpayers Not Required To Use Inventories.-- ``(1) In general.--A qualified taxpayer shall not be required to use inventories under this section for a taxable year. ``(2) Treatment of taxpayers not using inventories.--If a qualified taxpayer does not use inventories with respect to any property for any taxable year beginning after December 31, 2003, such property shall be treated as a material or supply which is not incidental. ``(3) Qualified taxpayer.--For purposes of this subsection, the term `qualified taxpayer' means-- ``(A) any eligible taxpayer (as defined in section 446(g)(2)), and ``(B) any taxpayer described in section 448(b)(3).''. (2) Conforming amendments.-- (A) Subpart D of part II of subchapter E of chapter 1 of such Code is amended by striking section 474. (B) The table of sections for subpart D of part II of subchapter E of chapter 1 of such Code is amended by striking the item relating to section 474. (c) Effective Date and Special Rules.-- (1) In general.--The amendments made by this section shall apply to taxable years beginning after December 31, 2003. (2) Change in method of accounting.--In the case of any taxpayer changing the taxpayer's method of accounting for any taxable year under the amendments made by this section-- (A) such change shall be treated as initiated by the taxpayer; (B) such change shall be treated as made with the consent of the Secretary of the Treasury; and (C) the net amount of the adjustments required to be taken into account by the taxpayer under section 481 of the Internal Revenue Code of 1986 shall be taken into account over a period (not greater than 4 taxable years) beginning with such taxable year. SEC. 2. TRANSFER OF UNEMPLOYMENT EXPERIENCE UPON TRANSFER OR ACQUISITION OF A BUSINESS. (a) In General.--Section 303 of the Social Security Act (42 U.S.C. 503) is amended by adding at the end the following: ``(k)(1) For purposes of subsection (a), the unemployment compensation law of a State must provide-- ``(A) that if an employer transfers its business to another employer, and both employers are (at the time of transfer) under substantially common ownership, management, or control, then the unemployment experience attributable to the transferred business shall also be transferred to (and combined with the unemployment experience attributable to) the employer to whom such business is so transferred, ``(B) that unemployment experience shall not, by virtue of the transfer of a business, be transferred to the person acquiring such business if-- ``(i) such person is not otherwise an employer at the time of such acquisition, and ``(ii) the State agency finds that such person acquired the business solely or primarily for the purpose of obtaining a lower rate of contributions, ``(C) that unemployment experience shall (or shall not) be transferred in accordance with such regulations as the Secretary of Labor may prescribe to ensure that higher rates of contributions are not avoided through the transfer or acquisition of a business, ``(D) that meaningful civil and criminal penalties are imposed with respect to-- ``(i) persons that knowingly violate or attempt to violate those provisions of the State law which implement subparagraph (A) or (B) or regulations under subparagraph (C), and ``(ii) persons that knowingly advise another person to violate those provisions of the State law which implement subparagraph (A) or (B) or regulations under subparagraph (C), and ``(E) for the establishment of procedures to identify the transfer or acquisition of a business for purposes of this subsection. ``(2) For purposes of this subsection-- ``(A) the term `unemployment experience', with respect to any person, refers to such person's experience with respect to unemployment or other factors bearing a direct relation to such person's unemployment risk; ``(B) the term `employer' means an employer as defined under the State law; ``(C) the term `business' means a trade or business (or an identifiable and segregable part thereof); ``(D) the term `contributions' has the meaning given such term by section 3306(g) of the Internal Revenue Code of 1986; ``(E) the term `knowingly' means having actual knowledge of or acting with deliberate ignorance of or reckless disregard for the prohibition involved; and ``(F) the term `person' has the meaning given such term by section 7701(a)(1) of the Internal Revenue Code of 1986.''. (b) Study and Reporting Requirements.-- (1) Study.--The Secretary of Labor shall conduct a study of the implementation of the provisions of section 303(k) of the Social Security Act (as added by subsection (a)) to assess the status and appropriateness of State actions to meet the requirements of such provisions. (2) Report.--Not later than July 15, 2006, the Secretary of Labor shall submit to the Congress a report that contains the findings of the study required by paragraph (1) and recommendations for any Congressional action that the Secretary considers necessary to improve the effectiveness of section 303(k) of the Social Security Act. (c) Effective Date.--The amendment made by subsection (a) shall, with respect to a State, apply to certifications for payments (under section 302(a) of the Social Security Act) in rate years beginning after the end of the 26-week period beginning on the first day of the first regularly scheduled session of the State legislature beginning on or after the date of the enactment of this Act. (d) Definitions.--For purposes of this section-- (1) the term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands; (2) the term ``rate year'' means the rate year as defined in the applicable State law; and (3) the term ``State law'' means the unemployment compensation law of the State, approved by the Secretary of Labor under section 3304 of the Internal Revenue Code of 1986. SEC. 3. USE OF NEW HIRE INFORMATION TO ASSIST IN ADMINISTRATION OF UNEMPLOYMENT COMPENSATION PROGRAMS. Section 453(j) of the Social Security Act (42 U.S.C. 653(j)) is amended by adding at the end the following: ``(7) Information comparisons and disclosure to assist in administration of unemployment compensation programs.-- ``(A) In general.--If, for purposes of administering an unemployment compensation program under Federal or State law, a State agency responsible for the administration of such program transmits to the Secretary the names and social security account numbers of individuals, the Secretary shall disclose to such State agency information on such individuals and their employers maintained in the National Directory of New Hires, subject to this paragraph. ``(B) Condition on disclosure by the secretary.-- The Secretary shall make a disclosure under subparagraph (A) only to the extent that the Secretary determines that the disclosure would not interfere with the effective operation of the program under this part. ``(C) Use and disclosure of information by state agencies.-- ``(i) In general.--A State agency may not use or disclose information provided under this paragraph except for purposes of administering a program referred to in subparagraph (A). ``(ii) Information security.--The State agency shall have in effect data security and control policies that the Secretary finds adequate to ensure the security of information obtained under this paragraph and to ensure that access to such information is restricted to authorized persons for purposes of authorized uses and disclosures. ``(iii) Penalty for misuse of information.--An officer or employee of the State agency who fails to comply with this subparagraph shall be subject to the sanctions under subsection (l)(2) to the same extent as if such officer or employee was an officer or employee of the United States. ``(D) Procedural requirements.--State agencies requesting information under this paragraph shall adhere to uniform procedures established by the Secretary governing information requests and data matching under this paragraph. ``(E) Reimbursement of costs.--The State agency shall reimburse the Secretary, in accordance with subsection (k)(3), for the costs incurred by the Secretary in furnishing the information requested under this paragraph.''.

Amends the Internal Revenue Code to exempt certain small business taxpayers from the requirements of using the accrual method of accounting and of using inventories. Allows such taxpayers to use a cash method of accounting if they meet the gross receipts test and are not engaged in farming as a corporation. Increases the amount of the gross receipts test to $10 million (currently, $5 million) and permits an annual inflation adjustment of that amount. Amends the Social Security Act to require State unemployment compensation laws to: (1) permit an employer to transfer its unemployment compensation risk experience to an acquiring business unless such transfer is made solely or primarily to enable the acquiring business to obtain a lower rate of unemployment contribution; and (2) provide for meaningful civil and criminal penalties for transfers made in violation of State unemployment compensation law. Directs the Secretary of Health and Human Services to disclose to State unemployment compensation agencies information from the National Directory of New Hires to assist States in administering an unemployment compensation program under Federal or State law. Provides penalties for the improper disclosure or misuse of information by State agency officers or employees.

A bill to amend the Internal Revenue Code of 1986 to expand the availability of the cash method of accounting for small business, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Insurance Tax Fairness and Small Insurance Company Economic Growth Act of 1995''. SEC. 2. REVISION OF LIMITATION ON DEDUCTION OF POLICYHOLDER DIVIDENDS BY MUTUAL LIFE INSURANCE COMPANIES. (a) In General.--Paragraph (2) of section 808(c) of the Internal Revenue Code of 1986 (relating to reduction in case of mutual companies) is amended to read as follows: ``(2) Limitation in case of mutual companies.-- ``(A) In general.--In the case of a mutual life insurance company, the amount allowed as a deduction under paragraph (1) for any taxable year shall not exceed the lesser of-- ``(i) 90 percent of the policyholder dividends paid or accrued by such company during such taxable year, or ``(ii) 30 percent of the life insurance company taxable income of such company for such taxable year (determined without regard to any deduction for policyholder dividends). In no event shall the limitation under this subparagraph for any taxable year be less than $35,000,000. ``(B) Treatment of stock companies owned by mutual life insurance companies.--Solely for purposes of this paragraph, a stock life insurance company shall be treated as a mutual life insurance company if stock possessing-- ``(i) at least 80 percent of the total combined voting power of all classes of stock of such stock life insurance company entitled to vote, or ``(ii) at least 80 percent of the total value of shares of all classes of stock of such stock life insurance company, is owned at any time during the calendar year directly (or through the application of section 318) by one or more mutual life insurance companies).''. (b) Repeal of Section 809.-- (1) Section 809 of such Code is hereby repealed. (2) Subparagraph (B) of section 807(a)(2) of such Code is amended to read as follows: ``(B) the amount of the policyholders' share of tax-exempt interest,''. (3) Subparagraph (B) of section 807(b)(1) of such Code is amended to read as follows: ``(B) the amount of the policyholders' share of tax-exempt interest,''. (4) Subparagraph (A) of section 812(b)(3) of such Code is amended by striking ``sections 808 and 809'' and inserting ``section 808''. (5) Subsection (c) of section 817 of such Code is amended by striking ``(other than section 809)''. (6) Subsection (c) of section 842 of such Code is amended by striking paragraph (3) and by redesignating paragraph (4) as paragraph (3). (c) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years beginning after December 31, 1994. (2) Recomputation under section 809(f) not affected.--The amendments made by this section shall not affect the application of section 809(f) of the Internal Revenue Code of 1986 (as in effect before its repeal by subsection (b)) in respect of any taxable year beginning before January 1, 1995. (3) Limitation on loss carrybacks.--In the case of a life insurance company subject to the limitation under section 808(b)(2) of such Code, no capital loss arising in a taxable year beginning after December 31, 1994, may be carried to a taxable year beginning before January 1, 1995. SEC. 3. SMALL LIFE INSURANCE COMPANIES EXEMPT FROM REQUIRED CAPITALIZATION OF CERTAIN POLICY ACQUISITION EXPENSES. Section 848 of the Internal Revenue Code of 1986 (relating to capitalization of certain policy acquisition expenses) is amended by adding at the end the following new subsection: ``(k) Exemption for Small Life Insurance Companies.--This section shall not require any small life insurance company (as defined in section 806) to capitalize any specified policy acquisition expenses for any taxable year beginning after December 31, 1994.''. SEC. 4. SENSE OF CONGRESS RELATING TO USE OF INCREASED REVENUES. It is the sense of the Congress that any increase in revenues to the Treasury resulting from the amendments made by this Act shall be dedicated to the funding of-- (1) deficit reduction, (2) tax incentives for the economic growth of small life insurance companies, and (3) programs benefiting the nutrition, early education, housing, and family support of the Nation's children.

Insurance Tax Fairness and Small Insurance Company Economic Growth Act of 1995 - Amends the Internal Revenue Code to revise the method for determining the limitation on the deduction of policyholder dividends by mutual life insurance companies. Exempts small life insurance companies from the required capitalization of certain policy acquisition expenses. Expresses the sense of the Congress that revenues resulting from this Act shall be dedicated to the funding of: (1) deficit reduction; (2) tax incentives for the economic growth of small life insurance companies; and (3) programs benefiting the nutrition, early education, housing, and family support of the Nation's children.

Insurance Tax Fairness and Small Insurance Company Economic Growth Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-Israel Trade and Commercial Enhancement Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Israel is America's dependable, democratic ally in the Middle East--an area of paramount strategic importance to the United States. (2) The United States-Israel Free Trade Agreement formed the modern foundation of the bilateral commercial relationship between the two countries and was the first such agreement signed by the United States with a foreign country. (3) The United States-Israel Free Trade Agreement has been instrumental in expanding commerce and the strategic relationship between the United States and Israel. (4) More than $45 billion in goods and services is traded annually between the two countries in addition to roughly $10 billion in United States foreign direct investment in Israel. (5) The United States continues to look for and find new opportunities to enhance cooperation with Israel, including through the enactment of the United States-Israel Enhanced Security Cooperation Act of 2012 (Public Law 112-150) and the United States-Israel Strategic Partnership Act of 2014 (Public Law 113-296). (6) It has been the policy of the United States Government to combat all elements of the Arab League Boycott of Israel by-- (A) public statements of Administration officials; (B) enactment of relevant sections of the Export Administration Act of 1979 (as continued in effect pursuant to the International Emergency Economic Powers Act), including sections to ensure foreign persons comply with applicable reporting requirements relating to the boycott; (C) enactment of the 1976 Tax Reform Act (Public Law 94-455) that denies certain tax benefits to entities abiding by the boycott; (D) ensuring through free trade agreements with Bahrain and Oman that such countries no longer participate in the boycott; and (E) ensuring as a condition of membership in the World Trade Organization that Saudi Arabia no longer enforces the secondary or tertiary elements of the boycott. SEC. 3. STATEMENTS OF POLICY. Congress-- (1) supports the strengthening of United States-Israel economic cooperation and recognizes the tremendous strategic, economic, and technological value of cooperation with Israel; (2) recognizes the benefit of cooperation with Israel to United States companies, including by improving American competitiveness in global markets; (3) recognizes the importance of trade and commercial relations to the pursuit and sustainability of peace, and supports efforts to bring together the United States, Israel, the Palestinian territories, and others in enhanced commerce; (4) opposes politically motivated actions that penalize or otherwise limit commercial relations specifically with Israel such as boycotts, divestment or sanctions; (5) notes that the boycott, divestment, and sanctioning of Israel by governments, governmental bodies, quasi-governmental bodies, international organizations, and other such entities is contrary to the General Agreement on Tariffs and Trade (GATT) principle of non-discrimination; (6) encourages the inclusion of politically motivated actions that penalize or otherwise limit commercial relations specifically with Israel such as boycotts, divestment from, or sanctions against Israel as a topic of discussion at the U.S.- Israel Joint Economic Development Group (JEDG) and other areas to support the strengthening of the United States-Israel commercial relationship and combat any commercial discrimination against Israel; (7) supports efforts to prevent investigations or prosecutions by governments or international organizations of United States persons on the sole basis of such persons doing business with Israel, with Israeli entities, or in Israeli- controlled territories; and (8) supports American States examining a company's promotion or compliance with unsanctioned boycotts, divestment from, or sanctions against Israel as part of its consideration in awarding grants and contracts and supports the divestment of State assets from companies that support or promote actions to boycott, divest from, or sanction Israel. SEC. 4. PRINCIPAL TRADE NEGOTIATING OBJECTIVES OF THE UNITED STATES. (a) Commercial Partnerships.--Among the principal trade negotiating objectives of the United States for proposed trade agreements with foreign countries regarding commercial partnerships are the following: (1) To discourage actions by potential trading partners that directly or indirectly prejudice or otherwise discourage commercial activity solely between the United States and Israel. (2) To discourage politically motivated actions to boycott, divest from, or sanction Israel and to seek the elimination of politically motivated non-tariff barriers on Israeli goods, services, or other commerce imposed on the State of Israel. (3) To seek the elimination of state-sponsored unsanctioned foreign boycotts against Israel or compliance with the Arab League Boycott of Israel by prospective trading partners. (b) Effective Date.--This section takes effect on the date of the enactment of this Act and applies with respect to negotiations commenced before, on, or after the date of the enactment of this Act. SEC. 5. REPORT ON POLITICALLY MOTIVATED ACTS OF BOYCOTT, DIVESTMENT FROM, AND SANCTIONS AGAINST ISRAEL. (a) In General.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the President shall submit to Congress a report on politically motivated acts of boycott, divestment from, and sanctions against Israel. (b) Matters To Be Included.--The report required by subsection (a) shall include the following: (1) A description of the establishment of barriers to trade, including non-tariff barriers, investment, or commerce by foreign countries or international organizations against United States persons operating or doing business in Israel, with Israeli entities, or in Israeli-controlled territories. (2) A description of specific steps being taken by the United States to encourage foreign countries and international organizations to cease creating such barriers and to dismantle measures already in place and an assessment of the effectiveness of such steps. (3) A description of specific steps being taken by the United States to prevent investigations or prosecutions by governments or international organizations of United States persons on the sole basis of such persons doing business with Israel, with Israeli entities, or in Israeli-controlled territories. (4) Decisions by foreign persons, including corporate entities and state-affiliated financial institutions, that limit or prohibit economic relations with Israel or persons doing business in Israel or in Israeli controlled territories. SEC. 6. ISRAEL TRADE AND COMMERCE BOYCOTT REPORTING. Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m) is amended by adding at the end the following: ``(s) Israel Trade and Commerce Boycott Reporting.-- ``(1) In general.--Each foreign issuer required to file an annual or quarterly report under subsection (a) shall disclose in that report-- ``(A) whether the issuer has discriminated against doing business with Israel in the last calendar year and in such cases an issuer shall provide a description of the discrimination. ``(B) whether the issuer has been advised by a foreign government or a non-member state of the United Nations to discriminate against doing business with Israel, entities owned or controlled by the government of Israel, or entities operating in Israel or Israeli- controlled territory; and ``(C) any instances where the issuer has learned that a person, foreign government, or a non-member state of the United Nations is boycotting the issuer, divesting themselves of an ownership interest in the issuer, or placing sanctions on the issuer because of the issuer's relationship with Israel, entities owned or controlled by the government of Israel, or entities operating in Israel or Israeli-controlled territory. ``(2) Definitions.--For purposes of this subsection: ``(A) Foreign issuer.--The term `foreign issuer' means an issuer that is not incorporated in the United States. ``(B) Non-member states of the united nations.--The term `non-member states of the United Nations' has the meaning given such term by the United Nations.''. SEC. 7. FOREIGN JUDGMENTS AGAINST UNITED STATES PERSONS. No court in the United States may recognize or enforce any judgment which is entered by a foreign court against a United States person carrying out business operations in Israel or in any territory controlled by Israel and on which is based a determination by the foreign court that the location in Israel, or in any territory controlled by Israel, of the facilities at which the business operations are carried out is sufficient to constitute a violation of law. SEC. 8. DEFINITIONS. In this Act: (1) Boycott, divestment from, and sanctions against israel.--The term ``boycott, divestment from, and sanctions against Israel'' means actions by states, non-member states of the United Nations, international organizations, or affiliated agencies of international organizations that are politically motivated and are intended to penalize or otherwise limit commercial relations specifically with Israel or persons doing business in Israel or in Israeli-controlled territories. (2) Foreign person.--The term ``foreign person'' means-- (A) any natural person who is not lawfully admitted for permanent residence (as defined in section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20)) or who is not a protected individual (as defined in section 274B(a)(3) of such Act (8 U.S.C. 1324b(a)(3)); and (B) any foreign corporation, business association, partnership, trust, society or any other entity or group that is not incorporated or organized to do business in the United States, as well as any international organization, foreign government and any agency or subdivision of foreign government, including a diplomatic mission. (3) Person.-- (A) In general.--The term ``person'' means-- (i) a natural person; (ii) a corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise; and (iii) any successor to any entity described in clause (ii). (B) Application to governmental entities.--The term ``person'' does not include a government or governmental entity that is not operating as a business enterprise. (4) United states person.--The term ``United States person'' means-- (A) a natural person who is a national of the United States (as defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)); and (B) a corporation or other legal entity which is organized under the laws of the United States, any State or territory thereof, or the District of Columbia, if natural persons described in subparagraph (A) own, directly or indirectly, more than 50 percent of the outstanding capital stock or other beneficial interest in such legal entity.

United States-Israel Trade and Commercial Enhancement Act This bill states that among the principal U.S. trade negotiating objectives for trade agreements with foreign countries regarding commercial partnerships are to: discourage actions by potential trading partners that discourage commercial activity solely between the United States and Israel; discourage politically motivated actions to boycott, divest from, or sanction Israel and to seek the elimination of politically motivated non-tariff barriers on Israeli commerce; and seek the elimination of state-sponsored unsanctioned foreign boycotts against Israel or compliance with the Arab League Boycott of Israel. The President is directed to report annually to Congress on politically motivated acts of boycott, divestment from, and sanctions against Israel. The Securities Exchange Act of 1934 is amended to require a foreign issuer traded on the U.S. stock market to disclose in its quarterly or annual report: whether the issuer has discriminated against doing business with Israel in the last calendar year; whether the issuer has been advised by a foreign government or a non-member state of the United Nations (U.N.) to discriminate against doing business with Israel, entities owned or controlled by Israel, or entities operating in Israel or Israeli-controlled territory; and any instances where the issuer has learned that a person, foreign government, or a non-member state of the U.N. is boycotting the issuer, divesting itself of an ownership interest in the issuer, or placing sanctions on the issuer because of the issuer's relationship with Israel. No U.S. court may recognize or enforce any judgment by a foreign court against a U.S. person carrying out business operations in Israel or in any territory controlled by Israel, and on which is based a determination by the foreign court that the location in Israel, or in any territory controlled by Israel, of the facilities at which the business operations are carried out is sufficient to constitute a violation of law.

United States-Israel Trade and Commercial Enhancement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Agricultural Producers Value-Added Investment Tax Credit Act of 2003''. SEC. 2. CREDIT FOR FARMER INVESTMENT IN VALUE-ADDED AGRICULTURAL PROPERTY. (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. VALUE-ADDED AGRICULTURAL PROPERTY INVESTMENT CREDIT. ``(a) General Rule.--For purposes of section 38, in the case of a taxpayer who is-- ``(1) an eligible person, or ``(2) a farmer-owned entity, the value-added agricultural property investment credit determined under this section for any taxable year is 50 percent of the basis of any qualified value-added agricultural property placed in service during the taxable year. In the case of a farmer-owned entity, such credit shall be allocated on a pro rata basis among eligible persons holding qualified interests in such entity as of the last day of such taxable year. ``(b) Maximum Credit.--For purposes of subsection (a)-- ``(1) Property placed in service by eligible person.--In the case of property placed in service during a taxable year by an eligible person, the credit determined under this section for such year shall not exceed $30,000, reduced by the amount of the creditable investments allowed for the taxable year under paragraph (2). ``(2) Property placed in service by farmer-owned entity.-- ``(A) In general.--In the case of property placed in service by a farmer-owned entity, the credit determined under this section shall not exceed the sum of the eligible person's creditable investments in such entity as of the date such property is placed in service. ``(B) Creditable investments.--For purposes of subparagraph (A), the term `creditable investments' means, with respect to any property placed in service by a farmer-owned entity, the aggregate qualified investments made by the eligible person in such entity, reduced (but not below zero) by the sum of-- ``(i) the amount of the aggregate qualified investments made by such person in such entity which were taken into account under this section with respect to property previously placed in service by such entity, and ``(ii) the amount of the aggregate qualified investments made by such person in all other farmer-owned entities which were taken into account under this section with respect to property previously placed in service by such other entities. ``(C) Limitation.--For purposes of this paragraph, the aggregate qualified investments made by the eligible person which may be taken into account for any taxable year shall not exceed $30,000. ``(c) Definitions.--For purposes of this section-- ``(1) Qualified value-added agricultural property.--The term `qualified value-added agricultural property' means property-- ``(A) which is used to add value to a good or product, suitable for food or nonfood use, derived in whole or in part from organic matter which is available on a renewable basis, including agricultural crops and agricultural wastes and residues, wood wastes and residues, and domesticated animal wastes, ``(B)(i) to which section 168 applies without regard to any useful life, or ``(ii) with respect to which depreciation (or amortization in lieu of depreciation) is allowable and having a useful life (determined as of the time such property is placed in service) of 3 years or more, and ``(C) which is owned and operated by an eligible person or a farmer-owned entity. ``(2) Eligible person.-- ``(A) In general.--The term `eligible person' means a person who materially participates during the taxable year in an eligible farming business. ``(B) Material participation.--For purposes of subparagraph (A), the determination of whether a person materially participates in the trade or business of farming shall be made in a manner similar to the manner in which such determination is made under section 2032A(e)(6). In the case that the person is a corporation, cooperative, partnership, estate, or trust, such determination shall be made at the shareholder, partner, or beneficial interests level (as the case may be). ``(C) Eligible farming business.--For purposes of subparagraph (A), the term `eligible farming business' means a farming business (as defined in section 263A(e)(4)) which is not a passive activity (within the meaning of section 469(c)). ``(3) Farmer-owned entity.-- ``(A) In general.--The term `farmer-owned entity' means-- ``(i) a corporation (including an S corporation) in which eligible persons own 50 percent or more of the total voting power of the stock and 50 percent or more (in value) of the stock, ``(ii) a partnership in which eligible persons own 50 percent or more of the total voting power of the profits interest and 50 percent or more (in value) of the profits interest, and ``(iii) a cooperative in which eligible persons own 50 percent or more of the total voting power of the member patronage interests and 50 percent or more (in value) of the member patronage interests. ``(B) Constructive ownership rules.--For purposes of subparagraph (A), rules similar to the rules of section 263A(e)(2)(B) shall apply; except that, in applying such rules, the members of an individual's family shall be the individuals described in subparagraph (C). ``(C) Members of family.--The family of any individual shall include only his spouse and children, grandchildren, and great grandchildren (whether by the whole or half blood), and the spouses of his children, grandchildren, and great grandchildren, who reside in the same household or jointly operate farming businesses (as defined in section 263A(e)(4)). For purposes of the preceding sentence, a child who is legally adopted, or who is placed with the taxpayer by an authorized placement agency for adoption by the taxpayer, shall be treated as a child by blood. ``(4) Qualified investments.-- ``(A) In general.--The term `qualified investments' means a payment of cash for the purchase of a qualified equity interest in a farmer-owned entity. ``(B) Qualified equity interest.--The term `qualified equity interest' means-- ``(i) any stock in a domestic corporation if such stock is acquired by the taxpayer after December 31, 2002, and before January 1, 2009, at its original issue (directly or through an underwriter) from the corporation solely in exchange for cash, ``(ii) any capital or profits interest in a domestic partnership if such interest is acquired by the taxpayer after December 31, 2002, and before January 1, 2009, and ``(iii) any patronage interest in a cooperative if such interest is acquired by the taxpayer after December 31, 2002, and before January 1, 2009. Rules similar to the rules of section 1202(c)(3) shall apply for purposes of this paragraph. ``(d) Special Rules.--For purposes of this section-- ``(1) Treatment of married individuals.--In the case of a separate return by a married individual (as defined in section 7703), subsection (b)(3)(A) shall be applied by substituting `$15,000' for `$30,000'. ``(2) Applicable rules.--Under regulations prescribed by the Secretary-- ``(A) Allocation of credit in the case of estates and trusts.--Rules similar to the rules of subsection (d) of section 52 shall apply. ``(B) Certain property not eligible.--Rules similar to the rules of section 50(b) shall apply. ``(3) Basis adjustment.--For purposes of this subtitle, if a credit is allowed under this section to any eligible person with respect to qualified value-added agricultural property, the basis of such property shall be reduced by the amount of the credit so allowed and increased by the amount of recapture under subsection (e). ``(e) Recapture in the Case of Certain Dispositions.-- ``(1) In general.--Under regulations prescribed by the Secretary, rules similar to the rules of section 50(a) shall apply with respect to an eligible person if, within the 5-year period beginning on the date qualified value-added agricultural property with respect to which such person was allowed a credit under subsection (a) is originally placed in service-- ``(A) such property ceases to be qualified for purposes of this section, ``(B) the eligible person or the farmer-owned entity (as the case may be) disposes of all or part of such property, or ``(C) the eligible person or the farmer-owned entity (as the case may be) ceases to be an eligible person or farmer-owned entity for purposes of this section. ``(2) Special rules in event of death.-- ``(A) In general.--The period in paragraph (1) shall be suspended with respect to an eligible person for the 2-year period beginning on the date of death of such person. ``(B) Heirs who are eligible persons.--In the case that an heir of an eligible person is also an eligible person, neither paragraph (1) nor subparagraph (A) of this paragraph (unless elected by such heir) shall apply with respect to the transfer of property to such heir. ``(f) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this section. ``(g) Termination.--This section shall not apply to property placed in service after December 31, 2008.''. (b) Credit Allowed as Part of General Business Credit.--Section 38(b) of such Code (defining current year business credit) is amended by striking ``plus'' at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(16) in the case of an eligible person (as defined in section 45G(c)), the value-added agricultural property investment credit determined under section 45G(a).''. (c) Credit Allowable Against Minimum Tax.-- (1) In general.--Paragraph (3) of section 38 of such Code is amended-- (A) by inserting ``and value-added agricultural property credit'' after ``employee credit'' in the heading, (B) by inserting ``and the value-added agricultural property credit'' after ``employee credit'' each place it appears in subparagraph (A), and (C) by adding at the end the following new subparagraph: ``(C) Value-added agricultural property credit.-- For purposes of this subsection, the term `value-added agricultural property credit' means the credit determined under section 45G.'' (2) Conforming amendment.--Subclause (II) of section 38(c)(2)(A)(ii) of such Code is amended by inserting ``or the value-added agricultural property credit'' after ``employment credit''. (d) Limitation on Carryback.--Subsection (d) of section 39 of such Code is amended by adding at the end thereof the following new paragraph: ``(10) No carryback of value-added agricultural property investment credit before effective date.--No portion of the unused business credit for any taxable year which is attributable to the credit determined under section 45G may be carried back to any taxable year ending before the date of the enactment of section 45G.''. (e) Deduction for Certain Unused Business Credits.--Subsection (c) of section 196 of such Code is amended by striking ``and'' at the end of paragraph (9), by striking the period at the end of paragraph (10) and inserting ``, and'', and by adding after paragraph (10) the following new paragraph: ``(11) the value-added agricultural property investment credit determined under section 45G.''. (f) Basis Adjustment.--Subsection (a) of section 1016 of such Code is amended by striking ``and'' at the end of paragraph (27), by striking the period at the end of paragraph (28) and inserting ``; and'', and by adding at the end the following new paragraph: ``(29) to the extent provided in section 45G(d)(3), in the case of payments with respect to which a credit has been allowed under section 38.''. (g) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end thereof the following new section: ``Sec. 45G. Value-added agricultural property investment credit.''. (h) Effective Date.--The amendments made by this section shall apply to qualified investments (as defined in section 45G(c)(5) of the Internal Revenue Code of 1986 (as added by this section) made, and property placed in service, after December 31, 2002.

Agricultural Producers Value-Added Investment Tax Credit Act of 2003 - Amends the Internal Revenue Code to provide that for purposes of the general business credit, for either an eligible farmer or a farmer-owned entity, the value-added agricultural property investment credit for any taxable year is 50 percent of the basis of any qualified value-added agricultural property placed in service during the taxable year. Provides that, in the case of a farmer-owned entity, such credit shall be allocated on a pro rata basis among eligible persons holding qualified interests in such entity as of the last day of such taxable year. Limits such credit.

To amend the Internal Revenue Code of 1986 to provide a tax credit for farmers' investments in value-added agriculture.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Employees of America Streamlining for Your Savings Act of 2013'' or the ``EASY Savings Act of 2013''. SEC. 2. ENHANCEMENT OF AUTHORITY TO MAKE CASH AWARDS TO EMPLOYEES FOR COST SAVING DISCLOSURES. (a) In General.--Section 4512 of title 5, United States Code, is amended-- (1) in subsection (a)-- (A) in the matter preceding paragraph (1), by inserting ``or identification of surplus funds or unnecessary budget authority'' after ``mismanagement''; (B) in paragraph (2), by inserting ``or identification'' after ``disclosure''; and (C) in the matter following paragraph (2), by inserting ``or identification'' after ``disclosure''; and (2) by adding at the end the following: ``(c) The Inspector General of an agency or other agency employee designated under subsection (b) shall refer to the Chief Financial Officer of the agency any potential surplus funds or unnecessary budget authority identified by an employee under subsection (a), along with any recommendations of the Inspector General or other agency employee. ``(d)(1) If the Chief Financial Officer of an agency determines that rescission of potential surplus funds or unnecessary budget authority, identified by an employee under subsection (a), would not hinder the effectiveness of the agency, the head of the agency shall transfer the amount of the surplus funds or unnecessary budget authority from the applicable appropriations account to the general fund of the Treasury, except as provided in subsection (e). ``(2) Title X of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 681 et seq.) shall not apply to transfers under paragraph (1). ``(3) Any amounts transferred under paragraph (1) shall be deposited in the Treasury and used for deficit reduction, except that in the case of a fiscal year for which there is no Federal budget deficit, such amounts shall be used to reduce the Federal debt, in such manner as the Secretary of the Treasury considers appropriate. ``(e) The head of an agency may retain not more than 10 percent of any amounts which (but for this subsection) would otherwise be transferred to the general fund of the Treasury under subsection (d), representing surplus funds or unnecessary budget authority identified by an employee under this section, for the purpose of paying a cash award to such employee in accordance with subsection (a). ``(f)(1) The head of each agency shall submit to the Director of the Office of Personnel Management an annual report regarding-- ``(A) each disclosure of fraud, waste, or mismanagement or identification of surplus funds or unnecessary budget authority, made under subsection (a) by an employee of the agency, which is determined by the agency to have merit; ``(B) the total savings achieved through disclosures and identifications described in subparagraph (A); and ``(C) the number and amount of cash awards by the agency under subsection (a). ``(2) The Director of the Office of Personnel Management shall submit to Congress and the Government Accountability Office an annual report on Federal cost saving and awards based on the reports under paragraph (1). ``(3) The Director of the Office of Personnel Management shall-- ``(A) ensure that the cash award program of each agency complies with this section; and ``(B) submit to Congress an annual certification indicating whether the cash award program of each agency complies with this section. ``(g)(1) The head of each agency shall include the information described in subsection (f)(1) in each budget request of the agency submitted to the Office of Management and Budget as part of the preparation of the budget of the President submitted to Congress under section 1105(a) of title 31. ``(2) Not later than 3 years after the date of enactment of the EASY Savings Act of 2013, and every 3 years thereafter, the Comptroller General shall submit to Congress a report on the operation of the cost savings and awards program under this section, including recommendations for any legislative changes which the Comptroller General considers appropriate.''. (b) Prohibition.-- (1) In general.--Section 4509 of title 5, United States Code, is amended to read as follows: ``Sec. 4509. Prohibition of cash award to certain officers ``(a) Definition.--For purposes of this section, the term `agency' refers to any agency within the meaning of section 551(1) or 4501(1). ``(b) Prohibition.--An officer may not receive a cash award under this subchapter if such officer-- ``(1) is the head of an agency; ``(2) serves in-- ``(A) a position under section 5312 (relating to positions at level I of the Executive Schedule); or ``(B) a position for which the compensation is set in statute by reference to section 5312 or level I of the Executive Schedule; or ``(3) is a voting member of an independent establishment.''. (2) Clerical amendment.--The analysis for chapter 45 of title 5, United States Code, is amended by striking the item relating to section 4509 and inserting the following: ``4509. Prohibition of cash award to certain officers.''.

Employees of America Streamlining for Your Savings Act of 2013 or the EASY Savings Act of 2013 - Expands the awards program for disclosures by federal employees of fraud, waste, or mismanagement that result in cost savings to the employee's agency to include identification of surplus funds or unnecessary budget authority. Directs that any savings resulting from the identification of such funds or budget authority be deposited in the Treasury and used to reduce a budget deficit or the federal debt. Prohibits the payment of awards to: (1) the head of an agency; (2) federal officers who serve in a position at level I of the Executive Schedule, and (3) a voting member of an independent establishment.

EASY Savings Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Fuels and Vehicle Choice Act of 2009''. SEC. 2. ENSURING THE AVAILABILITY OF DUAL FUELED AUTOMOBILES AND LIGHT DUTY TRUCKS. (a) In General.--Chapter 329 of title 49, United States Code, is amended by inserting after section 32902 the following: ``Sec. 32902A. Requirement to manufacture dual fueled automobiles and light duty trucks ``(a) In General.--For each model year listed in the following table, each manufacturer shall ensure that the percentage of automobiles and light duty trucks manufactured by the manufacturer for sale in the United States that are dual fueled automobiles and light duty trucks is not less than the percentage set forth for that model year in the following table: ``Model Year Percentage Model years 2011 and 2012....................... 50 percent Model year 2013 and each subsequent model year.. 90 percent. ``(b) Exception.--Subsection (a) shall not apply to automobiles or light duty trucks that operate only on electricity.''. (b) Clerical Amendment.--The table of sections for chapter 329 of title 49, United States Code, is amended by inserting after the item relating to section 32902 the following: ``32902A. Requirement to manufacture dual fueled automobiles and light duty trucks.''. (c) Rulemaking.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Transportation shall prescribe regulations to carry out the amendments made by this Act. SEC. 3. BLENDER PUMP PROMOTION. (a) Blender Pump Grant Program.-- (1) Definitions.--In this subsection: (A) Blender pump.--The term ``blender pump'' means an automotive fuel dispensing pump capable of dispensing at least 3 different blends of gasoline and ethanol, as selected by the pump operator, including blends ranging from 0 percent ethanol to 85 percent denatured ethanol, as determined by the Secretary. (B) E-85 fuel.--The term ``E-85 fuel'' means a blend of gasoline approximately 85 percent of the content of which is ethanol. (C) Ethanol fuel blend.--The term ``ethanol fuel blend'' means a blend of gasoline and ethanol, with a minimum of 0 percent and maximum of 85 percent of the content of which is denatured ethanol. (D) Secretary.--The term ``Secretary'' means the Secretary of Energy. (2) Grants.--The Secretary shall make grants under this subsection to eligible facilities (as determined by the Secretary) to pay the Federal share of-- (A) installing blender pump fuel infrastructure, including infrastructure necessary-- (i) for the direct retail sale of ethanol fuel blends (including E-85 fuel), including blender pumps and storage tanks; and (ii) to directly market ethanol fuel blends (including E-85 fuel) to gas retailers, including inline blending equipment, pumps, storage tanks, and loadout equipment; and (B) providing subgrants to direct retailers of ethanol fuel blends (including E-85 fuel) for the purpose of installing fuel infrastructure for the direct retail sale of ethanol fuel blends (including E- 85 fuel), including blender pumps and storage tanks. (3) Federal share.--The Federal share of the cost of a project carried out under this subsection shall be 50 percent of the total cost of the project. (4) Authorization of appropriations.--There are authorized to be appropriated to the Secretary to carry out this subsection, to remain available until expended-- (A) $50,000,000 for fiscal year 2010; (B) $100,000,000 for fiscal year 2011; (C) $200,000,000 for fiscal year 2012; (D) $300,000,000 for fiscal year 2013; and (E) $350,000,000 for fiscal year 2014. (b) Installation of Blender Pumps by Major Fuel Distributors at Owned Stations and Branded Stations.--Section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) is amended by adding at the end the following: ``(13) Installation of blender pumps by major fuel distributors at owned stations and branded stations.-- ``(A) Definitions.--In this paragraph: ``(i) E-85 fuel.--The term `E-85 fuel' means a blend of gasoline approximately 85 percent of the content of which is ethanol. ``(ii) Ethanol fuel blend.--The term `ethanol fuel blend' means a blend of gasoline and ethanol, with a minimum of 0 percent and maximum of 85 percent of the content of which is denatured ethanol. ``(iii) Major fuel distributor.-- ``(I) In general.--The term `major fuel distributor' means any person that owns a refinery and directly markets the output of a refinery. ``(II) Exclusion.--The term `major fuel distributor' does not include any person that owns less than 50 retail fueling stations. ``(iv) Secretary.--The term `Secretary' means the Secretary of Energy, acting in consultation with the Administrator of the Environmental Protection Agency and the Secretary of Agriculture. ``(B) Regulations.--The Secretary shall promulgate regulations to ensure that each major fuel distributor that sells or introduces gasoline into commerce in the United States through majority-owned stations or branded stations installs or otherwise makes available 1 or more blender pumps that dispense E-85 fuel and ethanol fuel blends (including any other equipment necessary, such as tanks, to ensure that the pumps function properly) for a period of not less than 5 years at not less than the applicable percentage of the majority-owned stations and the branded stations of the major fuel distributor specified in subparagraph (C). ``(C) Applicable percentage.--For the purpose of subparagraph (B), the applicable percentage of the majority-owned stations and the branded stations shall be determined in accordance with the following table: ``Applicable percentage of majority-owned stations and branded stations Calendar year: Percent: 2011............................................... 10 2013............................................... 20 2015............................................... 35 2017 and each calendar year thereafter............. 50. ``(D) Geographic distribution.-- ``(i) In general.--Subject to clause (ii), in promulgating regulations under subparagraph (B), the Secretary shall ensure that each major fuel distributor described in that subparagraph installs or otherwise makes available 1 or more blender pumps that dispense E-85 fuel and ethanol fuel blends at not less than a minimum percentage (specified in the regulations) of the majority-owned stations and the branded stations of the major fuel distributors in each State. ``(ii) Requirement.--In specifying the minimum percentage under clause (i), the Secretary shall ensure that each major fuel distributor installs or otherwise makes available 1 or more blender pumps described in that clause in each State in which the major fuel distributor operates. ``(E) Financial responsibility.--In promulgating regulations under subparagraph (B), the Secretary shall ensure that each major fuel distributor described in that subparagraph assumes full financial responsibility for the costs of installing or otherwise making available the blender pumps described in that subparagraph and any other equipment necessary (including tanks) to ensure that the pumps function properly. ``(F) Production credits for exceeding blender pumps installation requirement.-- ``(i) Earning and period for applying credits.--If the percentage of the majority- owned stations and the branded stations of a major fuel distributor at which the major fuel distributor installs blender pumps in a particular calendar year exceeds the percentage required under subparagraph (C), the major fuel distributor shall earn credits under this paragraph, which may be applied to any of the 3 consecutive calendar years immediately after the calendar year for which the credits are earned. ``(ii) Trading credits.--Subject to clause (iii), a major fuel distributor that has earned credits under clause (i) may sell the credits to another major fuel distributor to enable the purchaser to meet the requirement under subparagraph (C). ``(iii) Exception.--A major fuel distributor may not use credits purchased under clause (ii) to fulfill the geographic distribution requirement in subparagraph (D).''.

Consumer Fuels and Vehicle Choice Act of 2009 - Requires each manufacturer to ensure that at least 50% of 2011 and 2012 model year automobiles and light duty trucks manufactured for sale in the United States are dual fueled. Increases the minimum to 90% for later model years. (Excludes automobiles and light duty trucks that operate only on electricity.) Requires the Secretary of Energy to make grants to major fuel distributors to pay the federal share of costs to install blender pump fuel infrastructure at majority-owned stations and branded stations: (1) for the direct retail sale of ethanol fuel blends (including E-85 fuel), including blender pumps and storage tanks; and (2) to directly market such fuels to gas retailers, including in-line blending equipment, pumps, storage tanks, and loadout equipment. Provides for infrastructure installation subgrants to direct retailers of ethanol fuel blends (including E-85 fuel) as well as blender pumps and storage tanks. Amends the Clean Air Act to define: (1) "E-85 fuel" as a blend of gasoline at least 85% derived from ethanol; and (2) "ethanol fuel blend" as a blend of gasoline and ethanol, with a minimum of 0% and maximum of 85% derived from denatured ethanol. Requires the Secretary to promulgate regulations to ensure that each major fuel distributor installs one or more blender pumps that dispense E-85 fuel and ethanol fuel blends at specified minimum percentages of majority-owned stations and branded stations for specified years in each state. Allows major fuel distributors to earn and sell credits if they exceed the percentage of blender pump installations at majority-owned stations and branded stations.

A bill to improve choices for consumers for vehicles and fuel, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Daniel Webster Congressional Clerkship Act of 2016''. SEC. 2. FINDINGS. Congress finds the following: (1) Each year, many of the most talented law school graduates in the United States begin their legal careers as judicial law clerks. (2) The judicial clerkship program has given the judiciary access to a pool of exceptional young lawyers at a relatively low cost. (3) These same lawyers then go on to become leaders of their profession, where they serve a critical role in helping to educate the public about the judiciary and the judicial process. (4) The White House, the administrative agencies of the executive branch, the Administrative Office of the United States Courts, the Federal Judicial Center, and the United States Sentencing Commission all operate analogous programs for talented young professionals at the outset of their careers. (5) Congress is without a similar program. (6) At a time when our Nation faces considerable challenges, Congress and the public would benefit immeasurably from a program, modeled after the judicial clerkship program, that engages the brightest young lawyers in the Nation in the legislative process. (7) Accordingly, the Congress herein creates the Daniel Webster Congressional Clerkship Program, named after one of the most admired and distinguished lawyer-legislators ever to serve in Congress, to improve the business of Congress and increase the understanding of its work by the public. SEC. 3. DANIEL WEBSTER CONGRESSIONAL CLERKSHIP PROGRAM. (a) Selection Committees.--In this Act, the term ``Selection Committees'' means-- (1) the Committee on Rules and Administration of the Senate; and (2) the Committee on House Administration of the House of Representatives. (b) Establishment of Program.--There is established the Daniel Webster Congressional Clerkship Program for the appointment of individuals who are graduates of accredited law schools to serve as Congressional Clerks in the Senate or House of Representatives. (c) Selection of Clerks.--The Selection Committees shall select Congressional Clerks in the following manner: (1) The Committee on Rules and Administration of the Senate shall select not less than 6 Congressional Clerks each year for a clerkship with an office of the Senate for a 1-year period. (2) The Committee on House Administration of the House of Representatives shall select not less than 6 Congressional Clerks each year for a clerkship with an office of the House of Representatives for a 1-year period. (d) Selection Criteria.--In carrying out subsection (c), the Selection Committees shall select Congressional Clerks consistent with the following criteria: (1) Each Congressional Clerk selected shall be a graduate of an accredited law school as of the starting date of his or her clerkship. (2) Each Congressional Clerk selected shall possess-- (A) an excellent academic record; (B) a strong record of achievement in extracurricular activities; (C) a demonstrated commitment to public service; and (D) outstanding analytic, writing, and oral communication skills. (e) Process.--After a Congressional Clerk is selected under this section, such Congressional Clerk may then interview for a clerkship in an office, and accept the clerkship if offered, as follows: (1) For a Congressional Clerk selected under subsection (c)(1), the Congressional Clerk may interview for, and accept if offered, a clerkship with-- (A) an office of any committee of the Senate, including a select or special committee; (B) an office of a joint committee of Congress the pay of the employees of which is disbursed by the Secretary of the Senate; (C) an office of any individual member of the Senate; (D) a leadership office of the Senate; or (E) the Office of the Parliamentarian of the Senate, the Office of Senate Legal Counsel, or the Office of the Legislative Counsel of the Senate. (2) For a Congressional Clerk selected under subsection (c)(2), the Congressional Clerk may interview for, and accept if offered, a clerkship with-- (A) an office of any committee of the House of Representatives, including any select or special committee; (B) an office of a joint committee of Congress the pay of the employees of which is disbursed by the Chief Administrative Officer of the House of Representatives; (C) an office of any individual Member of the House of Representatives; (D) a leadership office of the House of Representatives; or (E) the Office of General Counsel of the House of Representatives, the Office of the Parliamentarian of the House of Representatives, or the Office of the Legislative Counsel of the House of Representatives. (f) Placement Requirements.--The Selection Committees shall, to the extent practicable, ensure that Congressional Clerks selected and placed under this section are apportioned equally between majority party and minority party offices. (g) Exclusion From Limit on Number of Positions.--A Congressional Clerk shall be excluded in determining the number of employees of the office that employs the Clerk for purposes of-- (1) in the case of the office of a Member of the House of Representatives, section 104 of the House of Representatives Administrative Reform Technical Corrections Act (2 U.S.C. 5321); or (2) in the case of any other office, any applicable provision of law or any rule or regulation which imposes a limit on the number of employees of the office. (h) Funding for Positions; Adherence to Rules.-- (1) Sense of the senate.--It is the sense of the Senate that-- (A) the amount of financial assistance provided to a Congressional Clerk under paragraph (3) should, if practicable, be comparable to the compensation and benefits provided for similar clerkships offered through the Federal judiciary and executive branches; and (B) any financial assistance provided to a Congressional Clerk under such paragraph should not result in a net increase in the amounts appropriated for the legislative branch for any fiscal year. (2) Determination.--The amount of any financial assistance provided under paragraph (3) for a Congressional Clerk shall be-- (A) determined or approved by the office hiring the Congressional Clerk; and (B) based on the office's determination of the duties and responsibilities for such Congressional Clerk. (3) Financial assistance.-- (A) Eligibility for fellowships.--A Congressional Clerk that is placed with an office described in subsection (e) may accept a fellowship through an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))) for the term of the clerkship with the approval of the office in accordance with paragraph (2). (B) Payment provided by congressional office.--An office described in subsection (e) may use amounts otherwise available to the office to provide compensation to a Congressional Clerk of the office for the term of the clerkship. (4) Required adherence to rules.--A Congressional Clerk that obtains a clerkship under this section shall be subject to all laws, regulations, and rules in the same manner and to the same extent as an individual serving in a similar position in the Senate or the House of Representatives, as the case may be. (i) Rules.--The Selection Committees shall develop and promulgate rules regarding the administration of the Congressional Clerkship program established under this section.

Daniel Webster Congressional Clerkship Act of 2016 This bill establishes the Daniel Webster Congressional Clerkship Program for the appointment of individuals who are graduates of accredited law schools to serve as congressional clerks in the Senate or House of Representatives. The Senate Committee on Rules and Administration and the House Committee on House Administration must each select at least six individuals for a one-year term to serve for a clerkship with an office in their respective chambers. The committees shall ensure that congressional clerks selected under this bill are apportioned equally between majority and minority party offices. The bill expresses the sense of the Senate that: (1) the amount of financial assistance provided to a congressional clerk should, if practicable, be comparable to the compensation and benefits provided for similar clerkships offered through the federal judiciary and executive branches; and (2) any financial assistance provided to a clerk should not result in a net increase in the amounts appropriated for the legislative branch for any fiscal year.

Daniel Webster Congressional Clerkship Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Consumers from Unreasonable Credit Rates Act of 2017''. SEC. 2. FINDINGS. Congress finds that-- (1) attempts have been made to prohibit usurious interest rates in America since colonial times; (2) at the Federal level, in 2006, Congress enacted a Federal 36-percent annualized usury cap for servicemembers and their families for covered credit products, as defined by the Department of Defense, which curbed payday, car title, and tax refund lending around military bases; (3) notwithstanding such attempts to curb predatory lending, high-cost lending persists in all 50 States due to loopholes in State laws, safe harbor laws for specific forms of credit, and the exportation of unregulated interest rates permitted by preemption; (4) due to the lack of a comprehensive Federal usury cap, consumers annually pay approximately $14,000,000,000 on high- cost overdraft loans, as much as approximately $7,000,000,000 on storefront and online payday loans, $3,800,000,000 on car title loans, and additional amounts in unreported revenues on high-cost online installment loans; (5) cash-strapped consumers pay on average approximately 400 percent annual interest for payday loans, 300 percent annual interest for car title loans, up to 17,000 percent or higher for bank overdraft loans, and triple-digit rates for online installment loans; (6) a national maximum interest rate that includes all forms of fees and closes all loopholes is necessary to eliminate such predatory lending; and (7) alternatives to predatory lending that encourage small dollar loans with minimal or no fees, installment payment schedules, and affordable repayment periods should be encouraged. SEC. 3. NATIONAL MAXIMUM INTEREST RATE. Chapter 2 of the Truth in Lending Act (15 U.S.C. 1631 et seq.) is amended by adding at the end the following: ``SEC. 140B. MAXIMUM RATES OF INTEREST. ``(a) In General.--Notwithstanding any other provision of law, a creditor may not make an extension of credit to a consumer with respect to which the fee and interest rate, as defined in subsection (b), exceeds 36 percent. ``(b) Fee and Interest Rate Defined.-- ``(1) In general.--For purposes of this section, the term `fee and interest rate' includes all charges payable (directly or indirectly) that are incident to, ancillary to, or as a condition of an extension of credit, including-- ``(A) any payment compensating a creditor or prospective creditor for-- ``(i) an extension of credit or making available a line of credit, such as fees connected with credit extension or availability (including numerical periodic rates, annual fees, cash advance fees, and membership fees); or ``(ii) any fees for default or breach by a borrower of a condition upon which credit was extended, such as late fees, creditor-imposed fees charged when a borrower tenders payment on a debt with a check drawn on insufficient funds, overdraft fees, and over limit fees; ``(B) all fees which constitute a finance charge, as defined by rules of the Bureau in accordance with this title; ``(C) credit insurance premiums, whether optional or required; and ``(D) all charges and costs for ancillary products sold in connection with or incidental to the credit transaction. ``(2) Tolerances.-- ``(A) In general.--With respect to a credit obligation that is payable in at least 3 fully amortizing installments over a period of 90 days or more, the term `fee and interest rate' does not include-- ``(i) an application or participation fee that in total do not exceed the greater of $30 or, if there is a limit to the credit line, 5 percent of the credit limit, up to $120, if-- ``(I) such fees are excludable from the finance charge determined under section 106; ``(II) such fees cover all credit extended or renewed by the creditor to the borrower for 12 months; and ``(III) the minimum amount of credit extended or available on a credit line is equal to $300 or more; ``(ii) a late fee that does not exceed either $20 per late payment or $20 per month, charged as authorized by State law or by an agreement between the creditor and the borrower; or ``(iii) a creditor-imposed fee that does not exceed $15, charged when a borrower tenders payment on a debt with a check drawn on insufficient funds. ``(B) Adjustments for inflation.--The Bureau may adjust the amounts of the tolerances established under this paragraph for inflation over time, consistent with the primary goals of protecting consumers and preventing circumvention of the 36-percent fee and interest rate limitation established under subsection (a). ``(c) Calculations.-- ``(1) Open end credit plans.--For an open end credit plan-- ``(A) the fee and interest rate shall be calculated each month, based upon the sum of all fees, charges, and payments described in subsection (b) charged by the creditor during the preceding 1-year period, divided by the average daily balance; and ``(B) if the credit account has been open less than 1 year, the fee and interest rate shall be calculated based upon the total of all fees, charges, and payments described in subsection (b)(1) charged by the creditor since the plan was opened, divided by the average daily balance, and multiplied by the quotient of 12 divided by the number of full months that the credit plan has been in existence. ``(2) Other credit plans.--For purposes of this section, in calculating the fee and interest rate, the Bureau shall require the method of calculation of annual percentage rate specified in section 107(a)(1), except that the amount referred to in that section 107(a)(1) as the `finance charge' shall include all fees, charges, and payments described in subsection (b)(1) of this section. ``(3) Adjustments authorized.--The Bureau may make adjustments to the calculations in paragraphs (1) and (2), if the primary goal of such adjustment is to protect consumers and to prevent circumvention of the 36-percent fee and interest rate limitation established under subsection (a). ``(d) Definition of Creditor.--As used in this section, the term `creditor' has the same meaning as in section 702(e) of the Equal Credit Opportunity Act (15 U.S.C. 1691a(e)). ``(e) No Exemptions Permitted.--The exemption authority of the Bureau under section 105 shall not apply to this section or to the disclosure requirements under section 127(b)(6). ``(f) Disclosure of Fee and Interest Rate for Credit Other Than Open End Credit Plans.--In addition to the disclosure requirements under section 127(b)(6), the Bureau may prescribe regulations requiring disclosure of the fee and interest rate established under this section. ``(g) Relation to State Law.--Nothing in this section may be construed to preempt any provision of State law that provides greater protection to consumers than is provided in this section. ``(h) Civil Liability and Enforcement.--In addition to remedies available to the consumer under section 130(a), any payment compensating a creditor or prospective creditor, to the extent that such payment is a transaction made in violation of this section, shall be null and void, and not enforceable by any party in any court or alternative dispute resolution forum, and the creditor or any subsequent holder of the obligation shall promptly return to the consumer any principal, interest, charges, and fees, and any security interest associated with such transaction. Notwithstanding any statute of limitations or repose, a violation of this section may be raised as a matter of defense by recoupment or setoff to an action to collect such debt or repossess related security at any time. ``(i) Violations.--Any person that violates this section, or seeks to enforce an agreement made in violation of this section, shall be subject to, for each such violation, 1 year in prison and a fine in an amount equal to the greater of-- ``(1) 3 times the amount of the total accrued debt associated with the subject transaction; or ``(2) $50,000. ``(j) State Attorneys General.--An action to enforce this section may be brought by the appropriate State attorney general in any United States district court or any other court of competent jurisdiction within 3 years from the date of the violation, and such attorney general may obtain injunctive relief.''. SEC. 4. DISCLOSURE OF FEE AND INTEREST RATE FOR OPEN END CREDIT PLANS. Section 127(b)(6) of the Truth in Lending Act (15 U.S.C. 1637(b)(6)) is amended by striking ``the total finance charge expressed'' and all that follows through the end of the paragraph and inserting ``the fee and interest rate, displayed as `FAIR', established under section 140B.''.

Protecting Consumers from Unreasonable Credit Rates Act of 2017 This bill amends the Truth in Lending Act to prohibit a creditor from extending credit to a consumer under an open end consumer credit plan (credit card) for which the fee and interest rate exceeds 36%. The bill also sets forth criminal penalties for violations and empowers state Attorneys General to enforce the bill. Credit card billing statements must include the fee and interest rate, displayed as "FAIR," instead of the total finance charge expressed as an annual percentage rate (APR).

Protecting Consumers from Unreasonable Credit Rates Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Invest in Innovative Small Businesses Act''. SEC. 2. ANGEL INVESTMENT TAX CREDIT. (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. 30E. ANGEL INVESTMENT TAX CREDIT. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 25 percent of the qualified equity investments made by a qualified investor during the taxable year. ``(b) Qualified Equity Investment.--For purposes of this section-- ``(1) In general.--The term `qualified equity investment' means any equity investment in a qualified small business entity if-- ``(A) such investment is acquired by the taxpayer at its original issue (directly or through an underwriter) solely in exchange for cash, and ``(B) such investment is designated for purposes of this section by the qualified small business entity. ``(2) Equity investment.--The term `equity investment' means-- ``(A) any form of equity, including a general or limited partnership interest, common stock, preferred stock (other than nonqualified preferred stock as defined in section 351(g)(2)), with or without voting rights, without regard to seniority position and whether or not convertible into common stock or any form of subordinate or convertible debt, or both, with warrants or other means of equity conversion, and ``(B) any capital interest in an entity which is a partnership. ``(3) Redemptions.--A rule similar to the rule of section 1202(c)(3) shall apply for purposes of this subsection. ``(c) Qualified Small Business Entity.--For purposes of this section-- ``(1) In general.--The term `qualified small business entity' means any domestic corporation or partnership if such corporation or partnership-- ``(A) is a small business (as defined in section 41(b)(3)(D)(iii)), ``(B) has its headquarters in the United States, ``(C) is engaged in a high technology trade or business related to-- ``(i) advanced materials, nanotechnology, or precision manufacturing, ``(ii) aerospace, aeronautics, or defense, ``(iii) biotechnology or pharmaceuticals, ``(iv) electronics, semiconductors, software, or computer technology, ``(v) energy, environment, or clean technologies, ``(vi) forest products or agriculture, ``(vii) information technology, communication technology, digital media, or photonics, ``(viii) life sciences or medical sciences, ``(ix) marine technology or aquaculture, ``(x) transportation, or ``(xi) any other high technology trade or business as determined by the Secretary, ``(D) has been in existence for less than 5 years as of the date of the qualified equity investment, ``(E) employs less than 100 full-time equivalent employees as of the date of such investment, ``(F) has more than 50 percent of the employees performing substantially all of their services in the United States as of the date of such investment, and ``(G) has equity investments designated for purposes of this paragraph. ``(2) Designation of equity investments.--For purposes of paragraph (1)(G), an equity investment shall not be treated as designated if such designation would result in the aggregate amount which may be taken into account under this section with respect to equity investments in such corporation or partnership exceeds-- ``(A) $10,000,000, taking into account the total amount of all qualified equity investments made by all taxpayers for the taxable year and all preceding taxable years, ``(B) $2,000,000, taking into account the total amount of all qualified equity investments made by all taxpayers for such taxable year, and ``(C) $1,000,000, taking into account the total amount of all qualified equity investments made by the taxpayer for such taxable year. ``(d) Qualified Investor.--For purposes of this section-- ``(1) In general.--The term `qualified investor' means an accredited investor, as defined by the Securities and Exchange Commission, investor network, or investor fund who review new or proposed businesses for potential investment. ``(2) Investor network.--The term `investor network' means a group of accredited investors organized for the sole purpose of making qualified equity investments. ``(3) Investor fund.-- ``(A) In general.--The term `investor fund' means a corporation that for the applicable taxable year is treated as an S corporation or a general partnership, limited partnership, limited liability partnership, trust, or limited liability company and which for the applicable taxable year is not taxed as a corporation. ``(B) Allocation of credit.-- ``(i) In general.--Except as provided in clause (ii), the credit allowed under subsection (a) shall be allocated to the shareholders or partners of the investor fund in proportion to their ownership interest or as specified in the fund's organizational documents, except that tax-exempt investors shall be allowed to transfer their interest to investors within the fund in exchange for future financial consideration. ``(ii) Single member limited liability company.--If the investor fund is a single member limited liability company that is disregarded as an entity separate from its owner, the credit allowed under subsection (a) may be claimed by such limited liability company's owner, if such owner is a person subject to the tax under this title. ``(4) Exclusion.--The term `qualified investor' does not include-- ``(A) a person controlling at least 50 percent of the qualified small business entity, ``(B) an employee of such entity, or ``(C) any bank, bank and trust company, insurance company, trust company, national bank, savings association or building and loan association for activities that are a part of its normal course of business. ``(e) National Limitation on Amount of Investments Designated.-- ``(1) In general.--There is an angel investment tax credit limitation of $500,000,000 for each of calendar years 2018 through 2022. ``(2) Allocation of limitation.--The limitation under paragraph (1) shall be allocated by the Secretary among qualified small business entities selected by the Secretary. ``(3) Carryover of unused limitation.--If the angel investment tax credit limitation for any calendar year exceeds the aggregate amount allocated under paragraph (2) for such year, such limitation for the succeeding calendar year shall be increased by the amount of such excess. No amount may be carried under the preceding sentence to any calendar year after 2027. ``(f) Application With Other Credits.-- ``(1) Business credit treated as part of general business credit.--Except as provided in paragraph (2), the credit which would be allowed under subsection (a) for any taxable year (determined without regard to this subsection) shall be treated as a credit listed in section 38(b) for such taxable year (and not allowed under subsection (a)). ``(2) Personal credit.-- ``(A) In general.--In the case of an individual who elects the application of this paragraph, for purposes of this title, the credit allowed under subsection (a) for any taxable year (determined after application of paragraph (1)) shall be treated as a credit allowable under subpart A for such taxable year. ``(B) Limitation based on amount of tax.--In the case of a taxable year to which section 26(a)(2) does not apply, the credit allowed under subpart A for any taxable year (determined after application of paragraph (1)) by reason of subparagraph (A) shall not exceed the excess of-- ``(i) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(ii) the sum of the credits allowable under subpart A (other than this section) and section 27 for the taxable year. ``(C) Carryforward of unused credit.--If the credit allowable under subsection (a) by reason of subparagraph (A) exceeds the limitation imposed by section 26(a)(1) or subparagraph (B), whichever is applicable, for such taxable year, reduced by the sum of the credits allowable under subpart A (other than this section) for such taxable year, such excess shall be carried to each of the succeeding 20 taxable years to the extent that such unused credit may not be taken into account under subsection (a) by reason of subparagraph (A) for a prior taxable year because of such limitation. ``(g) Special Rules.-- ``(1) Related parties.--For purposes of this section-- ``(A) In general.--All related persons shall be treated as 1 person. ``(B) Related persons.--A person shall be treated as related to another person if the relationship between such persons would result in the disallowance of losses under section 267 or 707(b). ``(2) Basis.--For purposes of this subtitle, the basis of any investment with respect to which a credit is allowable under this section shall be reduced by the amount of such credit so allowed. This subsection shall not apply for purposes of sections 1202, 1397B, and 1400B. ``(3) Recapture.--The Secretary shall, by regulations, provide for recapturing the benefit of any credit allowable under subsection (a) with respect to any qualified equity investment which is held by the taxpayer less than 3 years, except that no benefit shall be recaptured in the case of-- ``(A) transfer of such investment by reason of the death of the taxpayer, ``(B) transfer between spouses, ``(C) transfer incident to the divorce (as defined in section 1041) of such taxpayer, or ``(D) a transaction to which section 381(a) applies (relating to certain acquisitions of the assets of one corporation by another corporation). ``(h) Regulations.--The Secretary shall prescribe such regulations as may be appropriate to carry out this section, including regulations-- ``(1) which prevent the abuse of the purposes of this section, ``(2) which impose appropriate reporting requirements, and ``(3) which apply the provisions of this section to newly formed entities.''. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of the Internal Revenue Code of 1986 is amended-- (1) in paragraph (35), by striking ``plus''; (2) in paragraph (36), by striking the period at the end and inserting ``, plus''; and (3) by adding at the end the following new paragraph: ``(37) the portion of the angel investment tax credit to which section 30E(f)(1) applies.''. (c) Conforming Amendments.-- (1) Section 1016(a) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting ``, and'', and by inserting after paragraph (37) the following new paragraph: ``(38) to the extent provided in section 30E(g)(2).''. (d) Clerical Amendment.--The table of sections for 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 item: ``Sec. 30E. Angel investment tax credit.''. (e) Effective Date.--The amendments made by this section shall apply to investments made after December 31, 2017, in taxable years ending after such date. (f) Regulations on Allocation of National Limitation.--Not later than 120 days after the date of the enactment of this Act, the Secretary of the Treasury or the Secretary's delegate shall prescribe regulations which specify-- (1) how small business entities shall apply for an allocation under section 30E(e)(2) of the Internal Revenue Code of 1986, as added by this section; (2) the competitive procedure through which such allocations are made; (3) the criteria for determining an allocation to a small business entity, including-- (A) whether the small business entity is located in a State that is historically underserved by angel investors and venture capital investors; (B) whether the small business entity has received an angel investment tax credit, or its equivalent, from the State in which the small business entity is located and registered; (C) whether small business entities in low-, medium-, and high-population density States are receiving allocations; and (D) whether the small business entity has been awarded a Small Business Innovative Research or Small Business Technology Transfer grant from a Federal agency; (4) the actions that such Secretary or delegate shall take to ensure that such allocations are properly made to qualified small business entities; and (5) the actions that such Secretary or delegate shall take to ensure that angel investment tax credits are allocated and issued to the taxpayer. (g) Audit and Report.--Not later than January 31, 2021, the Comptroller General of the United States, pursuant to an audit of the angel investment tax credit program established under section 30E of the Internal Revenue Code of 1986 (as added by subsection (a)), shall report to Congress on such program, including all qualified small business entities that receive an allocation of an angel investment credit under such section.

Invest in Innovative Small Businesses Act This bill amends the Internal Revenue Code to allow a new business-related tax credit equal to 25% of the equity investments made by a qualified investor  in a domestic corporation or partnership that: is a small business, has its headquarters in the United States, is engaged in a specified high technology trade or business, has been in existence for less than 5 years, employs fewer than 100 full-time employees, has more than 50% of its employees performing substantially all of their services in the United States, and has certain equity investments designated for the purposes of this bill that do not exceed specified amounts. The bill limits the allowable amount of such credit to the excess of the sum of regular tax liability, plus the tax under provisions regarding the alternative minimum tax, over the sum of specified tax credits allowed for the year. It also imposes an overall limitation on such credit of $500 million for each of calendar years 2018 through 2022.

Invest in Innovative Small Businesses Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Pediatric Research Network Act of 2012''. SEC. 2. NATIONAL PEDIATRIC RESEARCH NETWORK. Section 409D of the Public Health Service Act (42 U.S.C. 284h; relating to the Pediatric Research Initiative) is amended-- (1) by redesignating subsection (d) as subsection (f); and (2) by inserting after subsection (c) the following: ``(d) National Pediatric Research Network.-- ``(1) Network.--In carrying out the Initiative, the Director of NIH, acting through the Director of the Eunice Kennedy Shriver National Institute of Child Health and Human Development and in collaboration with other appropriate national research institutes and national centers that carry out activities involving pediatric research, may provide for the establishment of a National Pediatric Research Network consisting of the pediatric research consortia receiving awards under paragraph (2). ``(2) Pediatric research consortia.-- ``(A) In general.--The Director of the Institute may award cooperative agreements and grants to public or private nonprofit entities-- ``(i) for planning, establishing, or strengthening pediatric research consortia; and ``(ii) for providing basic operating support for such consortia, including with respect to-- ``(I) basic, clinical, behavioral, or translational research to meet unmet needs for pediatric research; and ``(II) training researchers in pediatric research techniques. ``(B) Research.--The Director of NIH shall ensure that-- ``(i) each consortium receiving an award under subparagraph (A) conducts or supports at least one category of research described in subparagraph (A)(ii)(I) and collectively such consortia conduct or support all such categories of research; and ``(ii) one or more such consortia provides training described in subparagraph (A)(ii)(II). ``(C) Number of consortia.--The Director of NIH may make awards under this paragraph for not more than 20 pediatric research consortia. ``(D) Organization of consortium.--Each consortium receiving an award under subparagraph (A) shall-- ``(i) be formed from a collaboration of cooperating institutions; ``(ii) be coordinated by a lead institution; and ``(iii) meet such requirements as may be prescribed by the Director of NIH. ``(E) Supplement, not supplant.--Any support received by a consortium under subparagraph (A) shall be used to supplement, and not supplant, other public or private support for activities authorized to be supported under this paragraph. ``(F) Duration of support.--Support of a consortium under subparagraph (A) may be for a period of not to exceed 5 years. Such period may be extended by the Director of NIH for additional periods of not more than 5 years. ``(3) Coordination of consortia activities.--The Director of NIH shall-- ``(A) as appropriate, provide for the coordination of activities (including the exchange of information and regular communication) among the consortia established pursuant to paragraph (2); and ``(B) require the periodic preparation and submission to the Director of reports on the activities of each such consortium. ``(e) Research on Pediatric Rare Diseases or Conditions.-- ``(1) In general.--In making awards under subsection (d)(2) for pediatric research consortia, the Director of NIH shall ensure that an appropriate number of such awards are awarded to such consortia that agree to-- ``(A) focus primarily on pediatric rare diseases or conditions (including any such diseases or conditions that are genetic disorders (such as spinal muscular atrophy and Duchenne muscular dystrophy) or are related to birth defects (such as Down syndrome and fragile X)); ``(B) conduct or coordinate one or more multisite clinical trials of therapies for, or approaches to, the prevention, diagnosis, or treatment of one or more pediatric rare diseases or conditions; and ``(C) rapidly and efficiently disseminate scientific findings resulting from such trials. ``(2) Data coordinating center.-- ``(A) Establishment.--In connection with support of consortia described in paragraph (1), the Director of NIH shall establish a data coordinating center for the following purposes: ``(i) To distribute the scientific findings referred to in paragraph (1)(C). ``(ii) To provide assistance in the design and conduct of collaborative research projects and the management, analysis, and storage of data associated with such projects. ``(iii) To organize and conduct multisite monitoring activities. ``(iv) To provide assistance to the Centers for Disease Control and Prevention in the establishment of patient registries. ``(B) Reporting.--The Director of NIH shall-- ``(i) require the data coordinating center established under subparagraph (A) to provide regular reports to the Director of NIH and the Commissioner of Food and Drugs on research conducted by consortia described in paragraph (1), including information on enrollment in clinical trials and the allocation of resources with respect to such research; and ``(ii) as appropriate, incorporate information reported under clause (i) into the Director's biennial reports under section 403. ``(3) Definition.--In this subsection, the term `pediatric rare disease or condition' means a rare disease or condition (as defined in section 526(a)(2) of the Federal Food, Drug, and Cosmetic Act) that affects pediatric populations.''.

National Pediatric Research Network Act of 2012 - Amends the Public Health Service Act to authorize the Director of the National Institutes of Health (NIH), in carrying out the Pediatric Research Initiative, to act through the Director of the Eunice Kennedy Shriver National Institute of Child Health and Human Development and in collaboration with other appropriate national research institutes and national centers that carry out activities involving pediatric research to provide for the establishment of a National Pediatric Research Network. Authorizes the Director of the Institute to award cooperative agreements and grants to public or private nonprofit entities for: (1) planning, establishing, or strengthening pediatric research consortia; and (2) providing basic operating support for such consortia, including for pediatric research needs and training. Authorizes the Director to make awards for not more than 20 pediatric research consortia. Requires the Director to provide for the coordination of activities among the consortia and to require the periodic preparation and submission of reports on their activities. Requires the Director of NIH to ensure that an appropriate number of such awards are awarded to consortia that agree to: (1) focus primarily on pediatric rare diseases or conditions; (2) conduct or coordinate multi-site clinical trials of therapies for, or approaches to, the prevention, diagnosis, or treatment of pediatric rare diseases or conditions; and (3) disseminate trial findings. Requires the Director of NIH to establish a data coordinating center to: (1) distribute such findings; (2) provide assistance in the design and conduct of collaborative research projects and the management, analysis, and storage of data associated with such projects; (3) organize and conduct multi-site monitoring activities; (4) provide assistance to the Centers for Disease Control and Prevention (CDC) in the establishment of patient registries; and (5) report regularly on consortia research.

A bill to amend title IV of the Public Health Service Act to provide for a National Pediatric Research Network, including with respect to pediatric rare diseases or conditions.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preventing Radicalism by Exploring and Vetting its Emergence as a National Threat (PREVENT) Act''. SEC. 2. NATIONAL COMMISSION ON THE PREVENTION OF RADICALIZATION. (a) Establishment.--There is established in the legislative branch the National Commission on Radicalization and Terrorism (in this title referred to as the ``Commission''. (b) Purposes.--The purposes of the Commission are the following: (1) Examine and report upon the facts and causes relating to radicalization in the United States, including United States connections to non-United States persons and networks, radicalization in prison, individual or ``lone wolf'' radicalization, radicalization in connection with gang activity, radicalization and the use of the internet and other facets of the phenomenon of radicalization that the Commission considers important. (2) Build upon and bring together the work of other entities and avoid unnecessary duplication, by reviewing the findings, conclusions, and recommendations of-- (A) the ongoing work of the National Consortium for the Study of Terrorism and Responses to Terror, the Homeland Security Policy Institute at the George Washington University, and other academic work, as appropriate; (B) Federal, State, local or tribal studies on, reviews of, and experiences with radicalization; and (C) foreign governments and overseas experiences. (3) Report to the President and the Congress on its findings, conclusions, and recommendations for immediate and long-term countermeasures to radicalization in the United States and measures that can be taken to prevent radicalization from developing and spreading within the United States. (c) Composition of Commission.-- (1) Members.--The Commission shall be composed of 20 members, of whom-- (A) 4 members shall be appointed by the President, one of whom shall be designated by the President to serve as chairman of the Commission; (B) 1 member shall be appointed by the Senate majority leader; (C) 1 member shall be appointed by the Senate minority leader; (D) 1 member shall be appointed by the Speaker of the House of Representatives; (E) 1 member shall be appointed by the minority leader of the House of Representatives; (F) 1 member shall be appointed by the Chairman of the Homeland Security Committee of the House of Representatives; (G) 1 member shall be appointed by the ranking minority member of the Homeland Security Committee of the House of Representatives; (H) 1 member shall be appointed by the Chairman of the Permanent Select Committee on Intelligence of the House of Representatives; (I) 1 member shall be appointed by the ranking minority member of the Permanent Select Committee on Intelligence of the House of Representatives; (J) 1 member shall be appointed by the Chairman of the Judiciary Committee of the House of Representatives; (K) 1 member shall be appointed by the ranking minority member of the Judiciary Committee of the House of Representatives; (L) 1 member shall be appointed by the Chairman of the Homeland Security and Governmental Affairs Committee of the Senate; (M) 1 member shall be appointed by the ranking minority member of the Homeland Security and Governmental Affairs Committee of the Senate; (N) 1 member shall be appointed by the Chairman of the Select Committee on Intelligence of the Senate; (O) 1 member shall be appointed by the ranking minority member of the Select Committee on Intelligence of the Senate; (P) 1 member shall be appointed by the Chairman of the Judiciary Committee of the Senate; and (Q) 1 member shall be appointed by the ranking minority member of the Judiciary Committee of the Senate. (2) Qualifications.--It is the sense of Congress that individuals appointed to the Commission should be prominent United States citizens, with national recognition and significant depth of experience in such professions as law enforcement, the armed services, sociology, psychology, technology and social networking, law, public administration, intelligence, corrections, and foreign affairs. (3) Deadline for appointment.--All members of the Commission shall be appointed on or before 6 months after the date of the enactment of this Act. (d) Meetings.-- (1) Initial meeting.--The Commission shall meet and begin the operations of the Commission as soon as practicable. (2) Subsequent meetings.--After its initial meeting, the Commission shall meet upon the call of the Chairman or a majority of its members. (3) Quorum.--Eleven members of the Commission shall constitute a quorum. (e) Vacancies.--Any vacancy in the Commission shall not affect its powers, and shall be filled in the same manner in which the original appointment was made. (f) Powers of Commission.-- (1) In general.-- (A) 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 section hold hearings and sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths as may be authorized by the Commission. (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 under this section. (2) Information from federal agencies.-- (A) In general.--The Commission may secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government, information, suggestions, estimates, and statistics for the purposes of this section. The head of 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. (B) 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. (g) 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 support services as they may determine advisable and as may be authorized by law. (h) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. (i) 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. (j) Nonapplicability of Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. (k) Public Meetings.-- (1) In general.--The Commission shall hold public hearings and meetings to the extent appropriate. (2) Protection of information.--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. (l) Staff of Commission.-- (1) Appointment and compensation.--The chairman of the Commission, in consultation with the vice chairman and 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 executive director and any employees of the Commission 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. (3) 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. (4) Consultant services.--The Commission may 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. (5) Emphasis on security clearances.--Emphasis shall be made to hire employees and retain contractors and detailees with active security clearances. (m) Compensation and Travel Expenses.-- (1) Compensation.--Each member of the Commission may be compensated at 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. (2) 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. (n) Security Clearances for Commission Members and Staff.--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, except that no person shall be provided with access to classified information under this section without the appropriate security clearances. (o) Reports of Commission.-- (1) Interim reports.--The Commission may submit to the President and Congress interim reports containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members. (2) Final report.--Not later than 24 months after the date of the enactment of this Act, the Commission shall submit to the President and Congress a final report containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members. (3) Public availability.--The Commission shall release public versions of the reports required under this subsection. (p) Termination.--The Commission, and all the authorities under this section, shall terminate 60 days after the date on which the final report is submitted under subsection (o)(2). (q) Funding.-- (1) In general.--There is authorized to be appropriated to the Commission $9,000,000 for the activities of the Commission under this section. (2) Duration of availability.--Amounts made available to the Commission under paragraph (1) shall remain available until the earlier of the expenditure of the amounts or the termination of the Commission. (r) Radicalization Defined.--In this section the term ``radicalization'' means the process of adopting an extremist belief system, including the willingness to use, support, or facilitate violence, as a method to effect societal change. SEC. 3. EVALUATION OF PROTECTED CRITICAL INFRASTRUCTURE INFORMATION INCENTIVES. (a) In General.--The Secretary of Homeland Security shall work with the Center for Risk and Economic Analysis of Terrorism Events (CREATE), led by the University of Southern California, to evaluate the feasibility and practicality of creating further incentives for private sector critical infrastructure stakeholders to participate in the sharing of Protected Critical Infrastructure Information. (b) Included Incentives.--Incentives evaluated under this section shall include, but not be limited to, tax incentives, grant eligibility incentives, and certificates of compliance and other non-monetary incentives. (c) Recommendations.--The evaluation shall also include recommendations on the structure and thresholds of any incentive program.

Preventing Radicalism by Exploring and Vetting its Emergence as a National Threat (PREVENT) Act - Establishes in the legislative branch the National Commission on Radicalization and Terrorism to: (1) examine and report upon facts and causes relating to radicalization in the United States; (2) build upon the work of and work together with related advisory bodies, and review the findings of related studies and academic works; and (3) report to the President and Congress on recommendations for countermeasures to radicalization, and measures to prevent radicalization from developing and spreading, within the United States. Directs the Secretary of Homeland Security to work with the Center for Risk and Economic Analysis of Terrorism Events (CREATE), led by the University of Southern California, to evaluate the feasibility and practicality of creating further incentives for private sector critical infrastructure stakeholders to participate in the sharing of protected critical infrastructure information.

To establish a National Commission on the Prevention of Radicalization, to enhance information sharing, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Geriatric Care Act of 2001''. SEC. 2. DISREGARD OF CERTAIN GERIATRIC RESIDENTS AGAINST GRADUATE MEDICAL EDUCATION LIMITATIONS. (a) Direct GME.--Section 1886(h)(4)(F) of the Social Security Act (42 U.S.C. 1395ww(h)(4)(F)) is amended by adding at the end the following new clause: ``(iii) Increase in limitation for geriatric fellowships.--For cost reporting periods beginning on or after the date that is 6 months after the date of enactment of the Geriatric Care Act of 2001, in applying the limitations regarding the total number of full- time equivalent residents in the field of allopathic or osteopathic medicine under clause (i) for a hospital, the Secretary shall not take into account a maximum of 3 residents enrolled in a fellowship in geriatric medicine within an approved medical residency training program to the extent that the hospital increases the number of geriatric residents above the number of such residents for the hospital's most recent cost reporting period ending before the date that is 6 months after the date of enactment of such Act.''. (b) Indirect GME.--Section 1886(d)(5)(B) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(B)) is amended by adding at the end the following new clause: ``(ix) Clause (iii) of subsection (h)(4)(F) shall apply to clause (v) in the same manner and for the same period as such clause (iii) applies to clause (i) of such subsection.''. SEC. 3. MEDICARE COVERAGE OF CARE COORDINATION AND ASSESSMENT SERVICES. (a) Part B Coverage of Care Coordination and Assessment Services.-- Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)), as amended by section 105(a) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (114 Stat. 2763A-471), as enacted into law by section 1(a)(6) of Public Law 106-554, is amended-- (1) in subparagraph (U), by striking ``and'' at the end; (2) in subparagraph (V), by inserting ``and'' after the semicolon at the end; and (3) by adding at the end the following new subparagraph: ``(W) care coordination and assessment services (as defined in subsection (ww)).''. (b) Care Coordination and Assessment Services Defined.--Section 1861 of the Social Security Act (42 U.S.C. 1395x), as amended by section 105(b) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (114 Stat. 2763A-471), as enacted into law by section 1(a)(6) of Public Law 106-554), is amended by adding at the end the following new subsection: ``Care Coordination and Assessment Services; Qualified Frail Elderly or At-Risk Individual; Care Coordinator ``(ww)(1) The term `care coordination and assessment services' means services that are furnished to a qualified frail elderly or at- risk individual (as defined in paragraph (2)) by a care coordinator (as defined in paragraph (3)) under a plan of care prescribed by such care coordinator for the purpose of care coordination and assessment, which may include any of the following services: ``(A) An initial and periodic health screening and assessment. ``(B) The management of, and referral for, medical and other health services, including multidisciplinary care conferences and coordination with other providers. ``(C) The monitoring and management of medications, particularly with respect to the management on behalf of a qualified frail elderly or at-risk individual of multiple medications prescribed for that individual. ``(D) Patient and family caregiver education and counseling services. ``(E) Self-management services, including health education and risk appraisal to identify behavioral risk factors through self-assessment. ``(F) Providing access for consultations by telephone with physicians and other appropriate health care professionals, including 24-hour availability of such professionals for emergency consultations. ``(G) Coordination with the principal nonprofessional caregiver in the home. ``(H) Managing and facilitating transitions among health care professionals and across settings of care. ``(I) Activities that facilitate continuity of care and patient adherence to plans of care. ``(J) Such other services for which payment would not otherwise be made under this title as the Secretary determines to be appropriate. ``(2) For purposes of this subsection, the term `qualified frail elderly or at-risk individual' means an individual who a care coordinator certifies-- ``(A) is at risk of institutionalization, functional decline, or death because the individual is an individual-- ``(i) with 2 or more serious and disabling chronic conditions; ``(ii) who is unable to carry out 2 or more than activities of daily living (as described in section 7702B(c)(2)(B) of the Internal Revenue Code of 1986) without the assistance of another individual or the use of an assistive device; ``(iii) who is cognitively impaired or has severe depression; ``(iv) who has a poor self-rating of health status, as determined using a survey instrument specified by the Secretary, such as SF 36; ``(v) who, because of their physical or mental condition, would satisfy the requirements (other than with respect to income and assets) for receiving nursing facility services under the medicaid program in the individual's State of residence; or ``(vi) for whom professional coordination of care and assessment can reasonably be expected to improve outcomes of health care or prevent, delay, or minimize disability progression; or ``(B) has a severity of condition that makes the individual frail or disabled (as determined under guidelines approved by the Secretary). ``(3)(A) For purposes of this subsection, the term `care coordinator' means an individual or entity that-- ``(i) is-- ``(I) a physician (as defined in subsection (r)(1)); or ``(II) a practitioner described in section 1842(b)(18)(C) or an entity that meets such conditions as the Secretary may specify (which may include physicians, physician group practices, or other health care professionals or entities the Secretary may find appropriate) and that is under the appropriate supervision of a physician; ``(ii) has entered into a care coordination agreement with the Secretary; and ``(iii) meets such other criteria as the Secretary may establish (which may include experience in the provision of care coordination or primary care physicians' services). ``(B) For purposes of subparagraph (A)(ii), each care coordination agreement shall-- ``(i) be entered into for a period of 1 year and may be renewed if the Secretary is satisfied that the care coordinator continues to meet the conditions of participation specified in subparagraph (A); ``(ii) assure the compliance of the care coordinator with such data collection and reporting requirements as the Secretary determines necessary to assess the effect of care coordination on health outcomes; and ``(iii) contain such other terms and conditions as the Secretary may require.''. (c) Payment and Elimination of Coinsurance.-- (1) In general.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)), as amended by section 223(c) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (114 Stat. 2763A-489), as enacted into law by section 1(a)(6) of Public Law 106-554, is amended-- (A) by striking ``and (U)'' and inserting ``(U)''; and (B) by inserting before the semicolon at the end the following: ``, and (V) with respect to care coordination and assessment services described in section 1861(s)(2)(W), the amounts paid shall be 100 percent of the lesser of the actual charge for the service or the amount determined under the payment basis determined under section 1848 by the Secretary for such service''. (2) Payment under physician fee schedule.--Section 1848(j)(3) (42 U.S.C. 1395w-4(j)(3)) is amended by inserting ``(2)(W),'' after ``(2)(S),''. (3) Elimination of coinsurance in outpatient hospital settings.--The third sentence of section 1866(a)(2)(A) of the Social Security Act (42 U.S.C. 1395cc(a)(2)(A)) is amended by inserting after ``1861(s)(10)(A)'' the following: ``, with respect to care coordination and assessment services (as defined in section 1861(ww)(1)),''. (d) Application of Limits on Billing.--Section 1842(b)(18)(C) of the Social Security Act (42 U.S.C. 1395u(b)(18)(C)), as amended by section 105(d) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (114 Stat. 2763A-472), as enacted into law by section 1(a)(6) of Public Law 106-554, is amended by adding at the end the following new clause: ``(vii) A care coordinator (as defined in section 1861(ww)(3)) that is not a physician.''. (e) Exception to Limits on Physician Referrals.--Section 1877(b) of the Social Security Act (42 U.S.C. 1395nn(b)) is amended-- (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following new paragraph: ``(4) Private sector purchasing and quality improvement tools for original medicare.--In the case of a designated health service, if the designated health service is-- ``(A) a care coordination and assessment service (as defined in section 1861(ww)(1)); and ``(B) provided by a care coordinator (as defined in paragraph (3) of such section).''. (f) Rulemaking.--The Secretary of Health and Human Services shall define such terms and establish such procedures as the Secretary determines necessary to implement the provisions of this section. (g) Effective Date.--The amendments made by this section shall apply to care coordination and assessment services furnished on or after January 1, 2002.

Geriatric Care Act of 2001 - Amends title XVIII (Medicare) of the Social Security Act (SSA) with respect to payments to hospitals for direct graduate medical education costs and the limitation on the number of full-time-equivalent residents in allopathic and osteopathic medicine. Provides for the disregard of up to three geriatric residents in applying such limitation.Amends SSA title XVIII, as amended by the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000, to provide for Medicare coverage of care coordination and assessment services.

A bill to amend title XVIII of the Social Security Act to permit expansion of medical residency training programs in geriatric medicine and to provide for reimbursement of care coordination and assessment services provided under the medicare program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Matthew Shepard Local Law Enforcement Hate Crimes Prevention Act of 2007''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The incidence of violence motivated by the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of the victim poses a serious national problem. (2) Such violence disrupts the tranquility and safety of communities and is deeply divisive. (3) State and local authorities are now and will continue to be responsible for prosecuting the overwhelming majority of violent crimes in the United States, including violent crimes motivated by bias. These authorities can carry out their responsibilities more effectively with greater Federal assistance. (4) Existing Federal law is inadequate to address this problem. (5) A prominent characteristic of a violent crime motivated by bias is that it devastates not just the actual victim and the family and friends of the victim, but frequently savages the community sharing the traits that caused the victim to be selected. (6) Such violence substantially affects interstate commerce in many ways, including the following: (A) The movement of members of targeted groups is impeded, and members of such groups are forced to move across State lines to escape the incidence or risk of such violence. (B) Members of targeted groups are prevented from purchasing goods and services, obtaining or sustaining employment, or participating in other commercial activity. (C) Perpetrators cross State lines to commit such violence. (D) Channels, facilities, and instrumentalities of interstate commerce are used to facilitate the commission of such violence. (E) Such violence is committed using articles that have traveled in interstate commerce. (7) For generations, the institutions of slavery and involuntary servitude were defined by the race, color, and ancestry of those held in bondage. Slavery and involuntary servitude were enforced, both prior to and after the adoption of the 13th amendment to the Constitution of the United States, through widespread public and private violence directed at persons because of their race, color, or ancestry, or perceived race, color, or ancestry. Accordingly, eliminating racially motivated violence is an important means of eliminating, to the extent possible, the badges, incidents, and relics of slavery and involuntary servitude. (8) Both at the time when the 13th, 14th, and 15th amendments to the Constitution of the United States were adopted, and continuing to date, members of certain religious and national origin groups were and are perceived to be distinct ``races''. Thus, in order to eliminate, to the extent possible, the badges, incidents, and relics of slavery, it is necessary to prohibit assaults on the basis of real or perceived religions or national origins, at least to the extent such religions or national origins were regarded as races at the time of the adoption of the 13th, 14th, and 15th amendments to the Constitution of the United States. (9) Federal jurisdiction over certain violent crimes motivated by bias enables Federal, State, and local authorities to work together as partners in the investigation and prosecution of such crimes. (10) The problem of crimes motivated by bias is sufficiently serious, widespread, and interstate in nature as to warrant Federal assistance to States, local jurisdictions, and Indian tribes. SEC. 3. DEFINITION OF HATE CRIME. In this Act-- (1) the term ``crime of violence'' has the meaning given that term in section 16, title 18, United States Code; (2) the term ``hate crime'' has the meaning given such term in section 280003(a) of the Violent Crime Control and Law Enforcement Act of 1994 (28 U.S.C. 994 note); and (3) the term ``local'' means a county, city, town, township, parish, village, or other general purpose political subdivision of a State. SEC. 4. SUPPORT FOR CRIMINAL INVESTIGATIONS AND PROSECUTIONS BY STATE, LOCAL, AND TRIBAL LAW ENFORCEMENT OFFICIALS. (a) Assistance Other Than Financial Assistance.-- (1) In general.--At the request of State, local, or Tribal law enforcement agency, the Attorney General may provide technical, forensic, prosecutorial, or any other form of assistance in the criminal investigation or prosecution of any crime that-- (A) constitutes a crime of violence; (B) constitutes a felony under the State, local, or Tribal laws; and (C) is motivated by prejudice based on the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of the victim, or is a violation of the State, local, or Tribal hate crime laws. (2) Priority.--In providing assistance under paragraph (1), the Attorney General shall give priority to crimes committed by offenders who have committed crimes in more than one State and to rural jurisdictions that have difficulty covering the extraordinary expenses relating to the investigation or prosecution of the crime. (b) Grants.-- (1) In general.--The Attorney General may award grants to State, local, and Indian law enforcement agencies for extraordinary expenses associated with the investigation and prosecution of hate crimes. (2) Office of justice programs.--In implementing the grant program under this subsection, the Office of Justice Programs shall work closely with grantees to ensure that the concerns and needs of all affected parties, including community groups and schools, colleges, and universities, are addressed through the local infrastructure developed under the grants. (3) Application.-- (A) In general.--Each State, local, and Indian law enforcement agency that desires a grant under this subsection shall submit an application to the Attorney General at such time, in such manner, and accompanied by or containing such information as the Attorney General shall reasonably require. (B) Date for submission.--Applications submitted pursuant to subparagraph (A) shall be submitted during the 60-day period beginning on a date that the Attorney General shall prescribe. (C) Requirements.--A State, local, and Indian law enforcement agency applying for a grant under this subsection shall-- (i) describe the extraordinary purposes for which the grant is needed; (ii) certify that the State, local government, or Indian tribe lacks the resources necessary to investigate or prosecute the hate crime; (iii) demonstrate that, in developing a plan to implement the grant, the State, local, and Indian law enforcement agency has consulted and coordinated with nonprofit, nongovernmental victim services programs that have experience in providing services to victims of hate crimes; and (iv) certify that any Federal funds received under this subsection will be used to supplement, not supplant, non-Federal funds that would otherwise be available for activities funded under this subsection. (4) Deadline.--An application for a grant under this subsection shall be approved or denied by the Attorney General not later than 30 business days after the date on which the Attorney General receives the application. (5) Grant amount.--A grant under this subsection shall not exceed $100,000 for any single jurisdiction in any 1-year period. (6) Report.--Not later than December 31, 2008, the Attorney General shall submit to Congress a report describing the applications submitted for grants under this subsection, the award of such grants, and the purposes for which the grant amounts were expended. (7) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $5,000,000 for each of fiscal years 2008 and 2009. SEC. 5. GRANT PROGRAM. (a) Authority to Award Grants.--The Office of Justice Programs of the Department of Justice may award grants, in accordance with such regulations as the Attorney General may prescribe, to State, local, or Tribal programs designed to combat hate crimes committed by juveniles, including programs to train local law enforcement officers in identifying, investigating, prosecuting, and preventing hate crimes. (b) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section. SEC. 6. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO ASSIST STATE, LOCAL, AND TRIBAL LAW ENFORCEMENT. There are authorized to be appropriated to the Department of the Treasury and the Department of Justice, including the Community Relations Service, for fiscal years 2008, 2009, and 2010 such sums as are necessary to increase the number of personnel to prevent and respond to alleged violations of section 249 of title 18, United States Code, as added by section 7 of this Act. SEC. 7. PROHIBITION OF CERTAIN HATE CRIME ACTS. (a) In General.--Chapter 13 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 249. Hate crime acts ``(a) In General.-- ``(1) Offenses involving actual or perceived race, color, religion, or national origin.--Whoever, whether or not acting under color of law, willfully causes bodily injury to any person or, through the use of fire, a firearm, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived race, color, religion, or national origin of any person-- ``(A) shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and ``(B) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if-- ``(i) death results from the offense; or ``(ii) the offense includes kidnaping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill. ``(2) Offenses involving actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability.-- ``(A) In general.--Whoever, whether or not acting under color of law, in any circumstance described in subparagraph (B), willfully causes bodily injury to any person or, through the use of fire, a firearm, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived religion, national origin, gender, sexual orientation, gender identity or disability of any person-- ``(i) shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and ``(ii) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if-- ``(I) death results from the offense; or ``(II) the offense includes kidnaping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill. ``(B) Circumstances described.--For purposes of subparagraph (A), the circumstances described in this subparagraph are that-- ``(i) the conduct described in subparagraph (A) occurs during the course of, or as the result of, the travel of the defendant or the victim-- ``(I) across a State line or national border; or ``(II) using a channel, facility, or instrumentality of interstate or foreign commerce; ``(ii) the defendant uses a channel, facility, or instrumentality of interstate or foreign commerce in connection with the conduct described in subparagraph (A); ``(iii) in connection with the conduct described in subparagraph (A), the defendant employs a firearm, explosive or incendiary device, or other weapon that has traveled in interstate or foreign commerce; or ``(iv) the conduct described in subparagraph (A)-- ``(I) interferes with commercial or other economic activity in which the victim is engaged at the time of the conduct; or ``(II) otherwise affects interstate or foreign commerce. ``(b) Certification Requirement.--No prosecution of any offense described in this subsection may be undertaken by the United States, except under the certification in writing of the Attorney General, the Deputy Attorney General, the Associate Attorney General, or any Assistant Attorney General specially designated by the Attorney General that-- ``(1) such certifying individual has reasonable cause to believe that the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of any person was a motivating factor underlying the alleged conduct of the defendant; and ``(2) such certifying individual has consulted with State or local law enforcement officials regarding the prosecution and determined that-- ``(A) the State does not have jurisdiction or does not intend to exercise jurisdiction; ``(B) the State has requested that the Federal Government assume jurisdiction; ``(C) the State does not object to the Federal Government assuming jurisdiction; or ``(D) the verdict or sentence obtained pursuant to State charges left demonstratively unvindicated the Federal interest in eradicating bias-motivated violence. ``(c) Definitions.--In this section-- ``(1) the term `explosive or incendiary device' has the meaning given such term in section 232 of this title; ``(2) the term `firearm' has the meaning given such term in section 921(a) of this title; and ``(3) the term `gender identity' for the purposes of this chapter means actual or perceived gender-related characteristics. ``(d) Rule of Evidence.--In a prosecution for an offense under this section, evidence of expression or associations of the defendant may not be introduced as substantive evidence at trial, unless the evidence specifically relates to that offense. However, nothing in this section affects the rules of evidence governing impeachment of a witness.''. (b) Technical and Conforming Amendment.--The analysis for chapter 13 of title 18, United States Code, is amended by adding at the end the following: ``249. Hate crime acts.''. SEC. 8. STATISTICS. (a) In General.--Subsection (b)(1) of the first section of the Hate Crime Statistics Act (28 U.S.C. 534 note) is amended by inserting ``gender and gender identity,'' after ``race,''. (b) Data.--Subsection (b)(5) of the first section of the Hate Crime Statistics Act (28 U.S.C. 534 note) is amended by inserting ``, including data about crimes committed by, and crimes directed against, juveniles'' after ``data acquired under this section''. SEC. 9. SEVERABILITY. If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of the provisions of such to any person or circumstance shall not be affected thereby.

Matthew Shepard Local Law Enforcement Hate Crimes Prevention Act of 2007 - Authorizes the Attorney General to provide technical, forensic, prosecutorial, or other assistance in the criminal investigation or prosecution of any crime that: (1) constitutes a crime of violence under federal law or a felony under state, local, or Indian tribal laws; and (2) is motivated by prejudice based on the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of the victim or is a violation of state, local, or tribal hate crime laws. Directs the Attorney General to give priority for such assistance: (1) with respect to crimes committed by offenders who have committed crimes in more than one state; and (2) to rural jurisdictions that have difficulty covering the extraordinary investigation or prosecution expenses. Authorizes the Attorney General to award grants to assist state, local, and Indian law enforcement agencies with such extraordinary expenses. Directs the Office of Justice Programs to: (1) work closely with funded jurisdictions to ensure that the concerns and needs of all affected parties are addressed; and (2) award grants to state, local or tribal programs designed to combat hate crimes committed by juveniles. Amends the federal criminal code to impose criminal penalties for causing (or attempting to cause) bodily injury to any person using fire, a firearm, or any explosive or incendiary device because of the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of such person. Amends the Hate Crimes Statistics Act to require Attorney General to: (1) acquire data on crimes that manifest evidence of prejudice based on gender and gender identity; and (2) include in an annual summary of such data crimes committed by, and against, juveniles.

A bill to provide Federal assistance to States, local jurisdictions, and Indian tribes to prosecute hate crimes, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Helping Ensure Life- and Limb-Saving Access to Podiatric Physicians Act'' or the ``HELLPP Act''. SEC. 2. INCLUDING PODIATRISTS AS PHYSICIANS UNDER THE MEDICAID PROGRAM. (a) In General.--Section 1905(a)(5)(A) of the Social Security Act (42 U.S.C. 1396d(a)(5)(A)) is amended by striking ``section 1861(r)(1)'' and inserting ``paragraphs (1) and (3) of section 1861(r)''. (b) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendment made by subsection (a) shall apply to services furnished on or after January 1, 2014. (2) Extension of effective date for state law amendment.-- In the case of a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) which the Secretary of Health and Human Services determines requires State legislation in order for the plan to meet the additional requirement imposed by the amendment made by subsection (a), the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session is considered to be a separate regular session of the State legislature. SEC. 3. MODIFICATIONS TO REQUIREMENTS FOR DIABETIC SHOES TO BE INCLUDED UNDER MEDICAL AND OTHER HEALTH SERVICES UNDER MEDICARE. (a) In General.--Section 1861(s)(12) of the Social Security Act (42 U.S.C. 1395x(s)(12)) is amended to read as follows: ``(12) subject to section 4072(e) of the Omnibus Budget Reconciliation Act of 1987, extra-depth shoes with inserts or custom molded shoes (in this paragraph referred to as `therapeutic shoes') with inserts for an individual with diabetes, if-- ``(A) the physician who is managing the individual's diabetic condition-- ``(i) documents that the individual has diabetes; ``(ii) certifies that the individual is under a comprehensive plan of care related to the individual's diabetic condition; and ``(iii) documents agreement with the prescribing podiatrist or other qualified physician (as established by the Secretary) that it is medically necessary for the individual to have such extra-depth shoes with inserts of custom molded shoes with inserts; ``(B) the therapeutic shoes are prescribed by a podiatrist or other qualified physician (as established by the Secretary) who-- ``(i) examines the individual and determines the medical necessity for the individual to receive the therapeutic shoes; and ``(ii) communicates in writing the medical necessity to a certifying doctor of medicine or osteopathy for the individual to have therapeutic shoes along with findings that the individual has peripheral neuropathy with evidence of callus formation, a history of pre- ulcerative calluses, a history of previous ulceration, foot deformity, previous amputation, or poor circulation; and ``(C) the therapeutic shoes are fitted and furnished by a podiatrist or other qualified supplier individual (as established by the Secretary), such as a pedorthist or orthotist, who is not the physician described in subparagraph (A) (unless the Secretary finds that the physician is the only such qualified individual in the area);''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to items and services furnished on or after January 1, 2014. SEC. 4. BUDGET SAVINGS: STRENGTHENING MEDICAID PROGRAM INTEGRITY THROUGH CONTINUOUS LEVY ON PAYMENTS TO MEDICAID PROVIDERS AND SUPPLIERS. (a) In General.--Section 6331(h)(2) of the Internal Revenue Code of 1986 (defining specified payment) is amended 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) any payment to any Medicaid provider or supplier under a State plan under title XIX of the Social Security Act.''. (b) Effective Date.--The amendments made by this section shall apply to levies issued after the date of the enactment of this Act.

Helping Ensure Life- and Limb-Saving Access to Podiatric Physicians Act or HELLPP Act - Amends title XIX (Medicaid) of the Social Security Act (SSA) to include podiatrists as physicians in order to cover their services under the Medicaid program. Amends SSA title XVIII (Medicare) to revise requirements for coverage of therapeutic shoes for individuals with diabetes regarding the processes of: (1) documentation by a physician of, and certification of a comprehensive plan of care related to, the diabetic condition; (2) prescription by a podiatrist or other qualified physician upon a finding of the medical necessity for the therapeutic shoes, including findings communicated to a certifying doctor of medicine or osteopathy of certain related foot conditions; and (3) fitting and supplying the shoes. Amends the Internal Revenue Code to subject to the continuing levy upon property and property rights, for collection of unpaid taxes, any payments made to a Medicaid provider or supplier.

HELLPP Act

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This act may be cited as the Cooperative Units of Research in Infectious Disease (CURID) of 1994. (b) Findings.--Congress finds that-- (1) despite the development of modern technology for water purification, food preparation, sterilization and disinfection coupled with the discovery of antibiotics and a limited number of highly effective vaccines, the advent of AIDS, the re- emergence of tuberculosis, the emergence of newly infectious agents and a significant increase in food and water borne diseases in recent years pose new threats to the health and well-being of all citizens; (2) the era of molecular biology and intensive research efforts in AIDS have produced powerful technology for the rapid and sensitive detection of new infectious agents which have resulted in the development of new concepts of infectious diseases; (3) advances in the scientific understanding of the functions of the human body's defense mechanisms and the critical roles of both the patient and the infecting agent's genetic characteristics are rapidly leading to the belief that a number of chronic diseases of humans presently of unknown etiology may be caused by infectious agents; (4) chronic illnesses like lung, arthritis and related diseases are increasing at alarming rates and, according to 1994 National Centers for Disease Control and Prevention data, the incidence of arthritis alone is estimated to increase by 57 percent and affect 54.9 million people in the United States by the year 2020; (5) the economic losses associated with these disabling diseases will continue to cost our society billions of dollars annually if the Federal Government does not invest in essential research initiatives designed to build upon our ability to detect new infectious agents and fully investigate new concepts of the etiology of chronic diseases; (6) determining and demonstrating causality of diseases like chronic lung disease, rheumatoid arthritis and rheumatic diseases by an infectious agent could lead to early and accurate diagnosis and treatment of the disease which would dramatically reduce medical costs and morbidity and mortality; and (7) addressing the potential role of infectious agents in chronic diseases necessitates a different research approach than currently exists and sustained funding of collaborative research groups. SEC. 2. SPECIFIC PROVISIONS; ESTABLISHMENT OF COOPERATIVE UNITS OF RESEARCH IN INFECTIOUS DISEASES. (a) In General.--Infectious Disease Research and Clinical Units of Excellence will be established jointly by the National Institute of Allergy and Infectious Diseases of the National Institutes of Health and the National Center for Infectious Diseases of the National Centers for Disease Control and Prevention. (b) Purpose.--These cooperative units will be dedicated to finding the cause, prevention and cure of chronic inflammatory diseases of suspected infectious etiology and committed to giving priority to diseases like arthritis and chronic lung disease which hold the most promise for beneficial research results. (c) Establishment of Units.--The establishment of the Infectious Disease Research and Clinical Units of Excellence shall be based upon past research performance of researchers working on specific microorganisms. (1) The units will be responsible for-- (A) evaluation of patient specimens for the presence of infectious agents; (B) characterization of the immune response to these infectious agents; and (C) characterization of the genetic background of patients. (2) Personnel to staff these units will be selected based upon the proven track record of individuals who-- (A) have demonstrated the capability of using molecular diagnostic techniques for detection of fastitious infectious agents; and (B) possess proven clinical experience. (3) The units will provide laboratory support for a network of Clinical Units for patient enrollment and patient management. (4) National Center for Infectious Diseases of the National Centers for Disease Control and Prevention will provide the epidemiological and investigative skills for a network of Clinical Units. (5) The initial period of grant funding for the units will be up to ten but no less than five years. (d) Coordination of Research Program and Development of Strategic Research Plan.--The National Institute of Allergy and Infectious Diseases shall be the lead agency. (1) The Director of the National Institute of Allergy and Infectious Diseases shall be responsible for the establishment of no more than 10 research and clinical units at any given time. (2) The designation of research and clinical units shall be carried out in consultation with the Director of the National Center for Infectious Diseases as well as expert extramural scientists. (3) The directors of the research and clinical units will be responsible for the development of the research plan. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $25,000,000 for each of the fiscal years 1996 through 2006. At the end of this 10 year period, the effectiveness of this research approach will be evaluated and the need for future funding, if any, will be determined by the National Advisory Councils of the National Institute of Allergy and Infectious Diseases and the National Center for Infectious Diseases. The National Advisory Councils shall submit a report of its findings and recommendations to the appropriate authorizing committees of the House and the Senate.

Cooperative Units of Research in Infectious Disease (CURID) Act of 1994 - Requires Infectious Disease Research and Clinical Units of Excellence to be established jointly by the National Institute of Allergy and Infectious Diseases (NIAID) of the National Institutes of Health and the National Center for Infectious Diseases of the National Centers for Disease Control and Prevention. Provides that the Units will be dedicated to finding the cause, prevention, and cure of chronic inflammatory diseases of suspected infectious etiology and committed to giving priority to diseases like arthritis and chronic lung disease which hold the most promise for beneficial research results. Requires the establishment of the Units to be based upon past research performance of researchers working on specific microorganisms. Makes the Units responsible for: (1) evaluation of patient specimens for the presence of infectious agents; (2) characterization of the immune response to these infectious agents; and (3) characterization of the genetic background of patients. Sets forth provisions regarding personnel, laboratory support, networking, and the initial period of grant funding. Makes NIAID the lead agency. Apportions responsibility for various aspects of the research program and development of a strategic research plan. Authorizes appropriations.

Cooperative Units of Research in Infectious Disease (CURID) of 1994

SECTION 1. TREATMENT OF CERTAIN AMOUNTS RECEIVED BY A COOPERATIVE TELEPHONE COMPANY. (a) Nonmember Income.-- (1) In general.--Paragraph (12) of section 501(c) of the Internal Revenue Code of 1986 (relating to list of exempt organizations) is amended by adding at the end the following new subparagraph: ``(E) In the case of a mutual or cooperative telephone company (hereafter in this subparagraph referred to as the `cooperative'), 50 percent of the income received or accrued directly or indirectly from a nonmember telephone company for the performance of communication services by the cooperative shall be treated for purposes of subparagraph (A) as collected from members of the cooperative for the sole purpose of meeting the losses and expenses of the cooperative.'' (2) Certain billing and collection service fees not taken into account.--Subparagraph (B) of section 501(c)(12) of such Code is amended by striking ``or'' at the end of clause (iii), by striking the period at the end of clause (iv) and inserting ``, or'', and by adding at the end the following new clause: ``(v) from billing and collection services performed for a nonmember telephone company.'' (3) Conforming amendment.--Clause (i) of section 501(c)(12)(B) of such Code is amended by inserting before the comma at the end thereof ``, other than income described in subparagraph (E)''. (4) Effective date.--The amendments made by this subsection shall apply to amounts received or accrued after December 31, 1996. (5) No inference as to unrelated business income treatment of billing and collection service fees.--Nothing in the amendments made by this subsection shall be construed to indicate the proper treatment of billing and collection service fees under part III of subchapter F of chapter 1 of the Internal Revenue Code of 1986 (relating to taxation of business income of certain exempt organizations). (b) Treatment of Certain Investment Income of Mutual or Cooperative Telephone Companies.-- (1) In general.--Paragraph (12) of section 501(c) of such Code (relating to list of exempt organizations) is amended by adding at the end the following new subparagraph: ``(F) In the case of a mutual or cooperative telephone company, subparagraph (A) shall be applied without taking into account reserve income (as defined in section 512(d)(2)) if such income, when added to other income not collected from members for the sole purpose of meeting losses and expenses, does not exceed 35 percent of the company's total income. For the purposes of the preceding sentence, income referred to in subparagraph (B) shall not be taken into account.'' (2) Portion of investment income subject to unrelated business income tax.--Section 512 of such Code is amended by adding at the end the following new subsection: ``(d) Investment Income of Certain Mutual or Cooperative Telephone Companies.-- ``(1) In general.--In determining the unrelated business taxable income of a mutual or cooperative telephone company described in section 501(c)(12)-- ``(A) there shall be included, as an item of gross income derived from an unrelated trade or business, reserve income to the extent such reserve income, when added to other income not collected from members for the sole purpose of meeting losses and expenses, exceeds 15 percent of the company's total income, and ``(B) there shall be allowed all deductions directly connected with the portion of the reserve income which is so included. For purposes of the preceding sentence, income referred to in section 501(c)(12)(B) shall not be taken into account. ``(2) Reserve income.--For purposes of paragraph (1), the term `reserve income' means income-- ``(A) which would (but for this subsection) be excluded under subsection (b), and ``(B) which is derived from assets set aside for the repair or replacement of telephone system facilities of such company.'' (3) Effective date.--The amendments made by this subsection shall apply to amounts received or accrued after December 31, 1996.

Amends the Internal Revenue Code with respect to the tax-exempt status of a mutual or cooperative telephone company to provide that 50 percent of the income received from a nonmember telephone company for services by the cooperative shall be treated as collected from members of the cooperative for the sole purpose of meeting the losses and expenses of the cooperative. Excludes, in determining the income of a cooperative: (1) billing and collection services performed for a nonmember telephone company; and (2) certain reserve income that does not exceed 35 percent of the company's total income. Subjects a portion of such reserve income to unrelated business income tax.

A bill to amend the Internal Revenue Code of 1986 with respect to the treatment of certain amounts received by a cooperative telephone company.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Zimbabwe Democracy Act of 2000''. SEC. 2. FINDINGS AND POLICY. (a) Findings.--Congress finds as follows: (1) Deliberate and systematic violence, intimidation, and killings have been orchestrated and supported by the Government of Zimbabwe and the ruling ZANU-PF party against members, sympathizers, and supporters of the democratic opposition, farmers, and employees. The violence has resulted in death, a breakdown in the rule of law, and further collapse of Zimbabwe's economy. (2) The lawlessness, harassment, violence, intimidation, and killings directed at the opposition and their supporters, farmers and farm employees continues at President Mugabe's explicit and public urging despite two court rulings that the occupations are illegal and must be ended. (3) The breakdown in the rule of law has jeopardized Zimbabwe's future, including international support for programs which provide land ownership for the large number of poor and landless Zimbabweans, other donor programs, economic stability, and direct investment. (4) The orchestrated violence and intimidation directed at opposition supporters has created and fostered an environment which seriously compromises the possibility of free and fair elections. (5) The crisis in Zimbabwe is further exacerbated by the fact that Zimbabwe is spending millions of dollars each month on its involvement in the civil war in the Democratic Republic of Congo. Those resources could finance equitable and transparent land reform, other programs to promote economic growth and alleviate poverty, and programs to combat the spread and effects of the world's highest HIV infection rate. (b) Statement of Policy.--It is therefore the policy of the United States to support the people of Zimbabwe in their struggles to effect peaceful, democratic change, achieve broad-based and equitable economic growth, and restore the rule of law. SEC. 3. PROHIBITION ON PROVISION OF ASSISTANCE OR DEBT RELIEF. (a) Prohibition on Assistance.--Except as provided in subsection (b)-- (1) no United States assistance may be provided for the Government of Zimbabwe; (2) no indebtedness owed by the Government of Zimbabwe to the United States Government may be canceled or reduced; and (3) the Secretary of the Treasury shall instruct the United States Executive Director to each international financial institution to oppose and vote against-- (A) any extension by the respective institution of any assistance of any kind to the Government of Zimbabwe, except for assistance to meet basic human needs and for good governance; and (B) any cancellation or reduction of indebtedness owed by the Government of Zimbabwe to that institution. (b) Conditions for Restoration of Eligibility for Assistance and Debt Relief.--The provisions of subsection (a) shall apply until the President certifies to the appropriate congressional committees that-- (1) the rule of law has been restored in Zimbabwe, including respect for ownership and title to property held prior to January 1, 2000, freedom of speech and association, and an end to the lawlessness, violence, and intimidation sponsored, condoned, or tolerated by the Government of Zimbabwe, the ruling party, and their supporters or entities; (2) Zimbabwe has held parliamentary elections which are widely accepted by the participating parties and the duly elected are free to assume their offices; (3)(A) Zimbabwe has held a presidential election which is widely accepted by the participating parties and the president- elect is free to assume the duties of the office; or (B) the government has sufficiently improved the pre- election environment to a degree consistent with accepted international standards for security and freedom of movement and association; (4) the Government of Zimbabwe has demonstrated a commitment to an equitable, legal, and transparent land reform program which should-- (A) respect existing ownership of and title to property by providing fair, market-based compensation to sellers; (B) benefit the truly needy and landless; (C) be based on the principle of ownership and title to all land, including communal areas; (D) be managed and administered by an independent, nongovernmental body; and (E) be consistent with agreements reached at the International Donors' Conference on Land Reform and Resettlement in Zimbabwe held in Harare in September, 1998; (5) the Government of Zimbabwe is making a good faith effort to fulfill the terms of the Lusaka agreement on ending the war in the Democratic Republic of Congo; and (6) the Zimbabwean Armed Forces and the National Police of Zimbabwe are responsible to and serve the elected civilian government. (c) United States Assistance Defined.-- (1) In general.--Except as provided in paragraph (2), in this section, the term ``United States assistance'' means-- (A) any assistance under the Foreign Assistance Act of 1961 (excluding programs under title IV of chapter 2 of part I, relating to the Overseas Private Investment Corporation); (B) sales, or financing on any terms, under the Arms Export Control Act; (C) the licensing of exports under section 38 of the Arms Export Control Act; and (D) the provision of agricultural commodities, other than food, under the Agricultural Trade Development and Assistance Act of 1954. (2) Exceptions.--The term ``United States assistance'' does not include-- (A) humanitarian assistance, including food, medicine, medical supplies; (B) health assistance, including health assistance for the prevention, treatment, and control of HIV/AIDS and other infectious diseases; (C) support for democratic governance and the rule of law; (D) support for land reform programs consistent with subsection (b)(4); (E) support for conservation programs; and (F) support for de-mining programs. (d) Waiver.--The President may waive the provisions of subsection (a) if he determines that it is in the national interest of the United States to do so. SEC. 4. SUPPORT FOR DEMOCRATIC INSTITUTIONS AND THE RULE OF LAW. (a) Assistance for Legal Expenses.--As one component of a comprehensive approach towards supporting democratic institutions and the rule of law in Zimbabwe, the President is authorized to use funds appropriated to carry out the provisions of part I and chapter 4 of part II of the Foreign Assistance Act of 1961 to finance the legal and related expenses of-- (1) individuals and democratic institutions challenging restrictions to free speech and association in Zimbabwe, including challenges to licensing fees, restrictions, and other charges and penalties imposed on the media or on individuals exercising their right of free speech and association; (2) individuals and democratic institutions and organizations challenging electoral outcomes or restrictions to their pursuit of elective office or democratic reforms, including fees or other costs imposed by the Government on those individuals or institutions; and (3) individuals who are the victims of torture or otherwise victimized by political violence. (b) Authority for Radio Broadcasting.-- (1) In general.--The Broadcasting Board of Governors shall further the communication of information and ideas through the increased use of radio broadcasting to Zimbabwe to ensure that radio broadcasting to that country serves as a consistently reliable and authoritative source of accurate, objective and comprehensive news. (2) Termination.--The authority of this subsection shall terminate upon a certification by the President under section 3(b) that the conditions specified in that section have been satisfied. (c) Assistance for Democracy Training.--During fiscal year 2001, the President is authorized to use not less than $6,000,000 of the funds made available to carry out the provisions of part I and chapter 4 of part II of the Foreign Assistance Act of 1961 for democracy and governance programs in Zimbabwe. (d) Election Observers.--It is the sense of Congress that the President should provide support, including through the National Endowment for Democracy, for international election observers to the Zimbabwean parliamentary elections in 2000 and the presidential election scheduled for 2002, including assessments of the pre-electoral environment in each case and the electoral laws of Zimbabwe. SEC. 5. SUPPORT FOR DEMOCRATIC TRANSITION AND ECONOMIC RECOVERY. Upon the certification made by the President under section 3(b)-- (1) up to $16,000,000 of funds appropriated to carry out the provisions of chapter 4 of part II of the Foreign Assistance Act of 1961, is authorized to be made available, notwithstanding any other provision of law, for support for alternative schemes under the Inception Phase of the Land Reform and Resettlement Program, including costs related to acquisition of land and resettlement, meeting the standards in section 3(b)(4); and (2) the Secretary of the Treasury shall-- (A) undertake a review of the feasibility of restructuring, rescheduling, or eliminating the sovereign debt of Zimbabwe held by any agency of the United States Government; (B) direct the United States Executive Director of each international financial institution to which the United States is a member to propose that such institution undertake a review of the feasibility of restructuring, rescheduling, or eliminating the sovereign debt of Zimbabwe held by that institution; and (C) direct the United States Executive Director of each international financial institution to which the United States is a member to propose to undertake financial and technical support for Zimbabwe, especially that intended to promote Zimbabwe's economic recovery and development, the stabilization of the Zimbabwean dollar, and the viability of Zimbabwe's democratic institutions; and (3) there shall be established a Southern Africa Finance Center located in Zimbabwe that will co-locate regional offices of the Overseas Private Investment Corporation, the Export- Import Bank of the United States, and the Trade and Development Agency for the purpose of facilitating the development of commercial projects in Zimbabwe and the southern Africa region. Passed the Senate June 23, 2000. Attest: GARY SISCO, Secretary.

(Sec. 3) Prohibits: (1) U.S. assistance for the Government of Zimbabwe; and (2) cancellation or reduction of any indebtedness owed by the Government of Zimbabwe to the U.S. Government. Directs the Secretary of the Treasury to instruct the U.S. Executive Director of each international financial institution to oppose and vote against: (1) extension of any assistance to the Government of Zimbabwe, except to meet basic human needs and for good governance; and (2) any cancellation or reduction of indebtedness owed by the Government of Zimbabwe to the institution. Prescribes conditions for restoration of Zimbabwe's eligibility for assistance and debt relief, including that: (1) the rule of law has been restored, including respect for ownership and title to property held before January 1, 2000, freedom of speech and association, and an end to the lawlessness, violence, and intimidation sponsored, condoned, or tolerated by the Government of Zimbabwe, the ruling party, and their supporters or entities; (2) Zimbabwe has held parliamentary and presidential elections widely accepted by the participating parties and the duly elected are free to assume their offices (or, before a presidential election, the government has sufficiently improved the pre-election environment to a degree consistent with accepted international standards for security and freedom of movement and association); (3) the Government of Zimbabwe has demonstrated a commitment to an equitable, legal, and transparent land reform program meeting specified criteria; (4) the Government of Zimbabwe is making a good faith effort toward an expeditious removal of its forces from the Democratic Republic of Congo, and ending all other support for any of the parties to the conflict in that country; and (5) the Zimbabwean Armed Forces and the National Police of Zimbabwe are responsible to and serve the elected civilian government. (Sec. 4) Authorizes the President to use certain appropriations under the Foreign Assistance Act of 1961 to finance the legal and related expenses of: (1) individuals and democratic institutions challenging restrictions to free speech and association in Zimbabwe and electoral outcomes or restrictions to their pursuit of elective office or democratic reforms; and (2) victims of torture or political violence. Directs the Broadcasting Board of Governors to further the communication of information and ideas through the increased use of radio broadcasting to Zimbabwe. Authorizes the President, during FY 2001, to use certain funds for democracy and governance programs in Zimbabwe. Expresses the sense of Congress that the President should provide support, including through the National Endowment for Democracy, for international election observers to the Zimbabwean parliamentary elections in 2000 and the presidential election scheduled for 2002, including assessments of the pre-electoral environment in each case and the electoral laws of Zimbabwe. (Sec. 5) Authorizes certain funds for support for alternative schemes under the Inception Phase of the Land Reform and Resettlement Program. Directs the Secretary of the Treasury to review the feasibility of restructuring, rescheduling, or eliminating the sovereign debt of Zimbabwe held by any Federal agency. Requires the Secretary to direct the U.S. Executive Director of each international financial institution to which the United States belongs to propose that such institution: (1) review the feasibility of restructuring, rescheduling, or eliminating the sovereign debt of Zimbabwe it holds; and (2) undertake financial and technical support for Zimbabwe, especially for its economic recovery and development. Establishes a Southern Africa Finance Center in Zimbabwe that will co-locate regional offices of the Overseas Private Investment Corporation, the Export-Import Bank of the United States, and the Trade and Development Agency in order to facilitate development of commercial projects in Zimbabwe and the southern Africa region.

Zimbabwe Democracy Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pine Forest Range Recreation Enhancement Act of 2013''. SEC. 2. DEFINITIONS. In this Act: (1) County.--The term ``County'' means Humboldt County, Nevada. (2) Map.--The term ``Map'' means the map entitled ``Proposed Pine Forest Wilderness Area'' and dated July 5, 2011. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) State.--The term ``State'' means the State of Nevada. (5) Wilderness.--The term ``Wilderness'' means the Pine Forest Range Wilderness designated by section 3(a). SEC. 3. ADDITION TO NATIONAL WILDERNESS PRESERVATION SYSTEM. (a) Designation.--In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), the approximately 26,000 acres of Federal land managed by the Bureau of Land Management, as generally depicted on the Map, is designated as wilderness and as a component of the National Wilderness Preservation System, to be known as the ``Pine Forest Range Wilderness''. (b) Boundary.-- (1) Road access.--The boundary of any portion of the Wilderness that is bordered by a road shall be 100 feet from the edge of the road. (2) Road adjustments.--The Secretary shall-- (A) reroute the road running through Long Meadow to the west to remove the road from the riparian area; (B) reroute the road currently running through Rodeo Flat/Corral Meadow to the east to remove the road from the riparian area; and (C) close, except for administrative use, the road along Lower Alder Creek south of Bureau of Land Management road #2083. (3) Reservoir access.--The boundary of the Wilderness shall be 160 feet downstream from the dam at Little Onion Reservoir. (c) Map and Legal Description.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map and legal description of the Wilderness. (2) Effect.--The map and legal description prepared under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the map or legal description. (3) Availability.--The map and legal description prepared under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (d) Withdrawal.--Subject to valid existing rights, the Wilderness is withdrawn from-- (1) all forms of entry, appropriation, and disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws relating to mineral and geothermal leasing or mineral materials. SEC. 4. ADMINISTRATION. (a) Management.--Subject to valid existing rights, the Wilderness shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that-- (1) any reference in the Wilderness Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act; and (2) any reference in the Wilderness Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary. (b) Livestock.--The grazing of livestock in the Wilderness, if established before the date of enactment of this Act, shall be allowed to continue, subject to such reasonable regulations, policies, and practices as the Secretary considers to be necessary in accordance with-- (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and (2) the guidelines set forth in Appendix A of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (House Report 101-405). (c) Incorporation of Acquired Land and Interests.--Any land or interest in land within the boundary of the Wilderness that is acquired by the United States after the date of enactment of this Act shall be added to and administered as part of the Wilderness. (d) Adjacent Management.-- (1) In general.--Congress does not intend for the designation of the Wilderness to create a protective perimeter or buffer zone around the Wilderness. (2) Nonwilderness activities.--The fact that nonwilderness activities or uses can be seen or heard from areas within the Wilderness shall not preclude the conduct of the activities or uses outside the boundary of the Wilderness. (e) Military Overflights.--Nothing in this Act restricts or precludes-- (1) low-level overflights of military aircraft over the Wilderness, including military overflights that can be seen or heard within the Wilderness; (2) flight testing and evaluation; or (3) the designation or creation of new units of special use airspace, or the establishment of military flight training routes, over the Wilderness. (f) Wildfire, Insect, and Disease Management.--In accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary may take such measures in the Wilderness as are necessary for the control of fire, insects, and diseases (including, as the Secretary determines to be appropriate, the coordination of the activities with a State or local agency). (g) Wildfire Management Operations.--Nothing in this Act precludes a Federal, State, or local agency from conducting wildfire management operations (including operations using aircraft or mechanized equipment). (h) Climatological Data Collection.--In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and subject to such terms and conditions as the Secretary may prescribe, the Secretary may authorize the installation and maintenance of hydrologic, meteorologic, or climatological collection devices in the Wilderness if the Secretary determines that the facilities and access to the facilities are essential to flood warning, flood control, or water reservoir operation activities. (i) Water Rights.-- (1) Findings.--Congress finds that-- (A) the land designated as wilderness by this Act is located-- (i) in the semiarid region of the Great Basin; and (ii) at the headwaters of the streams and rivers on land with respect to which there are few, if any-- (I) actual or proposed water resource facilities located upstream; and (II) opportunities for diversion, storage, or other uses of water occurring outside the land that would adversely affect the wilderness values of the land; (B) the land designated as wilderness by this Act is generally not suitable for use or development of new water resource facilities; and (C) because of the unique nature of the land designated as wilderness by this Act, it is possible to provide for proper management and protection of the wilderness and other values of land in ways different from those used in other laws. (2) Purpose.--The purpose of this section is to protect the wilderness values of the land designated as wilderness by this Act by means other than a federally reserved water right. (3) Statutory construction.--Nothing in this Act-- (A) constitutes an express or implied reservation by the United States of any water or water rights with respect to the Wilderness; (B) affects any water rights in the State (including any water rights held by the United States) in existence on the date of enactment of this Act; (C) establishes a precedent with regard to any future wilderness designations; (D) affects the interpretation of, or any designation made under, any other Act; or (E) limits, alters, modifies, or amends any interstate compact or equitable apportionment decree that apportions water among and between the State and other States. (4) Nevada water law.--The Secretary shall follow the procedural and substantive requirements of State law in order to obtain and hold any water rights not in existence on the date of enactment of this Act with respect to the Wilderness. (5) New projects.-- (A) Definition of water resource facility.-- (i) In general.--In this paragraph, the term ``water resource facility'' means irrigation and pumping facilities, reservoirs, water conservation works, aqueducts, canals, ditches, pipelines, wells, hydropower projects, transmission and other ancillary facilities, and other water diversion, storage, and carriage structures. (ii) Exclusion.--In this paragraph, the term ``water resource facility'' does not include wildlife guzzlers. (B) Restriction on new water resource facilities.-- Except as otherwise provided in this Act, on or after the date of enactment of this Act, neither the President nor any other officer, employee, or agent of the United States shall fund, assist, authorize, or issue a license or permit for the development of any new water resource facility within a wilderness area, any portion of which is located in the County. SEC. 5. RELEASE OF WILDERNESS STUDY AREAS. (a) Finding.--Congress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the portions of the Blue Lakes and Alder Creek wilderness study areas not designated as wilderness by section 3(a) have been adequately studied for wilderness designation. (b) Release.--Any public land described in subsection (a) that is not designated as wilderness by this Act-- (1) is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and (2) shall be managed in accordance with the applicable land use plans adopted under section 202 of that Act (43 U.S.C. 1712). SEC. 6. WILDLIFE MANAGEMENT. (a) In General.--In accordance with section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this Act affects or diminishes the jurisdiction of the State with respect to fish and wildlife management, including the regulation of hunting, fishing, and trapping, in the Wilderness. (b) Management Activities.--In furtherance of the purposes and principles of the Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary may conduct any management activities in the Wilderness that are necessary to maintain or restore fish and wildlife populations and the habitats to support the populations, if the activities are carried out-- (1) consistent with relevant wilderness management plans; and (2) in accordance with-- (A) the Wilderness Act (16 U.S.C. 1131 et seq.); and (B) appropriate policies, such as those set forth in Appendix B of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (House Report 101-405), including the occasional and temporary use of motorized vehicles if the use, as determined by the Secretary, would promote healthy, viable, and more naturally distributed wildlife populations that would enhance wilderness values with the minimal impact necessary to reasonably accomplish those tasks. (c) Existing Activities.--Consistent with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and in accordance with appropriate policies such as those set forth in Appendix B of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (House Report 101-405), the State may continue to use aircraft, including helicopters, to survey, capture, transplant, monitor, and provide water for wildlife populations in the Wilderness. (d) Hunting, Fishing, and Trapping.-- (1) In general.--The Secretary may designate areas in which, and establish periods during which, for reasons of public safety, administration, or compliance with applicable laws, no hunting, fishing, or trapping will be permitted in the Wilderness. (2) Consultation.--Except in emergencies, the Secretary shall consult with the appropriate State agency and notify the public before taking any action under paragraph (1). (e) Cooperative Agreement.-- (1) In general.--The State, including a designee of the State, may conduct wildlife management activities in the Wilderness-- (A) in accordance with the terms and conditions specified in the cooperative agreement between the Secretary and the State entitled ``Memorandum of Understanding between the Bureau of Land Management and the Nevada Department of Wildlife Supplement No. 9'' and signed November and December 2003, including any amendments to the cooperative agreement agreed to by the Secretary and the State; and (B) subject to all applicable laws (including regulations). (2) References; clark county.--For the purposes of this subsection, any reference to Clark County in the cooperative agreement described in paragraph (1)(A) shall be considered to be a reference to the Wilderness. SEC. 7. LAND EXCHANGES. (a) Definitions.--In this section: (1) Federal land.--The term ``Federal land'' means Federal land in the County that is identified for disposal by the Secretary through the Winnemucca Resource Management Plan. (2) Non-federal land.--The term ``non-Federal land'' means land identified on the Map as ``non-Federal lands for exchange''. (b) Acquisition of Land and Interests in Land.--Consistent with applicable law and subject to subsection (c), the Secretary may exchange the Federal land for non-Federal land. (c) Conditions.--Each land exchange under subsection (a) shall be subject to-- (1) the condition that the owner of the non-Federal land pay not less than 50 percent of all costs relating to the land exchange, including the costs of appraisals, surveys, and any necessary environmental clearances; and (2) such additional terms and conditions as the Secretary may require. (d) Deadline for Completion of Land Exchange.--It is the intent of Congress that the land exchanges under this section be completed by not later than 5 years after the date of enactment of this Act. SEC. 8. NATIVE AMERICAN CULTURAL AND RELIGIOUS USES. Nothing in this Act alters or diminishes the treaty rights of any Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)).

Pine Forest Range Recreation Enhancement Act of 2013 - Designates specified federal land managed by the Bureau of Land Management (BLM) in Humboldt County, Nevada, and to be known as the Pine Forest Range Wilderness, as wilderness and as a component of the National Wilderness Preservation System. Authorizes the Secretary of the Interior to take necessary measures in such wilderness to control fire, insects, and diseases. Releases BLM land in any part of the Blue Lakes and Alder Creek wilderness study areas not designated as wilderness by this Act from further study for wilderness designation. Authorizes land exchanges involving identified federal and non-federal lands in Humboldt County.

Pine Forest Range Recreation Enhancement Act of 2013

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) In General.--This Act may be cited as the ``Access to Emergency Medical Services Act of 2007''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--BIPARTISAN COMMISSION ON ACCESS TO EMERGENCY MEDICAL SERVICES Sec. 101. Establishment. Sec. 102. Duties. Sec. 103. Membership. Sec. 104. Staff and consultants. Sec. 105. Powers. Sec. 106. Report on ways to promote the effective delivery of emergency medical services. Sec. 107. Termination. Sec. 108. Authorization of appropriations. TITLE II--ADDITIONAL PAYMENTS FOR CERTAIN PHYSICIANS' SERVICES Sec. 201. Additional payments for certain physicians' services. TITLE III--CENTERS FOR MEDICARE & MEDICAID SERVICES WORKING GROUP TO IMPROVE EMERGENCY CARE EFFICIENCY Sec. 301. Centers for Medicare & Medicaid Services Working Group to improve emergency care efficiency. TITLE I--BIPARTISAN COMMISSION ON ACCESS TO EMERGENCY MEDICAL SERVICES SEC. 101. ESTABLISHMENT. There is established the United States Bipartisan Commission on Access to Emergency Medical Services (in this title referred to as the ``Commission''). SEC. 102. DUTIES. (a) In General.--The Commission shall perform the following duties: (1) Identify and examine factors (including factors described in subsection (b)) in the health care delivery, financing, and legal systems that affect the effective delivery of screening and stabilization services furnished in hospitals that have emergency departments pursuant to EMTALA. (2) Make specific recommendations to Congress, taking into account the considerations specified in subsection (c), with respect to Federal programs, policies, and financing needed to assure the availability of such screening and stabilization services and the coordination of State, local, and Federal programs for responding to disasters and emergencies. (b) Factors Considered.--For purposes of subsection (a)(1), the Commission shall examine at least the following factors, with respect to emergency departments of hospitals: (1) Crowded conditions in such emergency departments and the practice of boarding patients who require admission, or have already been admitted, to a hospital for extended periods in such departments and in the areas adjacent to such departments. (2) With respect to individuals who present at such emergency departments for the treatment of emergency medical conditions, any barriers that impede access within a reasonable period of time to screening, stabilization services, and other appropriate consultations of physicians listed by the hospital on its list of on-call physicians. (3) The potential legal and financial liability of health care professionals and providers with respect to services required to be furnished to patients under EMTALA, relating to the requirement of emergency departments to screen and appropriately treat or transfer individuals presenting themselves at the departments with emergency medical conditions and women in labor. (c) Considerations in Recommendations.--In making recommendations under subsection (a)(2), the Commission shall consider the following: (1) Any changes in Federal law that would be necessary to promote the effective delivery of emergency medical services. (2) The amount and sources of Federal funds to finance such changes. (3) The advantages and disadvantages of alternative approaches to protecting health care professionals and providers from legal and financial liability with respect to services required to be furnished to individuals under EMTALA. (4) The most efficient and effective manner of coordinating State, local, and Federal programs for responding to disasters and emergencies, with respect to the delivery of emergency medical services. (d) Definitions.--For purposes of this title: (1) Hospital.--The term ``hospital'' means a hospital (as defined in subsection (e) of section 1861 of the Social Security Act (42 U.S.C. 1395x)) and a critical access hospital (as defined in subsection (mm) of such section). (2) EMTALA.--The term ``EMTALA'' means section 1867 of the Social Security Act (42 U.S.C. 1395dd). SEC. 103. MEMBERSHIP. (a) Appointment.-- (1) The Commission shall be composed of 24 members, who shall be appointed not later than the date that is 60 days after the date of the enactment of this Act and in accordance with paragraph (2), as follows: (A) The President shall appoint 8 members of the Commission. (B) The Speaker of the House of Representatives, after consultation with the minority leader of the House of Representatives, shall appoint 8 members of the Commission. (C) The majority leader of the Senate, after consultation with the minority leader of the Senate, shall appoint 8 members of the Commission. (2) Of the members appointed under paragraph (1), the President, the Speaker of the House of Representatives, and the majority leader of the Senate shall each appoint as members of the commission-- (A) two individuals who represent emergency physicians, emergency nurses, and other health care professionals who provide emergency medical services; (B) two individuals who are elected or appointed Federal, State, or local officials and who are involved in issues and programs related to the provision of emergency medical services; (C) two health care consumer advocates; and (D) two individuals who represent hospitals and health systems that provide emergency medical services. (b) Chairperson and Vice Chairperson.--The Commission shall elect a chairperson and 4 vice chairpersons from among its members. (c) Terms.--Each member shall be appointed for the life of the Commission. (d) Vacancies.--Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member's term until a successor has taken office. Any vacancy in the membership of the Commission shall be filled in the manner in which the original appointment was made and shall not affect the power of the remaining members to execute the duties of the Commission. (e) Compensation.-- (1) In general.--Members of the Commission shall serve without pay. (2) Travel expenses.--All members of the Commission shall be reimbursed for travel and per diem in lieu of subsistence expenses during the performance of duties of the Commission while away from their homes or regular places of business, in accordance with subchapter I of chapter 57 of title 5, United States Code. (f) Quorum.--A quorum shall consist of 9 members of the Commission, except that 6 or more members may conduct a hearing under section 105(a). (g) Meetings.--The Commission shall meet at the call of its chairperson or a majority of its members. SEC. 104. STAFF AND CONSULTANTS. (a) Staff.--The Commission may appoint and determine the compensation of such staff as may be necessary to carry out the duties of the Commission. Such appointments and compensation may be made without regard to the provisions of title 5, United States Code, that govern appointments in the competitive services, and the provisions of chapter 51 and subchapter III of chapter 53 of such title that relate to classifications and the General Schedule pay rates. (b) Consultants.--The Commission may procure such temporary and intermittent services of experts and consultants as the Commission determines to be necessary to carry out the duties of the Commission, in accordance with section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay payable for grade GS-15 of the General Schedule under section 5332 of such title. (c) Detail of Federal Employees.--Upon the request of the Commission, the head of any Federal agency is authorized to detail, without reimbursement to the agency, any of the personnel of such agency to the Commission to assist the Commission in carrying out its duties. Any such detail shall not interrupt or otherwise affect the civil service status or privileges of such personnel. SEC. 105. POWERS. (a) Hearings and Other Activities.--The Commission may, for the purpose of carrying out this title, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission determines necessary to carry out its duties. The Commission may administer oaths or affirmations to witnesses appearing before it. (b) Studies by Government Accountability Office.--Upon the request of the Commission, the Comptroller General shall conduct such studies or investigations as the Commission determines to be necessary to carry out its duties. (c) Cost Estimates by Congressional Budget Office.-- (1) Duty to provide requested estimates.--Upon the request of the Commission, the Director of the Congressional Budget Office shall provide to the Commission such cost estimates as the Commission determines to be necessary to carry out its duties. (2) Reimbursement for development of cost estimates.--The Commission shall reimburse the Director of the Congressional Budget Office for expenses relating to the employment in the office of the Director of such additional staff as may be necessary for the Director to comply with requests by the Commission under paragraph (1). (d) Technical Assistance.--Upon the request of the Commission, the head of a Federal agency shall provide such technical assistance to the Commission as the Commission determines to be necessary to carry out its duties. (e) Use of Mails.--The Commission may use the United States mails in the same manner and under the same conditions as Federal agencies, and shall, for purposes of the frank, be considered a commission of Congress as described in section 3215 of title 39, United States Code. (f) Obtaining Information.--The Commission may secure directly from any Federal agency information necessary to enable it to carry out its duties, if the information may be disclosed under section 552 of title 5, United States Code. Upon request of the Chairperson of the Commission, the head of such agency shall furnish such information to the Commission. (g) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request. (h) Acceptance of Donations.--The Commission may accept, use, and dispose of gifts and donations of services or property. (i) Printing.--For purposes of costs relating to printing and binding, including the costs of personnel detailed from the Government Printing Office, the Commission shall be deemed to be a committee of the Congress. SEC. 106. REPORT ON WAYS TO PROMOTE THE EFFECTIVE DELIVERY OF EMERGENCY MEDICAL SERVICES. Not later than the date that is 18 months after the date of the enactment of this Act, the Commission shall submit to Congress and the Secretary of Health and Human Services a report containing its findings and recommendations described in section 102(a), including recommendations to remove any identified barriers to the effective delivery of emergency medical services in the United States and detailed recommendations for appropriate legislative initiatives to remove such barriers. SEC. 107. TERMINATION. The Commission shall terminate 30 days after the date of submission of the report required in section 106. SEC. 108. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this title. TITLE II--ADDITIONAL PAYMENTS FOR CERTAIN PHYSICIANS' SERVICES SEC. 201. ADDITIONAL PAYMENTS FOR CERTAIN PHYSICIANS' SERVICES. (a) In General.--Section 1833 of the Social Security Act (42 U.S.C. 1395l) is amended by adding at the end the following new subsection: ``(v) Additional Payment for Physicians' Services Furnished Pursuant to EMTALA.--In the case of physicians' services furnished on or after January 1, 2008, in the emergency department of a hospital (as defined in subsection (e)(5) of section 1867) pursuant to such section to an individual covered under the insurance program established under this part, in addition to the amount of payment that will otherwise be made for such services under this part, there shall also be paid to the physician or other person involved (or in the cases described in subparagraph (A) of section 1842(b)(6), to an employer or other entity involved) from the Federal Supplementary Trust Fund an amount equal to 10 percent of the payment amount for the services under this part (determined without regard to any additional amounts paid under subsection (m) or (u)).''. (b) Effective Date.--The amendment made by subsection (a) shall apply to services furnished on or after January 1, 2008. TITLE III--CENTERS FOR MEDICARE & MEDICAID SERVICES WORKING GROUP TO IMPROVE EMERGENCY CARE EFFICIENCY SEC. 301. CENTERS FOR MEDICARE & MEDICAID SERVICES WORKING GROUP TO IMPROVE EMERGENCY CARE EFFICIENCY. (a) Working Group.-- (1) In general.--The Secretary of Health and Human Services, acting through the Administrator of the Centers for Medicare & Medicaid Services, shall convene a working group (in this section referred to as the ``CMS working group'') that includes experts in emergency care, inpatient critical care, hospital operations management, nursing, and other relevant disciplines. The members of the CMS working group shall be appointed by the Administrator. (2) Duties.-- (A) Development of standards.--The CMS working group shall develop-- (i) boarding and diversion standards for hospitals; and (ii) guidelines, measures, and incentives for implementation, monitoring, and enforcement of the standards developed under clause (i). (B) Identification of barriers.--The CMS working group shall identify barriers contributing to delays in timely processing of patients requiring admission as an inpatient of a hospital who initially sought care through the emergency department of the hospital. (C) Identification of best practices.--The CMS working group shall identify best practices to improve patient flow within hospitals. (D) Report.--Not later than the date that is 2 years after the date of the enactment of this Act, the CMS Working Group shall submit to Congress and the Secretary of Health and Human Services a report containing a detailed description of the standards, guidelines, measures, and incentives developed under subparagraph (A), the barriers identified under subparagraph (B), and the best practices identified under subparagraph (C), together with recommendations for such legislative and administrative actions as the CMS Working group considers appropriate. (3) Information.--In carrying out its duties under paragraph (2), the CMS Working Group may request such information from hospitals that the CMS Working Group considers appropriate. (4) Termination.--The CMS Working Group shall terminate 30 days after the date of submission of the report required in paragraph (2)(D). (b) Disclosure of Failure to Report.--The Secretary of Health and Human Services shall establish a mechanism (such as publication on an Internet website or in the Federal Register, or both) to disclose to the public information regarding any hospital that fails to report information requested by the CMS working group under subsection (a)(3) and the type of information the hospital failed to report. (c) Hospital Defined.--In this section, the term ``hospital'' means a hospital (as defined in subsection (e) of section 1861 of the Social Security Act (42 U.S.C. 1395x)) and a critical access hospital (as defined in subsection (mm) of such section).

Access to Emergency Medical Services Act of 2007 - Establishes the United States Bipartisan Commission on Access to Emergency Medical Services to: (1) identify and examine factors in the health care delivery, financing, and legal systems that affect the effective delivery of screening and stabilization services furnished in hospitals that have emergency departments pursuant to the Emergency Medical Treatment and Labor Act (EMTALA); and (2) make specific recommendations to Congress with respect to federal programs, policies, and financing needed to assure the availability of such screening and stabilization services and the coordination of state, local, and federal programs for responding to disasters and emergencies. Amends title XVIII (Medicare) of the Social Security Act to provide for additional payments for certain physicians' emergency services furnished pursuant to EMTALA. Directs the Secretary of Health and Human Services, acting through the Administrator of the Centers for Medicare & Medicaid Services, to convene a working group that includes experts in emergency care, inpatient critical care, hospital operations management, nursing, and other relevant disciplines to develop boarding and diversion standards for hospitals and guidelines, measures, and incentives for implementation, monitoring, and enforcement of such standards. Requires the CMS working group to: (1) identify barriers contributing to delays in timely processing of patients requiring admission as inpatients who initially sought care through the hospital's emergency department; (2) identify best practices to improve patient flow within hospitals; and (3) report to Congress and the Secretary a detailed description of the standards, guidelines, measures, and incentives developed, as well as identified barriers and best practices. Directs the Secretary to establish a mechanism to make public information regarding any hospital that fails to report information requested by the CMS working group.

A bill to amend title XVIII of the Social Security Act to improve access to emergency medical services and the quality and efficiency of care furnished in emergency departments of hospitals and critical access hospitals by establishing a bipartisan commission to examine factors that affect the effective delivery of such services, by providing for additional payments for certain physician services furnished in such emergency departments, and by establishing a Centers for Medicare & Medicaid Services Working Group, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sonny Bono Memorial Salton Sea Restoration Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the Salton Sea, located in Imperial County and Riverside County, California, is an economic and environmental resource of national importance; (2) the Salton Sea is a critical component of the Pacific flyway; (3) the concentration of salinity or pollutants in the Salton Sea has contributed to the recent deaths of migratory waterfowl; (4) the Salton Sea is critical as a reservoir for irrigation and municipal and stormwater drainage; (5) the Salton Sea provides benefits to surrounding communities and nearby irrigation and municipal water users; (6) remediating the Salton Sea will provide national and international benefits; and (7) Federal, State, and local governments have a shared responsibility to assist in remediating the Salton Sea. SEC. 3. DEFINITIONS. In this Act: (1) Salton sea authority.--The term ``Salton Sea Authority'' means the Joint Powers Authority established under the laws of the State of California by a Joint Power Agreement signed on June 2, 1993. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Commissioner of Reclamation. SEC. 4. SALTON SEA RESTORATION ACTION PLAN. (a) In General.--As soon as practicable after the date of enactment of this Act, the Secretary, in accordance with the memorandum of understanding entered into under subsection (f), shall prepare an action plan for restoring the Salton Sea in California. (b) Contents.--The action plan shall consist of-- (1) a study of the feasibility of various alternatives for remediating the Salton Sea; (2) the selection of 1 or more practicable and cost- effective options for remediating the Salton Sea; and (3) the development of a remediation plan that will implement the options. (c) Objectives.--In preparing the action plan, the Secretary shall evaluate options that will-- (1) reduce and stabilize the overall salinity of the Salton Sea to a level between 35 and 40 parts per thousand; (2) stabilize the surface elevation of the Salton Sea to a level that is between 240 feet below sea level and 230 feet below sea level; (3) restore habitat and reclaim water quality over the long term to promote healthy fish and wildlife resources and their habitats in the Salton Sea; (4) enhance the potential for recreational uses and economic development of the Salton Sea; and (5) ensure the continued use of the Salton Sea as a reservoir for irrigation and municipal and stormwater drainage. (d) Options.--In evaluating options under the action plan, the Secretary shall-- (1) consider-- (A) using impoundments to segregate a portion of the waters of the Salton Sea in 1 or more evaporation ponds located in the Salton Sea basin; (B) pumping water out of the Salton Sea; (C) augmenting the flow of water into the Salton Sea; (D) improving the quality of wastewater discharges from Mexico (including discharges from the Alamo River, the Whitewater River, and the New River) and from other water users in the Salton Sea basin; (E) implementing any other economically feasible remediation options; and (F) implementing any combination of the actions described in subparagraphs (A) through (E); and (2) limit the options to economically feasible and proven technologies. (e) Factors.--In evaluating the feasibility of options under the action plan, the Secretary shall consider-- (1) the ability of Federal, tribal, State, and local government sources and private entities to fund capital construction costs and annual operation, maintenance, energy, and replacement costs; and (2) how and where to dispose, permanently and safely, of water pumped out of the Salton Sea and any salts that may be condensed and accumulated in implementing the option. (f) Memorandum of Understanding.-- (1) In general.--The Secretary shall carry out the action plan under this section in accordance with a memorandum of understanding entered into with the Salton Sea Authority, the Governor of the State of California, and such other tribal or local entities as the Secretary considers appropriate. (2) Criteria.--The memorandum of understanding shall, at a minimum, establish criteria for the evaluation and selection of options under this section, including criteria for determining the magnitude and practicability of costs of construction, operation, and maintenance of each evaluated option. (g) Relationship to Other Laws.-- (1) Reclamation laws.-- (A) In general.--An option recommended by the action plan shall not be subject to the Act of June 17, 1902, and Acts amendatory thereof or supplementary thereto (32 Stat. 388, chapter 1093; 43 U.S.C. 371 et seq.) (including regulations adopted under those Acts). (B) Nonreimbursable and nonreturnable.--Funds provided to carry out the option shall be considered nonreimbursable and nonreturnable. (2) Law of the river.--An option recommended by the action plan-- (A) shall not supersede or otherwise affect any treaty, law, or agreement governing use of water from the Colorado River; and (B) shall be carried out in a manner that is consistent with rights and obligation of persons under all such treaties, laws, and agreements. (h) Reports.-- (1) Interim report.--Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress an interim report on the findings and recommendations of the action plan, including-- (A) a summary of options considered for remediating the Salton Sea; and (B) a recommendation of a preferred option for remediating the Salton Sea. (2) Final report.--Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to Congress a final report on the findings and recommendations of the action plan, including-- (A) a plan to implement the preferred option; (B) a recommendation for sharing costs to carry out the preferred option, with (at the option of the Secretary) a different cost-sharing formula for capital construction costs than is applied to annual operation, maintenance, energy, and replacement costs; and (C) the completion of all environmental compliance and permitting activities required for any construction activity under the preferred option. (i) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $30,000,000. SEC. 5. SALTON SEA RESTORATION PROJECT. (a) In General.--Not later than 30 legislative days after the Secretary submits the final report required under section 4(h)(2), the Secretary shall have the authority to carry out a project for remediating the Salton Sea that is based on the preferred option recommended in the final report, unless otherwise directed by Congress. (b) Legislative Day.--In subsection (a), the term ``legislative day'' means any day on which either House of Congress is in session. (c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $300,000,000. SEC. 6. SALTON SEA WILDLIFE RESOURCES STUDIES. (a) In General.--Concurrently with the action plan carried out under section 4, the Secretary shall enter into contracts, grants, and cooperative agreements with Federal and non-Federal entities to conduct studies recommended by the Salton Sea Research Management Committee under subsection (b)(1), including studies of hydrology, wildlife pathology, and toxicology relating to the wildlife resources of the Salton Sea. (b) Salton Sea Research Management Committee.-- (1) In general.--The Secretary shall establish a committee, to be known as the ``Salton Sea Research Management Committee'', to make recommendations to the Secretary on the selection of topics for studies under this section and management of the studies. (2) Membership.--The Committee shall be composed of 4 members, of which-- (A) 1 member shall be appointed by the Secretary; (B) 1 member shall be appointed by the Governor of the State of California; (C) 1 member shall be appointed by the Torres Martinez Desert Cahuilla Tribal Government; and (D) 1 member shall be appointed by the Salton Sea Authority. (c) Coordination.--The Secretary shall ensure that studies under this section are conducted in coordination with appropriate international bodies, Federal agencies, and California State agencies, including-- (1) the International Boundary and Water Commission; (2) the United States Fish and Wildlife Service; (3) the Environmental Protection Agency; (4) the California Department of Water Resources; (5) the California Department of Fish and Game; (6) the California Resources Agency; (7) the California Environmental Protection Agency; (8) the California Regional Water Quality Board; and (9) California State Parks. (d) Peer Review.--The Secretary shall require that studies conducted under this section be subject to peer review. (e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $7,000,000. SEC. 7. REDESIGNATION OF SALTON SEA NATIONAL WILDLIFE REFUGE RENAMED AS THE SONNY BONO SALTON SEA NATIONAL WILDLIFE REFUGE. (a) In General.--The Salton Sea National Wildlife Refuge, in Imperial County, California, shall be known and designated as the ``Sonny Bono Salton Sea National Wildlife Refuge''. (b) References.--Any reference in a law, map, regulation, document, record, or other paper of the United States to the Refuge referred to in subsection (a) shall be deemed to be a reference to the ``Sonny Bono Salton Sea National Wildlife Refuge''. SEC. 8. EMERGENCY ACTION TO STABILIZE SALTON SEA SALINITY. If, during the conduct of studies authorized by this Act, the Secretary determines that environmental conditions at the Salton Sea warrant immediate emergency action to stabilize the salinity of the Salton Sea, the Secretary shall immediately submit a report to Congress documenting the conditions and making recommendations for their remediation, together with specific recommendations for actions to be required and the cost of the actions.

Sonny Bono Memorial Salton Sea Restoration Act - Directs the Secretary of the Interior, acting through the Commissioner of Reclamation, to prepare an action plan to restore the Salton Sea, located in Imperial and Riverside Counties, California. Outlines plan requirements, including reducing and stabilizing salinity, stabilizing surface elevation, restoring fish and wildlife resources, and enhancing recreational use and economic development. Requires the plan to include a feasibility study of the various alternatives for such remediation, the development of one or more of such options, and the development of a remediation plan implementing such options. Requires the feasibility study to be completed under a memorandum of understanding between the Secretary, the Salton Sea Authority, and the Governor of California. Preserves all current rights and obligations concerning Colorado River water use. Requires an interim and final report from the Secretary to the Congress on the findings and recommendations of the action plan. Authorizes appropriations. Authorizes the Secretary, 30 days after submission of such final report, to carry out a Salton Sea remediation project based on the preferred option recommended in the final report, unless otherwise directed by the Congress. Authorizes appropriations. Directs the Secretary, concurrently with the action plan, to enter into contracts, cooperative grants and agreements with Federal and non-federal entities to conduct studies of hydrology, wildlife pathology, and toxicology relating to wildlife resources of the Salton Sea. Directs the Secretary to establish the Salton Sea Research Management Committee to make recommendations to the Secretary on study topics and their management. Authorizes appropriations. Renames the Salton Sea National Wildlife Refuge as the Sonny Bono Salton Sea National Wildlife Refuge. Requires the Secretary, if it is determined during such studies that environmental conditions at the Salton Sea warrant immediate emergency action to stabilize salinity, to report to the Congress on such conditions and make recommendations for remediation.

Sonny Bono Memorial Salton Sea Restoration Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening Our Economy Through Small Business Innovation Act of 2008''. SEC. 2. SENSE OF THE SENATE. It is the sense of the Senate that-- (1) this Nation's small businesses are the source of nearly 50 percent of our country's employment; (2) small businesses have been and are a leading source of this country's innovation and entrepreneurial strategies and skills; (3) small technology businesses tend to be highly innovative, play a substantial role in technological advancement, and contribute to the standard of living in this country; (4) the SBIR and STTR programs can result and have resulted in the development and commercialization of new products and processes; (5) the Federal Government should give particular encouragement to small businesses that address priority national interests, including water security, energy innovation, transportation efficiencies and domestic security needs; and (6) the SBIR and STTR programs should be extended for these purposes and the administrative costs associated with such extensions should be borne by the respective Federal departments and agencies. SEC. 3. EXTENSION OF TERMINATION DATES. (a) SBIR.--Section 9(m) of the Small Business Act (15 U.S.C. 638(m)) is amended by striking ``2008'' and inserting ``2022''. (b) STTR.--Section 9(n)(1)(A) of the Small Business Act (15 U.S.C. 638(n)(1)(A)) is amended by striking ``2009'' and inserting ``2023''. SEC. 4. INCREASE IN THE ALLOCATION OF FEDERAL AGENCY GRANTS FOR SBIR AND STTR PROGRAMS. (a) SBIR Program Expenditures.--Section 9(f)(1) of the Small Business Act (15 U.S.C. 638(f)(1)) is amended by striking subparagraphs (A) through (C) and inserting the following: ``(1) not less than 2.5 percent of such budget in fiscal year 2008; ``(2) not less than 5.0 percent of such budget in fiscal year 2009; ``(3) not less than 7.5 percent of such budget in fiscal year 2010; and ``(4) not less than 10.0 percent of such budget in fiscal year 2011 and each fiscal year thereafter,''. (b) STTR Program Expenditures.--Section 9(n)(1)(B) of the Small Business Act (15 U.S.C. 638(n)(1)(B)) is amended by striking clauses (i) and (ii) and inserting the following: ``(i) not less than 0.3 percent in fiscal year 2008; ``(ii) not less than 0.6 percent in fiscal year 2009; ``(iii) not less than 0.8 percent in fiscal year 2010; and ``(iv) not less than 1.0 percent in fiscal year 2011 and each fiscal year thereafter.''. SEC. 5. INCREASED SBIR AND STTR AWARD LEVELS. (a) SBIR Award Level.--Section 9(j)(2)(D) of the Small Business Act (15 U.S.C. 638(j)(2)(D)) is amended-- (1) by striking ``$100,000'' and inserting ``$300,000''; and (2) by striking ``$750,000'' and inserting ``$2,200,000''. (b) STTR Award Level.--Section 9(p)(2)(B)(ix) of the Small Business Act (15 U.S.C. 638(p)(2)(B)(ix)) is amended-- (1) by striking ``$100,000'' and inserting ``$300,000''; and (2) by striking ``$750,000'' and inserting ``$2,200,000''. SEC. 6. INCLUSION OF ENERGY, SECURITY, TRANSPORTATION, AND WATER RELATED RESEARCH IN THE LIST OF TOPICS DESERVING SPECIAL CONSIDERATION AS SBIR RESEARCH TOPICS. Section 9(g)(3) of the Small Business Act (15 U.S.C. 638(g)(3)) is amended-- (1) in the matter preceding subparagraph (A), by inserting ``or pressing research priorities'' after ``critical technologies''; (2) in subparagraph (A) by striking ``or'' at the end; and (3) by adding at the end the following: ``(C) the National Academy of Sciences in the final report issued by the America's Energy Future: Technology Opportunities, Risks, and Tradeoffs project that relate to emerging renewable energy, energy efficiency, or renewable fuels technologies, or in subsequent reports relating to such technologies; ``(D) the National Academy of Sciences in the final report issued by the Transit Research and Development: Federal Role in the National Program project, the Research and Innovative Technology Administration of the Department of Transportation in the report entitled `Transportation Research, Development and Technology Strategic Plan (2006-2010)', or the National Academy of Sciences or the Department of Transportation in subsequent reports relating to transportation and infrastructure; ``(E) the Committee on Water System Security Research of the National Academy of Sciences in the 2007 report by the committee, entitled `Improving the Nation's Water Security; Opportunities for Research' or the 2006 report by the committee, entitled `Public Water Distribution Systems: Assessing and Reducing Risks', or by the National Academy of Sciences or the Environmental Protection Agency in subsequent reports relating to improving the Nation's water supply and security; ``(F) the Government Accountability Office, in-- ``(i) the report entitled `Homeland Security: First Responders' Ability to Detect and Model Hazardous Releases in Urban Areas Is Significantly Limited', GAO-08-180, issued June 27, 2008; ``(ii) the report entitled `Nuclear Security: NRC and DHS Need to Take Additional Steps to Better Track and Detect Radioactive Materials', GAO-08-598, issued June 19, 2008; or ``(iii) the report entitled `Supply Chain Security: Challenges to Scanning 100 Percent of U.S.-Bound Cargo Containers', GAO-08-533T, issued June 12, 2008; or ``(G) the National Academy of Science, in the report entitled `Toward a Safer and More Secure Cyberspace' or in subsequent reports by the National Academy of Science relating to cybersecurity and which shall include cybersecurity technologies also designed to protect privacy;''. SEC. 7. OFFSET. The Secretary of Defense shall terminate the Airborne Laser program.

Strengthening Our Economy Through Small Business Innovation Act of 2008 - Amends the Small Business Act to extend: (1) the Small Business Innovation Research (SBIR) program through FY2022; and (2) the Small Business Technology Transfer (STTR) program through FY2023. Increases, for FY2009 and thereafter, the percentage allocation of a federal agency's annual extramural research and development budget that may be allocated to SBIR and STTR programs. Increases, for both the SBIR and STTR programs, the individual small business award levels for program participation at phase one and two levels. Includes energy, security, transportation, and water related research topics as "special consideration" SBIR research topics. Directs the Secretary of Defense to terminate the Airborne Laser program.

A bill to amend the Small Business Act to extend the Small Business Innovation Research and Small Business Technology Transfer programs, to increase the allocation of Federal agency grants for those programs, to add water, energy, transportation, and domestic security related research to the list of topics deserving special consideration, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``HITECH Extension for Behavioral Health Services Act of 2010''. SEC. 2. EXTENSION OF HEALTH INFORMATION TECHNOLOGY ASSISTANCE FOR BEHAVIORAL AND MENTAL HEALTH AND SUBSTANCE ABUSE. Section 3000(3) of the Public Health Service Act (42 U.S.C. 300jj(3)) is amended by inserting before ``and any other category'' the following: ``behavioral and mental health professionals (as defined in section 331(a)(3)(E)(i)), a substance abuse professional, a psychiatric hospital (as defined in section 1861(f) of the Social Security Act (42 U.S.C. 1395x(f))), a behavioral and mental health clinic, a substance abuse treatment facility,''. SEC. 3. BEHAVIORAL HEALTH INFORMATION TECHNOLOGY GRANT PROGRAM. Title XXX of the Public Health Service Act (42 U.S.C. 300jj et seq.) is amended by adding at the end the following new section: ``SEC. 3019. BEHAVIORAL HEALTH INFORMATION TECHNOLOGY GRANT PROGRAM. ``(a) In General.--The Secretary, acting through the National Coordinator, shall award grants to eligible entities for the purpose of conducting activities described in subsection (b). ``(b) Use of Funds.--A grant awarded under subsection (a) may be used by an eligible entity to-- ``(1) facilitate the purchase of health information technology; ``(2) enhance the use of health information technology, including covering costs associated with upgrading health information technology in order to meet the criteria required to become a certified EHR technology; ``(3) train personnel in the use of health information technology; ``(4) improve the secure electronic exchange of health information among behavioral and mental health professionals, substance abuse professionals, and other health care providers, including those providing primary care services; ``(5) improve health information technology for adaptation to community-based behavioral heath settings; ``(6) assist with the implementation of telemedicine, including facilitation of distance clinical consultations in rural and underserved areas; and ``(7) collaborate and integrate with health information technology regional extension centers (as described in section 3012(c)). ``(c) Eligible Entity.--For the purposes of this section, the term `eligible entity' means a mental health treatment facility, substance abuse treatment facility, or psychiatric hospital (as defined in section 1861(f) of the Social Security Act (42 U.S.C. 1395x(f))-- ``(1) that is not otherwise receiving payment under section 1886(n) of the Social Security Act (42 U.S.C. 1395ww(n)) or section 1903(t) of the Social Security Act (42 U.S.C. 1396b(t)); ``(2) at which no services are furnished by an eligible professional who is receiving payment under section 1848(o) of the Social Security Act (42 U.S.C. 1395w-4(o)); and ``(3) that provides assurances to the satisfaction of the Secretary that such facility will use such funds to satisfy the requirements to be treated as a meaningful EHR user, as defined in section 1886(n)(3) of the Social Security Act (42 U.S.C. 1395ww(n)(3)), or to become eligible for a payment under section 1903(t) of the Social Security Act (42 U.S.C. 1396b(t)). ``(d) Standards for Acquisition of Health Information Technology.-- To the greatest extent practicable, the Secretary shall ensure that where funds are expended under this section for the acquisition of health information technology, such funds shall be used to acquire health information technology that meets applicable standards adopted under section 3004. Where it is not practicable to expend funds on health information technology that meets such applicable standards, the Secretary shall ensure that such health information technology meets applicable standards otherwise adopted by the Secretary. ``(e) Report.--Not later than 2 years after the date of the enactment of this section, the National Coordinator shall submit to Congress a report containing such information as the Secretary may require. ``(f) Authorization of Appropriations.--For the purposes of carrying out subsection (a), there is authorized to be appropriated $15,000,000 for fiscal year 2011.''. SEC. 4. EXTENSION OF ELIGIBILITY FOR MEDICARE AND MEDICAID HEALTH INFORMATION TECHNOLOGY IMPLEMENTATION ASSISTANCE. (a) Payment Incentives for Eligible Professionals Under Medicare.-- Section 1848 of the Social Security Act (42 U.S.C. 1395w-4) is amended-- (1) by amending clause (iii) of subsection (a)(7)(E) to read as follows: ``(iii) Eligible professional.--The term `eligible professional' means any of the following: ``(I) A physician (as defined in section 1861(r)). ``(II) A clinical psychologist providing qualified psychologist services (as defined in section 1861(ii)). ``(III) A clinical social worker (as defined in section 1861(hh)(1)).''; and (2) by amending subparagraph (C) of subsection (o)(5) to read as follows: ``(C) Eligible professional.--The term `eligible professional' means any of the following: ``(i) A physician (as defined in section 1861(r)). ``(ii) A clinical psychologist providing qualified psychologist services (as defined in section 1861(ii)). ``(iii) A clinical social worker (as defined in section 1861(hh)(1)).''. (b) Eligible Hospitals.--Section 1886(n)(6)(B) of the Social Security Act (42 U.S.C. 1395ww(n)(6)(B)) is amended by inserting before the period the following: ``or an inpatient hospital that is a psychiatric hospital (as defined in section 1861(f))''. (c) Medicaid Providers.--Section 1903(t) of the Social Security Act (42 U.S.C. 1396b(t)) is amended as follows: (1) Paragraph (2)(B) is amended-- (A) in clause (i), by striking ``, or'' and inserting a semicolon; (B) in clause (ii), by striking the period and inserting a semicolon; and (C) by adding after clause (ii) the following new clauses: ``(iii) a public hospital that is principally a psychiatric hospital (as defined in section 1861(f)); ``(iv) a private hospital that is principally a psychiatric hospital (as defined in section 1861(f)) and that has at least 10 percent of its patient volume (as estimated in accordance with a methodology established by the Secretary) attributable to individuals receiving medical assistance under this title; ``(v) a mental health treatment facility that has at least 10 percent of its patient volume (as estimated in accordance with a methodology established by the Secretary) attributable to individuals receiving medical assistance under this title; or ``(vi) a substance abuse treatment facility that has at least 10 percent of its patient volume (as estimated in accordance with a methodology established by the Secretary) attributable to individuals receiving medical assistance under this title.''. (2) Paragraph (3)(B) is amended-- (A) in clause (iv), by striking ``and'' after the semicolon; (B) in clause (v), by striking the period and inserting a semicolon; and (C) by adding at the end the following new clauses: ``(vi) clinical psychologist providing qualified psychologist services (as defined in section 1861(ii)), if such clinical psychologist is practicing in an outpatient clinic that-- ``(I) is led by a clinical psychologist; and ``(II) is not otherwise receiving payment under paragraph (1) as a Medicaid provider described in paragraph (2)(B); and ``(vii) clinical social worker (as defined in section 1861(hh)(1)), if such clinical social worker is practicing in an outpatient clinic that-- ``(I) is led by a clinical social worker; and ``(II) is not otherwise receiving payment under paragraph (1) as a Medicaid provider described in paragraph (2)(B).''.

HITECH Extension for Behavioral Health Services Act of 2010 - Amends the Public Health Service Act to expand the definition of "health care provider" for purposes of health information technology provisions to include a behavioral or mental health professional, a substance abuse professional, a psychiatric hospital, a behavioral and mental health clinic, and a substance abuse treatment facility. Requires the Secretary of Health and Human Services (HHS), acting through the National Coordinator for Health Information Technology, to award grants to eligible entities to: (1) facilitate the purchase of health information technology; (2) enhance the use of such technology, including covering costs associated with upgrading such technology in order to meet the criteria required to become a certified electronic health record (EHR) technology; (3) train personnel in the use of such technology; (4) improve the secure electronic exchange of health information among behavioral and mental health professionals, substance abuse professionals, and other health care providers; (5) improve such technology for adaptation to community-based behavioral health settings; (6) assist with the implementation of telemedicine, including facilitation of distance clinical consultations in rural and underserved areas; and (7) collaborate and integrate with health information technology regional extension centers. Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to include qualified clinical psychologists, clinical social workers, psychiatric hospitals, mental health treatment facilities, and substance abuse treatment facilities within the health professionals, hospitals, and Medicaid providers eligible for incentive payments for the meaningful use of certified EHR technology.

To amend the Public Health Service Act and the Social Security Act to extend health information technology assistance eligibility to behavioral health, mental health, and substance abuse professionals and facilities, and for other purposes.

SECTION 1. ALLOWANCE OF HOME SCHOOL EXPENSES AS QUALIFIED EDUCATION EXPENSES FOR PURPOSES OF A COVERDELL EDUCATION SAVINGS ACCOUNT. (a) In General.--Section 530(b)(3) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(C) Private school.--For purposes of this section, the term `private school' includes any home school that meets the requirements of State law applicable to such home schools, whether or not such school is deemed a private school for purposes of State law.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2014. SEC. 2. ELIMINATION OF COVERDELL EDUCATION SAVINGS ACCOUNT CONTRIBUTION LIMITATION. (a) In General.--Section 530(b)(1)(A) of the Internal Revenue Code of 1986 is amended by inserting ``or'' at the end of clause (i), by striking ``or'' at the end of clause (ii) and inserting a period, and by striking clause (iii). (b) Prohibition on Excess Contributions.--Section 530(b) of such Code is amended by adding at the end the following new paragraph: ``(5) Prohibition on excess contributions.--A program shall not be treated as a Coverdell education savings account unless it provides adequate safeguards to prevent contributions on behalf of a designated beneficiary in excess of those necessary to provide for the qualified education expenses of the beneficiary.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2014. SEC. 3. 529 PROGRAMS FOR PRE-KINDERGARTEN, ELEMENTARY, AND SECONDARY EDUCATION EXPENSES. (a) In General.--Section 529(e)(3) of the Internal Revenue Code of 1986 is amended-- (1) by redesignating subparagraph (B) as subparagraph (C); (2) by striking ``Qualified higher education expenses'' and all that follows through ``The term `qualified higher education expenses' means--'' and inserting the following: ``Qualified education expenses.-- ``(A) In general.--The term `qualified education expenses' means-- ``(i) qualified higher education expenses, and ``(ii) qualified pre-kindergarten, elementary, and secondary education expenses. ``(B) Qualified higher education expenses.--The term `qualified higher education expenses' means''; and (3) by adding at the end the following new subparagraphs: ``(D) Qualified pre-kindergarten, elementary, and secondary education expenses.--The term `qualified pre- kindergarten, elementary, and secondary education expenses' means-- ``(i) expenses for tuition, fees, academic tutoring, special needs services in the case of a special needs beneficiary, books, supplies, and other equipment which are incurred in connection with the enrollment or attendance of the designated beneficiary of the trust as a pre-kindergarten, elementary, or secondary school student at a public, private, or religious school, ``(ii) expenses for room and board, uniforms, transportation, and supplementary items and services (including extended day programs) which are required or provided by a public, private, or religious school in connection with such enrollment or attendance, and ``(iii) expenses for the purchase of any computer technology or equipment (as defined in section 170(e)(6)(F)(i)) or Internet access and related services, if such technology, equipment, or services are to be used by the beneficiary and the beneficiary's family during any of the years the beneficiary is in school. Clause (iii) shall not include expenses for computer software designed for sports, games, or hobbies unless the software is predominantly educational in nature. ``(E) School.--The term `school' means any school which provides pre-kindergarten, elementary, or secondary education (pre-kindergarten through grade 12), as determined under State law. Such a school shall be treated as an eligible educational institution for purposes of subsection (b).''. (b) Conforming Amendments.--Section 529 of such Code is amended by striking ``qualified higher education'' each place it appears in subsections (b) and (c) and inserting ``qualified education''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2014.

Amends the Internal Revenue Code to: (1) allow payment of home school expenses from Coverdell education savings accounts; (2) remove the dollar limitation on contributions to Coverdell education savings accounts and require such accounts to provide adequate safeguards to prevent contributions from exceeding the amount necessary to provide for the qualified education expenses of the account beneficiary; and (3) allow tax-exempt qualified tuition programs (529 tuition programs) to pay qualified pre-kindergarten, elementary, and secondary education expenses.

To amend the Internal Revenue Code of 1986 to encourage the use of 529 plans and Coverdell education savings accounts, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Collegiate and Amateur Athletic Protection Act of 2001''. SEC. 2. TASK FORCE ON ILLEGAL WAGERING ON AMATEUR AND COLLEGIATE SPORTING EVENTS. (a) Establishment.--The Attorney General shall establish a prosecutorial task force on illegal wagering on amateur and collegiate sporting events (referred to in this section as the ``task force''). (b) Duties.--The task force shall-- (1) coordinate enforcement of Federal laws that prohibit gambling relating to amateur and collegiate athletic events; and (2) submit annually, to the House of Representatives and the Senate a report describing specific violations of such laws, prosecutions commenced, and convictions obtained. (c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $4,000,000 in fiscal year 2002 and $6,000,000 in each of the fiscal years 2003 through 2006. SEC. 3. INCREASED PENALTIES FOR ILLEGAL SPORTS GAMBLING. (a) Interstate Transmission of Bets or Information Assisting in Placing Bets on Sporting Events.--Section 1084(a) of title 18, United States Code, is amended by striking ``two'' and inserting ``5''. (b) Interstate Transportation of Wagering Paraphernalia.--Section 1953(a) of title 18, United States Code, is amended by adding at the end the following: ``If the matter carried or sent in interstate or foreign commerce was intended by the defendant to be used to assist in the placing of bets or wagers on any sporting event or contest, the maximum term of imprisonment for the offense shall be 10 years.''. (c) Illegal Gambling Business.--Section 1955(a) of title 18, United States Code, is amended by adding at the end the following: ``If the gambling business included the placing of bets or wagers on any sporting event or contest, the maximum term of imprisonment for the offense shall be 10 years.''. (d) Interstate Travel To Promote and Conduct an Illegal Gambling Business.--Section 1952 of title 18, United States Code, is amended by adding at the end the following: ``(d) If the offense violated paragraph (1) or (3) of subsection (a) and the illegal activity included the placing of bets or wagers on any sporting event or contest, the maximum term of imprisonment for the offense shall be 10 years.''. (e) Sports Bribery.--Section 224(a) of title 18, United States Code, is amended by adding at the end the following: ``If the purpose of the bribery is to affect the outcome of a bet or wager placed on any sporting event or contest, the maximum term of imprisonment for the offense shall be 10 years.''. SEC. 4. STUDY ON ILLEGAL SPORTS GAMBLING BEHAVIOR AMONG MINORS. (a) In General.--The Director of the National Institute of Justice shall conduct a study to determine the extent to which minor persons participate in illegal sports gambling activities. (b) Report.--Not later than 2 years after the date of enactment of this Act, the Director of the National Institute of Justice shall submit to the Speaker of the House of Representatives and the President pro tempore of the Senate, a report-- (1) describing the extent to which minor persons participate in illegal sports gambling activities; and (2) making recommendations on actions that should be taken to curtail participation by minor persons in sports gambling activities. SEC. 5. STUDY OF GAMBLING ON COLLEGE AND UNIVERSITY CAMPUSES. (a) Establishment of Panel.--Not later than 90 days after the date of enactment of this Act, the Attorney General shall establish a panel, which shall be composed of Federal, State, and local government law enforcement officials, to conduct a study of illegal college sports gambling. (b) Contents of Study.--The study conducted by the panel established under subsection (a) shall include an analysis of-- (1) the scope and prevalence of illegal college sports gambling, including unlawful sports gambling (as defined in section 3702 of title 28, United States Code); (2) the role of organized crime in illegal gambling on college sports; (3) the role of State regulators and the legal sports books in Nevada in assisting law enforcement to uncover illegal sports gambling and related illegal activities; (4) the enforcement and implementation of the Professional and Amateur Sports Protection Act of 1992, including whether it has been adequately enforced; (5) the effectiveness of steps taken by institutions of higher education to date, whether individually or through national organizations, to reduce the problem of illegal gambling on college sports; (6) the factors that influence the attitudes or levels of awareness of administrators, professors, and students, including student athletes, about illegal gambling on college sports; (7) the effectiveness of new countermeasures to reduce illegal gambling on college sports, including related requirements for institutions of higher education and persons receiving Federal education funds; (8) potential actions that could be taken by the National Collegiate Athletic Association to address illegal gambling on college and university campuses; and (9) other matters relevant to the issue of illegal gambling on college sports as determined by the Attorney General. (c) Report to Congress.--Not later than 12 months after the establishment of the panel under this section, the Attorney General shall submit to Congress a report on the study conducted under this section, which shall include-- (1) recommendations for actions colleges, universities, and the National Collegiate Athletic Association should implement to address the issue of illegal gambling on college sports; (2) recommendations for intensive educational campaigns which the National Collegiate Athletic Association could implement to assist in the effort to prevent illegal gambling on college sports; (3) recommendations for any Federal and State legislative actions to address the issue of illegal gambling on college sports; and (4) recommendations for any administrative or private sector actions to address the issue of illegal gambling on college sports. SEC. 6. REDUCTION OF GAMBLING ON COLLEGE CAMPUSES. (a) College Programs to Reduce Illegal Gambling.--Section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)) is amended by adding at the end the following new paragraph: ``(24) The institution will comply with the requirements of section 484(s).''. (b) Procedures to Withhold Student Aid.--Section 484 of the Higher Education Act of 1965 (20 U.S.C. 1091) is amended by adding at the end the following new subsection: ``(s) College Programs to Reduce Illegal Gambling; Zero Tolerance.-- ``(1) Comprehensive program.-- ``(A) Coordination required.--Each institution of higher education shall designate 1 or more full-time senior officers of the institution to coordinate the implementation of a comprehensive program, as determined by the Secretary of Education, to reduce illegal gambling and gambling control disorders by students and employees of the institution. ``(B) Annual reporting.--An institution described in paragraph (1) shall annually prepare and submit to the Secretary of Education a report, in a form and manner prescribed by the Secretary, concerning the progress made by the institution to reduce illegal gambling by students and employees of the institution. ``(C) Contents of report.--Each such report shall include-- ``(i) statistics and other information on illegal gambling, including gambling over the Internet, in addition to the other criminal offense on which such institution must report pursuant to section 485(f) in the form and manner so prescribed; and ``(ii) a statement of policy regarding underage and other illegal gambling activity at the institution, in the form and manner prescribed for statements of policy on alcoholic beverages and illegal drugs pursuant to such section 485(f), including a description of any gambling abuse education programs available to students and employees of the institution. ``(2) Review of procedures.--Notwithstanding paragraph (2) of section 485(f), the Attorney General, in consultation with the Secretary of Education, shall periodically review the policies, procedures, and practices of institutions of higher education under paragraph (1) with respect to campus crimes and security related directly or indirectly to illegal gambling, including the integrity of the athletic contests in which students of the institution participate. ``(3) Zero tolerance of illegal gambling.-- ``(A) Revocation of aid.--A recipient of athletically related student aid (as defined in section 485(e)(8)) shall cease to be eligible for such aid upon a determination by either the institution of higher education providing such aid, or the applicable amateur sports organization, that the recipient has engaged in illegal gambling activity, including sports bribery, in violation of the policies or by-laws of the institution or organization. ``(B) Report.--An institution of higher education that provides athletically related student aid shall annually report to the Attorney General and the Secretary of Education on actions taken to implement this paragraph. Any amateur sports organization that receives, under any Federal program, any grant or other financial assistance shall, as a condition of continued receipt of such assistance, annually report to the Attorney General and the Secretary of Education on actions taken to implement this paragraph.''. SEC. 7. SENSE OF CONGRESS. It is the sense of Congress that-- (1) illegal sports gambling poses a significant threat to youth on college campuses and in society in general; (2) State and local governments, the National Collegiate Athletic Association, and other youth, school, and collegiate organizations should provide educational and prevention programs to help youth recognize the dangers of illegal sports gambling and the serious consequences it can have; (3) such programs should include public service announcements, especially during tournament and bowl game coverage; (4) the National Collegiate Athletic Association and other amateur sports governing bodies should adopt mandatory codes of conduct regarding the avoidance and prevention of illegal sports gambling among our youth; and (5) the National Collegiate Athletic Association should enlist universities in the United States to develop scientific research on youth sports gambling, and related matters.

National Collegiate and Amateur Athletic Protection Act of 2001 - Directs the Attorney General to establish a prosecutorial task force on illegal wagering on amateur and collegiate sporting events. Increases penalties for illegal sports gambling.Requires: (1) the Director of the National Institute of Justice to study the extent to which minors participate in illegal sports gambling activities; and (2) the Attorney General to establish a panel to a study illegal college sports gambling.Amends the Higher Education Act of 1965 to: (1) require each institution of higher education to designate one or more full-time senior officers of the institution to coordinate the implementation of a comprehensive program to reduce illegal gambling and gambling control disorders by students and employees; (2) condition receipt of financial aid on compliance with this Act; (3) specify that a recipient of athletically related student aid shall cease to be eligible for such aid upon a determination by either the institution of higher education or the applicable amateur sports organization that the recipient has engaged in illegal gambling activity, including sports bribery, in violation of the policies or by-laws of the institution or organization; and (4) require an institution of higher education that provides athletically related student aid to report annually to the Attorney General and the Secretary of Education.Expresses the sense of Congress that illegal sports gambling poses a significant threat to youth.

To protect amateur athletics and combat illegal sports gambling.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Educating Tomorrow's Engineers Act''. TITLE I--AMENDMENTS TO THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965 PART A--ENGINEERING STANDARDS AND ASSESSMENTS SEC. 111. ACADEMIC STANDARDS, ACADEMIC ASSESSMENTS, AND ACCOUNTABILITY. Section 1111(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)) is amended-- (1) in paragraph (1), by adding at the end the following: ``(G) Integration of engineering skills and practices into science standards.--By not later than the 2016-2017 school year, each State plan shall demonstrate that the State has incorporated engineering design skills and practice into the State science challenging academic content standards and student academic achievement standards that are required under this paragraph.''; and (2) in paragraph (3)(C)(v)(II), by inserting ``(including, beginning not later than the 2016-2017 school year, engineering design skills and practices)'' after ``science''. SEC. 112. GRANTS FOR STATE ASSESSMENTS AND RELATED ACTIVITIES. Section 6111(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7301(1)) is amended by inserting ``, including the integration of engineering concepts into science assessments,'' before ``and standards''. PART B--PROFESSIONAL DEVELOPMENT AND INSTRUCTIONAL MATERIALS SEC. 121. TEACHER AND PRINCIPAL TRAINING AND RECRUITING FUND. Section 2113 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6613) is amended-- (1) in subsection (a)-- (A) in paragraph (1), by striking ``95'' and inserting ``85''; (B) in paragraph (2), by striking ``and'' after the semicolon; (C) by redesignating paragraph (3) as paragraph (4); and (D) by inserting after paragraph (2) the following: ``(3) reserve 10 percent of the funds made available through the grant to make subgrants in accordance with subsection (e); and''; (2) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and (3) by inserting after subsection (d) the following: ``(e) STEM Professional Development and Instructional Materials Grants.--A State educational agency that receives a grant under this part shall use the funds described in subsection (a)(3) to award grants, on a competitive basis, to nonprofit organizations, and other entities, with expertise and a demonstrated record of success in STEM fields to enable such organizations and entities to develop and provide professional development and instructional materials for STEM in the State.''. SEC. 122. STEM PARTNERSHIPS. Part B of title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6661 et seq.) is amended-- (1) in the part heading, by striking ``mathematics and science partnerships'' and inserting ``stem partnerships''; (2) in section 2201-- (A) by striking ``mathematics and science'' each place the term appears and inserting ``STEM''; and (B) in subsection (a)(4), by striking ``engineering, mathematics, and science'' and inserting ``STEM''; (3) in section 2202-- (A) in the section heading, by striking ``mathematics and science'' and inserting ``stem''; (B) in subsection (b)(2)-- (i) in subparagraph (A), by striking ``mathematics and science'' and inserting ``STEM''; (ii) in subparagraph (B), by striking ``student academic achievement in mathematics and science'' and inserting ``student academic achievement in STEM''; and (iii) in subparagraph (C), by striking ``mathematics and science'' and inserting ``STEM''; and (C) in subsection (c)-- (i) in each of paragraphs (1) and (2), by striking ``mathematics and science'' and inserting ``STEM''; (ii) in paragraph (3), in the matter preceding subparagraph (A), by striking ``mathematics and science'' each place the term appears and inserting ``STEM''; (iii) in paragraph (4)-- (I) in the matter preceding subparagraph (A), by striking ``mathematics, engineering, and science majors'' and inserting ``individuals with a baccalaureate degree in a STEM field''; (II) in each of subparagraphs (A) and (C), by striking ``mathematics, engineering, or science'' each place the term appears and inserting ``a STEM field''; (III) in subparagraph (B), by striking ``mathematics and science'' and inserting ``STEM''; and (IV) in subparagraph (D), by striking ``mathematics, engineering, or science backgrounds'' and inserting ``backgrounds in STEM fields''; (iv) in paragraph (5), by striking ``mathematics and science curricula'' each place the term appears and inserting ``STEM curricula''; (v) in paragraph (6), by striking ``mathematics and science'' and inserting ``STEM''; (vi) in paragraph (7), by striking ``mathematics or science'' each place the term appears and inserting ``STEM''; (vii) in paragraph (8)-- (I) by striking ``mathematics and science'' and inserting ``STEM''; (II) by striking ``and engineers'' and inserting ``engineers, and other professionals in STEM fields''; and (III) by striking ``science and mathematics'' and inserting ``STEM''; (viii) in paragraph (9), by striking ``mathematics and science'' and inserting ``STEM''; and (ix) in paragraph (10)-- (I) by striking ``mathematics and science teachers'' and inserting ``STEM teachers''; and (II) by striking ``mathematics and science careers (including engineering and technology)'' and inserting ``careers in STEM fields''; (D) in subsection (d)(2), by striking ``mathematics and science teaching'' and inserting ``STEM teaching''; and (E) in subsection (e)(2)-- (i) in subparagraph (A), by striking ``mathematics and science'' and inserting ``STEM''; (ii) in subparagraph (B), by inserting ``and a strategy for integrating engineering into the science assessments in accordance with section 1111(b)(3)'' before the semicolon at the end; and (iii) in subparagraph (C)-- (I) in clause (i), by striking ``mathematics and science'' and inserting ``STEM''; (II) in clause (ii), by striking ``in mathematics, engineering, or the sciences'' and inserting ``in a STEM field''; and (III) in clause (iii)-- (aa) by striking ``mathematics and science'' and inserting ``STEM subjects''; and (bb) by striking ``mathematics, engineering, and science'' and inserting ``a STEM field''. PART C--AFTER SCHOOL PROGRAMS SEC. 131. 21ST CENTURY LEARNING CENTERS. Section 4205(a)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7175(a)(2)) is amended by striking ``mathematics and science'' and inserting ``STEM''. PART D--RURAL EDUCATION SEC. 141. RURAL AND LOW-INCOME SCHOOL PROGRAM. Section 6222(a)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6351a(a)(2)) is amended by inserting ``and professional development in the area of engineering education'' before the period at the end. PART E--GENERAL PROVISIONS SEC. 151. DEFINITIONS. Section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801) is amended-- (1) by redesignating paragraphs (37) through (43) as paragraphs (38) through (44), respectively; and (2) by inserting after paragraph (37) the following: ``(38) STEM.--The term `STEM' means-- ``(A) science, technology, engineering, and mathematics; and ``(B) other academic subjects that build on the subjects described in subparagraph (A), such as computer science.''. TITLE II--AMENDMENTS TO THE EDUCATION SCIENCE REFORM ACT OF 2002 SEC. 201. NATIONAL CENTER FOR EDUCATION RESEARCH. The Education Sciences Reform Act of 2002 (20 U.S.C. 9501 et seq.) is amended-- (1) in section 131(b)(1)(C) (20 U.S.C. 9531(b)(1)(C)), by striking ``mathematics, science,'' and inserting ``STEM (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)),''; and (2) in section 133(a)(11) (20 U.S.C. 9533(a)(11)) by striking ``mathematics and science'' and inserting ``STEM (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801))''. SEC. 202. RESEARCH ON ENGINEERING EDUCATION. (a) In General.--The Secretary of Education, acting through the Director of the Institute of Education Sciences, shall support, directly or through grants or contracts, research on engineering education, including studies and evaluations that-- (1) identify and assess how science inquiry and mathematical reasoning can be connected to engineering design in kindergarten through grade 12 curricula and teacher professional development; (2) identify best practices and promising innovations in the field of kindergarten through grade 12 engineering education; and (3) include any other information or assessments the Secretary of Education may require. (b) Dissemination.--The Secretary of Education shall, based on the results of the research described in subsection (a), disseminate information and analysis to the public, and provide technical assistance to State educational agencies, on best practices and promising innovations in the field of kindergarten through grade 12 engineering education. (c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2014 through 2018.

Educating Tomorrow's Engineers Act - Amends the Elementary and Secondary Education Act of 1965 to require states to incorporate engineering design skills and practices into their academic content standards and academic achievement standards and assessments in science by the 2016-2017 school year. Requires states to reserve 10% of the grant they receive under the Teacher and Principal Training and Recruiting Fund program to award competitive grants to nonprofit organizations and other entities with expertise in the science, technology, engineering, and mathematics (STEM) fields to develop and provide professional development and instructional materials for STEM education in their state. Changes current references to the mathematics and science partnerships program to references to the STEM partnerships program, which provides funding to states, institutions of higher education, and high-need local educational agencies (LEAs) to recruit and train STEM teachers and improve STEM curricula. Amends the 21st century community learning centers program to include STEM activities (currently, mathematics and science activities) within the before- and after-school activities funded under that program. Amends the rural and low-income school program to include professional development in engineering education among the uses of the funds provided to rural LEAs. Amends the Education Sciences Reform Act of 2002 to require the National Center for Education Research to sponsor and conduct research geared toward improving STEM, rather than just mathematics and science, teaching and learning. Directs the Secretary of Education to support research on engineering education and use that research to provide information to the public, and technical assistance to states, on best practices and promising innovations in kindergarten through grade 12 engineering education.

Educating Tomorrow's Engineers Act

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Tax Relief for Business Growth and Sustainability Act of 2009''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--ESTATE AND GIFT TAX REFORM Sec. 101. Repeal of carryover basis; increased exclusion amount; maximum 35 percent rate. Sec. 102. Increase in deduction for family-owned businesses. Sec. 103. Exclusion from gross estate of value of principal residence. TITLE II--TREATMENT OF SMALL BUSINESS STOCK Sec. 201. Full exclusion from gross income of gain from qualified small business stock. Sec. 202. Repeal of alternative minimum tax treatment of qualified small business stock gain as item of tax preference. TITLE III--RELIEF FOR GOVERNMENT CONTRACTORS Sec. 301. Repeal of withholding tax on government contractors. TITLE I--ESTATE AND GIFT TAX REFORM SEC. 101. REPEAL OF CARRYOVER BASIS; INCREASED EXCLUSION AMOUNT; MAXIMUM 35 PERCENT RATE. (a) EGTRRA Sunset Not To Apply.--Section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 shall not apply to title V of such Act (other than subtitles A and E, and sections 511(d) and 521(b)(2), thereof). (b) $5,000,000 Applicable Exclusion Amount.--Subsection (c) of section 2010 of the Internal Revenue Code of 1986 is amended by striking all that follows ``the applicable exclusion amount'' and inserting ``. For purposes of the preceding sentence, the applicable exclusion amount is $5,000,000.''. (c) Maximum Estate and Gift Tax Rate 35 Percent.--Paragraph (1) of section 2001(c) of such Code is amended by striking the last 7 items in the table and inserting the following new item: ``Over $500,000.............................. $155,800, plus 35 percent of the excess of such amount over $500,000.''. (d) Effective Date.--The amendments made by this section shall apply to estates of decedents dying, and gifts made, after December 31, 2010. SEC. 102. INCREASE IN DEDUCTION FOR FAMILY-OWNED BUSINESSES. (a) In General.-- (1) Increase.--Paragraph (2) of section 2057(a) of the Internal Revenue Code of 1986 is amended by striking ``$675,000'' and inserting ``$5,000,000''. (2) Allowed in addition to applicable credit amount.-- Subsection (a) of section 2057 of such Code is amended by striking paragraph (3). (b) Effective Date.--The amendments made by this section shall apply to estates of decedents dying, and gifts made, after December 31, 2010. SEC. 103. EXCLUSION FROM GROSS ESTATE OF VALUE OF PRINCIPAL RESIDENCE. (a) In General.--Subchapter A of chapter 11 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 2059. PRINCIPAL RESIDENCE. ``(a) In General.--For purposes of the tax imposed by section 2001, in the case of a decedent who was (at the date of the decedent's death) a citizen or resident of the United States, the value of the taxable estate shall be determined by deducting from the value of the gross estate the adjusted value of any residence if-- ``(1) such residence is included in determining the value of the gross estate, ``(2) such residence is located in the United States, and ``(3) during the 8-year period ending on the date of the decedent's death, there have been periods aggregating 5 years during which such residence was owned by the decedent or a member of the decedent's family and used by the decedent or such a member as their principal residence (within the meaning of section 121). ``(b) Limitation.--The deduction allowed by this section shall not exceed $2,000,000. ``(c) Adjusted Value.--For purposes of this section, the adjusted value of property is the value of such property for purposes of this chapter, reduced by amounts allowable as a deduction in respect to such property under paragraph (4) of section 2053(a).''. (b) Clerical Amendment.--The table of sections for subchapter A of chapter 11 of such Code is amended by adding at the end the following new item: ``Sec. 2059. Principal residence.''. (c) Effective Date.--The amendments made by this section shall apply to estates of decedents dying, and gifts made, after December 31, 2010. TITLE II--TREATMENT OF SMALL BUSINESS STOCK SEC. 201. FULL EXCLUSION FROM GROSS INCOME OF GAIN FROM QUALIFIED SMALL BUSINESS STOCK. (a) In General.--Paragraph (1) of section 1202(a) of the Internal Revenue Code of 1986 is amended by striking ``50 percent of''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2008. SEC. 202. REPEAL OF ALTERNATIVE MINIMUM TAX TREATMENT OF QUALIFIED SMALL BUSINESS STOCK GAIN AS ITEM OF TAX PREFERENCE. (a) In General.--Subsection (a) of section 57 of the Internal Revenue Code of 1986 is amended by striking paragraph (7). (b) Conforming Amendment.--Subclause (II) of section 53(d)(1)(B)(ii) of such Code is amended by striking ``, (5), and (7)'' and inserting ``and (5)''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2008. TITLE III--RELIEF FOR GOVERNMENT CONTRACTORS SEC. 301. REPEAL OF WITHHOLDING TAX ON GOVERNMENT CONTRACTORS. Section 3402 of the Internal Revenue Code of 1986 is amended by striking subsection (t).

Tax Relief for Business Growth and Sustainability Act of 2009 - Makes the general terminating date of the Economic Growth and Tax Relief Reconciliation Act of 2001 (i.e., December 31, 2010) inapplicable to its estate and gift tax provisions, except for the repeal of the carryover basis. Amends the Internal Revenue Code to: (1) allow a permanent increase (to $5 million) in the estate tax exclusion and a reduction in the maximum estate tax rate to 35%; (2) increase to $5 million the estate tax deduction for interests in family-owned businesses; (3) allow an estate tax deduction, up to $2 million, of the value of the principal residence of a decedent; (4) increase from 50 to 100% the exclusion from gross income of gain from the sale or exchange of qualified small business stock held for more than 5 years; (5) eliminate gain from the sale of qualified small business stock in calculating the alternative minimum tax (AMT); and (6) repeal the requirement that federal, state, and local governmental entities withhold 3% of payments due to vendors providing goods and services to such entities.

To amend the Internal Revenue Code of 1986 to provide relief with respect to estate and gift taxes, small businesses, and government contractors.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Gulf Islands National Seashore Land Exchange Act''. SEC. 2. DEFINITIONS. In this Act: (1) Federal land.--The term ``Federal land'' means the parcel of approximately 1.542 acres of land that is located within the Gulf Islands National Seashore in Jackson County, Mississippi, and identified as ``NPS Exchange Area'' on the Map. (2) Map.--The term ``Map'' means the map entitled ``Gulf Islands National Seashore, Proposed Land Exchange with VFW, Davis Bayou Area--Jackson County, MS'', numbered 635/133309, and dated June 2016. (3) Non-federal land.--The term ``non-Federal land'' means the parcel of approximately 2.161 acres of land that is located in Jackson County, Mississippi, and identified as ``VFW Exchange Area'' on the Map. (4) Post.--The term ``Post'' means the Veterans of Foreign Wars Post 5699. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the National Park Service. SEC. 3. GULF ISLANDS NATIONAL SEASHORE LAND EXCHANGE. (a) In General.--The Secretary may convey to the Post all right, title, and interest of the United States in and to the Federal land in exchange for the conveyance by the Post to the Secretary of all right, title, and interest of the Post in and to the non-Federal land. (b) Equal Value Exchange.-- (1) In general.--The values of the Federal land and non- Federal land to be exchanged under this section shall be equal, as determined by an appraisal conducted-- (A) by a qualified and independent appraiser; and (B) in accordance with nationally recognized appraisal standards. (2) Equalization.--If the values of the Federal land and non-Federal land to be exchanged under this section are not equal, the values shall be equalized through-- (A) a cash payment; or (B) adjustments to the acreage of the Federal land or non-Federal land to be exchanged, as applicable. (c) Payment of Costs of Conveyance.-- (1) Payment required.--As a condition of the exchange authorized under this section, the Secretary shall require the Post to pay the costs to be incurred by the Secretary, or to reimburse the Secretary for the costs incurred by the Secretary, to carry out the exchange, including-- (A) survey costs; (B) any costs relating to environmental documentation; and (C) any other administrative costs relating to the land exchange. (2) Refund.--If the Secretary collects amounts from the Post under paragraph (1) before the Secretary incurs the actual costs and the amount collected by the Secretary exceeds the costs actually incurred by the Secretary to carry out the land exchange under this section, the Secretary shall provide to the Post a refund of the excess amount paid by the Post. (3) Treatment of certain amounts received.--Amounts received by the Secretary from the Post as reimbursement for costs incurred under paragraph (1) shall be-- (A) credited to the fund or account from which amounts were used to pay the costs incurred by the Secretary in carrying out the land exchange; (B) merged with amounts in the fund or account to which the amounts were credited under subparagraph (A); and (C) available for the same purposes as, and subject to the same conditions and limitations applicable to, amounts in the fund or account to which the amounts were credited under subparagraph (A). (d) Description of Federal Land and Non-Federal Land.--The exact acreage and legal description of the Federal land and non-Federal land to be exchanged under this section shall be determined by surveys that are determined to be satisfactory by the Secretary and the Post. (e) Conveyance Agreement.--The exchange of Federal land and non- Federal land under this section shall be-- (1) carried out through a quitclaim deed or other legal instrument; and (2) subject to such terms and conditions as are mutually satisfactory to the Secretary and the Post, including such additional terms and conditions as the Secretary considers to be appropriate to protect the interests of the United States. (f) Valid Existing Rights.--The exchange of Federal land and non- Federal land authorized under this section shall be subject to valid existing rights. (g) Title Approval.--Title to the Federal land and non-Federal land to be exchanged under this section shall be in a form acceptable to the Secretary. (h) Treatment of Acquired Land.--Any non-Federal land and interests in non-Federal land acquired by the United States under this section shall be administered by the Secretary as part of the Gulf Islands National Seashore. (i) Modification of Boundary.--On completion of the exchange of Federal land and non-Federal land under this section, the Secretary shall modify the boundary of the Gulf Islands National Seashore to reflect the exchange of Federal land and non-Federal land.

Gulf Islands National Seashore Land Exchange Act This bill authorizes the National Park Service (NPS) to convey to the Veterans of Foreign Wars Post 5699 approximately 1.542 acres of federal real property located within the Gulf Islands National Seashore in Jackson County, Mississippi, in exchange for a non-federal parcel of 2.161 acres. The Post shall pay the costs incurred by the NPS to carry out such exchange. Land and interests acquired by the United States under this bill shall be administered as part of the Gulf Islands National Seashore.

Gulf Islands National Seashore Land Exchange Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Building Student Success Act of 2009''. SEC. 2. FINDINGS. Congress finds that-- (1) the overwhelming majority of new jobs created by the United States economy will require at least some college; (2) the United States has slipped from number 1 in the world in the percentage of workers with college degrees; (3) in order to restore the United States standing with respect to the percentage of workers with college degrees, it will be necessary to increase the percentage of 25- to 34-year- olds attaining college degrees from 40 percent to 60 percent; (4) there is a national imperative to ensure that a greater number of citizens attain postsecondary degrees and credentials; (5) community colleges enroll more than 46 percent of all the students in American higher education taking credit-bearing courses; (6) community colleges enroll disproportionate percentages of low-income individuals, first generation college students, and underrepresented racial and ethnic minorities; (7) the graduation and completion rates of community colleges can be substantially improved from current rates; (8) community colleges receive far fewer resources per student than other types of institutions of higher education; and (9) the Federal Government has an interest in ensuring that community colleges receive greater support to help students complete their programs and achieve their personal goals. SEC. 3. COLLEGE RETENTION CHALLENGE GRANTS. Title VII of the Higher Education Act of 1965 (20 U.S.C. 1133 et seq.) is amended by adding at the end the following: ``PART F--COLLEGE RETENTION CHALLENGE GRANTS ``SEC. 791. COLLEGE RETENTION CHALLENGE GRANTS. ``(a) Establishment of Grant Program to States.-- ``(1) In general.-- ``(A) Award.--From amounts appropriated under subsection (d), the Secretary shall award grants, from allotments under paragraph (2), to States to pay the Federal share of the costs of carrying out the activities described in paragraph (4). ``(B) Grant terms.--Grants awarded under this paragraph shall be for a period of 5 years. ``(C) Definitions.--In this section: ``(i) Community college.--The term `community college' means a public institution of higher education whose highest degree offered is predominantly an associate's degree. ``(ii) Open enrollment institution.--The term `open enrollment institution' means a community college or an institution of higher education that has an admission policy whereby the college or institution will accept any student who applies for admission. ``(2) Allotments.-- ``(A) In general.--Subject to subparagraph (B), in making grant payments to grantees under this subsection, the allotment to each grantee for a fiscal year shall be equal to the sum of-- ``(i) the amount that bears the same relation to 50 percent of the amount appropriated under subsection (d) for such fiscal year as the number of residents in the State aged 15 through 44 who are living below the poverty line applicable to the individual's family size (as determined under section 673(2) of the Community Service Block Grant Act) bears to the total number of such residents in all States; and ``(ii) the amount that bears the same relation to 50 percent of the amount appropriated under subsection (d) for such fiscal year as the number of residents in the State who are enrolled in open enrollment institutions bears to the total number of such residents in all States. ``(B) Minimum allotment.--The allotment for each State under this section for a fiscal year shall not be an amount that is less than 0.5 percent of the total amount appropriated under subsection (d) for such fiscal year. ``(C) Administrative expenses.--A State may not use more than 5 percent if its allotment for administrative expenses. ``(3) Application.--A State that desires to receive a grant under this subsection shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require, including the following: ``(A) A list of the open enrollment institutions in the State and the number of students enrolled in such institutions. ``(B) A description of any data systems and performance accountability systems that the State uses to monitor its institutions of higher education. ``(C) A description of any existing statewide initiatives to improve retention and completion rates at institutions of higher education in the State. ``(D) An assurance that the State will disseminate the findings and best practices from the activities funded under the grant. ``(E) An assurance that the State will-- ``(i) review its policies and programs with respect to access, retention, and completion based on the outcomes of activities funded under the grant; and ``(ii) develop or revise policies to support institutional success improvements. ``(F) A description of how the State will provide or coordinate the provision of the non-Federal share from State resources or private contributions. ``(G) A description of the selection criteria for participating institutions, including how such criteria will ensure-- ``(i) to the extent practicable, an equitable geographic distribution of participating institutions within the State; and ``(ii) that resources are targeted to the institutions that serve high percentages or numbers of students from groups underrepresented in higher education or students with the greatest financial need. ``(4) State activities.--A State that receives a grant under this subsection shall carry out the following: ``(A) Grant or contract to nonprofit or public entity.--The State shall award a grant or contract to a nonprofit or public entity that has expertise in improving student outcomes in higher education, data management and analysis in higher education, and providing technical assistance to institutions of higher education for systemic reform to carry out a comprehensive program to improve college retention and completion at selected open enrollment institutions. ``(B) Evaluation grant.--The State shall award a grant or contract for a rigorous, external evaluation of activities funded under the grant awarded under this subsection. ``(C) Report.--The State shall report annually to the Secretary on the implementation of the grant awarded under this subsection, including information on student outcomes at participating campuses. ``(5) Additional permissible state activity.--A State that receives a grant under this subsection may collaborate with other States-- ``(A) to share data and best practices; and ``(B) to develop common approaches to improving student retention and completion. ``(6) Federal share.-- ``(A) Federal share; non-federal share.-- ``(i) Federal share.--The amount of the Federal share under this subsection for a fiscal year shall be equal to \2/3\ of the costs of the activities described in paragraph (4) that are carried out under the grant. ``(ii) Non-federal share.--The amount of the non-Federal share under this subsection shall be equal to \1/3\ of the costs of the activities described in paragraph (4). The non- Federal share may be in cash or in-kind, and may be provided from State resources, contributions from private organizations, or both. ``(B) Reduction for failure to pay non-federal share.--If a State fails to provide the full non- Federal share required under this subsection, the Secretary shall reduce the amount of the grant payment under this subsection proportionately. ``(C) Waiver.--The Secretary may waive or reduce the amount of the non-Federal share for a State-- ``(i) experiencing extreme economic distress; or ``(ii) recovering from a declared natural disaster. ``(7) Temporary ineligibility for subsequent payments.--The Secretary may determine a grantee to be temporarily ineligible to receive a grant payment under this subsection if-- ``(A) the grantee fails to submit an annual report as required under paragraph (4)(C); or ``(B) the Secretary determines, based on information in the annual report, that the grantee is not meeting the conditions of the grant or the goals of the application. ``(b) Program To Improve College Retention and Completion.-- ``(1) In general.--A nonprofit or public entity awarded a grant or contract under subsection (a)(4)(A) shall carry out each of the following: ``(A) Issue a competition for open enrollment institutions to participate in the program described in subsection (c). ``(B) Coordinate activities with the participating open enrollment institutions. ``(C) Manage data, technical assistance, professional development in cooperation with participating open enrollment institutions. ``(D) Provide expertise in the review and interpretation of data. ``(E) Facilitate the development of the improvement strategies. ``(F) Facilitate the development of policies and practices to sustain proven strategies. ``(G) Provide for institutional experimentation with innovative practices in improving student retention and completion. ``(H) Establish and maintain a web portal for sharing findings, best practices, and data among participating open enrollment institutions and to deliver professional development and technical assistance to participating open enrollment institutions. ``(2) Distribution of funds.--A nonprofit or public entity awarded a grant or contract under subsection (a)(4)(A)-- ``(A) may expend not more than 20 percent of the grant or contract funds on the activities described in paragraph (1); and ``(B) shall-- ``(i) expend the funds remaining after carrying out subparagraph (A) on the activities described in subsection (c)(2); and ``(ii) ensure that funds made available to participating campuses are of sufficient size and scope to carry out the activities described in subsection (c)(2). ``(c) Campus Participation.-- ``(1) Open enrollment institution participation.--An open enrollment institution that desires to participate in the program described in paragraph (2) shall submit an application to the nonprofit or public entity that shall include the following: ``(A) An assurance to maintain its open admission policies. ``(B) An assurance that the institution's board of trustees is fully supportive of the institution's student success plan. ``(C) A description of the core team of institutional leaders who will lead the campus process for improvement of student retention and completion. Such team, at minimum, shall include the college president, the institutional research or institutional effectiveness officer (if the institution has such a position), the chief academic officer, the chief student services officer, and representatives of the faculty responsible for programs and curricula in key areas such as developmental education, mathematics, and English. ``(D) A description of the data team that will conduct in-depth examinations of data on student outcomes disaggregated by race, ethnicity, gender, socioeconomic status, and disability status. Such team, may include the institutional research director, the senior planning administrator, information technology specialists, faculty, and student services staff. ``(E) A description of any existing institution- wide efforts to improve retention and completion. ``(F) A description of the institution's current capacity to-- ``(i) use data to devise strategies, monitor progress, and evaluate outcomes; ``(ii) develop strategies to close any identified performance gaps among students; ``(iii) involve faculty, students, staff, and communities in the development and implementation of the strategies to improve outcomes; ``(iv) report data and outcomes to the public and to the campus community; and ``(v) form partnerships with the community, local businesses, and others. ``(G) Data on student enrollment disaggregated by full-time/part-time status, race, ethnicity, gender, and any available data related to socioeconomic status and disability status. ``(H) Data on student success, including any available data on the performance indicators described in paragraph (3). ``(2) Activities.--The program under this paragraph shall include the open enrollment institution working with the nonprofit or public entity to undertake a comprehensive program of institutional improvement to increase retention and completion, which shall include the following: ``(A) Using data to devise strategies, monitor progress, and evaluate outcomes. ``(B) Developing strategies to close identified performance gaps among students. ``(C) Involving faculty, students, staff, and communities in the development and implementation of the strategies to improve outcomes. ``(D) Reporting data and outcomes to the public and to the campus community. ``(E) Forming partnerships with the community, local businesses, and others. ``(F) Institutionalizing effective policies and practices to sustain improvements in retention and completion. ``(3) Performance indicators.--In evaluating the outcome of the activities described in paragraph (2), an open enrollment institution participating in such program shall determine whether the program increased the percentage of students who-- ``(A) complete developmental courses and move on to credit-bearing courses; ``(B) enroll in and complete `gatekeeper courses' such as introductory mathematics and English; ``(C) satisfactorily complete the courses in which they enroll; ``(D) re-enroll from 1 semester to the next and from year to year; ``(E) earn certificates and degrees; and ``(F) transfer to 4-year or other institutions of higher education. ``(4) Collection and reporting of data.--An open enrollment institution participating in the program described in paragraph (2) shall collect and report data disaggregated by full-time/ part-time, race, ethnicity, gender, socioeconomic status, and disability status. ``(d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $500,000,000 for fiscal year 2010 and each of the 4 succeeding fiscal years.''.

Building Student Success Act of 2009 - Amends the Higher Education Act of 1965 to direct the Secretary of Education to allot matching grants to states so each can fund: (1) a comprehensive effort by an experienced nonprofit or public entity to assist selected open enrollment institutions (community colleges or institutions of higher education that accept any student who applies for admission) in devising, implementing, monitoring, and evaluating strategies to improve their students' success; and (2) a rigorous, external evaluation of such effort. Allots grant funds to states on the basis of each state's share of residents who are enrolled in open enrollment institutions and residents aged 15 through 44 who are impoverished.

A bill to amend title VII of the Higher Education Act of 1965 to provide for college retention challenge grants.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Blocking Deadly Fentanyl Imports Act''. SEC. 2. AMENDMENT TO DEFINITION OF MAJOR ILLICIT DRUG PRODUCING COUNTRY. Section 481(e)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291(e)(2)) is amended-- (1) in the matter preceding subparagraph (A), by striking ``in which''; (2) in subparagraph (A), by inserting ``in which'' before ``1,000''; (3) in subparagraph (B)-- (A) by inserting ``in which'' before ``1,000''; and (B) by striking ``or'' at the end; (4) in subparagraph (C)-- (A) by inserting ``in which'' before ``5,000''; and (B) by inserting ``or'' after the semicolon; and (5) by adding at the end the following: ``(D) that is a significant source of illicit fentanyl, fentanyl analogues, or the precursors of fentanyl and fentanyl analogues;''. SEC. 3. INTERNATIONAL NARCOTICS CONTROL STRATEGY REPORT. Section 489(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291h(a)) is amended by adding at the end the following: ``(9) A separate section that contains the following: ``(A) An identification of the countries that are the most significant exporters of illicit fentanyl, fentanyl analogues, and fentanyl precursor chemicals during the preceding calendar year. ``(B) An identification of the countries that are the most significant sources of diversion or chemicals described in subparagraph (A) for illicit uses. ``(C) A description of the extent to which each country identified pursuant to subparagraphs (A) and (B) has cooperated with the United States to prevent the chemicals described in subparagraph (A) from being exported from such country to the United States.''. SEC. 4. WITHHOLDING OF BILATERAL AND MULTILATERAL ASSISTANCE. (a) In General.--Section 490(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291j(a)) is amended-- (1) by striking ``clause (i) or (ii) of section 489(a)(8)(A) of this Act'' and inserting ``paragraph (8)(A) or (9) of section 489(a)''; and (2) by striking ``clause (i) or (ii) of section 489(a)(8)(A) of this Act'' and inserting ``paragraph (8)(A) or (9) of section 489(a)''. (b) Designation of Countries Without Emergency Scheduling Procedures.--Section 706(2) of the Foreign Relations Authorization Act, Fiscal Year 2003 (22 U.S.C. 2291j-1(2)) is amended-- (1) in the matter preceding subparagraph (A), by striking ``also''; (2) in subparagraph (A), by striking ``and'' at the end; (3) by redesignating subparagraph (B) as subparagraph (E); (4) by inserting after subparagraph (A) the following: ``(B) designate each country, if any, identified in such report that has failed to adopt and utilize emergency scheduling procedures for new illicit drugs and other synthetics that are comparable to the procedures authorized under title II of the Controlled Substances Act (21 U.S.C. 811 et seq.) for adding drugs and other substances to the controlled substances schedules;''; and (5) in subparagraph (E), as redesignated, by striking ``so designated'' and inserting ``designated under subparagraph (A), (B), (C), or (D)''. (c) Designation of Countries Without Ability To Prosecute Criminals for the Manufacture or Distribution of Fentanyl Analogues.--Section 706(2) of the Foreign Relations Authorization Act, Fiscal Year 2003 (22 U.S.C. 2291j-1(2)), as amended by subsection (b), is further amended by inserting after subparagraph (B) the following: ``(C) designate each country, if any, identified in such report that is incapable of prosecuting criminals for the manufacture or distribution of controlled substance analogues (as defined in section 102(32) of the Controlled Substances Act (21 U.S.C. 802(32)) in the same manner as criminals are prosecuted for the manufacture or distribution of controlled substances;''. (d) Designation of Countries That Do Not Require the Registration of Pill Presses and Tableting Machines.--Section 706(2) of the Foreign Relations Authorization Act, Fiscal Year 2003 (22 U.S.C. 2291j-1(2)), as amended by subsections (b) and (c), is further amended by inserting after subparagraph (C) the following: ``(D) designate each country, if any, identified in such report that does not require the registration of tableting machines and encapsulating machines in a manner comparable to the registration requirements set forth in part 1310 of title 21, Code of Federal Regulations; and''.

Blocking Deadly Fentanyl Imports Act This bill amends the Foreign Assistance Act of 1961 to include in the definition of "major illicit drug producing country" a country that is a significant source of illicit fentanyl, fentanyl analogues, or fentanyl precursor chemicals. (Fentanyl is a synthetic opioid analgesic typically used to relieve pain.) The bill requires the international narcotics control strategy report to: identify countries that are the most significant exporters of illicit fentanyl, fentanyl analogues, and fentanyl precursor chemicals; identify countries that are the most significant sources of the diversion of such chemical for illicit uses; and describe the extent to which an identified country has cooperated with the United States to prevent the export of such chemical to the United States. The bill requires the withholding of bilateral and multilateral assistance from an identified country. The Foreign Relations Authorization Act, Fiscal Year 2003 is amended to require the President, as part of the report identifying major drug transit countries, to designate each country that: does not utilize specified emergency scheduling procedures for new illicit drugs and other synthetics that are comparable to the procedures used for controlled substances schedules, is incapable of prosecuting criminals for the manufacture or distribution of controlled substance analogues in the same manner that applies to controlled substances, and does not require specified registration of tableting or encapsulating machines.

Blocking Deadly Fentanyl Imports Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom From Toll Fraud Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Reforms required by the Telephone Disclosure and Dispute Resolution Act of 1992 have improved the reputation of the pay-per-call industry and resulted in regulations that have reduced the incidence of misleading practices that are harmful to the public interest. (2) Among the successful reforms is a prohibition on charges being assessed for calls to 800 telephone numbers or other telephone numbers advertised or widely understood to be toll free. (3) Nevertheless, certain interstate pay-per-call businesses are taking advantage of an exception in the prohibition on charging for information conveyed during a call to a ``toll-free'' number to continue to engage in misleading practices. These practices are not in compliance with the intent of Congress in passing the Telephone Disclosure and Dispute Resolution Act. (4) Therefore, it is necessary for Congress to clarify that its intent is that charges for information provided during a call to an 800 number or other number widely advertised and understood to be toll free shall not be assessed to the calling party unless the calling party agrees to be billed according to the terms of a written subscription agreement. SEC. 2. AMENDMENT TO THE COMMUNICATIONS ACT OF 1934. (a) Amendment.--Section 228(c) of the Communications Act of 1934 (47 U.S.C. 228(c)) is amended-- (1) by striking subparagraph (C) of paragraph (7) and inserting the following: ``(C) the calling party being charged for information conveyed during the call unless-- ``(i) the calling party has a written subscription agreement with the information provider that meets the requirements of paragraph (8); or ``(ii) the calling party is charged in accordance with paragraph (9); or''; and (2) by adding at the end the following new paragraphs: ``(8) Subscription agreements for billing for information provided via toll-free calls.-- ``(A) In general.--For purposes of paragraph (7)(C)(i), a written subscription agreement shall specify the terms and conditions under which the information is offered and include-- ``(i) the rate at which charges are assessed for the information; ``(ii) the information provider's name; ``(iii) the information provider's business address; ``(iv) the information provider's regular business telephone number; ``(v) the information provider's agreement to notify the subscriber at least 30 days in advance of all future changes in the rates charged for the information; ``(vi) the signature of a legally competent subscriber agreeing to the terms of the agreement; and ``(vii) the subscriber's choice of payment method, which may be by phone bill or credit or calling card. ``(B) Billing arrangements.--If a subscriber elects, pursuant to subparagraph (A)(vii), to pay by means of a phone bill-- ``(i) the agreement shall clearly explain that the subscriber will be assessed for calls made to the information service from the subscribers phone line; ``(ii) the phone bill shall include, in prominent type, the following disclaimer: `Common carriers may not disconnect local or long distance telephone service for failure to pay disputed charges for information services.'; and ``(iii) the phone bill shall clearly list the 800 number dialed. ``(C) Use of pin's to prevent unauthorized use.--A written agreement does not meet the requirements of this paragraph unless it provides the subscriber a personal identification number to obtain access to the information provided, and includes instructions on its use. ``(D) Exceptions.--Notwithstanding paragraph (7)(C), a written agreement that meets the requirements of this paragraph is not required-- ``(i) for services provided pursuant to a tariff that has been approved or permitted to take effect by the Commission or a State commission; or ``(ii) for any purchase of goods or of services that are not information services. ``(E) Termination of service.--On complaint by any person, a carrier may terminate the provision of service to an information provider unless the provider supplies evidence of a written agreement that meets the requirements of this section. The remedies provided in this paragraph are in addition to any other remedies that are available under title V of this Act. ``(9) Charges by credit or calling card in absence of agreement.--For purposes of paragraph (7)(C)(ii), a calling party is not charged in accordance with this paragraph unless the calling party is charged by means of a credit or calling card and the information service provider includes in response to each call an introductory disclosure message that-- ``(A) clearly states that there is a charge for the call; ``(B) clearly states the service's total cost per minute and any other fees for the service or for any service to which the caller may be transferred; ``(C) explains that the charges must be billed on either a credit or calling card; ``(D) asks the caller for the credit or calling card number; ``(E) clearly states that charges for the call begin at the end of the introductory message; and ``(F) clearly states that the caller can hang up at or before the end of the introductory message without incurring any charge whatsoever. ``(10) Definition of calling card.--As used in this subsection, the term `calling card' means an identifying number or code unique to the individual, that is issued to the individual by a common carrier and enables the individual to be charged by means of a phone bill for charges incurred independent of where the call originates.''. (b) Regulations.--The Federal Communications Commission shall revise its regulations to comply with the amendment made by subsection (a) of this section within 180 days after the date of enactment of this Act. SEC. 3. AMENDMENT TO TITLE II OF TDDRA. Section 204(1) of the Telephone Disclosure and Dispute Resolution Act is amended to read as follows: ``(1) The term `pay-per-call services' has the meaning provided in section 228(i)(1) of the Communications Act of 1934, except that the Commission by rule may, notwithstanding subparagraphs (B) and (C) of such section, extend such definition to other similar services providing audio information or audio entertainment if the Commission determines that such services are susceptible to the unfair and deceptive practices that are prohibited by the rules prescribed pursuant to section 201(a).''.

Freedom from Toll Fraud Act - Amends the Communications Act of 1934 to revise the requirements that must be met in order to charge the calling party for information provided during a call to a toll free (800) number. Amends the Telephone Disclosure and Dispute Resolution Act (TDDRA) to modify the definition of "pay-per-call services" to allow the Federal Trade Commission to extend the definition to other services providing audio information or audio entertainment if the Commission determines that such services are susceptible to the unfair and deceptive practices prohibited by rules prescribed under specified provisions of the TDDRA.

Freedom From Toll Fraud Act

SECTION 1. FINDINGS. Congress finds the following: (1) The United States must have adequate infrastructure and policies in place under the Department of Homeland Security to protect against potential terrorists attempting to enter the United States along the Southwest Border. (2) According to top government officials, several Al Qaeda leaders believe operatives can pay their way into the country through Mexico and also believe illegal entry is more advantageous than legal entry for operational security reasons. (3) Official border patrol records reveal a disturbing trend on the southern border indicating a growth in other than Mexicans (OTMs), many from countries of interest, crossing into the United States--between 2003 and 2004 the increase was at least 35 percent. (4) Because of budget constraints, the U.S. Immigration and Customs Enforcement Office of Detention and Removal does not have sufficient bed space to detain all illegal immigrants from special interest countries therefore releasing them on personal recognizance. (5) The Department of Homeland Security estimates that up to 90 percent of these immigrants do not appear for their immigration hearings. (6) The Department of Homeland Security needs more personnel at the borders with the necessary security clearances and equipment to adequately screen and detain immigrants coming to the United States. (7) The Secretary of Homeland Security should provide appropriate training for inspectors, and associated support staff, on an ongoing basis to utilize new technologies and to ensure that the proficiency levels of such personnel are acceptable to protect the borders of the United States. SEC. 2. IMPROVEMENT IN SECURITY CLEARANCE PROCESS ALONG THE UNITED STATES-MEXICO BORDER AND INCREASE IN DETENTION BEDS. (a) Improvement in Security Clearance Process.--The Secretary of Homeland Security shall-- (1) expeditiously implement policies ensuring that personnel of the Department of Homeland Security along the United States-Mexico border have the security clearances required to access information necessary to adequately screen immigrants entering the United States at such border, including IDENT and IAFIS databases and databases used by the Department's inspectors in secondary inspections; (2) develop the interagency agreements and information technology infrastructure necessary for border agents to adequately screen immigrants entering the United States at such border; and (3) explore information sharing programs with countries of interest to adequately screen immigrants entering our borders. (b) Increase in Detention Beds.--Subject to the availability of appropriations, the Secretary of Homeland Security shall increase by the amount necessary the number of detention beds needed to detain all immigrants apprehended by U.S. Customs and Border Protection. (c) Sense of Congress.--It is the sense of the Congress that the Office of Detention and Removal Operation should be placed under the operational control of the Commissioner of U.S. Customs and Border Protection, since the largest client of such office is the Border Patrol. SEC. 3. STUDY OF PERSONNEL LEVELS. (a) In General.--The Secretary of Homeland Security shall contract with an independent entity to undertake a study to determine the necessary level and allocation of personnel, including support staff, at United States ports of entry and border patrol sectors. (b) Items to Be Included.--Such study shall take into account at least the following: (1) The overall mission of U.S. Customs and Border Protection. (2) Threat and vulnerability information pertaining to the Nation's borders and ports of entry (3) The impact of new border security programs, policies and technologies, and the level of cross-training received by all staff. (c) Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees, as defined in section 2(2) of the Homeland Security Act of 2002 (6 U.S.C. 101(2)), a report on the study conducted under this section. SEC. 4. ONGOING TRAINING OF BORDER SECURITY PERSONNEL. The Secretary of Homeland Security shall provide appropriate training for all border security personnel, and associated support staff on an ongoing basis to utilize new technologies and to ensure that the proficiency levels of such personnel are acceptable to protect the borders of the United States. SEC. 5. PROMPT AND PROPER ENFORCEMENT. (a) Sense of Congress.--It is the sense of the Congress that-- (1) prosecutors and immigration judges are critical for the prompt and proper enforcement of our immigration laws, and are an important part of a comprehensive strategy; and (2) an insufficient number of prosecutors and immigration judges currently exists to enforce the immigration laws of the United States. (b) Authorization.--There are hereby authorized to be appropriated amounts necessary to provide for appropriate staff increases for judicial and prosecutorial offices, commensurate with other personnel increases directed in this Act. SEC. 6. REPORT ON DETENTION AND REMOVAL OPERATIONS. (a) In General.--The Secretary of Homeland Security shall submit to the appropriate congressional committees (as defined in section 2(2) of the Homeland Security Act of 2002 (6 U.S.C. 101(2))) a report on detention and removal operations, detailing the amount of additional detention space and resources required to detain all persons presenting a possible threat to homeland security. (b) Information to Be Included.--The report shall include information on-- (1) alternatives to detention, including electronic monitoring, telephone, and voice recognition programs for those on bond, and conducting deportation proceedings prior to prisoners' release from Federal, State, and local prisons; and (2) countries to which removal is problematic. SEC. 7. COMPREHENSIVE BORDER SECURITY STRATEGY. The Secretary of Homeland Security, in consultation with the heads of all other Federal agencies with border-related functions or with facilities or lands on or along the border, shall submit to the appropriate congressional committees (as defined in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101)) unclassified and classified versions of a unified, comprehensive strategy to secure the land borders of the United States. Such strategy shall be submitted not later than 6 months after the date of the enactment of this Act and shall include a description of the actions already taken to implement the strategy.

Requires the Secretary of Homeland Security to: (1) ensure that Department of Homeland Security personnel along the U.S.-Mexico border have the security clearances required to access information to adequately screen entering immigrants; (2) develop the interagency agreements and information technology infrastructure necessary for such screening; (3) explore information sharing programs with countries of interest; and (4) increase by the amount necessary the number of detention beds needed to detain all immigrants apprehended by U.S. Customs and Border Protection (CBP). Expresses the sense of Congress that the Office of Detention and Removal Operations should be placed under the operational control of the Commissioner of CBP (currently, under U.S. Immigration and Customs Enforcement). Requires the Secretary to: (1) contract with an independent entity to study the necessary level and allocation of personnel at U.S. ports of entry and border patrol sectors; (2) provide ongoing training for all border security personnel; and (3) submit a report on detention and removal operations and a unified, comprehensive border security strategy to appropriate congressional committees. Expresses the sense of Congress that: (1) prosecutors and immigration judges are critical for the prompt and proper enforcement of immigration laws and are an important part of a comprehensive strategy; and (2) there is an insufficient number of prosecutors and immigration judges for immigration enforcement. Authorizes appropriations for staff increases.

To improve the security clearance process along the United States-Mexico border, to increase the number of detention beds, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Zero Tolerance of Child Sexual Abuse Act of 2011''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Children are vulnerable to sexual abuse from infancy through early adulthood. Both boys and girls are most vulnerable to abuse between the ages of 7 and 13. (2) According to the Department of Justice national statistics, 1 out of 3 girls and 1 out of 5 boys will become victims of sexual abuse by the time they reach their 18th birthday. (3) The majority of instances of child sexual abuse are committed by someone the child knows and trusts. In 90 percent of child sexual abuse cases the perpetrators are trusted family members or close friends. (4) Identifying victims of child sex abuse is sometimes difficult because physical signs are often not present. Perpetrators seldom use physical force because the child usually trusts or depends upon the offender. The longer children have been abused the less likely they are to exhibit behavioral changes by the time the abuse is finally reported. (5) Most sexually abused children do not tell anyone they were abused, even when directly asked by parents or other authority figures. Sixty-seven percent of all victims of sexual assault reported to law enforcement agencies were juveniles (under the age of 18), of which 34 percent were under age 12. (6) Failing to protect a child from child abuse could prove fatal. More than 5 children die every day as a result of child abuse. According to the Third National Incidence Study, girls are sexually abused 3 times more often than boys, whereas boys are more likely to die or be seriously injured from their abuse. Child sexual abuse has been reported up to 80,000 times a year; however, the number of unreported instances is far greater. (7) A child who is the victim of prolonged sexual abuse usually develops low self-esteem, a feeling of worthlessness, and an abnormal or distorted view of sex. About 80 percent of 21 year olds that were abused as children met criteria for at least one psychological disorder. Thirty percent of abused and neglected children will later abuse their own children, continuing the horrible cycle of abuse. SEC. 3. NO FEDERAL FUNDS FOR VIOLATION OF ZERO TOLERANCE REQUIREMENTS. (a) Zero Tolerance for Failure To Report Sexual Abuse of a Minor.-- (1) In general.--Notwithstanding any other provision of law, no Federal funds (except as provided in paragraph (3)) shall be provided to a covered entity for the duration of the period described in paragraph (2) if the Attorney General determines that the covered entity is in violation of any provision of this section or any regulation promulgated in accordance with this section. (2) Duration of penalty.--The period during which a covered entity shall be ineligible to receive Federal funds for a violation of this section or regulations promulgated in accordance with this section shall be determined by the Attorney General based on the severity of the violation by such entity, except that-- (A) the duration of the period for such a penalty shall be not less than 1 year and not more than 5 years; and (B) notwithstanding subparagraph (A), the Attorney General may reduce the duration of such a period, or terminate the application of such a penalty to a covered entity, if the Attorney General determines that the entity has in effect and is enforcing policies necessary to fully comply with the provisions of this section and any regulations promulgated in accordance with this section, and that there is good cause for such a reduction or termination. (3) Student financial aid exception.--Notwithstanding paragraph (1), funds to provide Federal student financial aid to students at an institution of higher education shall not be reduced as a result of a violation by such an institution of this section or regulations promulgated in accordance with this section. (4) Effective date.--This subsection shall apply to covered entities for the first fiscal year beginning after the date that is one year after the date on which the Attorney General promulgates regulations in accordance with subsection (b), and each succeeding fiscal year. (b) Regulations Required.--Not later than 6 months after the date of enactment of this Act, the Attorney General shall, in consultation with the Secretary of Education and the Secretary of Health and Human Services (acting through the Administration of Children and Families), promulgate regulations to ensure that officers and employees of covered entities report any sexual abuse of minors known or suspected by such officers or employees to law enforcement. Such regulations shall-- (1) include required processes and procedures covered entities shall have in place to ensure the timely and accurate reporting by officers and employees to law enforcement of incidences of sexual abuse of a minor that occur at a location used or controlled by a covered entity; (2) require each covered entity to provide training to all officers and employees of the entity relating to the reporting to law enforcement (and any other person required by such regulations or the covered entity) of any suspected or known incidence of sexual abuse of a minor; (3) provide for a system by which a covered entity may be required to provide to a minor victim of sexual abuse reimbursement for treatment required by such victim (including medical treatment and counseling) if the covered entity failed to report an incidence of sexual abuse of such victim in accordance with such regulations; (4) provide for notice and an opportunity for a hearing if the Attorney General has reason to believe that a covered entity is in violation of such regulations; and (5) prohibit a covered entity from discharging or in any manner discriminating against an officer or employee because such officer or employee provided information or made a complaint to a supervisor or to any law enforcement agency relating to an allegation of sexual abuse of a minor, provided that the officer or employee acted in good faith when providing such information or making such complaint. (c) Definitions.--In this section: (1) the term ``covered entity'' means-- (A) an institution of higher education, as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002); or (B) a non-profit organization that directly or indirectly provides services to, or carries out any activities that involve direct contact with, minors; (2) the term ``minor'' means an individual who is less than 18 years of age; (3) the term ``officer'' when used in relation to an institution of higher education, includes academic and athletic officials such as the president, a dean, or an athletic coach of the institution; and (4) the term ``sexual abuse'' has the meaning given the term in section 111 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106g). SEC. 4. MANDATORY REPORTING BY STATE EMPLOYEES. Section 106(b)(2)(B)(i) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a(b)(2)(B)(i)) is amended by inserting before the semicolon the following: ``, who shall include individuals employed in any position that involves direct contact with children''.

Federal Zero Tolerance of Child Sexual Abuse Act of 2011 - Prohibits the provision of federal funding to nonprofit organizations that deal with children and to institutions of higher education if the Attorney General determines that an officer or employee of such entity has failed to report known or suspected incidents of child sexual abuse to law enforcement. Excepts federal student financial aid from that prohibition. Sets the duration of the funding prohibition at from one to five years. Allows the Attorney General to reduce the duration of the prohibition or eliminate it altogether if there is good cause for taking such action and the nonprofit organization or school is enforcing policies to comply with this Act's reporting requirements. Amends the Child Abuse Prevention and Treatment Act to require states receiving grants for child abuse or neglect prevention and treatment to require individuals employed in any position that involves direct contact with children to report known and suspected instances of child abuse and neglect.

To prohibit institutions of higher education and nonprofit organizations that fail to report incidents of sexual abuse of a minor from receiving Federal funds, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Information Technology (IT) Public Utility Act of 2009''. SEC. 2. DEFINITIONS. In this Act: (1) Board.--The term ``Board'' means the Federal Consolidated Health Information Technology Board established under section 3. (2) RPMS.--The term ``RPMS'' means the Resource and Patient Management System of the Indian Health Service. (3) Secretary.--The term ``Secretary'' means the Secretary of Veterans Affairs. (4) VistA.--The term ``VistA'' means the VistA software program utilized by the Department of Veterans Affairs. SEC. 3. FEDERAL CONSOLIDATED HEALTH INFORMATION TECHNOLOGY BOARD. (a) Establishment.--To facilitate the implementation of electronic health record systems among safety-net health care providers (particularly small, rural providers) there shall be established within the Office of the National Coordinator for Health Information Technology of the Department of Health and Human Services, a Federal Consolidated Health Information Technology Board. (b) Board of Directors.--The Board shall be administered by a board of directors that shall be composed of the following individuals or their designees: (1) The Secretary. (2) The Under Secretary for Health of the Department of Veterans Affairs. (3) The Director of the Indian Health Service. (4) The Secretary of Defense. (5) The Secretary of Health and Human Services. (6) The Director of the Agency for Healthcare Research and Quality. (7) The Administrator of the Health Resources and Services Administration. (8) The Chairman of the Federal Communications Commission. (c) Duties.--The Board shall-- (1) provide ongoing communication with existing VistA and RPMS user groups to ensure that there is constant interoperability between such groups and to provide for the sharing of innovative ideas and technology; (2) update VistA and RPMS open source software (including health care provider-based electronic health records, personal health records, and other software modules) on a timely basis; (3) implement and administer the 21st Century HIT Grant Program under section 4, including providing for notice in the Federal Register as well as-- (A) determining specific health information technology grant needs based on health care provider settings; (B) developing benchmarks for levels of implementation in each year that 21st Century grant funding is provided; and (C) providing ongoing VistA and RPMS technical assistance to grantees under such program (either through the provision of direct technical support or through the awarding of competitive contracts to other qualified entities); (D) develop mechanisms to integrate VistA and RPMS with records and billing systems utilized under the Medicaid and State children's health insurance programs under titles XIX and XXI of the Social Security Act (42 U.S.C. 1396 and 1397aa et seq.); (4) establish a child-specific electronic health record, consistent with the parameters to be set for child electronic health records as provided for in the American Recovery and Reinvestment Act of 2009, to be used in the Medicaid and State children's health insurance programs under titles XIX and XXI of the Social Security Act, and under other Federal children's health programs determined appropriate by the board of directors; (5) develop and integrate quality and performance measurement into the VistA and RPMS modules; (6) integrate the 21st Century HIT Grant Program under section 4 with the Federal Communications Commission's Rural Health Care Pilot Program, with Department of Veterans Affairs hospital systems, and with other Federal health information technology health initiatives; and (7) carry out other activities determined appropriate by the board of directors. (d) Annual Audits.--The Comptroller General of the United States shall annually conduct an audit of the activities of the Board during the year and submit the results of such audits to the appropriate committees of Congress. (e) Authorization of Appropriations.--There is authorized to be appropriated such sums as may be necessary to carry out this section. SEC. 4. 21ST CENTURY HEALTH INFORMATION TECHNOLOGY (HIT) GRANTS. (a) Establishment.--The Board shall establish a grant program, to be known as the 21st Century Health Information Technology (HIT) Grant program, to award competitive grants to eligible safety-net health care providers to enable such providers to fully implement VistA or RPMS with respect to the patients served by such providers. (b) Eligibility.-- (1) In general.--To be eligible to receive a grant under subsection (a), an entity shall-- (A) be-- (i) a public or nonprofit health care provider (as defined in section 254(h)(7)(B) of the Communications Act of 1934 (47 U.S.C. 254(h)(7)(B)), including-- (I) post-secondary educational institutions offering health care instruction, teaching hospitals, and medical schools; (II) a community health center receiving a grant under section 330 of the Public Health Service Act (42 U.S.C. 254) or a health center that provides health care to migrants; (III) a local health department or agency, including a dedicated emergency department of rural for-profit hospitals; (IV) a community mental health center; (V) a nonprofit hospital; (VI) a rural health clinic, including a mobile clinic; (VII) a consortia of health care providers, that consists of 1 or more of the entities described in clauses (i) through (vi); and (VIII) a part-time eligible entity that is located in an otherwise ineligible facility (as described in section 5(b); or (ii) a free clinic (as defined in paragraph (4); and (B) submit to the Board as application at such time, in such manner, and containing such information as the Board may require. (2) Non-eligible entities.-- (A) In general.--An entity shall not be eligible to receive a grant under this section if such entity is a for-profit health care entity (except as provided for in paragraph (1)(A)), or any other type of entity that is not described in such paragraph, including-- (i) an entity described in paragraph (1)(A) that is implementing an existing electronic health records system; (ii) an entity that is receiving grant funding under the Federal Communication Commission Rural Health Pilot Program; (iii) an entity receiving funding for health information technology through a Medicaid transformation grant under title XIX of the Social Security Act (42 U.S.C. 1936 et seq.); (iv) a private physician office or clinic; (v) a nursing home or other long-term care facility (such as an assisted living facility); (vi) an emergency medical service facility; (vii) a residential substance abuse treatment facility; (viii) a hospice; (ix) a for-profit hospital; (x) a home health agency; (xi) a blood bank; (xii) a social service agency; and (xiii) a community center, vocational rehabilitation center, or youth center. (B) Other entities.--An entity shall not be eligible to receive a grant under this section if such entity is receiving Medicare or Medicaid incentive funding under any of the amendments made by title IV of division B of the American Recovery and Reinvestment Act of 2009. (3) Preference.--In awarding grant under this section the Board shall give preference to applicants that-- (A) are located in geographical areas that have a greater likelihood of serving the same patients and utilizing interoperability to promote coordinated care management; or (B) demonstrate the greatest need for such award (as determined by the Secretary). (4) Definition.--In this subsection, the term ``free clinic'' means a safety-net health care organization that-- (A) utilizes volunteers to provide a range of medical, dental, pharmacy, or behavioral health services to economically disadvantaged individuals the majority of whom are uninsured or underinsured; and (B) is a community-based tax-exempt organization under section 501(c)(3) of the Internal Revenue Code of 1986, or that operates as a program component or affiliate of such a 501(c)(3) organization. An entity that is otherwise a free clinic under this paragraph, but that charge a nominal fee to patients, shall still be considered to be a free clinic if the entity delivers essential services regardless of the patient's ability to pay. (c) Use of Funds.--An entity shall use amounts received under a grant under this section to fully implement the VistA or RPMS with respect to the patients served by such entity. Such implementation shall include at least the meaningful use (as defined by the Secretary of Health and Human Services) of such systems, including any ongoing updates and changes to such definition. (d) Term and Renewal.--A grant under this section shall be for a period of not to exceed 5 years and may be renewed, as determined appropriate by the Board, based on the achievement of benchmarks required by the Board. (e) Annual Reporting.-- (1) By grantees.--Not later than 1 year after the date on which an entity receives a grant under this section, and annually during each year in which such entity has received funds under such grant, such entity shall submit to the Board a report concerning the activities carried out under the grant. (2) By board.--Not later than 2 years after the date of enactment of this Act, and annually thereafter, the Board shall submit to the appropriate committees of Congress a report concerning the activities carried out under this section, including-- (A) a description of the grants that have been awarded under this section and the purposes of such grants; (B) specific implementation information with respect to activities carried out by grantees; (C) the costs and savings achieved under the program under this section; (D) a description of any innovations developed by health care providers as a result of the implementation of activities under this grant; (E) a description of the results of grant activities on patient care quality measurement (including reductions in medication errors and the provision of care management); (F) a description of the extent of electronic health record use across health care provider settings; (G) a description of the extent to which integration of VistA and RPMS with Medicaid and State children's health insurance program billing has been achieved; and (H) any other information determined necessary by the Board. (f) Annual Audits.--The Comptroller General of the United States shall annually conduct an audit of the grant program carried out under this section and submit the results of such audits to the Board and the appropriate committees of Congress. (g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section-- (1) $2,000,000,000 for each of fiscal years 2010 and 2011; and (2) $1,000,000,000 for each of fiscal years 2012 through 2014. SEC. 5. 21ST CENTURY HEALTH INFORMATION TECHNOLOGY DEMONSTRATION PROGRAM FOR INELIGIBLE ENTITIES. (a) In General.--The Board may use not to exceed 10 percent of the amount appropriate for each fiscal year under section 4(g) to award competitive grants to eligible long-term care providers for the conduct of demonstration projects to implement VistA or RPMS with respect to the individuals served by such providers. (b) Eligibility.-- (1) In general.--To be eligible to receive a grant under subsection (a), an entity shall-- (A) be a-- (i) nursing home or other long-term care facility (such as an assisted living facility); (ii) a hospice; or (iii) a home health agency; and (B) submit to the Board as application at such time, in such manner, and containing such information as the Board may require, including a description of the manner in which the applicant will use grant funds to implement VistA or RPMS with respect to the individuals served by such applicant to achieve one or more of the following: (i) Improve care coordination and chronic disease management. (ii) Reduce hospitalizations. (iii) Reduce patient churning between the hospital, nursing home, hospice, and home health entity. (iv) Increase the ability of long-term care patients to remain in their homes and communities. (v) Improve patient completion, and provider execution, of advance directives. (2) Noneligibility.--An entity shall not be eligible to receive a grant under this section if such entity is receiving Medicare or Medicaid incentive funding under any of the amendments made by title IV of division B of the American Recovery and Reinvestment Act of 2009. (c) Use of Funds.--An entity shall use amounts received under a grant under this section to implement the VistA or RPMS with respect to the individuals served by such entity. Such implementation shall include at least the meaningful use (as defined by the Secretary of Health and Human Services) of such systems, including any ongoing updates and changes to such definition. (d) Duration.--A grant under this section shall be for a period of not to exceed 3 years, as determined appropriate by the Board. (e) Reporting.--The Board, as part of the report submitted under section 4(e)(2), shall provide comprehensive information on the activities conducted under grants awarded under this section.

Health Information Technology (IT) Public Utility Act of 2009 - Establishes within the Office of the National Coordinator for Health Information Technology of the Department of Health and Human Services (HHS) a Federal Consolidated Health Information Technology Board to facilitate the implementation of electronic health record systems among safety-net health care providers, particularly small, rural providers. Sets forth the duties of the Board, which include: (1) ensuring that there is a constant interoperability between VistA (the software program utilized by the Department of Veterans Affair [VA]) and the RPMS (the Resource and Patient Management System of the Indian Health Service); (2) updating VistA and RPMS open source software on a timely basis; (3) establishing a child-specific electronic health record; and (4) developing and integrating quality and performance measurements. Directs the Board to establish the 21st Century Health Information Technology (HIT) Grant Program to award competitive grants to eligible safety-net health care providers to enable such providers to fully implement VistA or RPMS with respect to the patients served by such providers. Directs the Board to give preference to applicants that: (1) are located in geographical areas that have a greater likelihood of serving the same patients and utilizing interoperability to promote coordinated care management; or (2) demonstrate the greatest need for such award. Authorizes the Board to award competitive grants to eligible long-term care providers for demonstration projects to implement VistA or RPMS with respect to the individuals served by such providers.

To provide for the use of improved health information technology with respect to certain safety net health care providers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``End Oil and Gas Tax Subsidies Act of 2015''. SEC. 2. AMORTIZATION OF GEOLOGICAL AND GEOPHYSICAL EXPENDITURES. (a) In General.--Section 167(h) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``24-month period'' in paragraph (1) and inserting ``7-year period'', and (2) by striking paragraph (5). (b) Effective Date.--The amendment made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2015. SEC. 3. PRODUCING OIL AND GAS FROM MARGINAL WELLS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking section 45I (and by striking the item relating to such section in the table of sections for such subpart). (b) Conforming Amendment.--Section 38(b) of such Code is amended by striking paragraph (19). (c) Effective Date.--The amendment made by subsection (a) shall apply to credits determined for taxable years beginning after December 31, 2015. SEC. 4. ENHANCED OIL RECOVERY CREDIT. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking section 43 (and by striking the item relating to such section in the table of sections for such subpart). (b) Conforming Amendment.--Section 38(b) of such Code is amended by striking paragraph (6). (c) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2015. SEC. 5. INTANGIBLE DRILLING AND DEVELOPMENT COSTS IN THE CASE OF OIL AND GAS WELLS. (a) In General.--Subsection (c) of section 263 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 with respect to an oil or gas well after December 31, 2015.''. (b) Effective Date.--The amendment made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2015. SEC. 6. REPEAL OF PERCENTAGE DEPLETION FOR OIL AND GAS WELLS. (a) In General.--Part I of subchapter I of chapter 1 of the Internal Revenue Code of 1986 is amended by striking section 613A (and the table of sections of such part is amended by striking the item relating to such section). (b) Conforming Amendments.-- (1) Subsection (d) of section 45H of such Code is amended-- (A) by striking ``For purposes this section'' and inserting the following: ``(1) In general.--For purposes of this section'', (B) by striking ``(within the meaning of section 613A(d)(3))'', and (C) by adding at the end the following new paragraph: ``(2) Related person.--For purposes of this subsection, a person is a related person with respect to the taxpayer if a significant ownership interest in either the taxpayer or such person is held by the other, or if a third person has a significant ownership interest in both the taxpayer and such person. For purposes of the preceding sentence, the term `significant ownership interest' means-- ``(A) with respect to any corporation, 5 percent or more in value of the outstanding stock of such corporation, ``(B) with respect to a partnership, 5 percent or more interest in the profits or capital of such partnership, and ``(C) with respect to an estate or trust, 5 percent or more of the beneficial interests in such estate or trust. For purposes of determining a significant ownership interest, an interest owned by or for a corporation, partnership, trust, or estate shall be considered as owned directly both by itself and proportionately by its shareholders, partners, or beneficiaries, as the case may be.''. (2) Section 56(g)(4)(F) of such Code is amended to read as follows: ``(F) Depletion.--The allowance for depletion with respect to any property placed in service in a taxable year beginning after December 31, 1989, shall be cost depletion determined under section 611.''. (3) Section 57(a)(1) of such Code is amended by striking the last sentence. (4) Section 291(b)(4) of such Code is amended by adding at the end the following: ``Any reference in the preceding sentence to section 613A shall be treated as a reference to such section as in effect prior to the date of the enactment of the End Oil and Gas Tax Subsidies Act of 2015.''. (5) Section 613(d) of such Code is amended by striking ``Except as provided in section 613A, in the case of'' and inserting ``In the case of''. (6) Section 613(e) of such Code is amended-- (A) by striking ``or section 613A'' in paragraph (2), and (B) by striking ``any amount described in section 613A(d)(5)'' in paragraph (3) and inserting ``any lease bonus, advance royalty, or other amount payable without regard to production from property''. (7) Section 705(a) of such Code is amended-- (A) by inserting ``and'' at the end of paragraph (1)(C), (B) by striking ``; and'' at the end of paragraph (2)(B) and inserting a period, and (C) by striking paragraph (3). (8) Section 776 of such Code is amended by striking subsection (a) and by redesignating subsection (b) as subsection (a). (9) Section 954(g)(2)(D) of such Code is amended by inserting ``(as in effect before the date of the enactment of the End Oil and Gas Tax Subsidies Act of 2015)'' after ``section 613A''. (10) Section 993(c)(2)(C) of such Code is amended by striking ``section 613 or 613A'' and inserting ``section 613 (determined without regard to subsection (d) thereof)''. (11) Section 1202(e)(3)(D) of such Code is amended by striking ``section 613 or 613A'' and inserting ``section 613 (determined without regard to subsection (d) thereof)''. (12) Section 1367(a)(2) of such Code is amended by inserting ``and'' at the end of subparagraph (C), by striking ``, and'' at the end of subparagraph (D) and inserting a period, and by striking subparagraph (E). (13) Section 1446(c) of such Code is amended by striking paragraph (2) and by redesignating paragraph (3) as paragraph (2). (c) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2015. SEC. 7. REPEAL OF DEDUCTION FOR TERTIARY INJECTANTS. (a) In General.--Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by striking section 193 (and the table of sections of such subpart is amended by striking the item relating to such section). (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2015. SEC. 8. REPEAL OF EXCEPTION TO PASSIVE LOSS LIMITATIONS FOR WORKING INTERESTS IN OIL AND GAS PROPERTIES. (a) In General.--Section 469(c)(3) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(C) Termination.--Subparagraph (A) shall not apply with respect to any taxable year beginning after the date of the enactment of this Act.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2015. SEC. 9. DEDUCTION FOR INCOME ATTRIBUTABLE TO DOMESTIC PRODUCTION ACTIVITIES NOT ALLOWED WITH RESPECT TO OIL AND GAS ACTIVITIES. (a) In General.--Section 199(c)(4)(B) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting ``, and'', and by inserting after clause (iii) the following new clause: ``(iv) the production, refining, processing, transportation, or distribution of oil, gas, or any primary product thereof.''. (b) Conforming Amendment.--Section 199(d) of such Code is amended by striking paragraph (9) and by redesignating paragraph (10) as paragraph (9). (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2015. SEC. 10. PROHIBITION ON USING LAST-IN, FIRST-OUT ACCOUNTING FOR OIL AND GAS COMPANIES. (a) In General.--Section 472 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(h) Oil and Gas Companies.-- ``(1) In general.--Notwithstanding any other provision of this section, a major integrated oil company may not use the method provided in subsection (b) in inventorying of any goods. ``(2) Major integrated oil company.--For purposes of this subsection, the term `major integrated oil company' means, with respect to any taxable year, a producer of crude oil-- ``(A) which has an average daily worldwide production of crude oil of at least 500,000 barrels for the taxable year, ``(B) which has gross receipts in excess of $1,000,000,000 for the taxable year, and ``(C) the average daily refinery runs of the taxpayer and related persons for the taxable year exceed 75,000 barrels. ``(3) Special rules.-- ``(A) Crude production and gross receipts.--For purposes of subparagraphs (A) and (B) of paragraph (2)-- ``(i) Controlled groups and common control.--All persons treated as a single employer under subsections (a) and (b) of section 52 shall be treated as 1 person. ``(ii) Short taxable years.--In case of a short taxable year, the rule under section 448(c)(3)(B) shall apply. ``(B) Average daily refinery runs.--For purposes of paragraph (2)(C)-- ``(i) In general.--The average daily refinery runs for any taxable year shall be determined by dividing the aggregate refinery runs for the taxable year by the number of days in the taxable year. ``(ii) Related persons.--A person is a related person with respect to the taxpayer if a significant ownership interest in either the taxpayer or such person is held by the other, or if a third person has a significant ownership interest in both the taxpayer and such person. ``(iii) Significant ownership interest.-- For purposes of clause (ii), the term `significant ownership interest' means-- ``(I) with respect to any corporation, 15 percent or more in value of the outstanding stock of such corporation, ``(II) with respect to a partnership, 15 percent or more interest in the profits or capital of such partnership, and ``(III) with respect to an estate or trust, 15 percent or more of the beneficial interests in such estate or trust. For purposes of determining a significant ownership interest, an interest owned by or for a corporation, partnership, trust, or estate shall be considered as owned directly both by itself and proportionately by its shareholders, partners, or beneficiaries, as the case may be.''. (b) Effective Date and Special Rule.-- (1) In general.--The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 2015. (2) Change in method of accounting.--In the case of any taxpayer required by the amendment made by this section to change its method of accounting for its first taxable year beginning after the date of the enactment of this Act-- (A) such change shall be treated as initiated by the taxpayer, (B) such change shall be treated as made with the consent of the Secretary of the Treasury, and (C) the net amount of the adjustments required to be taken into account by the taxpayer under section 481 of the Internal Revenue Code of 1986 shall be taken into account ratably over a period (not greater than 8 taxable years) beginning with such first taxable year. SEC. 11. MODIFICATIONS OF FOREIGN TAX CREDIT RULES APPLICABLE TO DUAL CAPACITY TAXPAYERS. (a) In General.--Section 901 of the Internal Revenue Code of 1986 is amended by redesignating subsection (n) as subsection (o) and by inserting after subsection (m) the following new subsection: ``(n) Special Rules Relating to Dual Capacity Taxpayers.-- ``(1) General rule.--Notwithstanding any other provision of this chapter, any amount paid or accrued by a dual capacity taxpayer to a foreign country or possession of the United States for any period with respect to combined foreign oil and gas income (as defined in section 907(b)(1)) shall not be considered a tax to the extent such amount exceeds the amount (determined in accordance with regulations) which would have been required to be paid if the taxpayer were not a dual capacity taxpayer. ``(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.''. (b) Effective Date.-- (1) In general.--The amendments made by this section shall apply to taxes paid or accrued in taxable years beginning after December 31, 2015. (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.

End Oil and Gas Tax Subsidies Act of 2015 This bill amends the Internal Revenue Code to: increase to seven years the amortization period for geological and geophysical expenditures; repeal the tax credits for producing oil and gas from marginal wells and for enhanced oil recovery; repeal the tax deduction for the intangible drilling and development costs of oil and gas wells; repeal percentage depletion for oil and gas wells; repeal the tax deduction for tertiary injectant expenses; repeal the passive loss exception for working interests in oil and gas property; deny the tax deduction for income attributable to domestic production activities for oil and gas activities; prohibit the use of the last-in, first-out (LIFO) accounting method by major integrated oil companies; and limit the foreign tax credit for dual capacity taxpayers (i.e., taxpayers who are subject to a levy of a foreign country or U.S. possession and receive specific economic benefits from such country or possession).

End Oil and Gas Tax Subsidies Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security COLA Protection Act of 2004''. SEC. 2. PROTECTION OF SOCIAL SECURITY COLA INCREASES AGAINST EXCESSIVE MEDICARE PREMIUM INCREASES. (a) Application to Part B Premiums.--Section 1839(f) of the Social Security Act (42 U.S.C. 1395r(f)) is amended-- (1) by striking ``(f) For any calendar year after 1988'' and inserting ``(f)(1) For any calendar year after 1988 and before 2005''; and (2) by adding at the end the following new paragraph: ``(2) For any calendar year (beginning with 2005), if an individual is entitled to monthly benefits under section 202 or 223 or to a monthly annuity under section 3(a), 4(a), or 4(f) of the Railroad Retirement Act of 1974 for November and December of the preceding year, if the monthly premium of the individual under this section for December of the preceding year and for January of the year involved is deducted from those benefits under section 1840(a)(1) or section 1840(b)(1), and if the amount of the individual's premium is not adjusted for January of the year involved under subsection (i), the monthly premium otherwise determined under this section for the individual for that year shall not be increased pursuant to subsection (a)(3) to an amount that exceeds 25 percent of the amount of the increase in such monthly benefits for that individual attributable to section 215(i).''. (b) Application to Part D Premiums.-- (1) In general.--Section 1860D-13(a)(1) of such Act (42 U.S.C. 1395ww-113(a)(1)) is amended-- (A) in subparagraph (F), by striking ``(D) and (E),'' and inserting ``(D), (E), and (F),''; (B) by redesignating subparagraph (F) as subparagraph (G); and (C) by inserting after subparagraph (E) the following new subparagraph: ``(F) Protection of social security cola increase.--For any calendar year, if an individual is entitled to monthly benefits under section 202 or 223 or to a monthly annuity under section 3(a), 4(a), or 4(f) of the Railroad Retirement Act of 1974 for November and December of the preceding year and was enrolled under a PDP plan or MA-PD plan for such months, the base beneficiary premium otherwise applied under this paragraph for the individual for months in that year shall be decreased by the amount (if any) by which the sum of the amounts described in the following clauses (i) and (ii) exceeds 25 percent of the amount of the increase in such monthly benefits for that individual attributable to section 215(i): ``(i) Part d premium increase factor.-- ``(I) In general.--Except as provided in this clause, the amount of the increase (if any) in the adjusted national average monthly bid amount (as determined under subparagraph (B)(iii)) for a month in the year over such amount for a month in the preceding year. ``(II) No application to full premium subsidy individuals.--In the case of an individual enrolled for a premium subsidy under section 1860D- 14(a)(1), zero. ``(III) Special rule for partial premium subsidy individuals.--In the case of an individual enrolled for a premium subsidy under section 1860D- 14(a)(2), a percent of the increase described in subclause (I) equal to 100 percent minus the percent applied based on the linear scale under such section. ``(ii) Part b premium increase factor.--If the individual is enrolled for such months under part B-- ``(I) In general.--Except as provided in subclause (II), the amount of the annual increase in premium effective for such year resulting from the application of section 1839(a)(3), as reduced (if any) under section 1839(f)(2). ``(II) No application to individuals participating in medicare savings program.--In the case of an individual who is enrolled for medical assistance under title XIX for medicare cost-sharing described in section 1905(p)(3)(A)(ii), zero.''. (2) Application under medicare advantage program.--Section 1854(b)(2)(B) of such Act (42 U.S.C. 1395w-24(b)(2)(B)), as in effect as of January 1, 2006, relating to MA monthly prescription drug beneficiary premium, is amended by inserting after ``as adjusted under section 1860D-13(a)(1)(B)'' the following: ``and section 1860D-13(a)(1)(F)''. (3) Payment from medicare prescription drug account.-- Section 1860D-16(b) of such Act (42 U.S.C. 1395w-116(b)) is amended-- (A) in paragraph (1)-- (i) by striking ``and'' at the end of subparagraph (C); (ii) by striking the period at the end of subparagraph (D) and inserting ``; and''; and (iii) by adding at the end the following new subparagraph: ``(E) payment under paragraph (5) of premium reductions effected under section 1860D-13(a)(1)(F).''; and (B) by adding at the end the following new paragraph: ``(5) Payment for cola protection premium reductions.-- ``(A) In general.--In addition to payments provided under section 1860D-15 to a PDP sponsor or an MA organization, in the case of each part D eligible individual who is enrolled in a prescription drug plan offered by such sponsor or an MA-PD plan offered by such organization and who has a premium reduced under section 1860D-13(a)(1)(F), the Secretary shall provide for payment to such sponsor or organization of an amount equivalent to the amount of such premium reduction. ``(B) Application of provisions.--The provisions of subsections (d) and (f) of section 1860D-15 (relating to payment methods and disclosure of information) shall apply to payment under subparagraph (A) in the same manner as they apply to payments under such section.''. (c) Disregard of Premium Reductions in Determining Dedicated Revenues Under MMA Cost Containment.--Section 801(c)(3)(D) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173) is amended by adding at the end the following: ``Such premiums shall also be determined without regard to any reductions effected under section 1839(f)(2) or 1860D-13(a)(1)(F) of such title.''. (d) Effective Dates.-- (1) Part b premium.--The amendments made by subsection (a) apply to premiums for months beginning with January 2005. (2) Part d premium.--The amendments made by subsection (b) apply to premiums for months beginning with January 2007. (3) MMA provision.--The amendment made by subsection (c) shall take effect on the date of the enactment of this Act.

Social Security COLA Protection Act of 2004 - Amends title XVIII (Medicare) of the Social Security Act to limit increases in the monthly Medicare premium, including the Medicare Advantage prescription drug program premium, to 25 percent of any Social Security cost of living increase.

A bill to amend the Social Security Act to protect social security cost-of-living adjustments (COLA).

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ban it All, Ban it Now Act''. SEC. 2. EXPANSION OF CURRENT BAN ON USE OF SOFT MONEY BY POLITICAL PARTIES AND CANDIDATES. (a) In General.--Section 323 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441i) is amended to read as follows: ``SEC. 323. SOFT MONEY OF POLITICAL PARTIES. ``(a) National Committees.-- ``(1) In general.--A national committee of a political party (including a national congressional or Senatorial campaign committee of a political party) may not solicit, receive, or direct to another person a contribution, donation, or transfer of funds or any other thing of value, or spend any funds, that are not subject to the limitations, prohibitions, and reporting requirements of this Act. ``(2) Applicability.--The prohibition established by paragraph (1) applies-- ``(A) to any such national committee, any officer or agent acting on behalf of such a national committee, and any entity that is directly or indirectly established, financed, maintained, or controlled by such a national committee; and ``(B) to all activities of such committee and the persons described in subparagraph (A), including the construction or purchase of an office building or facility, the influencing of the reapportionment decisions of a State, and the financing of litigation relating to the reapportionment decisions of a State. ``(b) State, District, and Local Committees.--Any amount that is expended or disbursed for Federal election activity by a State, district, or local committee of a political party (including an entity that is directly or indirectly established, financed, maintained, or controlled by a State, district, or local committee of a political party and an officer or agent acting on behalf of such committee or entity), or by an association or similar group of candidates for State or local office or individuals holding State or local office, shall be made from funds subject to the limitations, prohibitions, and reporting requirements of this Act. ``(c) Fundraising Costs.--An amount spent by a person described in subsection (a) or (b) to raise funds that are used, in whole or in part, for expenditures and disbursements for a Federal election activity shall be made from funds subject to the limitations, prohibitions, and reporting requirements of this Act. ``(d) Tax-Exempt Organizations.--A national, State, district, or local committee of a political party (including a national congressional or Senatorial campaign committee of a political party), an entity that is directly or indirectly established, financed, maintained, or controlled by any such national, State, district, or local committee or its agent, and an officer or agent acting on behalf of any such party committee or entity, shall not solicit any funds for, or make or direct any donations to-- ``(1) an organization that is described in section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code (or has submitted an application for determination of tax exempt status under such section) and that makes expenditures or disbursements in connection with an election for Federal office (including expenditures or disbursements for Federal election activity); or ``(2) an organization described in section 527 of such Code (other than a political committee, a State, district, or local committee of a political party, or the authorized campaign committee of a candidate for State or local office). ``(e) Federal Candidates.-- ``(1) In general.--A candidate, individual holding Federal office, agent of a candidate or an individual holding Federal office, or an entity directly or indirectly established, financed, maintained or controlled by or acting on behalf of 1 or more candidates or individuals holding Federal office, shall not-- ``(A) solicit, receive, direct, transfer, or spend funds in connection with an election for Federal office, including funds for any Federal election activity, unless the funds are subject to the limitations, prohibitions, and reporting requirements of this Act; or ``(B) solicit, receive, direct, transfer, or spend funds in connection with any election other than an election for Federal office or disburse funds in connection with such an election unless the funds-- ``(i) are not in excess of the amounts permitted with respect to contributions to candidates and political committees under paragraphs (1), (2), and (3) of section 315(a); and ``(ii) are not from sources prohibited by this Act from making contributions in connection with an election for Federal office. ``(2) State law.--Paragraph (1) does not apply to the solicitation, receipt, or spending of funds by an individual described in such paragraph who is also a candidate for a State or local office solely in connection with such election for State or local office if the solicitation, receipt, or spending of funds is permitted under State law and refers only to such State or local candidate, or to any other candidate for the State or local office sought by such candidate, or both. ``(3) Fundraising events.--Notwithstanding paragraph (1), a candidate or an individual holding Federal office may attend, speak, or be a featured guest at a fundraising event for a State, district, or local committee of a political party. ``(4) Limitation applicable for purposes of solicitation of donations by individuals to certain organizations.--In the case of the solicitation of funds by any person described in paragraph (1) on behalf of any entity described in subsection (d) which is made specifically for funds to be used for activities described in clauses (i) and (ii) of section 301(20)(A), or made for any such entity which engages primarily in activities described in such clauses, the limitation applicable for purposes of a donation of funds by an individual shall be the limitation set forth in section 315(a)(1)(D). ``(f) State Candidates.-- ``(1) In general.--A candidate for State or local office, individual holding State or local office, or an agent of such a candidate or individual may not spend any funds for a communication described in section 301(20)(A)(iii) unless the funds are subject to the limitations, prohibitions, and reporting requirements of this Act. ``(2) Exception for certain communications.--Paragraph (1) shall not apply to an individual described in such paragraph if the communication involved is in connection with an election for such State or local office and refers only to such individual or to any other candidate for the State or local office held or sought by such individual, or both.''. (b) Conforming Certain Definitions.-- (1) Federal election activity.--Section 301(20) of such Act (2 U.S.C. 431) is amended to read as follows: ``(20) Federal election activity.-- ``(A) In general.--The term `Federal election activity' means-- ``(i) voter registration activity; ``(ii) voter identification, get-out-the- vote activity, or generic campaign activity conducted in connection with an election in which a candidate for Federal office appears on the ballot (regardless of whether a candidate for State or local office also appears on the ballot); or ``(iii) a public communication that refers to a clearly identified candidate for Federal office (regardless of whether a candidate for State or local office is also mentioned or identified) and that promotes or supports a candidate for that office, or attacks or opposes a candidate for that office (regardless of whether the communication expressly advocates a vote for or against a candidate). ``(B) Excluded activity.--The term `Federal election activity' does not include an amount expended or disbursed by a State, district, or local committee of a political party for-- ``(i) a public communication that refers solely to a clearly identified candidate for State or local office, if the communication is not a Federal election activity described in subparagraph (A)(i) or (ii); ``(ii) a contribution to a candidate for State or local office, provided the contribution is not designated or used to pay for a Federal election activity described in subparagraph (A); or ``(iii) the costs of grassroots campaign materials, including buttons, bumper stickers, and yard signs, that name or depict only a candidate for State or local office.''. (2) Mass mailing.--Section 301(23) of such Act (2 U.S.C. 431(23)) is amended by striking ``30-day period'' and inserting ``1-year period''. (3) Telephone bank.--Section 301(24) of such Act (2 U.S.C. 431(24)) is amended by striking ``30-day period'' and inserting ``1-year period''. SEC. 3. BAN ON USE OF SOFT MONEY BY CORPORATIONS AND LABOR ORGANIZATIONS FOR NONPARTISAN VOTER REGISTRATION AND GET- OUT-THE-VOTE ACTIVITIES. Section 316(b)(2) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441b(b)(2)) is amended by striking ``(B) nonpartisan registration and get-out-the-vote campaigns'' and all that follows through ``and (C)'' and inserting ``and (B)''. SEC. 4. BAN ON USE OF SOFT MONEY FOR GET-OUT-THE-VOTE ACTIVITIES BY CERTAIN ORGANIZATIONS. Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended by adding at the end the following new section: ``ban on use of nonfederal funds for get-out-the-vote activities by certain organizations ``Sec. 325. (a) In General.--Any amount expended or disbursed for get-out-the-vote activities by any organization described in subsection (b) shall be made from amounts subject to the limitations, prohibitions, and reporting requirements of this Act. ``(b) Organizations Described.--An organization described in this subsection is-- ``(1) an organization that is described in section 501(c)(3) or 501(c)(4) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code (or has submitted an application for determination of tax exempt status under such section); or ``(2) an organization described in section 527 of such Code (other than a State, district, or local committee of a political party, a candidate for State or local office, or the authorized campaign committee of a candidate for State or local office).''. SEC. 5. BAN ON USE OF SOFT MONEY FOR ANY PARTISAN VOTER REGISTRATION ACTIVITIES. Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.), as amended by section 4, is further amended by adding at the end the following new section: ``ban on use of nonfederal funds for partisan voter registration activities ``Sec. 326. No person may expend or disburse any funds for partisan voter registration activity which are not subject to the limitations, prohibitions, and reporting requirements of this Act.''. SEC. 6. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to elections occurring after December 2006.

Ban it All, Ban it Now Act - Amends the Federal Election Campaign Act of 1971 with respect to the ban on the use of soft money by political parties and candidates. Applies the ban to all activities of a national committee of a political party and its officers and agents, including the construction or purchase of an office building of facility, the influencing of a state's reapportionment decisions, and the financing of litigation relating to such reapportionment decisions. Reduces from $20,000 to $10,000 the maximum amount of donations by an individual to a tax-exempt organization for voter registration and get-out-the-vote activities. Subjects to the limitations, prohibitions, and reporting requirements of such Act the use of soft money: (1) by corporations and labor organizations for nonpartisan voter registration and get-out-the vote activities; (2) by certain tax-exempt or 527 political organizations for get-out-the-vote activities; and (3) for any partisan voter registration activities.

To amend the Federal Election Campaign Act of 1971 to ban soft money, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Identity Theft Enforcement and Restitution Act of 2007''. SEC. 2. CRIMINAL RESTITUTION. Section 3663(b) of title 18, United States Code, is amended-- (1) in paragraph (4), by striking ``; and'' and inserting a semicolon; (2) in paragraph (5), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(6) in the case of an offense under sections 1028(a)(7) or 1028A(a) of this title, pay an amount equal to the value of the time reasonably spent by the victim in an attempt to remediate the intended or actual harm incurred by the victim from the offense.''. SEC. 3. PREDICATE OFFENSES FOR AGGRAVATED IDENTITY THEFT AND MISUSE OF IDENTIFYING INFORMATION OF ORGANIZATIONS. (a) Identity Theft.--Section 1028 of title 18, United States Code, is amended-- (1) in subsection (a)(7), by inserting ``(including an organization as defined in section 18 of this title)'' after ``person''; and (2) in subsection (d)(7), by inserting ``or other person'' after ``specific individual''. (b) Aggravated Identity Theft.--Section 1028A of title 18, United States Code, is amended-- (1) in subsection (a)(1), by inserting ``(including an organization as defined in section 18 of this title)'' after ``person''; and (2) in subsection (c)-- (A) in the matter preceding paragraph (1), by inserting ``, or a conspiracy to commit such a felony violation,'' after ``any offense that is a felony violation''; (B) by redesignating-- (i) paragraph (11) as paragraph (14); (ii) paragraphs (8) through (10) as paragraphs (10) through (12), respectively; and (iii) paragraphs (1) through (7) as paragraphs (2) through (8), respectively; (C) by inserting prior to paragraph (2), as so redesignated, the following: ``(1) section 513 (relating to making, uttering, or possessing counterfeited securities);''; (D) by inserting after paragraph (8), as so redesignated, the following: ``(9) section 1708 (relating to mail theft);''; (E) in paragraph (12), as so redesignated, by striking ``; or'' and inserting a semicolon; and (F) by inserting after paragraph (12), as so redesignated, the following: ``(13) section 7201, 7206, or 7207 of title 26 (relating to tax fraud); or''. SEC. 4. ENSURING JURISDICTION OVER THE THEFT OF SENSITIVE IDENTITY INFORMATION. Section 1030(a)(2)(C) of title 18, United States Code, is amended by striking ``if the conduct involved an interstate or foreign communication''. SEC. 5. MALICIOUS SPYWARE, HACKING AND KEYLOGGERS. (a) In General.--Section 1030 of title 18, United States Code, is amended-- (1) in subsection (a)(5)-- (A) by striking subparagraph (B); and (B) in subparagraph (A)-- (i) by striking ``(A)(i) knowingly'' and inserting ``(A) knowingly''; (ii) by redesignating clauses (ii) and (iii) as subparagraphs (B) and (C), respectively; and (iii) in subparagraph (C), as so redesignated-- (I) by inserting ``and loss'' after ``damage''; and (II) by striking ``; and'' and inserting a period; (2) in subsection (c)-- (A) in paragraph (2)(A), by striking ``(a)(5)(A)(iii),''; (B) in paragraph (3)(B), by striking ``(a)(5)(A)(iii),''; (C) by amending paragraph (4) to read as follows: ``(4)(A) except as provided in subparagraphs (E) and (F), a fine under this title, imprisonment for not more than 5 years, or both, in the case of-- ``(i) an offense under subsection (a)(5)(B), which does not occur after a conviction for another offense under this section, if the offense caused (or, in the case of an attempted offense, would, if completed, have caused)-- ``(I) loss to 1 or more persons during any 1-year period (and, for purposes of an investigation, prosecution, or other proceeding brought by the United States only, loss resulting from a related course of conduct affecting 1 or more other protected computers) aggregating at least $5,000 in value; ``(II) the modification or impairment, or potential modification or impairment, of the medical examination, diagnosis, treatment, or care of 1 or more individuals; ``(III) physical injury to any person; ``(IV) a threat to public health or safety; ``(V) damage affecting a computer used by or for an entity of the United States Government in furtherance of the administration of justice, national defense, or national security; or ``(VI) damage affecting 10 or more protected computers during any 1-year period; or ``(ii) an attempt to commit an offense punishable under this subparagraph; ``(B) except as provided in subparagraphs (E) and (F), a fine under this title, imprisonment for not more than 10 years, or both, in the case of-- ``(i) an offense under subsection (a)(5)(A), which does not occur after a conviction for another offense under this section, if the offense caused (or, in the case of an attempted offense, would, if completed, have caused) a harm provided in subclauses (I) through (VI) of subparagraph (A)(i); or ``(ii) an attempt to commit an offense punishable under this subparagraph; ``(C) except as provided in subparagraphs (E) and (F), a fine under this title, imprisonment for not more than 20 years, or both, in the case of-- ``(i) an offense or an attempt to commit an offense under subparagraphs (A) or (B) of subsection (a)(5) that occurs after a conviction for another offense under this section; or ``(ii) an attempt to commit an offense punishable under this subparagraph; ``(D) a fine under this title, imprisonment for not more than 10 years, or both, in the case of-- ``(i) an offense or an attempt to commit an offense under subsection (a)(5)(C) that occurs after a conviction for another offense under this section; or ``(ii) an attempt to commit an offense punishable under this subparagraph; ``(E) if the offender attempts to cause or knowingly or recklessly causes serious bodily injury from conduct in violation of subsection (a)(5)(A), a fine under this title, imprisonment for not more than 20 years, or both; ``(F) if the offender attempts to cause or knowingly or recklessly causes death from conduct in violation of subsection (a)(5)(A), a fine under this title, imprisonment for any term of years or for life, or both; or ``(G) a fine under this title, imprisonment for not more than 1 year, or both, for-- ``(i) any other offense under subsection (a)(5); or ``(ii) an attempt to commit an offense punishable under this subparagraph.''; and (D) by striking paragraph (5); and (3) in subsection (g)-- (A) in the second sentence, by striking ``in clauses (i), (ii), (iii), (iv), or (v) of subsection (a)(5)(B)'' and inserting ``in subclauses (I), (II), (III), (IV), or (V) of subsection (c)(4)(A)(i)''; and (B) in the third sentence, by striking ``subsection (a)(5)(B)(i)'' and inserting ``subsection (c)(4)(A)(i)(I)''. (b) Conforming Changes.--Section 2332b(g)(5)(B)(i) of title 18, United States Code, is amended by striking ``1030(a)(5)(A)(i) resulting in damage as defined in 1030(a)(5)(B)(ii) through (v)'' and inserting ``1030(a)(5)(A) resulting in damage as defined in 1030(c)(4)(A)(i)(II) through (VI)''. SEC. 6. CYBER-EXTORTION. Section 1030(a)(7) of title 18, United States Code, is amended to read as follows: ``(7) with intent to extort from any person any money or other thing of value, transmits in interstate or foreign commerce any communication containing any-- ``(A) threat to cause damage to a protected computer; ``(B) threat to obtain information from a protected computer without authorization or in excess of authorization or to impair the confidentiality of information obtained from a protected computer without authorization or by exceeding authorized access; or ``(C) demand or request for money or other thing of value in relation to damage to a protected computer, where such damage was caused to facilitate the extortion;''. SEC. 7. CONSPIRACY TO COMMIT CYBER-CRIMES. Section 1030(b) of title 18, United States Code, is amended by inserting ``conspires to commit or'' after ``Whoever''. SEC. 8. USE OF FULL INTERSTATE AND FOREIGN COMMERCE POWER FOR CRIMINAL PENALTIES. Section 1030(e)(2)(B) of title 18, United States Code, is amended by inserting ``or affecting'' after ``which is used in''. SEC. 9. FORFEITURE FOR SECTION 1030 VIOLATIONS. Section 1030 of title 18, United States Code, is amended by adding at the end the following: ``(i)(1) The court, in imposing sentence on any person convicted of a violation of this section, or convicted of conspiracy to violate this section, shall order, in addition to any other sentence imposed and irrespective of any provision of State law, that such person forfeit to the United States-- ``(A) such person's interest in any personal property that was used or intended to be used to commit or to facilitate the commission of such violation; and ``(B) any property, real or personal, constituting or derived from, any proceeds that such person obtained, directly or indirectly, as a result of such violation. ``(2) The criminal forfeiture of property under this subsection, any seizure and disposition thereof, and any judicial proceeding in relation thereto, shall be governed by the provisions of section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853), except subsection (d) of that section. ``(j) For purposes of subsection (i), the following shall be subject to forfeiture to the United States and no property right shall exist in them: ``(1) Any personal property used or intended to be used to commit or to facilitate the commission of any violation of this section, or a conspiracy to violate this section. ``(2) Any property, real or personal, which constitutes or is derived from proceeds traceable to any violation of this section, or a conspiracy to violate this section''. SEC. 10. DIRECTIVE TO UNITED STATES SENTENCING COMMISSION. (a) Directive.--Pursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review its guidelines and policy statements applicable to persons convicted of offenses under sections 1028, 1028A, 1030, 2511, and 2701 of title 18, United States Code, and any other relevant provisions of law, in order to reflect the intent of Congress that such penalties be increased in comparison to those currently provided by such guidelines and policy statements. (b) Requirements.--In determining its guidelines and policy statements on the appropriate sentence for the crimes enumerated in subsection (a), the United States Sentencing Commission shall consider the extent to which the guidelines and policy statements may or may not account for the following factors in order to create an effective deterrent to computer crime and the theft or misuse of personally identifiable data: (1) The level of sophistication and planning involved in such offense. (2) Whether such offense was committed for purpose of commercial advantage or private financial benefit. (3) The potential and actual loss resulting from the offense including-- (A) the value of information obtained from a protected computer, regardless of whether the owner was deprived of use of the information; and (B) where the information obtained constitutes a trade secret or other proprietary information, the cost the victim incurred developing or compiling the information. (4) Whether the defendant acted with intent to cause either physical or property harm in committing the offense. (5) The extent to which the offense violated the privacy rights of individuals. (6) The effect of the offense upon the operations of an agency of the United States Government, or of a State or local government. (7) Whether the offense involved a computer used by the United States Government, a State, or a local government in furtherance of national defense, national security, or the administration of justice. (8) Whether the offense was intended to, or had the effect of, significantly interfering with or disrupting a critical infrastructure. (9) Whether the offense was intended to, or had the effect of, creating a threat to public health or safety, causing injury to any person, or causing death. (10) Whether the defendant purposefully involved a juvenile in the commission of the offense. (11) Whether the defendant's intent to cause damage or intent to obtain personal information should be disaggregated and considered separately from the other factors set forth in USSG 2B1.1(b)(14). (12) Whether the term ``victim'' as used in USSG 2B1.1, should include individuals whose privacy was violated as a result of the offense in addition to individuals who suffered monetary harm as a result of the offense. (13) Whether the defendant disclosed personal information obtained during the commission of the offense. (c) Additional Requirements.--In carrying out this section, the United States Sentencing Commission shall-- (1) assure reasonable consistency with other relevant directives and with other sentencing guidelines; (2) account for any additional aggravating or mitigating circumstances that might justify exceptions to the generally applicable sentencing ranges; (3) make any conforming changes to the sentencing guidelines; and (4) assure that the guidelines adequately meet the purposes of sentencing as set forth in section 3553(a)(2) of title 18, United States Code. Passed the Senate November 15, 2007. Attest: NANCY ERICKSON, Secretary.

Identity Theft Enforcement and Restitution Act of 2007 - Amends the federal criminal code to: (1) authorize criminal restitution orders in identity theft cases to compensate victims for the time spent to remediate the intended or actual harm incurred; (2) expand identity theft and aggravated identity theft crimes to include offenses against organizations (currently, only natural persons are protected); (3) include conspiracy to commit a felony within the definition of "felony violation" for purposes of aggravated identity theft crimes; (4) include making, uttering, or possessing counterfeited securities, mail theft, and tax fraud as predicate offenses for aggravated identity theft; (5) enable prosecution of computer fraud offenses for conduct not involving an interstate or foreign communication; (6) eliminate the requirement that damage to a victim's computer aggregate at least $5,000 before a prosecution can be brought for unauthorized access to a computer; (7) make it a felony, during any one-year period, to damage 10 or more protected computers used by or for the federal government or a financial institution; (8) expand the definition of "cyber-extortion" to include a demand for money in relation to damage to a protected computer, where such damage was caused to facilitate the extortion; (9) prohibit conspiracies to commit computer fraud; (10) expand interstate and foreign jurisdiction for prosecution of computer fraud offenses; and (11) impose criminal and civil forfeitures of property used to commit computer fraud offenses. Directs the U.S. Sentencing Commission to review its guidelines and policy statements for the sentencing of persons convicted of identity theft, computer fraud, illegal wiretapping, and unlawful access to stored information to reflect increased penalties for such offenses. Sets forth criteria for updating such guidelines and policy statements.

A bill to amend title 18, United States Code, to enable increased federal prosecution of identity theft crimes and to allow for restitution to victims of identity theft.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hydrogen Tax Incentives Act of 2008''. SEC. 2. HYDROGEN INFRASTRUCTURE AND FUEL COSTS. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to foreign tax credit, etc.) is amended by adding at the end the following new section: ``SEC. 30D. HYDROGEN INFRASTRUCTURE AND FUEL COSTS. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of-- ``(1) the hydrogen infrastructure costs credit determined under subsection (b), and ``(2) the hydrogen fuel costs credit determined under subsection (c). ``(b) Hydrogen Infrastructure Costs Credit.-- ``(1) In general.--For purposes of subsection (a), the hydrogen infrastructure costs credit determined under this subsection with respect to each eligible hydrogen production and distribution facility of the taxpayer is an amount equal to 30 percent of so much of the infrastructure costs for the taxable year as does not exceed $200,000 with respect to such facility. ``(2) Eligible hydrogen production and distribution facility.--For purposes of this subsection, the term `eligible hydrogen production and distribution facility' means a hydrogen production and distribution facility which is placed in service after December 31, 2007. ``(c) Hydrogen Fuel Costs Credit.-- ``(1) In general.--For purposes of subsection (a), the hydrogen fuel costs credit determined under this subsection with respect to each eligible hydrogen device of the taxpayer is an amount equal to the qualified hydrogen expenditure amounts with respect to such device. ``(2) Qualified hydrogen expenditure amount.--For purposes of this subsection-- ``(A) In general.--The term `qualified hydrogen expenditure amount' means, with respect to each eligible hydrogen energy conversion device of the taxpayer with a production capacity of not more than 25 kilowatts of electricity, the lesser of-- ``(i) 30 percent of the amount paid or incurred by the taxpayer during the taxable year for hydrogen which is consumed by such device, and ``(ii) $2,000. In the case of any device which is not owned by the taxpayer at all times during the taxable year, the $2,000 amount in clause (ii) shall be reduced by an amount which bears the same ratio to $2,000 as the portion of the year which such device is not owned by the taxpayer bears to the entire year. ``(B) Higher limitation for devices with more production capacity.--In the case of any eligible hydrogen energy conversion device with a production capacity of-- ``(i) more than 25 but less than 100 kilowatts of electricity, subparagraph (A) shall be applied by substituting `$4,000' for `$2,000' each place it appears, and ``(ii) not less than 100 kilowatts of electricity, subparagraph (A) shall be applied by substituting `$6,000' for `$2,000' each place it appears. ``(3) Eligible hydrogen energy conversion devices.--For purposes of this subsection-- ``(A) In general.--The term `eligible hydrogen energy conversion device' means, with respect to any taxpayer, any hydrogen energy conversion device which-- ``(i) is placed in service after December 31, 2004, and ``(ii) is wholly owned by the taxpayer during the taxable year. If an owner of a device (determined without regard to this subparagraph) provides to the primary user of such device a written statement that such user shall be treated as the owner of such device for purposes of this section, then such user (and not such owner) shall be so treated. ``(B) Hydrogen energy conversion device.--The term `hydrogen energy conversion device' means-- ``(i) any electrochemical device which converts hydrogen into electricity, and ``(ii) any combustion engine which burns hydrogen as a fuel. ``(d) Reduction in Basis.--For purposes of this subtitle, if a credit is allowed under this section for any expenditure with respect to any property, the increase in the basis of such property which would (but for this paragraph) result from such expenditure shall be reduced by the amount of the credit so allowed. ``(e) Application With Other Credits.-- ``(1) Business credit treated as part of general business credit.--So much of the credit which would be allowed under subsection (a) for any taxable year (determined without regard to this subsection) that is attributable to amounts which (but for subsection (g) would be allowed as a deduction under section 162 shall be treated as a credit listed in section 38(b) for such taxable year (and not allowed under subsection (a)). ``(2) Personal credit.--The credit allowed under subsection (a) (after the application of paragraph (1)) for any taxable year shall not exceed the excess (if any) of-- ``(A) the regular tax liability (as defined in section 26(b)) reduced by the sum of the credits allowable under subpart A and sections 27, 30, 30B, and 30C, over ``(B) the tentative minimum tax for the taxable year. ``(f) Denial of Double Benefit.--The amount of any deduction or other credit allowable under this chapter for any cost taken into account in determining the amount of the credit under subsection (a) shall be reduced by the amount of such credit attributable to such cost. ``(g) Recapture.--The Secretary shall, by regulations, provided for recapturing the benefit of any credit allowable under subsection (a) with respect to any property which ceases to be property eligible for such credit. ``(h) Election Not To Take Credit.--No credit shall be allowed under subsection (a) for any property if the taxpayer elects not to have this section apply to such property. ``(i) Regulations.--The Secretary shall prescribe such regulations as necessary to carry out the provisions of this section. ``(j) Termination.--This section shall not apply to any costs paid or incurred after the end of the 3-year period beginning on the date of the enactment of this section.''. (b) Conforming Amendments.-- (1) Section 38(b) of the Internal Revenue Code of 1986 is amended by striking ``plus'' at the end of paragraph (30), by striking the period at the end of paragraph (31) and inserting ``plus'', and by adding at the end the following new paragraph: ``(32) the portion of the hydrogen infrastructure and fuel credit to which section 30D(e)(1) applies.''. (2) Section 55(c)(3) of such Code is amended by inserting ``30D(e)(2),'' after ``30C(d)(2),''. (3) Section 1016(a) of such Code is amended by striking ``and'' at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting ``, and'', and by adding at the end the following new paragraph: ``(38) to the extent provided in section 30D(d).''. (4) Section 6501(m) of such Code is amended by inserting ``30D(h),'' after ``30C(e)(5),''. (5) The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 30C the following new item: ``Sec. 30D. Hydrogen infrastructure and fuel costs.''. (c) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after December 31, 2007, in taxable years ending after such date.

Hydrogen Tax Incentives Act of 2008 - Amends the Internal Revenue Code to allow a tax credit for hydrogen infrastructure and fuel costs. Terminates such credit after three years.

To amend the Internal Revenue Code of 1986 to establish the infrastructure foundation for the hydrogen economy, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Language Education for Success Act of 2007''. SEC. 2. FINDINGS. The Congress finds the following: (1) Between January 2000 and March 2005, an estimated 7,900,000 new immigrants (documented and undocumented) relocated to the United States, constituting the biggest wave of immigrants in American history. (2) English language learners account for 10.3 percent of public school enrollment and are concentrated in large and urban school districts. (3) Hispanic students from age 16 through age 19 who have non-proficient English language skills have a dropout rate of 59 percent. (4) The poverty rate for immigrants and their United States-born children under age 18 is 57 percent higher than the percentage for natives and their children. (5) High poverty school districts, both urban and rural, are particularly affected by teacher shortages. (6) The National Center for Education Statistics predicts that over 2,000,000 new teachers will be needed across the Nation over the next decade. SEC. 3. ADDITIONAL LOAN FORGIVENESS FOR TEACHERS OF STUDENTS OF LIMITED ENGLISH PROFICIENCY. (a) FFEL Loans.--Section 428J(c)(3) of the Higher Education Act of 1965 (20 U.S.C. 1078-10(c)(3)) is amended-- (1) in the paragraph heading, by inserting ``, and teachers of students of limited english proficiency'' before the period; and (2) in subparagraph (A)(ii), by striking ``mathematics or science'' and inserting ``mathematics, science, or students of limited English proficiency''. (b) Direct Loans.--Section 460(c)(3) of such Act (20 U.S.C. 1087j(c)(3)) is amended-- (1) in the paragraph heading, by inserting ``, and teachers of students of limited english proficiency'' before the period; and (2) in subparagraph (A)(ii), by striking ``mathematics or science'' and inserting ``mathematics, science, or students of limited English proficiency''. (c) New Borrower Eligibility.--The amendments made by this section shall apply only with respect to teachers of students of limited English proficiency who are new borrowers (as such term is defined in 103 of the Higher Education Act of 1965 (20 U.S.C. 1003)) on or after October 1, 1998. SEC. 4. STUDY AND REPORT ON EDUCATIONAL ACHIEVEMENT PERFORMANCE MEASURES OF LIMITED ENGLISH PROFICIENCY CHILDREN. (a) Study.-- (1) In general.--The Commissioner of the National Center for Educational Statistics (in this Act referred to as the ``Commissioner'') shall conduct a study to obtain detailed information about the performance of recipients of funding under title III of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6801 et seq.) to measure academic progress of limited English proficiency children and immigrant children and youth. (2) Specific topics.--In conducting the study required under paragraph (1), the Commissioner shall specifically examine the following questions: (A) What are the dropout rates of limited English proficiency children across the Nation, and why do these children drop? (B) What are the graduation completion and dropout rates of all students covered by title III of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6801 et seq.)? (C) What is the academic achievement gap between Hispanic and non-Hispanic limited English proficiency children? (D) Is there a correlation between English proficiency and graduation rates for limited English proficiency children? (E) How does socioeconomic status affect dropout rates of the limited English proficiency children? (F) What percentage of limited English proficiency children attend adult education programs (including English as a Second Language and General Educational Development course work) after they drop out? What percentage of students would attend those programs if they were universally available? (3) Deadline.--The Commissioner shall complete the study required by this subsection not later than 2 years after the date of enactment of this Act. (b) Report.--Not later than 60 days after completion of the study required by subsection (a), the Commissioner shall submit to Congress a report containing a detailed statement of the findings and conclusions based upon such study. SEC. 5. BEST PRACTICES OF STATES IMPLEMENTING PROGRAMS FOR LIMITED ENGLISH PROFICIENCY STUDENTS. The Secretary of Education shall compile and make public a list with descriptions of the instructional programs used in each State for achieving academic success of limited English proficiency children and immigrant students. For such list, the Secretary shall assess the cost, advantages, and risks of the various programs. SEC. 6. SPRINGBOARD CREDITS. Subpart 1 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) is amended by adding at the end the following new chapter: ``CHAPTER 4--SPRINGBOARD CREDITS ``SEC. 408A. PROGRAM AUTHORITY. ``(a) Grants Authorized.--From the amounts appropriated under subsection (e), the Secretary is authorized to provide grants to institutions of higher education to provide foreign language and teacher preparation instruction to incoming first-year undergraduates in accordance with the requirements of this section. ``(b) Applications.--Any institution of higher education that seeks to obtain a grant under this chapter shall submit an application to the Secretary at such time, in such manner, and containing or accompanied by such information and assurances as the Secretary may require. ``(c) Eligible Program.--To be eligible to receive a grant under this chapter, a program of an institution of higher education shall-- ``(1) provide, during the months preceding the enrollment of an incoming first-year student, a program of instruction, on the campus of that or another institution of higher education, consisting of both-- ``(A) a course in foreign language instruction of 3 credit hours, or an equivalent as determined by the institution; and ``(B) a course in teacher preparation instruction, in the education department (or comparable unit) of the institution, of 3 credit hours, or an equivalent as determined by the institution; and ``(2) provide, from the amount of the grant received by the institution, a grant to any such student selected for participation in the program of not more than $1,500 to cover the cost of tuition for enrollment in such courses. ``(d) Selection of Grant Recipients.-- ``(1) Approval and selection.--The Secretary shall, by regulation, prescribe procedures for the approval of applications and the selection of institutions of higher education for the award of grants under this chapter. ``(2) Notice of program.--Within 90 days after the date of enactment of this chapter, the Secretary shall-- ``(A) publish a concise summary the program under this chapter on the website of the Department; and ``(B) transmit such summary to each eligible institution of higher education. ``(e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this chapter $60,000,000 for fiscal year 2008 and such sums as may be necessary for each of the 5 succeeding fiscal years. ``(f) Definition.--For purposes of this section, the term `incoming first-year student' means an individual who has been accepted for enrollment by an institution of higher education and who has not successfully completed the first year of a program of undergraduate education at that institution.''.

Language Education for Success Act of 2007 - Amends the Higher Education Act of 1965 to provide student loan forgiveness under the Federal Family Education Loan and Direct loan programs to teachers of students of limited English proficiency who have taught for five consecutive complete school years at elementary or secondary schools that serve a high proportion of disadvantaged children. Directs the Commissioner of the National Center for Educational Statistics to study and report to Congress on the performance of recipients of grants for the language instruction of limited English proficient and immigrant students under the Elementary and Secondary Education Act of 1965 to measure student academic progress. Directs the Secretary of Education to compile and publicize a list of state instructional programs for such students that assesses the costs and benefits of each program. Authorizes the Secretary to provide grants under the Pell Grant program to institutions of higher education to provide: (1) foreign language and teacher preparation instruction to incoming first-year undergraduates during the months preceding their enrollment; and (2) scholarships to such students for the costs of such instruction.

To forgive certain loan repayments of teachers of limited English proficiency students, to direct the Commissioner of the National Center for Educational Statistics to study educational achievement performance measures of limited English proficiency children, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Homes for Heroes Act of 2013''. SEC. 2. SPECIAL ASSISTANT FOR VETERANS AFFAIRS IN THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (a) Transfer of Position to Office of the Secretary.--Section 4 of the Department of Housing and Urban Development Act (42 U.S.C. 3533) is amended by adding at the end the following new subsection: ``(h) Special Assistant for Veterans Affairs.-- ``(1) Position.--There shall be in the Office of the Secretary a Special Assistant for Veterans Affairs, who shall report directly to the Secretary. ``(2) Appointment.--The Special Assistant for Veterans Affairs shall be appointed based solely on merit and shall be covered under the provisions of title 5, United States Code, governing appointments in the competitive service. ``(3) Responsibilities.--The Special Assistant for Veterans Affairs shall be responsible for-- ``(A) ensuring veterans have fair access to housing and homeless assistance under each program of the Department providing either such assistance; ``(B) coordinating all programs and activities of the Department relating to veterans; ``(C) serving as a liaison for the Department with the Department of Veterans Affairs, including establishing and maintaining relationships with the Secretary of Veterans Affairs; ``(D) serving as a liaison for the Department, and establishing and maintaining relationships with the United States Interagency Council on Homelessness and officials of State, local, regional, and nongovernmental organizations concerned with veterans; ``(E) providing information and advice regarding-- ``(i) sponsoring housing projects for veterans assisted under programs administered by the Department; or ``(ii) assisting veterans in obtaining housing or homeless assistance under programs administered by the Department; ``(F) coordinating with the Secretary of Housing and Urban Development and the Secretary of Veterans Affairs in carrying out section 3 of the Homes for Heroes Act of 2013; and ``(G) carrying out such other duties as may be assigned to the Special Assistant by the Secretary or by law.''. (b) Transfer of Position in Office of Deputy Assistant Secretary for Special Needs.--On the date that the initial Special Assistant for Veterans Affairs is appointed pursuant to section 4(h)(2) of the Department of Housing and Urban Development Act, as added by subsection (a) of this section, the position of Special Assistant for Veterans Programs in the Office of the Deputy Assistant Secretary for Special Needs of the Department of Housing and Urban Development shall be terminated. SEC. 3. ANNUAL SUPPLEMENTAL REPORT ON VETERANS HOMELESSNESS. (a) In General.--The Secretary of Housing and Urban Development and the Secretary of Veterans Affairs, in coordination with the United States Interagency Council on Homelessness, shall submit annually to the Committees of the Congress specified in subsection (b), together with the annual reports required by such Secretaries under section 203(c)(1) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11313(c)(1)), a supplemental report that includes the following information with respect to the preceding year: (1) The same information, for such preceding year, that was included with respect to 2010 in the report by the Secretary of Housing and Urban Development and the Secretary of Veterans Affairs entitled ``Veterans Homelessness: A Supplemental Report to the 2010 Annual Homeless Assessment Report to Congress''. (2) Information regarding the activities of the Department of Housing and Urban Development relating to veterans during such preceding year, as follows: (A) The number of veterans provided assistance under the housing choice voucher program for Veterans Affairs supported housing (VASH) under section 8(o)(19) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(19)), the socioeconomic characteristics of such homeless veterans, and the number, types, and locations of entities contracted under such section to administer the vouchers. (B) A summary description of the special considerations made for veterans under public housing agency plans submitted pursuant to section 5A of the United States Housing Act of 1937 (42 U.S.C. 1437c-1) and under comprehensive housing affordability strategies submitted pursuant to section 105 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12705). (C) A description of the activities of the Special Assistant for Veterans Affairs of the Department of Housing and Urban Development. (D) A description of the efforts of the Department of Housing and Urban Development and the other members of the United States Interagency Council on Homelessness to coordinate the delivery of housing and services to veterans. (E) The cost to the Department of Housing and Urban Development of administering the programs and activities relating to veterans. (F) Any other information that the Secretary of Housing and Urban Development and the Secretary of Veterans Affairs consider relevant in assessing the programs and activities of the Department of Housing and Urban Development relating to veterans. (b) Committees.--The Committees of the Congress specified in this subsection are as follows: (1) The Committee on Banking, Housing, and Urban Affairs of the Senate. (2) The Committee on Veterans' Affairs of the Senate. (3) The Committee on Appropriations of the Senate. (4) The Committee on Financial Services of the House of Representatives. (5) The Committee on Veterans' Affairs of the House of Representatives. (6) The Committee on Appropriations of the House of Representatives. Passed the House of Representatives May 15, 2013. Attest: KAREN L. HAAS, Clerk.

Homes for Heroes Act of 2013 - Amends the Department of Housing and Urban Development Act to establish in the Office of the Secretary of the Department of Housing and Urban Development (HUD) a Special Assistant for Veterans Affairs to: (1) ensure veterans fair access to HUD housing and homeless assistance programs, (2) coordinate all HUD programs and activities relating to veterans, and (3) serve as a HUD liaison with the Department of Veterans Affairs (VA). Terminates, at the same time as such establishment, the position of Special Assistant for Veterans Programs in the Office of the Deputy Assistant Secretary for Special Needs. Directs the Secretaries of HUD and VA to report annually to Congress with respect to veterans homelessness and housing assistance.

Homes for Heroes Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protect Student Borrowers Act of 2015''. SEC. 2. PURPOSE. The purpose of this Act is to protect student borrowers by requiring institutions of higher education to assume some of the risk of default for student loans under part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.). SEC. 3. INSTITUTIONAL REBATES TO THE DEPARTMENT OF EDUCATION FOR DEFAULTED LOANS. Section 454 of the Higher Education Act of 1965 (20 U.S.C. 1087d) is amended-- (1) in subsection (a)-- (A) in paragraph (5), by striking ``and'' after the semicolon; (B) in paragraph (6), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(7) provide that the institution accepts the institutional risk-sharing requirements under subsection (d), if applicable.''; and (2) by adding at the end the following: ``(d) Institutional Risk-Sharing for Student Loan Defaults.-- ``(1) In general.--Subject to paragraph (3), each institution of higher education participating in the direct student loan program under this part for a fiscal year that has a rate of participation in such program for all students enrolled at that institution for such fiscal year that is 25 percent or higher shall remit, at such times as the Secretary may specify, a risk-sharing payment based on a percentage of the volume of student loans under this part that are in default, as determined under paragraph (2). ``(2) Determination of risk-sharing payments.--Subject to paragraph (3), with respect to each fiscal year, an institution of higher education described in paragraph (1) that has a cohort default rate (as defined in section 435(m))-- ``(A) that is 30 percent or higher for the most recent fiscal year for which data are available, shall pay to the Secretary for the fiscal year an amount that is equal to 20 percent of the total amount (including interest and collection fees) of loans made under this part to students who are in default for such most recent fiscal year for which data are available; ``(B) that is lower than 30 percent but not lower than 25 percent for the most recent fiscal year for which data are available, shall pay to the Secretary for the fiscal year an amount that is equal to 15 percent of the total amount (including interest and collection fees) of loans made under this part to students who are in default for such most recent fiscal year for which data are available; ``(C) that is lower than 25 percent but not lower than 20 percent for the most recent fiscal year for which data are available, shall pay to the Secretary for the fiscal year an amount that is equal to 10 percent of the total amount (including interest and collection fees) of loans made under this part to students who are in default for such most recent fiscal year for which data are available; and ``(D) that is lower than 20 percent but not lower than 15 percent for the most recent fiscal year for which data are available, shall pay to the Secretary for the fiscal year an amount that is equal to 5 percent of the total amount (including interest and collection fees) of loans made under this part to students who are in default for such most recent fiscal year for which data are available. ``(3) Waiver and reduced risk-sharing payments.-- ``(A) Waiver.--The Secretary shall waive the risk- sharing payments described in paragraph (1) for an institution described in paragraph (2)(D) that meets the requirements of subparagraph (D). ``(B) Reduced risk-sharing payments.--If an institution has in place a student loan management plan described in subparagraph (D) that is approved by the Secretary, the Secretary shall reduce the total annual amount of risk-sharing payments as follows: ``(i) With respect to an institution with a cohort default rate described in paragraph (2)(A), the risk-sharing payment shall be in an amount that is equal to 15 percent of the total amount (including interest and collection fees) of loans made under this part to students who are in default. ``(ii) With respect to an institution with a cohort default rate described in paragraph (2)(B), the risk-sharing payment shall be in an amount that is equal to 10 percent of the total amount (including interest and collection fees) of loans made under this part to students who are in default. ``(iii) With respect to an institution with a cohort default rate described in paragraph (2)(C), the risk-sharing payment shall be in an amount that is equal to 5 percent of the total amount (including interest and collection fees) of loans made under this part to students who are in default. ``(C) Continuation of waiver or reduced payments.-- An institution that receives a waiver under subparagraph (A) or a reduced risk-sharing payment under subparagraph (B) may receive a waiver or reduced payment for a subsequent fiscal year only if the Secretary determines that the institution is making satisfactory progress in carrying out the student loan management plan described in subparagraph (D), including evidence of the effectiveness of the individualized financial aid counseling for students. ``(D) Student loan management plan.--An institution that seeks a waiver or reduction of its risk-sharing payment, shall develop and carry out a student loan management plan that shall include an analysis of the risk factors correlated with higher student loan defaults that are present at the institution and actions that the institution will take to address such factors. Such plan shall include individualized financial aid counseling for students and strategies to minimize student loan default and delinquency. ``(E) Waiver or reduction for certain institutions.--In addition to the other risk-sharing payment waivers and reductions described in this paragraph, the Secretary may waive or reduce risk- sharing payments if-- ``(i) an institution is eligible under-- ``(I) part A or part B of title III; or ``(II) title V; and ``(ii) the Secretary determines that-- ``(I) the institution is making satisfactory progress in carrying out the institution's student loan management plan described under subparagraph (D); and ``(II) granting a waiver or reduction of risk-sharing payments would be in the best interest of students at the institution. ``(4) Prohibition.--An institution of higher education shall not deny admission or financial aid to a student based on a perception that such student may be at risk for defaulting on a loan made under this part. ``(5) Fund for the deposit of risk-sharing payments.-- ``(A) In general.--There is established in the Treasury of the United States a separate account for the deposit of risk-sharing payments collected under this subsection. The Secretary shall deposit any payments collected pursuant to this subsection into such fund. ``(B) Use of funds.--Of the amounts in the fund described in subparagraph (A), for each fiscal year-- ``(i) not more than 50 percent of such amounts shall be made available to the Secretary to enter into contracts or cooperative agreements for delinquency and default prevention or rehabilitation under section 456(c); and ``(ii) the Secretary shall reserve the remainder of such amounts for a Federal Pell Grant fund that shall be used to offset any future shortfalls in funding under the Federal Pell Grant program. ``(6) Applicability.--The Secretary shall carry out this subsection beginning with the cohort default rate for the 2014 cohort. The 2014 cohort shall include current and former students who enter repayment in fiscal year 2014. ``(7) Report to congress.--The Secretary shall report on an annual basis to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives the following information: ``(A) A list of institutions that have been subject to risk-sharing payments in the previous year. ``(B) The required risk-sharing payment from such institutions. ``(C) The amount of risk-sharing payments collected from such institutions. ``(D) A list of the institutions that have received waivers from the risk-sharing payment and the reason for such waiver. ``(E) A list of the institutions that have received reductions in the required risk-sharing payment. ``(F) The use of funds deposited from risk-sharing payments, including a list of any contracts or cooperative agreements for delinquency and default prevention or rehabilitation and the amount reserved for the Federal Pell Grant program.''. SEC. 4. CONTRACTS AND COOPERATIVE AGREEMENTS. Section 456 of the Higher Education Act of 1965 (20 U.S.C. 1087f) is amended by adding at the end the following: ``(c) Contracts and Cooperative Agreements for Delinquency and Default Prevention and for Default Rehabilitation.--The Secretary may enter into contracts or cooperative agreements for-- ``(1) statewide or institutionally based programs for the prevention of Federal student loan delinquency and default at institutions of higher education that-- ``(A) have a high cohort default rate as defined under section 435(m); or ``(B) serve large numbers or percentages of student loan borrowers who have a risk factor associated with higher default rates on Federal student loans under this title, such as coming from a low-income family, being a first generation postsecondary education student, not having a secondary school diploma, or having previously defaulted on, and rehabilitated, a loan made under this title; and ``(2) increasing the number of borrowers who successfully rehabilitate defaulted loans.''. SEC. 5. FINANCIAL RESPONSIBILITY. Section 498(c)(1) of the Higher Education Act of 1965 (20 U.S.C. 1099c(c)(1)) is amended by striking subparagraph (C) and inserting the following: ``(C) to meet all of its financial obligations, including institutional risk-sharing payments, refunds of institutional charges, and repayments to the Secretary for liabilities and debts incurred in programs administered by the Secretary.''.

Protect Student Borrowers Act of 2015 This bill amends title IV (Student Assistance) of the Higher Education Act of 1965 to require institutions of higher education (IHEs) participating in the William D. Ford Federal Direct Loan program to accept specified risk-sharing requirements. For any fiscal year in which at least 25% of the IHE's student body is participating in the Direct Loan program, the IHE must remit a risk-sharing payment (a percentage of the total amount of its defaulted Direct Loans) that declines as the cohort default rate declines. If an IHE develops and implements an approved student loan management plan that includes individualized financial aid counseling for students and strategies to minimize student loan default and delinquency, the Department of Education (ED) must modify the risk-sharing requirements. ED may waive or reduce an IHE's risk-sharing payments in certain other instances. An IHE may not deny admission or financial aid based on a perception that a student may be at risk for defaulting on a Direct Loan. ED may enter into contracts or cooperative agreements for: (1) statewide or institutionally-based programs for the prevention of federal student loan delinquency and default at IHEs that have a high cohort default rate or serve large numbers of students who have a higher risk of defaulting on student loans under title IV, and (2) increasing the number of borrowers who successfully rehabilitate defaulted loans. Risk-sharing payments are to be deposited in a separate account in the Treasury and used as follows: (1) up to 50% for ED to enter into the contracts or cooperative agreements for delinquency and default prevention or rehabilitation, and (2) the remainder to offset any future shortfalls in funding under the Federal Pell Grant program. An IHE's ability to meet its obligation to make risk-sharing payments shall be part of the determination of its eligibility to participate in title IV programs.

Protect Student Borrowers Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``RFS Reform Act of 2013''. SEC. 2. TABLE OF CONTENTS. The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I--RENEWABLE FUEL STANDARD AMENDMENTS Sec. 101. Amendments to the Clean Air Act. Sec. 102. Cellulosic biofuel requirement based on actual production. Sec. 103. Reduction in applicable volume of renewable fuel corresponding to certain reductions in applicable volume of biomass-based diesel. Sec. 104. Applicability and regulations. TITLE II--GASOLINE CONTAINING GREATER THAN 10-VOLUME-PERCENT ETHANOL Sec. 201. Prohibition of gasoline blends with greater than 10-volume- percent ethanol. Sec. 202. Prohibition of waivers. Sec. 203. Misfueling rule. TITLE I--RENEWABLE FUEL STANDARD AMENDMENTS SEC. 101. AMENDMENTS TO THE CLEAN AIR ACT. (a) Revised Definition of Renewable Fuel.-- (1) In general.--Section 211(o)(1)(J) of the Clean Air Act (42 U.S.C. 7545(o)(1)(J)) is amended to read as follows: ``(J) Renewable fuel.--The term `renewable fuel' means fuel that-- ``(i) is produced from renewable biomass; ``(ii) is used to replace or reduce the quantity of fossil fuel present in a transportation fuel; and ``(iii) beginning on January 1, 2014, is advanced biofuel.''. (2) Conforming amendment.--Section 211(o)(1)(B)(i) of the Clean Air Act (42 U.S.C. 7545(o)(1)(B)(i)) is amended by striking ``renewable fuel'' and inserting ``fuel described in clauses (i) and (ii) of subparagraph (J)''. (b) Applicable Volumes.--Section 211(o)(2)(B)(i) of the Clean Air Act (42 U.S.C. 7545(o)(2)(B)(i)) is amended-- (1) in the table in subclause (I)-- (A) by striking ``18.15'' and inserting ``3.75''; (B) by striking ``20.5'' and inserting ``5.5''; (C) by striking ``22.25'' and inserting ``7.25''; (D) by striking ``24.0'' and inserting ``9.0''; (E) by striking ``26.0'' and inserting ``11.0''; (F) by striking ``28.0'' and inserting ``13.0''; (G) by striking ``30.0'' and inserting ``15.0''; (H) by striking ``33.0'' and inserting ``18.0''; and (I) by striking ``36.0'' and inserting ``21.0''; (2) in subclause (II)-- (A) in the matter preceding the table, by striking ``2022'' and inserting ``2013''; and (B) in the table, by striking the items relating to calendars years 2014 through 2022; (3) in subclause (III), by striking ``of the volume of advanced biofuel required under subclause (II)'' and inserting ``of the volume of advanced biofuel required for calendar years 2010 through 2013 under subclause (II), as in effect on the day before the date of enactment of the Renewable Fuel Standard Amendments Act, and of the volume of renewable fuel required for calendar years 2014 through 2022 under the subclause (I)''; and (4) in subclause (IV), by inserting ``, as in effect on the day before the date of enactment of the Renewable Fuel Standard Amendments Act'' after ``of the volume of advanced biofuel required under subclause (II)''. (c) Conforming Amendments.-- (1) Other calendar years.--Section 211(o)(2)(B) of the Clean Air Act (42 U.S.C. 7545(o)(2)(B)) is amended-- (A) in clause (ii)(III), by striking ``advanced biofuels in each category (cellulosic biofuel and biomass-based diesel)'' and inserting ``cellulosic biofuel and biomass-based diesel''; (B) by striking clause (iii); and (C) by redesignating clauses (iv) and (v) as clauses (iii) and (iv), respectively. (2) Applicable percent reduction level.--Section 211(o)(4) of the Clean Air Act (42 U.S.C. 7545(o)(4)) is amended-- (A) in subparagraph (E), by striking ``20, 50, or 60 percent reduction levels'' and inserting ``applicable percent reduction level''; and (B) in subparagraph (F), by inserting ``(if applicable)'' after ``(2)(A)(i)''. (3) Waivers.--Section 211(o)(7) of the Clean Air Act (42 U.S.C. 7545(o)(7)) is amended-- (A) in subparagraph (D)(i), by inserting ``, if such year is before 2014,'' before ``advanced biofuels''; and (B) in subparagraph (E)(ii), by inserting ``, if such year is before 2014,'' before ``advanced biofuels''. SEC. 102. CELLULOSIC BIOFUEL REQUIREMENT BASED ON ACTUAL PRODUCTION. (a) Provision of Estimate of Volumes of Cellulosic Biofuel.-- Section 211(o)(3)(A) of the Clean Air Act (42 U.S.C. 7545(o)(3)(A)) is amended-- (1) by inserting ``(i)'' before ``Not later than''; and (2) by adding at the end the following new clause: ``(ii)(I) In determining any estimate under clause (i), with respect to the following calendar year, of the projected volume of cellulosic biofuel production (as described in paragraph (7)(D)(i)), the Administrator of the Energy Information Administration shall-- ``(aa) for each cellulosic biofuel production facility that is producing (and continues to produce) cellulosic biofuel during the period of January 1 through October 31 of the calendar year in which the estimate is made (in this clause referred to as the `current calendar year')-- ``(AA) determine the average monthly volume of cellulosic biofuel produced by such facility, based on the actual volume produced by such facility during such period; and ``(BB) based on such average monthly volume of production, determine the estimated annualized volume of cellulosic biofuel production for such facility for the current calendar year; and ``(bb) for each cellulosic biofuel production facility that begins initial production of (and continues to produce) cellulosic biofuel after January 1 of the current calendar year-- ``(AA) determine the average monthly volume of cellulosic biofuel produced by such facility, based on the actual volume produced by such facility during the period beginning on the date of initial production of cellulosic biofuel by the facility and ending on October 31 of the current calendar year; and ``(BB) based on such average monthly volume of production, determine the estimated annualized volume of cellulosic biofuel production for such facility for the current calendar year. ``(II) An estimate under clause (i) with respect to the following calendar year of the projected volume of cellulosic biofuel production (as described in paragraph (7)(D)(i)), shall be equal to the total of the estimated annual volumes of cellulosic biofuel production for all cellulosic biofuel production facilities described in subclause (I) for the current calendar year.''. (b) Reduction in Applicable Volume.--Section 211(o)(7)(D)(i) of the Clean Air Act (42 U.S.C. 7545(o)(7)(D)(i)), as amended by section 101(c)(3)(A), is further amended by-- (1) striking ``based on the'' and inserting ``using the exact''; (2) striking ``may also reduce'' and inserting ``shall also reduce''; and (3) striking ``by the same or a lesser volume'' and inserting ``by the same volume''. SEC. 103. REDUCTION IN APPLICABLE VOLUME OF RENEWABLE FUEL CORRESPONDING TO CERTAIN REDUCTIONS IN APPLICABLE VOLUME OF BIOMASS-BASED DIESEL. Section 211(o)(7)(E)(ii) of the Clean Air Act (42 U.S.C. 7545(o)(7)(E)(ii)) is amended by striking ``may also reduce'' and inserting ``shall reduce''. SEC. 104. APPLICABILITY AND REGULATIONS. The amendments made by this title to section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) shall apply only with respect to calendar years 2014 and after, except that the Administrator of the Environmental Protection Agency shall promulgate regulations to carry out such amendments not later than 1 year after the date of enactment of this Act, and take any steps necessary to ensure such amendments may be carried out for calendar years 2014 and after. TITLE II--GASOLINE CONTAINING GREATER THAN 10-VOLUME-PERCENT ETHANOL SEC. 201. PROHIBITION OF GASOLINE BLENDS WITH GREATER THAN 10-VOLUME- PERCENT ETHANOL. Notwithstanding any other provision of law, the Administrator of the Environmental Protection Agency may not, including by granting a waiver under section 211(f)(4) of the Clean Air Act (42 U.S.C. 7545(f)(4)), authorize or otherwise allow the introduction into commerce of gasoline containing greater than 10-volume-percent ethanol. SEC. 202. PROHIBITION OF WAIVERS. (a) In General.--Any waiver granted under section 211(f)(4) of the Clean Air Act (42 U.S.C. 7545(f)(4)) before the date of enactment of this Act that allows the introduction into commerce of gasoline containing greater than 10-volume-percent ethanol for use in motor vehicles shall have no force or effect. (b) Certain Waivers.--The waivers described in subsection (a) include the following: (1) The waiver entitled, ``Partial Grant and Partial Denial of Clean Air Act Waiver Application Submitted by Growth Energy To Increase the Allowable Ethanol Content of Gasoline to 15 Percent; Decision of the Administrator'', 75 Fed. Reg. 68094 (November 4, 2010). (2) The waiver entitled, ``Partial Grant of Clean Air Act Waiver Application Submitted by Growth Energy To Increase the Allowable Ethanol Content of Gasoline to 15 Percent; Decision of the Administrator'', 76 Fed. Reg. 4662 (January 26, 2011). SEC. 203. MISFUELING RULE. The portions of the rule entitled, ``Regulation to Mitigate the Misfueling of Vehicles and Engines with Gasoline Containing Greater Than Ten Volume Percent Ethanol and Modifications to the Reformulated and Conventional Gasoline Programs'', 76 Fed. Reg. 44406 (July 25, 2011) to mitigate misfueling shall have no force and effect 60 days after the date of enactment of this Act.

RFS Reform Act of 2013 - Amends the Clean Air Act to revise the renewable fuel program. Requires "renewable fuel," beginning on January 1, 2014, to be advanced biofuel. Revises the renewable fuel standards by: (1) decreasing the volume of renewable fuel that is required to be contained in gasoline sold or introduced into commerce in the United States in 2014 through 2022; and (2) eliminating the separate advanced biofuel volume requirements for those years. Requires the Administrator of the Energy Information Administration, in estimating the projected volume of cellulosic biofuel production in the next year, to determine for each cellulosic biofuel production facility: (1) the average monthly volume of biofuel produced by such facility based on the actual volume produced through October 31 of the current year, and (2) the estimated annualized volume of biofuel production for such facility for the current year. Requires the estimate of cellulosic biofuel projected to be sold or introduced into commerce in the following year to equal the total of the estimated annual volumes of cellulosic biofuel production for all such facilities. Requires (currently, authorizes) the Administrator, in any year in which the Administrator reduces the applicable volume of cellulosic biofuel required in gasoline, to also reduce the applicable volume of renewable fuel and advanced biofuels required by the same (currently, by the same or a lesser) volume. Prohibits the Administrator of the Environmental Protection Agency (EPA) from allowing the introduction into commerce of gasoline containing greater than 10-volume-percent ethanol. Nullifies waivers from requirements for new fuels and fuel additives that were granted before this Act's enactment and that allow the introduction of such gasoline for use in motor vehicles. Nullifies portions of the rule entitled, "Regulation to Mitigate the Misfueling of Vehicles and Engines with Gasoline Containing Greater Than Ten Volume Percent Ethanol and Modifications to the Reformulated and Conventional Gasoline Programs."

RFS Reform Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Same Number Act of 2007''. SEC. 2. VOICE SERVICE NUMBER PORTABILITY. (a) In General.--Title VII of the Communications Act of 1934 (47 U.S.C. 601 et seq.) is amended by inserting after section 714 the following: ``SEC. 715. NUMBER PORTABILITY. ``(a) In General.--A provider of voice services has the duty to provide, to the extent technically feasible, number portability in accordance with requirements prescribed by the Commission. ``(b) Standards.-- ``(1) In general.--Within 270 days after the date of enactment of the Same Number Act of 2007, to facilitate consumer choice among voice service providers the Commission shall establish number portability performance standards for voice service providers that, at a minimum-- ``(A) require voice service providers to port numbers in an expeditious and efficient manner that is technically feasible; ``(B) institute a uniform porting process in which the porting-out provider may require only the minimum information necessary to validate the requesting customer and complete the port; ``(C) prohibit the porting-out provider from deactivating and removing a number from its switch for at least forty-eight (48) hours after the scheduled port request is completed; and ``(D) encourage the reasonable automation of the porting process. ``(2) Flexibility.--In adopting performance standards under paragraph (1), the Commission may-- ``(A) take into account differences between simple and complex ports; and ``(B) grant a waiver of such standards for any provider or class of providers that can show that such standards would result in unreasonable compliance costs for that provider or class, except that any such waiver shall be of limited duration. ``(3) Public access to timeframes.--The Commission shall make available to the public on its Internet website any standard timeframes established by the Commission under paragraph (1). ``(c) Porting Reporting.-- ``(1) Providers.--Beginning 1 year after the date on which the Commission issues a final rule under subsection (b) establishing number portability performance standards for voice service providers, a voice service provider shall submit a report each year to the Commission on its number portability activity during the preceding 12 months, including a statement of the number of ports it failed to complete within the time required by the standards, and an explanation of the reason for such failures. ``(2) Commission.--Beginning 1 year after the date on which the Commission issues the final rule under subsection (b), the Commission shall submit a report each year to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce on the effectiveness and efficiency of the number portability performance standards for voice service providers established under this section. ``(3) Sunset.--The requirements of this subsection shall cease to apply 60 months after the date on which the Commission issues such final rule. ``(d) Numbering Administration.-- ``(1) Commission authority and jurisdiction.--The Commission shall designate 1 or more impartial entities to administer telecommunications and voice service numbering and to ensure that numbers are available on an equitable basis. The Commission has exclusive jurisdiction of those portions of the North American Numbering Plan that pertain to the United States. Nothing in this subsection precludes the Commission from delegating to State Commission or other entities all or a portion of such jurisdiction. ``(2) Costs.--The costs of establishing numbering administration arrangements and number portability shall be borne by all voice service providers on a competitively neutral basis, as determined by the Commission. ``(3) Universal emergency telephone number.--The Commission and any agency or entity to which the Commission has delegated authority under section 715(e) shall designate 9-1-1 as the universal emergency telephone number within the United States for reporting an emergency to appropriate authorities and requesting assistance. The designation shall apply to both wireline and wireless telephone service. In making the designation, the Commission (and any such agency or entity) shall provide appropriate transition periods for areas in which 9-1-1 is not in use as an emergency telephone number on the date of enactment of the Wireless Communications and Public Safety Act of 1999. ``(e) Voice Service Defined.--In this section, the term `voice service' means-- ``(1) a telecommunications service; or ``(2) any service that is not a telecommunications service, but that otherwise is an IP-enabled voice service as defined in section 9.3 of the Commission's regulations (47 C.F.R. 9.3), as those regulations may be amended by the Commission from time to time.''. (b) Conforming Amendments.--Section 251 of the Communications Act of 1934 (47 U.S.C. 251) is amended-- (1) by striking subsection (b)(2) and redesignating paragraphs (3), (4), and (5) of subsection (b) as paragraphs (2), (3), and (4), respectively; and (2) by striking subsection (e) and redesignating subsections (f), (g), (h), and (i) as subsections (e), (f), (g), and (h), respectively.

Same Number Act of 2007 - Amends the Communications Act of 1934 to declare that a provider of voice services (a telecommunications service or an IP-enabled voice service) has the duty to provide number portability to the extent technically feasible. Requires that the costs of establishing numbering administration arrangements and number portability be borne by all voice service providers on a competitively neutral basis. Requires designation of 9-1-1 as the universal emergency telephone number within the United States for both wireline and wireless telephone service.

To amend the Communications Act of 1934 to facilitate number portability in order to increase consumer choice of voice service provider.