FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. COMMEMORATIVE COINS IN HONOR OF THE FOUNDING OF BILOXI, MISSISSIPPI. (a) Coin Specifications.--The Secretary of the Treasury (hereafter in this section referred to as the ``Secretary'') shall mint and issue each of the following coins: (1) $10 gold coins.--Not more than 100,000 $10 coins, each of which shall-- (A) weigh 16.718 grams; (B) have a diameter of 1.06 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins.--Not more than 500,000 $1 coins, each of which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (3) Half dollar clad coins.--Not more than 750,000 half dollar coins each of which shall-- (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half dollar coins contained in section 5112(b) of title 31, United States Code. (b) Legal Tender.--The coins minted under this section shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Sources of Bullion.--The Secretary shall obtain gold and silver for minting coins under this section pursuant to the authority of the Secretary under other provisions of law, including authority relating to the use of silver stockpiles established under the Strategic and Critical Materials Stockpiling Act, as applicable. (d) Design of Coins.-- (1) Design requirements.-- (A) In general.--The design of the coins minted under this section shall be emblematic of the landing of Pierre LeMoyne Sieur D'Iberville on the shores of present day Biloxi, Mississippi, on February 13, 1699. (B) Designation and inscriptions.--On each coin minted under this section there shall be-- (i) a designation of the value of the coin; (ii) an inscription of the year 1999; and (iii) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (2) Selection.--The design for the coins minted under this section shall be-- (A) selected by the Secretary after consultation with the Board of Directors of the Biloxi Tricentennial Commission and the Commission of Fine Arts; and (B) reviewed by the Citizens Commemorative Coin Advisory Committee. (e) Period for Issuance of Coins.--The Secretary may issue coins minted under this section only during the period beginning on January 1, 1999, and ending on December 31, 1999. (f) Sale of Coins.-- (1) Sale price.--The coins issued under this section shall be sold by the Secretary at a price equal to the sum of-- (A) the face value of the coins; (B) the surcharge provided in paragraph (4) with respect to such coins; and (C) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (2) Bulk sales.--The Secretary shall make bulk sales of the coins issued under this section at a reasonable discount. (3) Prepaid orders.-- (A) In general.--The Secretary shall accept prepaid orders for the coins minted under this section before the issuance of such coins. (B) Discount.--Sale prices with respect to prepaid orders under subparagraph (A) shall be at a reasonable discount. (4) Surcharges.--All sales shall include a surcharge of-- (A) $35 per coin for the $10 coin; (B) $10 per coin for the $1 coin; and (C) $1 per coin for the half dollar coin. (g) General Waiver of Procurement Regulations.-- (1) In general.--Except as provided in paragraph (2), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out this section. (2) Equal employment opportunity.--Paragraph (1) does not relieve any person entering into a contract under the authority of this section from complying with any law relating to equal employment opportunity. (h) Treatment as Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this subsection shall be considered to be numismatic items. (i) Distribution of Surcharges.-- (1) In general.--Subject to section 5134 of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this section shall be promptly paid by the Secretary-- (A) to the Biloxi Tricentennial Commission, Inc., for the purpose of planning and implementing the 1999 Tricentennial Celebration in Biloxi, Mississippi; and (B) upon dissolution of the Biloxi Tricentennial Commission, Inc., to Biloxi First, Inc., for the purpose of funding educational projects directly related to local history instruction for students in the public school system in Biloxi, Mississippi. (2) Audits.--The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the Biloxi Tricentennial Commission, Inc., and Biloxi First, Inc., as may be related to the expenditures of amounts paid under paragraph (1). (j) Financial Assurances.--The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this section will not result in any net cost to the United States Government.

Instructs the Secretary of the Treasury to mint and issue the following coins emblematic of the landing of Pierre LeMoyne Sieur D'Iberville on the shores of present day Biloxi, Mississippi, on February 13, 1699: (1) ten-dollar gold coins; (2) one-dollar silver coins; and (3) half dollar clad coins. Mandates payment of surcharges collected from coin sales to: (1) the Biloxi Tricentennial Commission, Inc., for planning and implementing the 1999 Tricentennial Celebration in Biloxi, Mississippi; and (2) the Biloxi First, Inc., upon Commission dissolution, for educational projects directly related to local history instruction for Biloxi public school students.

A bill to authorize the minting and issuance of a commemorative coin in honor of the founding of Biloxi, Mississippi.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Constitutional Rights Oversight Act''. SEC. 2. ESTABLISHMENT OF OFFICE OF INSPECTOR GENERAL FOR FEDERAL COUNTERTERRORISM ACTIVITIES. (a) Establishment as Independent Agency.--There is established as an independent agency in the executive branch of the Government an agency which shall be known as the ``Office of the Inspector General for Counterterrorism Activities''. (b) Purpose.--The purpose of the Office shall be to assure that counterterrorism activities of Federal agencies are carried out in a manner fully consistent with the requirements of the Constitution and in particular with the constitutional rights of individuals or groups of individuals who may be the subject of such counterterrorism activities or who are members of a group that may be the subject of such counterterrorism activities. (c) Rule of Construction.--This Act shall be construed to ensure the fullest protection of constitutional rights. SEC. 3. INSPECTOR GENERAL FOR COUNTERTERRORISM ACTIVITIES. (a) In General.--The Office shall be under the direction and control of the Inspector General for Counterterrorism Activities. (b) Appointment.--The Inspector General shall be appointed by the President, by and with the advice and consent of the Senate, and shall report solely to the President. The term of the Inspector General shall be 6 years. (c) General Functions.--The Inspector General shall-- (1) protect against abuses of constitutional rights and civil liberties in the conduct of Federal counterterrorism activities, as provided in this Act; and (2) with respect to counterterrorism agencies, perform all functions that are performed under the Inspector General Act of 1978 (5 U.S.C. App.) with respect to establishments by Inspectors General of establishments, without regard to section 8E of that Act. (d) Powers.--For the purpose of performing any function authorized under this Act, the Inspector General may exercise any power that is available under the Inspector General Act of 1978 to an Inspector General of an establishment, except that section 8E of that Act does not apply to the Inspector General. SEC. 4. FUNCTIONS RELATING TO PROTECTION OF CONSTITUTIONAL RIGHTS. (a) Documents Related to Surveillance and Other Activities.--Each Federal official submitting to a court or another official any request for authorization for a search, wiretap, or other surveillance activity to be conducted for counterterrorism purposes or for deportation of any individual for reasons related to counterterrorism purposes shall as soon as practicable provide to the Inspector General a copy of the request together with all documents submitted to such court or official in support of such request. (b) Actions To Protect Constitutional Rights.--The Inspector General may provide to any court or another official receiving a request under subsection (a) a response to such request and may propose that such court or official take such action in response to such request as the Inspector General finds appropriate in order to assure the protection of the constitutional rights of any person likely to be affected by the granting of such request. (c) Public Involvement.--(1) The Inspector General shall provide for receipt and review of suggestions or complaints regarding the consistency with constitutional requirements of the conduct of counterterrorism activities by Federal agencies. (2) The Inspector General may refer any suggestion or complaint described in paragraph (1) to the appropriate Federal agency or agencies. Any agency to which such a suggestion or complaint is referred shall provide the Inspector General with a full and timely response to such suggestion or complaint. (d) Reports.--(1) The Inspector General shall submit to the Congress and the President annual reports reviewing compliance by counterterrorism agencies with protection of constitutional rights. The Inspector General shall also submit such special reports as the Inspector considers appropriate to promote full protection of constitutional rights with respect to counterterrorism activities of Federal agencies. (2) The Inspector General shall submit, with any report under this subsection that contains classified information, an unclassified summary. SEC. 5. RELATIONSHIP TO LAWS REQUIRING SECURITY CLEARANCE. This Act shall not be considered or construed to affect any Federal law that requires the Inspector General or any personnel of the Office to obtain security clearance. The President shall take all steps necessary to assure that the Inspector General and any personnel of the Office are authorized, in accordance with those laws, to obtain all information appropriate for full implementation of this Act and the protection of constitutional rights. SEC. 6. REFERENCES TO HEAD OF ESTABLISHMENT IN INSPECTOR GENERAL ACT OF 1978. For purposes of sections 2 and 3(a), a reference in the Inspector General Act of 1978 to the head of an establishment shall be treated as a reference to the President. SEC. 7. DEFINITIONS. In this Act: (1) The term ``counterterrorism agency'' means any Federal agency involved in counterterrorism activities. (2) The term ``establishment'' has the meaning given that term in section 11 of the Inspector General Act of 1978. (3) Except to the extent the context indicates otherwise, the term ``Inspector General'' means the Inspector General for Counterterrorism Activities appointed under this Act. (4) The term ``Office'' means the Office of the Inspector General for Counterterrorism Activities established by this Act. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of this Act.

Constitutional Rights Oversight Act - Establishes the Office of the Inspector General for Counterterrorism Activities as an independent agency in the executive branch of the Government. Mandates that the Office assure that counterterrorism activities of Federal agencies are carried out in a manner consistent with the requirements of the Constitution. Establishes the position of Inspector General for Counterterrorism Activities, appointed by the President, to whom alone the Inspector General shall report. Requires the Inspector General to: (1) protect against abuses of constitutional rights and civil liberties in the conduct of Federal counterterrorism activities; and (2) perform all functions under the Inspector General Act with respect to counterterrorism agencies. Requires Federal officials submitting to a court or other official any request for authorization for surveillance activity for counterterrorism purposes to provide the Inspector General with a copy of such request along with any documents submitted in support of such request. Authorizes the Inspector General to submit to any court or other official receiving such a request a response together with any proposals for appropriate action to ensure the constitutional rights of any person likely to be affected by the granting of such request. Authorizes appropriations.

Constitutional Rights Oversight Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Hospice Benefit Amendments of 1996''. SEC. 2. HOSPICE CARE BENEFIT PERIODS. (a) Restructuring of Benefit Period.--Section 1812 of the Social Security Act (42 U.S.C. 1395d) is amended in subsections (a)(4) and (d)(1), by striking ``, a subsequent period of 30 days, and a subsequent extension period'' and inserting ``and an unlimited number of subsequent periods of 60 days each''. (b) Conforming Amendments.--(1) Section 1812 of such Act (42 U.S.C. 1395d) is amended in subsection (d)(2)(B) by striking ``90- or 30-day period or a subsequent extension period'' and inserting ``90-day period or a subsequent 60-day period''. (2) Section 1814(a)(7)(A) of such Act (42 U.S.C. 1395f(a)(7)(A)) is amended-- (A) in clause (i), by inserting ``and'' at the end; (B) in clause (ii)-- (i) by striking ``30-day'' and inserting ``60- day''; and (ii) by striking ``and'' at the end and inserting a period; and (C) by striking clause (iii). SEC. 3. AMBULANCE SERVICES, DIAGNOSTIC TESTS, CHEMOTHERAPY SERVICES, AND RADIATION THERAPY SERVICES INCLUDED IN HOSPICE CARE. Section 1861(dd)(1) of the Social Security Act (42 U.S.C. 1395x(dd)(1)) is amended-- (1) in subparagraph (E), by inserting ``anticancer chemotherapeutic agents and other'' before ``drugs''; (2) in subparagraph (G), by striking ``and'' at the end; (3) in subparagraph (H), by striking the period at the end and inserting a comma; and (4) by inserting after subparagraph (H) the following: ``(I) ambulance services, ``(J) diagnostic tests, and ``(K) radiation therapy services.''. SEC. 4. CONTRACTING WITH INDEPENDENT PHYSICIANS OR PHYSICIAN GROUPS FOR HOSPICE CARE SERVICES PERMITTED. Section 1861(dd)(2) of the Social Security Act (42 U.S.C. 1395x(dd)(2)) is amended-- (1) in subparagraph (A)(ii)(I), by striking ``(F),''; and (2) in subparagraph (B)(i), by inserting ``or under contract with'' after ``employed by''. SEC. 5. WAIVER OF CERTAIN STAFFING REQUIREMENTS FOR HOSPICE CARE PROGRAMS IN NON-URBANIZED AREAS. Section 1861(dd)(5) of the Social Security Act (42 U.S.C. 1395x(dd)(5)) is amended-- (1) in subparagraph (B), by inserting ``or (C)'' after ``subparagraph (A)'' each place it appears; and (2) by adding at the end the following: ``(C) The Secretary may waive the requirements of paragraph (2)(A)(i) and (2)(A)(ii) for an agency or organization with respect to the services described in paragraph (1)(B) and, with respect to dietary counseling, paragraph (1)(H), if such agency or organization-- ``(i) is located in an area which is not an urbanized area (as defined by the Bureau of Census), and ``(ii) demonstrates to the satisfaction of the Secretary that the agency or organization has been unable, despite diligent efforts, to recruit appropriate personnel.''. SEC. 6. LIMITATION ON LIABILITY OF BENEFICIARIES AND PROVIDERS FOR CERTAIN HOSPICE COVERAGE DENIALS. (a) In General.--Section 1879(g) of the Social Security Act (42 U.S.C. 1395pp(g)) is amended-- (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and moving such subparagraphs 2 ems to the right; (2) by striking ``is,'' and inserting ``is--''; (3) by making the remaining text of subsection (g), as amended, that follows ``is--'' a new paragraph (1) and indenting such paragraph 2 ems to the right; (4) by striking the period at the end and inserting ``; and''; and (5) by adding at the end the following new paragraph: ``(2) with respect to the provision of hospice care to an individual, a determination that the individual is not terminally ill.''. (b) Waiver Period Extended.--Section 9305(f)(2) of the Omnibus Budget Reconciliation Act of 1986 is amended by striking ``and before December 31, 1995.''. (c) Effective Date.--The amendments made by this section take effect December 31, 1995. SEC. 7. EXTENDING THE PERIOD FOR PHYSICIAN CERTIFICATION OF AN INDIVIDUAL'S TERMINAL ILLNESS. Section 1814(a)(7)(A)(i)(II) of the Social Security Act (42 U.S.C. 1395f(a)(7)(A)(i)(II)) is amended by striking ``, not later than 2 days after hospice care is initiated (or, if each certify verbally not later than 2 days after hospice care is initiated, not later than 8 days after such care is initiated),'' and inserting ``at the beginning of the period''. SEC. 8. EFFECTIVE DATE. Except as provided in section 6(c), the amendments made by this Act apply to benefits provided on or after the date of the enactment of this Act, regardless of whether or not an individual has made an election under section 1812(d) of the Social Security Act before such date.

Medicare Hospice Benefit Amendments of 1996 - Amends title XVIII (Medicare) of the Social Security Act with respect to hospice care to: (1) restructure the hospice care benefit period; (2) cover ambulance services, diagnostic tests, and anticancer chemotherapy and radiation therapy services; (3) permit contracting with independent physicians or physician groups for hospice care services; (4) allow waiver of certain staffing requirements for hospice care programs in non-urbanized areas; (5) define coverage denial, with respect to the limitation on the liability of beneficiaries and providers, to mean a determination that an individual is not terminally ill; and (6) extend the period for physician certification of an individual's terminal illness.

Medicare Hospice Benefit Amendments of 1996

SECTION 1. SIMPLIFICATION OF EMPLOYMENT TAXES ON DOMESTIC SERVICES. (a) Increase in Threshold Requirement.-- (1) Subparagraph (B) of section 3121(a)(7) of the Internal Revenue Code of 1986 (defining wages) is amended by striking ``$50'' and inserting ``$300''. (2) Subparagraph (B) of section 209(a)(6) of the Social Security Act is amended by striking ``$50'' and inserting ``$300''. (3) The second sentence of section 3102(a) of such Code is amended by striking ``$50'' and inserting ``$300''. (b) Coordination of Collection of Domestic Service Employment With Collection of Income Taxes.-- (1) In general.--Chapter 25 of such Code (relating to general provisions relating to employment taxes) is amended by adding at the end thereof the following new section: ``SEC. 3510. COORDINATION OF COLLECTION OF DOMESTIC SERVICE EMPLOYMENT TAXES WITH COLLECTION OF INCOME TAXES. ``(a) General Rule.--Except as otherwise provided in this section-- ``(1) returns with respect to domestic service employment taxes shall be made on a calendar year basis, ``(2) any such return for any calendar year shall be filed on or before the 15th day of the fourth month following the close of the employer's taxable year which begins in such calendar year, and ``(3) no requirement to make deposits (or to pay installments under section 6157) shall apply with respect to such taxes. ``(b) Domestic Service Employment Taxes Subject to Estimated Tax Provisions.-- ``(1) In general.--Solely for purposes of section 6654, domestic service employment taxes imposed with respect to any calendar year shall be treated as a tax imposed by chapter 2 for the taxable year of the employer which begins in such calendar year. ``(2) Annualization.--Under regulations prescribed by the Secretary, appropriate adjustments shall be made in the application of section 6654(d)(2) in respect of the amount treated as tax under paragraph (1). ``(3) Transitional rule.--For purposes of applying section 6654 to a taxable year beginning in 1994, the amount referred to in clause (ii) of section 6654(d)(1)(B) shall be increased by 90 percent of the amount treated as tax under paragraph (1) for such taxable year. ``(c) Domestic Service Employment Taxes.--For purposes of this section, the term `domestic service employment taxes' means-- ``(1) any taxes imposed by chapter 21 or 23 on remuneration paid for domestic service in a private home of the employer, and ``(2) any amount withheld from such remuneration pursuant to an agreement under section 3402(p). For purposes of this subsection, the term `domestic service in a private home of the employer' does not include service described in section 3121(g)(5). ``(d) Exception Where Employer Liable for Other Employment Taxes.-- To the extent provided in regulations prescribed by the Secretary, this section shall not apply to any employer for any calendar year if such employer is liable for any tax under this subtitle with respect to remuneration for services other than domestic service in a private home of the employer. ``(e) General Regulatory Authority.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section. Such regulations may treat domestic service employment taxes as taxes imposed by chapter 1 for purposes of coordinating the assessment and collection of such employment taxes with the assessment and collection of domestic employers' income taxes. ``(f) Authority To Enter Into Agreements To Collect State Unemployment Taxes.-- ``(1) In general.--The Secretary is hereby authorized to enter into an agreement with any State to collect, as the agent of such State, such State's unemployment taxes imposed on remuneration paid for domestic service in a private home of the employer. Any taxes to be collected by the Secretary pursuant to such an agreement shall be treated as domestic service employment taxes for purposes of this section. ``(2) Transfers to state account.--Any amount collected under an agreement referred to in paragraph (1) shall be transferred by the Secretary to the account of the State in the Unemployment Trust Fund. ``(3) Subtitle f made applicable.--For purposes of subtitle F, any amount required to be collected under an agreement under paragraph (1) shall be treated as a tax imposed by chapter 23. ``(4) State.--For purposes of this subsection, the term `State' has the meaning given such term by section 3306(j)(1).'' (2) Clerical amendment.--The table of sections for chapter 25 of such Code is amended by adding at the end thereof the following: ``Sec. 3510. Coordination of collection of domestic service employment taxes with collection of income taxes.'' (c) Effective Date.--The amendments made by this section shall apply to remuneration paid in calendar years after 1993.

Amends the Internal Revenue Code to raise the threshold (from $50 to $300 a quarter) for paying and withholding social security taxes on wages paid for domestic service in a private home. Sets forth rules for filing returns with respect to domestic service employment taxes and requires such returns to be made on a calendar year basis. Subjects such taxes to estimated tax provisions. Makes filing requirements inapplicable to any employer liable for tax concerning remuneration for services other than domestic service in a private home. Authorizes the Secretary of the Treasury to enter into agreements with States to collect the State unemployment tax imposed on remuneration for domestic service and transfers such amounts to a State's account in the Unemployment Trust Fund. Treats such taxes as domestic service employment taxes.

To amend the Internal Revenue Code of 1986 to simplify the application of employment taxes in the case of domestic services.

SECTION 1. CONSOLIDATION OF CONTRACT REQUIREMENTS. (a) Amendment to Title 10.-- (1) In general.--Chapter 141 of title 10, United States Code, is amended by inserting after section 2381 the following new section: ``Sec. 2382. Consolidation of contract requirements: policy and restrictions ``(a) Policy.--The Secretary of Defense shall require the Secretary of each military department, the head of each Defense Agency, and the head of each Department of Defense Field Activity to ensure that the decisions made by that official regarding consolidation of contract requirements of the department, agency, or activity as the case may be, are made with a view to providing small business concerns with appropriate opportunities to participate in Department of Defense procurements as prime contractors and appropriate opportunities to participate in such procurements as subcontractors. ``(b) Limitation on Use of Acquisition Strategies Involving Consolidation.--(1) An official of a military department, Defense Agency, or Department of Defense Field Activity may not execute an acquisition strategy that includes a consolidation of contract requirements of the military department, agency, or activity with a total value in excess of $5,000,000, unless the senior procurement executive concerned first-- ``(A) conducts market research; ``(B) identifies any alternative contracting approaches that would involve a lesser degree of consolidation of contract requirements; and ``(C) determines that the consolidation is necessary and justified. ``(2) A senior procurement executive may determine that an acquisition strategy involving a consolidation of contract requirements is necessary and justified for the purposes of paragraph (1) if the benefits of the acquisition strategy substantially exceed the benefits of each of the possible alternative contracting approaches identified under subparagraph (B) of that paragraph. However, savings in administrative or personnel costs alone do not constitute, for such purposes, a sufficient justification for a consolidation of contract requirements in a procurement unless the total amount of the cost savings is expected to be substantial in relation to the total cost of the procurement. ``(3) Benefits considered for the purposes of paragraphs (1) and (2) may include cost and, regardless of whether quantifiable in dollar amounts-- ``(A) quality; ``(B) acquisition cycle; ``(C) terms and conditions; and ``(D) any other benefit. ``(c) Definitions.--In this section: ``(1) The terms `consolidation of contract requirements' and `consolidation', with respect to contract requirements of a military department, Defense Agency, or Department of Defense Field Activity, mean a use of a solicitation to obtain offers for a single contract or a multiple award contract to satisfy two or more requirements of that department, agency, or activity for goods or services that have previously been provided to, or performed for, that department, agency, or activity under two or more separate contracts smaller in cost than the total cost of the contract for which the offers are solicited. ``(2) The term ``multiple award contract'' means-- ``(A) a contract that is entered into by the Administrator of General Services under the multiple award schedule program referred to in section 2302(2)(C) of this title; ``(B) a multiple award task order contract or delivery order contract that is entered into under the authority of sections 2304a through 2304d of this title or sections 303H through 303K of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253h through 253k); and ``(C) any other indeterminate delivery, indeterminate quantity contract that is entered into by the head of a Federal agency with two or more sources pursuant to the same solicitation. ``(3) The term `senior procurement executive concerned' means-- ``(A) with respect to a military department, the official designated under section 16(3) of the Office of Federal Procurement Policy Act (41 U.S.C. 414(3)) as the senior procurement executive for the military department; or ``(B) with respect to a Defense Agency or a Department of Defense Field Activity, the official so designated for the Department of Defense. ``(4) The term `small business concern' means a business concern that is determined by the Administrator of the Small Business Administration to be a small-business concern by application of the standards prescribed under section 3(a) of the Small Business Act (15 U.S.C. 632(a)).''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2381 the following new item: ``2382. Consolidation of contract requirements: policy and restrictions.''. (b) Data Review.-- (1) Requirement for review.--The Secretary of Defense shall revise the data collection systems of the Department of Defense to ensure that such systems are capable of identifying each procurement that involves a consolidation of contract requirements within the department with a total value in excess of $5,000,000. (2) Periodic review.--The Secretary shall ensure that appropriate officials of the Department of Defense periodically review the information collected pursuant to paragraph (1) in cooperation with the Small Business Administration-- (A) to determine the extent of the consolidation of contract requirements in the Department of Defense; and (B) to assess the impact of the consolidation of contract requirements on the availability of opportunities for small business concerns to participate in Department of Defense procurements, both as prime contractors and as subcontractors. (3) Definitions.--In this subsection: (A) The term ``bundling of contract requirements'' has the meaning given that term in section 3(o)(2) of the Small Business Act (15 U.S.C. 632(o)(2)). (B) The term ``consolidation of contract requirements'' has the meaning given that term in section 2382(c)(1) of title 10, United States Code, as added by subsection (a). (C) The term ``small business concern'' means a business concern that is determined by the Administrator of the Small Business Administration to be a small-business concern by application of the standards prescribed under section 3(a) of the Small Business Act (15 U.S.C. 632(a)). (c) Evaluation of Bundling Effects.--Section 15(h)(2) of the Small Business Act (15 U.S.C. 644(h)(2)) is amended-- (1) in subparagraph (C), by inserting ``, and whether contract bundling played a role in the failure,'' after ``agency goals''; and (2) by adding at the end the following: ``(G) The number and dollar value of consolidations of contract requirements with a total value in excess of $5,000,000, including the number of such consolidations that were awarded to small business concerns as prime contractors.''. (d) Reporting Requirement.-- (1) In general.--The Administrator of the Small Business Administration shall conduct a study examining the best means to determine the accuracy of the market research required under section 15(e)(2) of the Small Business Act (15 U.S.C. 644(e)(2)) for each bundled contract (as defined in section 3(o)(1) of such Act (15 U.S.C. 632(o)(1)), to determine whether the anticipated benefits were realized, or if they were not realized, the reasons that the anticipated benefits were not realized. (2) Provision of information.--The head of a Federal agency shall provide to the appropriate procurement center representative a copy of market research required of the agency under section 15(e)(2) of the Small Business Act for consolidations of contract requirements with a total value in excess of $5,000,000, upon request. (3) Report.--Not later than 270 days after the date of enactment of this Act, the Administrator shall submit a report to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives on the results of the study conducted under this subsection. (4) Repeal of requirement for annual report.--Section 15 of the Small Business Act (15 U.S.C. 644) is amended by striking subsection (p).

Directs the Secretary of Defense to require the Secretary of each military department and the head of each defense agency and Department of Defense (DOD) Field Activity to ensure that decisions made regarding the consolidation of contract requirements (bundling) are made with a view to providing small businesses with appropriate opportunities to participate in DOD procurements as prime contractors and subcontractors. Limits the authority of any such official to execute an acquisition strategy that includes a consolidation of contract requirements with a total value in excess of $5 million. Requires the Secretary to review DOD data collection systems to ensure their capability of identifying each procurement that involves a consolidation in excess of such amount.Amends the Small Business Act to require the Small Business Administration (SBA) to report annually to the President the number and value of consolidations in excess of such amount, including the number of such consolidations that were awarded to small businesses as prime contractors. Requires the SBA Administrator to study the best means to determine the accuracy of certain required market research on bundled contracts to determine whether their anticipated benefits were realized.

A bill to amend title 10, United States Code, to restrict bundling of Department of Defense contract requirements that unreasonably disadvantages small businesses, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Civic Participation Act of 2000''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) The right to vote is the most basic constitutive act of citizenship and regaining the right to vote reintegrates offenders into free society. The right to vote may not be abridged or denied by the United States or by any State on account of race, color, gender, or previous condition of servitude. Basic constitutional principles of fairness and equal protection require an equal opportunity for United States citizens to vote in Federal elections. (2) Congress has ultimate supervisory power over Federal elections, an authority that has repeatedly been upheld by the Supreme Court. (3) Although State laws determine the qualifications for voting in Federal elections, Congress must ensure that those laws are in accordance with the Constitution. Currently, those laws vary throughout the Nation, resulting in discrepancies regarding which citizens may vote in Federal elections. (4) An estimated 3,900,000 individuals in the United States, or 1 in 50 adults, currently cannot vote as a result of a felony conviction. Women represent about 500,000 of those 3,900,000. (5) State disenfranchisement laws disproportionately impact ethnic minorities. (6) Fourteen States disenfranchise ex-offenders who have fully served their sentences, regardless of the nature or seriousness of the offense. (7) In those States that disenfranchise ex-offenders who have fully served their sentences, the right to vote can be regained in theory, but in practice this possibility is often illusory. (8) In 8 States, a pardon or order from the Governor is required for an ex-offender to regain the right to vote. In 2 States, ex-offenders must obtain action by the parole or pardon board to regain that right. (9) Offenders convicted of a Federal offense often have additional barriers to regaining voting rights. In at least 16 States, Federal ex-offenders cannot use the State procedure for restoring their voting rights. The only method provided by Federal law for restoring voting rights to ex-offenders is a Presidential pardon. (10) Few persons who seek to have their right to vote restored have the financial and political resources needed to succeed. (11) Thirteen percent of the African-American adult male population, or 1,400,000 African-American men, are disenfranchised. Given current rates of incarceration, 3 in 10 African-American men in the next generation will be disenfranchised at some point during their lifetimes. Hispanic citizens are also disproportionately disenfranchised, since those citizens are disproportionately represented in the criminal justice system. (12) The discrepancies described in this subsection should be addressed by Congress, in the name of fundamental fairness and equal protection. (b) Purpose.--The purpose of this Act is to restore fairness in the Federal election process by ensuring that ex-offenders who have fully served their sentences are not denied the right to vote. SEC. 3. DEFINITIONS. In this Act: (1) Correctional institution or facility.--The term ``correctional institution or facility'' means any prison, penitentiary, jail, or other institution or facility for the confinement of individuals convicted of criminal offenses, whether publicly or privately operated, except that such term does not include any residential community treatment center (or similar public or private facility). (2) Election.--The term ``election'' means-- (A) a general, special, primary, or runoff election; (B) a convention or caucus of a political party held to nominate a candidate; (C) a primary election held for the selection of delegates to a national nominating convention of a political party; or (D) a primary election held for the expression of a preference for the nomination of persons for election to the office of President. (3) Federal office.--The term ``Federal office'' means the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, Congress. (4) Parole.--The term ``parole'' means parole (including mandatory parole), or conditional or supervised release (including mandatory supervised release), imposed by a Federal, State, or local court. (5) Probation.--The term ``probation'' means probation, imposed by a Federal, State, or local court, with or without a condition on the individual involved concerning-- (A) the individual's freedom of movement; (B) the payment of damages by the individual; (C) periodic reporting by the individual to an officer of the court; or (D) supervision of the individual by an officer of the court. SEC. 4. RIGHTS OF CITIZENS. The right of an individual who is a citizen of the United States to vote in any election for Federal office shall not be denied or abridged because that individual has been convicted of a criminal offense unless, at the time of the election, such individual-- (1) is serving a felony sentence in a correctional institution or facility; or (2) is on parole or probation for a felony offense. SEC. 5. ENFORCEMENT. (a) Attorney General.--The Attorney General may bring a civil action in a court of competent jurisdiction to obtain such declaratory or injunctive relief as is necessary to remedy a violation of this Act. (b) Private Right of Action.-- (1) Notice.--A person who is aggrieved by a violation of this Act may provide written notice of the violation to the chief election official of the State involved. (2) Action.--Except as provided in paragraph (3), if the violation is not corrected within 90 days after receipt of a notice provided under paragraph (1), or within 20 days after receipt of the notice if the violation occurred within 120 days before the date of an election for Federal office, the aggrieved person may bring a civil action in such a court to obtain the declaratory or injunctive relief with respect to the violation. (3) Action for violation shortly before a federal election.--If the violation occurred within 30 days before the date of an election for Federal office, the aggrieved person shall not be required to provide notice to the chief election official of the State under paragraph (1) before bringing a civil action in such a court to obtain the declaratory or injunctive relief with respect to the violation. SEC. 6. RELATION TO OTHER LAWS. (a) No Prohibition on Less Restrictive Laws.--Nothing in this Act shall be construed to prohibit a State from enacting any State law that affords the right to vote in any election for Federal office on terms less restrictive than those terms established by this Act. (b) No Limitation on Other Laws.--The rights and remedies established by this Act shall be in addition to all other rights and remedies provided by law, and shall not supersede, restrict, or limit the application of the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.) or the National Voter Registration Act of 1993 (42 U.S.C. 1973gg et seq.).

Specifies that: (1) nothing in this Act shall be construed to prohibit a State from enacting any State law that affords the right to vote in any election for Federal office on terms less restrictive than those terms established by this Act; and (2) the rights and remedies established by this Act shall be in addition to all other rights and remedies provided by law, and shall not supersede, restrict, or limit the application of the Voters Rights Act of 1965 or the National Voter Registration Act of 1993.

Civic Participation Act of 2000

SECTION. 1. SHORT TITLE. This Act may be cited as the ``Organ Procurement Organization Certification Act of 2000''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Organ procurement organizations play an important role in the effort to increase organ donation in the United States. (2) The current process for certification and recertification of organ procurement organizations conducted by the Department of Health and Human Services has created a level of uncertainty that is interfering with organ procurement organization effectiveness in raising the level of organ donation. (3) The General Accounting Office, the Institute of Medicine, and the Harvard School of Public Health have identified substantial limitations in the organ procurement organization certification and recertification process and have recommended changes in that process. (4) The limitations in the recertification process include-- (A) an exclusive reliance on population-based measures of performance that do not account for the potential in the population for organ donation and do not permit consideration of other outcome and process standards that would more accurately reflect the relative capability and performance of each organ procurement organization; (B) an immediate decertification of organ procurement organizations solely on the basis of the performance measures, without an appropriate opportunity to file and a grace period to pursue a corrective action plan; and (C) a lack of due process to appeal to the Secretary of Health and Human Services for recertification on either substantive or procedural grounds. (5) The Secretary of Health and Human Services has the authority under section 1138(b)(1)(A)(ii) of the Social Security Act to extend the period for recertification of an organ procurement organization from 2 to 4 years on the basis of its past practices in order to avoid the inappropriate disruption of the Nation's organ system. (6) The Secretary of Health and Human Services can use the extended period for recertification of all organ procurement organizations to-- (A) develop improved performance measures that would reflect organ donor potential and interim outcomes, and to test these measures to ensure that they accurately measure performance differences among the organ procurement organizations; and (B) improve the overall certification process by incorporating process as well as outcome performance measures, and developing equitable processes for corrective action plans and appeals. SEC. 3. CERTIFICATION AND RECERTIFICATION OF ORGAN PROCUREMENT ORGANIZATIONS. (a) In General.--Section 1138(b) of the Social Security Act (42 U.S.C. 1320b-8(b)) is amended-- (1) in paragraph (1)(A)(ii) by striking ``within the previous 2 years (4 years if the Secretary determines appropriate for an organization on the basis of its past practices) as meeting the standards to be a qualified organ procurement organization (as so described);'' and inserting ``under paragraph (2) within the previous 4 years;''; (2) by redesignating paragraph (2) as paragraph (3); and (3) by inserting after paragraph (1) the following new paragraph: ``(2) Not later than January 1, 2002, the Secretary shall set forth in regulations the process and performance standards by which an organization shall be certified or recertified as a qualified organ procurement organization consistent with the following: ``(A) Certification or recertification of such an organization shall be made not more frequently than once every 4 years. ``(B) Performance standards applicable for certification or recertification of an organization shall use-- ``(i) outcome and process performance measures that are based on empirical evidence of organ donor potential and other related factors in each service area of qualified organ procurement organizations, and ``(ii) multiple outcome measures, which may or may not be based on empirical evidence. ``(C)(i) In the case of a certified qualified organ procurement organization that the Secretary determines does not meet the performance standards for recertification, the organization may submit to the Secretary a corrective action plan. ``(ii) If the Secretary approves the corrective action plan submitted under clause (i), the Secretary shall provide for an additional 3-year period during which such organization shall implement the corrective action plan. An organization implementing a corrective action plan shall be treated as being certified by the Secretary during such 3-year period. The Secretary shall develop and implement appropriate procedures for an organization to appeal a decision of the Secretary to deny certification or recertification of an organization under this paragraph.''. (b) Transition Rule.--In the case of an organization that on January 1, 2000, has in effect a certification or recertification by the Secretary of Health and Human Services as a qualified organ procurement organization under section 1138(b)(1)(A)(ii) of the Social Security Act (42 U.S.C. 1320b-8(b)(1)(A)(ii)), such certification or recertification shall remain in effect until the earlier of January 1, 2002, or the date on which the Secretary publishes a final rule implementing the provisions of 1138(b)(2), as added by subsection (a) of this Act.

Requires the Secretary of Health and Human Services to set forth in regulations the process and performance standards by which an organization shall be so certified or recertified consistent with the following: (1) certification or recertification shall be made no more frequently than once every four years; (2) performance standards shall use outcome and process measures that are based on empirical evidence of organ donor potential and other related factors in each service area of qualified organ procurement organizations and multiple outcome measures, which may or may not be based on empirical evidence. Authorizes a certified qualified organ procurement organization that does not meet such performance standards to submit a corrective action plan to the Secretary. Provides an additional three-year period for an organization to implement an approved plan and treats such organization as certified during such period. Requires the Secretary to implement procedures for appeals of decisions to deny certification or recertification.

Organ Procurement Organization Certification Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Atlantic Menhaden Conservation Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Atlantic menhaden are a key piece of the Atlantic ecosystem, from Florida to Maine. (2) Serving as a vital link in the food chain, Atlantic menhaden are a primary source of food for striped bass, bluefish, weakfish, Spanish mackerel, seals, and whales, and are favored by seabirds like loons and ospreys. (3) Atlantic menhaden help maintain water quality by feeding on plankton and decaying plants. In aggregate in the Chesapeake Bay, these valuable living resources have the ability to filter a volume of water equal to the entire bay in less than one day. (4) The Chesapeake Bay, the biggest estuary in North America, is a prime Atlantic menhaden nursery ground for the whole east coast, yet populations there are at historic lows. Juvenile fish are especially low, which is a key indicator of a dwindling population. (5) The Chesapeake Bay is also a major spawning ground for striped bass, which are popular with anglers. Many striped bass in the bay are suffering from malnutrition and disease, and the declining Atlantic menhaden population may be a big factor. (6) Industrial harvests of Atlantic menhaden for reduction purposes are the primary source of fishing mortality. (7) In 2006, Addendum III to the Interstate Fishery Management Plan for Atlantic menhaden established a precautionary cap on harvesting of Atlantic menhaden. However, there is no scientific basis to establish whether the level of harvest allowed by such plan is sustainable. (8) More research and studies are needed to determine the health of Atlantic menhaden populations, but the danger signs clearly point to the need for protection measures now for what is often called the most important fish in the sea. SEC. 3. DEFINITIONS. As used in this Act: (1) The term ``Atlantic menhaden'' means members of stocks or populations of the species Brevoortia tyrannus. (2) The term ``coastal State'' means-- (A) Pennsylvania and each State of the United States bordering on the Atlantic Ocean north of the State of South Carolina; (B) the District of Columbia; and (C) the Potomac River Fisheries Commission established by the Potomac River Compact of 1958. (3) The term ``coastal waters'' means-- (A) for each coastal State referred to in paragraph (2)(A)-- (i) all waters, whether salt or fresh, of the coastal State shoreward of the baseline from which the territorial sea of the United States is measured; and (ii) the waters of the coastal State seaward from the baseline referred to in clause (i) to the inner boundary of the exclusive economic zone; (B) for the District of Columbia, those waters within its jurisdiction; and (C) for the Potomac River Fisheries Commission, those waters of the Potomac River within the boundaries established by the Potomac River Compact of 1958. (4) The term ``Commission'' means the Atlantic States Marine Fisheries Commission established under the interstate compact consented to and approved by the Congress in Public Laws 77-539 and 81-721. (5) The term ``exclusive economic zone'' has the meaning given such term in section 3(6) of the Magnuson Act (16 U.S.C. 1802(6)). (6) The term ``fishing'' means-- (A) the commercial catching, taking, or harvesting of Atlantic menhaden for reduction purposes, except when incidental to harvesting that occurs in the course of commercial or recreational fish-catching activities directed at a species other than Atlantic menhaden; (B) the attempted commercial catching, taking, or harvesting of Atlantic menhaden for reduction purposes; and (C) any operation at sea in support of, or in preparation for, any activity described in subparagraph (A) or (B). The term does not include any scientific research authorized by the Federal Government or by any State government. (7) The term ``fishing for Atlantic menhaden for reduction purposes'' means fishing that harvests Atlantic menhaden that are reduced to meal and oil. (8) The term ``Magnuson Act'' means the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). (9) The term ``moratorium area'' means the coastal waters with respect to which a moratorium is in effect under section 5. (10) The term ``moratorium period'' means, with respect to the coastal waters of a coastal State, the period beginning on the date of the enactment of this Act and ending on the day on which the Commission notifies the Secretaries that such State has taken appropriate remedial action with respect to those matters that were the case of the moratorium being declared. (11) The term ``Plan'' means a plan for managing Atlantic menhaden, or an amendment to such plan, that-- (A) is prepared and adopted by the Commission; (B) establishes a scientifically determined limit on total allowable landings of Atlantic menhaden; and (C) takes account of the role of Atlantic menhaden in the ecosystem. (12) The term ``Secretaries'' means the Secretary of Commerce and the Secretary of the Interior or their designees. (13) The term ``Secretary'' means the Secretary of Commerce or a designee of the Secretary of Commerce. SEC. 4. MONITORING OF IMPLEMENTATION AND ENFORCEMENT BY COASTAL STATES. (a) Determination.--During December of each fiscal year, and at any other time it determines it to be necessary, the Commission shall determine-- (1) whether each coastal State has adopted all regulatory measures necessary to fully implement the Plan in its coastal waters; and (2) whether the enforcement of the Plan by each coastal State is satisfactory. (b) Satisfactory State Enforcement.--For purposes of subsection (a)(2), enforcement by a coastal State shall not be considered satisfactory by the Commission if, in its view, the enforcement is being carried out in such a manner that the implementation of the Plan within the coastal waters of the State is being, or will likely be, substantially and adversely affected. (c) Notification of Secretaries.--The Commission shall immediately notify the Secretaries of each affirmative determination made by it under subsection (a). SEC. 5. MORATORIUM. (a) Establishment of Moratorium.--There is hereby established for the coastal waters of each coastal State a moratorium on commercial fishing for Atlantic menhaden for reduction purposes. (b) Termination of Moratorium.--Upon receiving notice from the Commission under section 4(c) of an affirmative determination regarding a coastal State, the Secretaries-- (1) within 30 days after receiving the notification and after carefully considering and reviewing the comments of the Commission and of that coastal State, shall determine jointly whether that coastal State is in compliance with the Plan; and (2) shall terminate the moratorium under subsection (a) with respect to coastal waters of that coastal State, if-- (A) a scientifically determined total allowable catch limit has been established under the Plan for commercial fishing for Atlantic menhaden for reduction purposes; and (B) the Secretaries determine that the State is in compliance with the Plan. (c) Prohibited Acts During Moratorium.--During a moratorium period, it is unlawful for any person-- (1) to engage in fishing within the moratorium area; (2) to land, or attempt to land, Atlantic menhaden that are caught, taken, or harvested in violation of paragraph (1); (3) to land lawfully harvested Atlantic menhaden within the boundaries of a coastal State when a moratorium is in effect under subsection (a) for coastal waters of that State; or (4) to fail to return to the water Atlantic menhaden with respect to which the moratorium applies that are caught incidental to harvesting that occurs in the course of commercial or recreational fish-catching activities, regardless of the physical condition of the menhaden when caught. (d) Civil Penalties.-- (1) Civil penalty.--Any person who commits any act that is unlawful under subsection (bc) shall be liable to the United States for a civil penalty as provided by section 308 of the Magnuson Act (16 U.S.C. 1858). (2) Civil forfeitures.-- (A) In general.--Any vessel (including its gear, equipment, appurtenances, stores, and cargo) used, and any fish (or the fair market value thereof) taken or retained, in any manner, in connection with, or as the result of, the commission of any act that is unlawful under subsection (c) shall be subject to forfeiture to the United States as provided in section 310 of the Magnuson Act (16 U.S.C. 1860). (B) Disposal of fish.--Any fish seized pursuant to this Act may be disposed of pursuant to the order of a court of competent jurisdiction, or, if perishable, in a manner prescribed in regulations. (e) Regulations.--The Secretaries may issue regulations to implement this section. SEC. 6. CONTINUING STUDIES OF MENHADEN POPULATIONS. (a) In General.--For the purposes of carrying out this Act, the Secretaries shall conduct continuing, comprehensive studies of Atlantic menhaden stocks. These studies shall include, but shall not be limited to, the following: (1) Annual stock assessments, using fishery-dependent and fishery-independent data, for the purposes of extending the long-term population record. (2) Investigations of the causes of fluctuations in Atlantic menhaden populations. (3) Investigations of the role of Atlantic menhaden on water quality and other environmental factors, and the contribution of Atlantic menhaden to the recruitment, spawning potential, mortality, and abundance of Atlantic striped bass populations, including the Delaware River population. (4) Investigations of-- (A) the interactions between Atlantic menhaden and other fish, including bluefish, Atlantic striped bass, mackerel, and other forage fish or possible competitors, and stock assessments of these species, to the extent appropriate; and (B) the effects of interspecies predation and competition on the recruitment, spawning potential, mortality, and abundance of Atlantic menhaden. (b) Socio-Economic Study.--The Secretaries, in consultation with the Atlantic States Marine Fisheries Commission, shall conduct a study of the socioeconomic benefits of the Atlantic menhaden resource. The Secretaries shall issue a report to the Congress concerning the findings of this study no later than September 30, 2008. (c) Reports.--The Secretaries shall make biennial reports to the Congress and to the Commission concerning the progress and findings of studies conducted under subsection (a) and shall make those reports public. Such reports shall, to the extent appropriate, contain recommendations of actions which could be taken to encourage the sustainable management of Atlantic menhaden. SEC. 7. AUTHORIZATION OF APPROPRIATIONS; COOPERATIVE AGREEMENTS. (a) Authorization.--For each of fiscal years 2008, 2009, and 2010, there are authorized to be appropriated to carry out this Act-- (1) $800,000 to the Secretary of Commerce; and (2) $250,000 to the Secretary of the Interior. (b) Cooperative Agreements.--The Secretaries may enter into cooperative agreements with the Atlantic States Marine Fisheries Commission or with States, for the purpose of using amounts appropriated pursuant to this section to provide financial assistance for carrying out the purposes of this Act. SEC. 8. PUBLIC PARTICIPATION IN PREPARATION OF MANAGEMENT PLANS AND AMENDMENTS. (a) Standards and Procedures.--In order to ensure the opportunity for public participation in the preparation of management plans and amendments to management plans for Atlantic menhaden, the Commission shall prepare such plans and amendments in accordance with the standards and procedures established under section 805(a)(2) of the Atlantic Coastal Fisheries Cooperative Management Act. (b) Application.--Subsection (a) shall apply to all management plans for Atlantic menhaden, and amendments to such plans, adopted by the Commission. SEC. 9. PROHIBITION ON COMMERCIAL HARVESTING OF ATLANTIC MENHADEN IN EXCLUSIVE ECONOMIC ZONE. (a) Prohibition.--It is unlawful to engage in, or to attempt to engage in, the commercial harvesting of Atlantic menhaden for reduction purposes in the exclusive economic zone established by Proclamation Number 5030, dated March 10, 1983. (b) Penalty.-- (1) In general.--Any person who is found by the Secretary after notice and an opportunity for a hearing in accordance with section 554 of title 5, United States Code, to have committed an act that is unlawful under subsection (a), is liable to the United States for a civil penalty. The amount of the civil penalty may not exceed $1,000 for each violation. Each day of continuing violation constitutes a separate offense. The amount of the civil penalty shall be assessed by the Secretary of Commerce by written notice. In determining the amount of the penalty, the Secretary shall take into account the nature, circumstances, extent, and gravity of the prohibited act committed and, with respect to the violator, the degree of culpability, any history of prior violations, ability to pay, and such other matters as justice may require. (2) Review; failure to pay; compromise; subpoenas.-- Subsections (b) through (e) of section 308 of the Magnuson Act (16 U.S.C. 1858(b)-(e); relating to review of civil penalties; acting upon failure to pay assessment, compromise, and subpoenas) shall apply to penalties assessed under paragraph (1) to the same extent and in the same manner as if those penalties were assessed under subsection (a) of such section 308. (c) Civil Forfeitures.-- (1) In general.--Any vessel (including its gear, equipment, appurtenances, stores, and cargo) used, and any fish (or the fair market value thereof) taken or retained, in any manner, in connection with, or the result of, the commission of any act that is unlawful under subsection (a), is subject to forfeiture to the United States. All or part of the vessel may, and all such fish (or the fair market value thereof) shall, be forfeited to the United States under a civil proceeding described in paragraph (2). The district courts of the United States have jurisdiction over proceedings under this subsection. (2) Judgment; procedure; rebuttable presumptions.-- Subsections (c) through (e) of section 310 of the Magnuson Act (16 U.S.C. 1860(c)-(e); relating to judgment, procedure, and rebuttable presumptions) shall apply with respect to proceedings for forfeiture commenced under this subsection to the same extent and in the same manner as if the proceeding were commenced under subsection (a) of such section 310. (d) Consequential Effects on Existing Law.--The Atlantic States Marine Fisheries Commission shall promptly take action to amend the Plan to take into account the prohibition established under this section on the commercial harvesting of Atlantic menhaden for reduction purposes. SEC. 10. ENFORCEMENT. A person authorized by the Secretary or the Secretary of the department in which the Coast Guard is operating may take any action to enforce a moratorium declared under section 5(a), or to enforce the prohibition in section 9, that an officer authorized under section 311 of the Magnuson Act (16 U.S.C. 1861) may take to enforce that Act. The Secretary may, by agreement, on a reimbursable basis or otherwise, utilize the personnel, services, equipment (including aircraft and vessels), and facilities of any other Federal department or agency and of any agency of a State in carrying out that enforcement.

Atlantic Menhaden Conservation Act - Imposes a fishing moratorium regarding Atlantic menhaden that are reduced to meal and oil for the coastal waters of each coastal state north of South Carolina, including Pennsylvania, the District of Columbia, and the Potomac River Fisheries Commission. Requires studies and reports. Makes it unlawful to engage, or to attempt to engage, in the commercial harvesting, in the Exclusive Economic Zone (EEZ), of Atlantic menhaden that are reduced to meal and oil.

To prohibit commercial fishing of Atlantic menhaden for reduction purposes in inland, State, and Federal waters along the Atlantic coast of the United States, and for other purposes.

TITLE I--NATIONAL BOARD CERTIFICATION ASSISTANCE SEC. 101. NATIONAL BOARD CERTIFICATION ASSISTANCE. Part A of title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6621 et seq.) is amended by adding at the end the following: ``SEC. 2104. NATIONAL BOARD CERTIFICATION ASSISTANCE. ``(a) Short Title.--This section may be cited as the `Teaching Excellence in America's Classrooms and Homerooms Act' (TEACH). ``(b) Findings.--Congress makes the following findings: ``(1) Accomplished teachers are an essential resource for schools and key to the success of any effective education reform initiative. What teachers know and can do are the most important influences on what students learn, according to national studies. ``(2) Three years after the landmark 1983 report, `A Nation at Risk', the Carnegie Task Force on Teaching as a Profession issued a seminal report entitled `A Nation Prepared: Teachers for the 21st Century'. Its leading recommendation called for the establishment of a National Board for Professional Teaching Standards. Founded in 1987, the National Board for Professional Teaching Standards is an independent, nonprofit and nonpartisan organization whose mission is to establish high and rigorous standards for what accomplished teachers should know and be able to do. ``(3) Over 9,500 teachers from all 50 States and the District of Columbia have completed advanced certification by the National Board for Professional Teaching Standards, which certification is the most rigorous assessment process that a teacher can go through and the highest professional credential in the field of teaching. And more than 12,000 teachers have applied for National Board Certification in the 2000-2001 school year. ``(4) Teacher salaries have remained stagnant over the past decade, according to a new study by the National Education Association, and \2/3\ of the States do not meet the national average of $40,582 for teacher salaries. ``(5) The full fee for National Board Certification is $2,300. Thirty-nine States and 181 local school districts have enacted financial incentives for teachers seeking National Board Certification, including fee support to candidates and salary increases for teachers who achieve National Board Certification. ``(6) Recent data from the Accomplished Teaching Validation Study have demonstrated that teachers who are certified by the National Board for Professional Teaching Standards significantly outperform their peers who are not National Board Certified on 11 of 13 key measures of teaching expertise. ``(7) If we are to improve student achievement and success in school, the United States must encourage and support the training and development of our Nation's teachers, who are the single, most important in-school influence on student learning. ``(c) Purpose.--The purpose of this section is to provide a Federal subsidy and support to certain elementary school and secondary school teachers who pursue advanced certification provided by the National Board for Professional Teaching Standards. ``(d) Definitions.--In this section: ``(1) Board.--The term `Board' means the National Board for Professional Teaching Standards. ``(2) Eligible teacher.--The term `eligible teacher' means an individual who is a prekindergarten or early childhood educator, or a kindergarten through grade 12 classroom teacher, instructor, counselor, or principal in an elementary school or secondary school on a full-time basis. ``(e) Program Authorization.-- ``(1) Program authorized.--From sums appropriated pursuant to the authority of subsection (g) for any fiscal year, the Secretary, in accordance with this section, shall provide financial assistance to the National Board for Professional Teaching Standards, in order to pay the Federal share of the costs of the authorized activities described in subsection (f). ``(f) Authorized Activities.-- ``(1) In general.--Federal funds received under this section may be used only for the following activities: ``(A) To help States and local school districts provide fee support to teachers seeking National Board Certification. ``(B) For outreach and educational activities directly related to teachers' awareness and pursuit of National Board Certification. ``(2) Priorities.--The Board shall give priority to providing outreach and educational activities under paragraph (1)(B) among the following: ``(A) School districts in which there are a significant number of low-performing schools. ``(B) School districts with low teacher participation rates in the National Board Certification process. ``(C) School districts serving special populations, including-- ``(i) limited English proficient children; ``(ii) gifted and talented children; ``(iii) children with disabilities; and ``(iv) economically and educationally disadvantaged children. ``(g) Authorization of Appropriations; Allocation.-- ``(1) Authorization of appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $6,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 4 succeeding fiscal years. ``(2) Allocation.--Of the amounts appropriated under paragraph (1) for any fiscal year, the Secretary shall make available-- ``(A) 85 percent of such amounts to carry out subsection (f)(1)(A); and ``(B) 15 percent of such amounts to carry out subsection (f)(1)(B).''. TITLE II--TAX INCENTIVES FOR TEACHER CERTIFICATIONS SEC. 201. EXCLUSION OF CERTAIN AMOUNTS RECEIVED BY CERTIFIED TEACHERS. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically excluded from gross income) is amended by redesignating section 139 as section 140 and inserting after section 138 the following new section: ``SEC. 139. CERTAIN AMOUNTS RECEIVED BY CERTIFIED TEACHERS. ``(a) In General.--In the case of an eligible teacher, gross income shall not include the value of any eligible financial benefit received during the taxable year. ``(b) Eligible Teacher.--For purposes of this section-- ``(1) In general.--The term `eligible teacher' means an individual who is a pre-kindergarten or early childhood educator, or a kindergarten through grade 12 classroom teacher, instructor, counselor, aide, or principal in an elementary or secondary school on a full-time basis for an academic year ending during a taxable year. ``(2) Elementary and secondary schools.--The terms `elementary school' and `secondary school' have the respective meanings given such terms by section 14101 of the Elementary and Secondary Education Act of 1965. ``(c) Eligible Financial Benefit.--For purposes of this section, the term `eligible financial benefit' means any financial benefit, including incentive payment, received solely by reason of the successful completion by the eligible teacher of the requirements for advanced certification provided by the National Board for Professional Teaching Standards. Such completion shall be verified in such manner as the Secretary shall prescribe by regulation. ``(d) Amounts Must Be Reasonable.--Amounts excluded under subsection (a) shall include only amounts which are reasonable.''. (b) Conforming Amendments.-- (1) Section 3401(a)(19) of the Internal Revenue Code of 1986 is amended by striking ``117 or 132'' and inserting ``117, 132, or 139''. (2) The table of sections for part III of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 139 and inserting the following new items: ``Sec. 139. Certain amounts received by certified teachers. ``Sec. 140. Cross references to other Acts.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001. SEC. 202. 2-PERCENT FLOOR ON MISCELLANEOUS ITEMIZED DEDUCTIONS NOT TO APPLY TO QUALIFIED ADVANCED CERTIFICATION EXPENSES OF ELEMENTARY AND SECONDARY SCHOOL TEACHERS. (a) In General.--Section 67(b) of the Internal Revenue Code of 1986 (defining miscellaneous itemized deductions) is amended by striking ``and'' at the end of paragraph (11), by striking the period at the end of paragraph (12) and inserting ``, and'', and by adding at the end the following new paragraph: ``(13) any deduction allowable for the qualified advanced certification expenses paid or incurred by an eligible teacher (as defined in section 139(b)).''. (b) Definitions.--Section 67 of the Internal Revenue Code of 1986 (relating to 2-percent floor on miscellaneous itemized deductions) is amended by adding at the end the following new subsection: ``(g) Qualified Advanced Certification Expenses of Eligible Teachers.--For purposes of subsection (b)(13), the term `qualified advanced certification expenses' means expenses-- ``(1) for fees, supplies, equipment, transportation, and lodging required to secure the advanced certification provided by the National Board for Professional Teaching Standards, and ``(2) with respect to which a deduction is allowable under section 162 (determined without regard to this section).''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001.

Teaching Excellence in America's Classrooms and Homerooms Act (TEACH) - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to provide financial assistance to the National Board for Professional Teaching Standards (NB) for: (1) helping States and local school districts provide fee support to teachers seeking NB certification; and (2) outreach and educational activities directly related to teachers' awareness and pursuit of such certification, with priority for districts in which there are a significant number of low-performing schools, or with low teacher participation rates in the NB certification process, or serving special populations.Amends the Internal Revenue Code to: (1) exclude from gross income any financial benefit, including incentive payment, received solely by reason of the successful completion by an eligible teacher of the requirements for NB advanced certification; and (2) make a two-percent floor on miscellaneous itemized deductions inapplicable to qualified NB advanced certification expenses of elementary and secondary school teachers.

A bill to provide for teaching excellence in America's classrooms and homerooms.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fusion Energy Research Accountability Act of 1994''. SEC. 2. FINDINGS. The Congress finds that-- (1) the Federal fusion research program represents an important national investment; (2) over the last 40 years, United States taxpayers have paid almost $10,000,000,000 for research on fusion energy; (3) fusion energy has the potential to be a safe, secure, and affordable source of energy for thousands of years; (4) the Department of Energy's fusion energy program, which is focused almost exclusively on the deuterium-tritium fuel cycle and the tokamak concept for plasma confinement, has demonstrated the scientific feasibility of fusion; (5) recent studies from Department of Energy laboratories, recent utility panels, and many in the fusion research community have said that the tokamak concept may be too expensive, radioactive, and complex to lead to a commercially viable power reactor; (6) the costs of developing a commercial tokamak fusion reactor are estimated to be $40,000,000,000 by the year 2040; (7) Department of Energy advisory panels have urged the Department to support research in alternative fusion concepts to broaden the base from which an eventual fusion power reactor might emerge; (8) resource constraints, however, have resulted in a severe reduction in research on alternative fusion concepts; (9) construction of large new tokamak devices threatens funding for basic fusion research; and (10) the Department of Energy, therefore, should substantially reorient its magnetic fusion research program by terminating planned construction of new, large tokamak devices, and it should begin a major effort on cleaner, cheaper, alternative concepts that have the potential of becoming commercially viable. SEC. 3. DEFINITIONS. For purposes of this Act-- (1) the term ``commercially viable'' means-- (A) able to attract private sector capital; (B) requiring low operation and maintenance costs, including fuel costs; (C) reliable with continuous operational capability; (D) requiring limited personnel resources; (E) having low plant design complexity; (F) requiring low end-of-life costs; (G) emitting acceptable volumes of waste; (H) relatively easy to site, including low plant space requirements; and (I) safe; (2) the term ``Department'' means the Department of Energy; and (3) the term ``Secretary'' means the Secretary of Energy. SEC. 4. ADVISORY PANEL. (a) Requirement.--The Secretary shall convene a fusion policy advisory panel consisting of representatives from the electric utilities, environmental and citizen groups, energy policy analysts, advocates of alternative fusion technologies, and others as necessary to ensure a broad representation of interests. (b) Purpose.--The panel shall analyze the wisdom of a single, narrow approach to fusion power, and shall develop recommendations for a plan for the future of United States fusion energy research, ensuring that adequate attention is given to alternative fusion concepts. Such recommendations shall be developed in consideration of the findings of this Act with the goal of the development of a commercially viable fusion power system, and shall take into account any international agreements the United States is party to and recommend any appropriate changes thereto. (c) Report to Congress.--Within 180 days after the date of enactment of this Act, the panel shall issue a report to the Congress with its recommendations. SEC. 5. UNITED STATES FUSION ENERGY RESEARCH PROGRAM. (a) Program Plan.--The Secretary shall develop, and within 270 days after the date of enactment of this Act transmit to the Congress, a comprehensive management plan for the United States fusion energy research program which is based on the recommendations of the panel under section 4. The plan shall provide for a fusion research program which is focused on fusion concepts that could lead to the development of a commercially viable fusion power system. The plan shall include specific program objectives, cost estimates, and program management resource requirements. (b) Independent Evaluation.--The Secretary shall establish a mechanism for ongoing independent evaluation of the United States fusion energy research program, in order to ensure that programs not leading to a commercially viable fusion power system are terminated. (c) Reports to Congress.--Within 2 years after the date of enactment of this Act, and every 2 years thereafter, the Secretary shall transmit to the Congress a report describing the progress made in meeting the program objectives and schedules established in the management plan.

Fusion Energy Research Accountability Act of 1994 - Directs the Secretary of Energy to convene a fusion policy advisory panel to report to the Congress on: (1) a single narrow approach to fusion power; and (2) develop recommendations for a plan for the future of domestic fusion energy research, ensuring attention to alternative fusion concepts. Directs the Secretary to: (1) transmit to the Congress a comprehensive management plan for fusion energy research based upon the panel's recommendations; (2) establish a mechanism for ongoing independent evaluation of the fusion energy research program; and (3) transmit a status report biennially to the Congress.

Fusion Energy Research Accountability Act of 1994

SECTION 1. FINDINGS. Congress finds that-- (1) railroad activity has significantly increased in recent years; (2) rail intermodal traffic has increased by 40 percent over the last decade; (3) more than 9,000,000 containers and trailers traveled the Nation's rails in 1999, up 3.1 percent from the previous year; (4) the impact of increased railroad activity is having a negative impact on the quality of life of many communities throughout the United States; (5) increased noise associated with railroad activities is a serious and growing concern of many local communities; (6) current Federal laws fail to provide local communities with the authority to participate in railroad activity in their community; (7) Federal laws also fail to provide incentives to communities and railroads for noise abatement and other activities to address the concerns related to railroad activity; and (8) railroad noise abatement technology is an emerging component of transportation research and should be given greater support by the Federal Government. SEC. 2. STUDY OF ADVERSE EFFECTS OF IDLING TRAIN ENGINES. (a) Study Required.--The Secretary of Transportation shall provide under section 150303 of title 36, United States Code, for the National Academy of Sciences to conduct a study on noise impacts of railroad operations, including idling train engines on the quality of life of nearby communities, the quality of the environment (including consideration of air pollution), and safety, and to submit a report on the study to the Secretary. The report shall include recommendations for mitigation to combat rail noise, standards for determining when noise mitigation is required, needed changes in Federal law to give Federal, State, and local governments flexibility in combating railroad noise, and possible funding mechanisms for financing mitigation projects. (b) Report.--Not later than one year after the date of the enactment of this Act, the Secretary of Transportation shall transmit to Congress the report of the National Academy of Sciences on the results of the study under subsection (a). SEC. 3. CREDIT FOR PURCHASE AND INSTALLATION OF SOUND BARRIERS FOR THE ABATEMENT OF RAILROAD NOISE. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to general business credits) is amended by adding at the end the following: ``SEC. 45D. CREDIT FOR PURCHASE AND INSTALLATION OF SOUND BARRIERS AND THE IMPLEMENTATION OF OTHER ACTIVITIES FOR THE ABATEMENT OF RAILROAD NOISE. ``(a) In General.--For purposes of section 38, in the case of an eligible taxpayer, the amount of the railroad noise abatement credit determined under this section for any taxable year shall be the amount equal to 50 percent of the eligible railroad noise abatement expenditures for the taxable year. ``(b) Eligible Taxpayer.--For purposes of this section, the term `eligible taxpayer' means any rail carrier (including any railroad carrier, as defined in section 20102 of title 49, United States Code) that owns property adjacent to railroad tracks. ``(c) Eligible Railroad Noise Abatement Expenditures.--For purposes of this section-- ``(1) In general.--The term `eligible railroad noise abatement expenditures' means amounts paid or incurred by an eligible taxpayer for the purposes of installing sound barriers on property (owned by the taxpayer) adjacent to railroad tracks (including the costs of purchasing the sound barriers), and implementing other activities, to abate for populations in the vicinity of the operation of trains by that taxpayer the noise of the trains to levels within standards prescribed by the Administrator of the Environmental Protection Agency that are in effect as of the date of enactment of this section, but only if the taxpayer consulted on the sound barriers or other noise abatement activities, in advance, with the officials of the government of each municipality or other political subdivision of a State in which the taxpayer installs the sound barriers or engages in the other sound abatement activities. ``(2) Sound barriers.--The term `sound barriers' means any physical feature that abates the propagation of sound, including-- ``(A) trees, shrubbery, or other botanic life, or ``(B) a manmade structure. ``(3) Expenditures must be reasonable.--Amounts paid or incurred for the purposes described in paragraph (1) shall include only expenditures which are reasonable and shall not include expenditures which are unnecessary to accomplish such purposes. ``(d) Denial of Double Benefit.--In the case of the amount of the credit determined under this section-- ``(1) no deduction or credit shall be allowed for such amount under any other provision of this chapter, and ``(2) no increase in the adjusted basis of any property shall result from such amount.''. (b) Inclusion in General Business Credit.-- (1) In general.--Section 38(b) of the Internal Revenue Code of 1986 (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (11), by striking the period at the end of paragraph (12) and inserting ``, plus'', and by adding at the end the following: ``(13) the railroad noise abatement credit determined under section 45D(a).''. (2) Transition rule.--Section 39(d) of such Code (relating to transitional rules) is amended by adding at the end the following: ``(9) No carryback of section 45d credit before enactment.--No portion of the unused business credit for any taxable year which is attributable to the railroad noise abatement credit determined under section 45D may be carried back to a taxable year ending before the date of the enactment of section 45D.''. (c) Conforming 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. 45D. Credit for purchase and installation of sound barriers for the abatement of railroad noise.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000. SEC. 4. RAILROAD NOISE ABATEMENT ACTIVITIES. The first sentence of section 130(a) of title 23, United States Code, is amended by inserting ``and the entire cost of activities for the abatement of the noise of trains (as defined by the Secretary), including construction of sound barriers on public lands or on private property with the consent of the property owner,''. SEC. 5. RAILROAD NOISE ABATEMENT RESEARCH. Section 20108(a) of title 49, United States Code, is amended by inserting before the period at the end the following: ``and research and development on technologies for the abatement of railroad noise''. SEC. 6. CONSOLIDATIONS, MERGERS, AND ACQUISITION OF CONTROL. Section 11324 of title 49, United States Code, is amended-- (1) in subsection (a), by inserting ``and the chief executive of any city'' after ``chief executive of each State''; and (2) in subsection (b)-- (A) by striking ``and'' at the end of paragraph (4); (B) by striking the period at the end of paragraph (5) and inserting a semicolon; and (C) by adding at the end the following: ``(6) the safety and environmental effects of the proposed transaction, which shall include thorough consideration of a traffic study and environmental impact statement, as well as complete consideration of any appropriate safety studies; ``(7) a federalism impact assessment that addresses the preemptive impact of, and associated costs incurred by State and local governments as a result of, such proposed transaction; and ``(8) all mitigation and impact costs attributed to the transaction, and the extent to which existing local standards will be compromised or lessened if the transaction is approved. SEC. 7. IMPACT OF RAIL CARRIER ACTIONS ON LOCALITIES. (a) Notification of Potential Impacts on Localities.-- (1) Requirement.--Before taking an action described in paragraph (2), a rail carrier shall transmit a notification of the planned action to the following: (A) Affected states.--To the chief executive of each State in which the action is to planned to be taken. (B) Affected communities.--To the chief executive of each municipality or other political subdivision of a State in which, or adjacent to which, the action is to planned to be taken. (2) Actions increasing noise.--The requirement for advance notification in paragraph (1) applies to the following actions: (A) Rail activation or expansion.--A rail activation or expansion. (B) Rail yard activation or expansion.--A rail yard activation or expansion. (C) Increased rail traffic.--An increase of rail traffic. (D) Other increases in noise of rail traffic.--Any action that increases the noise of rail traffic. (E) Land acquisitions.--A land acquisition. (F) Other.--The initiation of any other new or newly modified rail carrier operation to which the Secretary of Transportation applies the notification requirement under this subsection in regulations prescribed by the Secretary. (b) Opportunity for Public Comment.-- (1) Comment period.--The Secretary of Transportation shall promulgate regulations that provide localities with a right to submit to the Secretary public comments on the commencement of an activity for which a notification is required under subsection (a). The period for the submission of comments shall be not less than 30 days prior to the commencement of the activity. (2) Appeals.--The Secretary shall also provide localities with the opportunity to appeal to the Secretary for a final determination of any action that may be taken within the Department of Transportation on the activity. (3) Suspension of action pending comment and appeal.--A rail carrier may not initiate any action to which subsection (a) applies during the period provided under paragraph (1) for public comment on the action nor during a period for which an appeal of the action is pending under paragraph (2).

Amends the Internal Revenue Code to allow an eligible taxpayer (rail carrier that owns property adjacent to railroad tracks) to take a general business tax credit in an amount equal to 50 percent of the eligible railroad noise abatement expenditures for the taxable year. Defines "eligible railroad noise abatement expenditures" as amounts paid by an eligible taxpayer for installation of sound barriers on property adjacent to railroad tracks, including the implementation of other activities to abate the noise of trains to within levels prescribed by the Environmental Protection Agency. Amends Federal highway law to authorize payment from a State's Federal-aid highway fund apportionment for the entire cost of activities for the abatement of the noise of trains, including construction of sound barriers on public lands or on private property with the consent of the property owner. Amends Federal transportation law to revise certain factors the Surface Transportation Board must consider in a proceeding to approve the consolidation, merger, or acquisition of control of at least two Class I railroads. Includes among such factors: (1) the safety and environmental effects of the proposed transaction; (2) a federalism impact assessment that addresses the preemptive impact of, and associated costs incurred by State and local governments as a result of, such proposed transaction; and (3) all mitigation and impact costs attributed to the transaction. Requires an rail carrier to notify the Governor of the State and its affected communities before it takes any rail-related actions that may increase noise levels there.

A bill to provide for the abatement of noise and other adverse effects of idling train engines, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Congaree National Park Act of 2003''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) Congaree Swamp National Monument, consisting of 22,200 acres, was established in 1976 to preserve the finest remaining example of an old-growth southern hardwood forest in North America; (2) Congaree Swamp contains a variety of rare ecological, geological, archaeological, scenic, historical, and wildlife components, including-- (A) the largest remaining tract of old-growth bottomland hardwood forest in the United States, the remnant of an ecosystem that once covered more than 24,000,000 acres of river bottom from Maryland to Texas; (B) extensive stands of old-growth bottomland hardwoods and rare examples of the globally endangered longleaf pine forest; (C) important habitat for more than 700 species of plants, 173 species of birds, 51 kinds of reptiles and amphibians, and 53 species of fish (including rare, threatened, and endangered species), and 10 species of rare plants; and (D) a natural setting of national and international significance; (3) the Monument-- (A) provides opportunities for educational and recreational activities and research; and (B) is used for hiking, camping, fishing, and unconfined wilderness experiences (including opportunities for solitude); (4) certain private land adjacent to the Monument-- (A) has been determined by the State of South Carolina to contain outstanding recreational areas and wildlife habitat; (B) provides essential habitat for declining species of fish, wildlife, and plants, including colonial waterbirds and neotropical migratory songbirds; and (C) contains a variety of archaeological and historical resources dating from 10,000 years ago to the 19th century; (5) the Monument and adjacent private land contain cultural resources important for interpreting life during the Colonial and Antebellum periods, including Buycke's levee, which-- (A) served as a cattle mound and a refuge for livestock; and (B) has a doughnut-shaped construction, making it the only example of that type of construction known to exist; and (6) land in and adjacent to the Monument is recognized-- (A) as playing an important role in the history of the United States from the explorations of Hernando de Soto to the fall of Columbia, South Carolina in the Civil War; (B) for offering natural, ecological, wildlife, cultural, scenic, historic, wilderness, and recreational resources; and (C) as being a fragile and irreplaceable ecological system that could be destroyed if not carefully protected. (b) Purposes.--The purposes of this Act are-- (1) to expand the boundary of the Monument by approximately 4,576 acres and redesignate the Monument as a national park to-- (A) protect and interpret an intact bottomland hardwood ecosystem; (B) promote the recovery of longleaf pine in upland habitats; (C) restore ecological functions; and (D) protect native populations of fish, wildlife, and plants; (2) to protect and interpret the site of McCord's Ferry and other cultural features that illustrate the evolving agricultural and commercial practices in the South during the Colonial and Antebellum periods; and (3) to provide opportunities for scientific research and to enhance visitor opportunities at the Monument. SEC. 3. DEFINITIONS. In this Act: (1) Map.--The term ``map'' means the map entitled ``Congaree National Park Boundary Map'', numbered 178/80015, and dated April 2003. (2) Park.--The term ``Park'' means the Congaree National Park established by section 4(a). (3) Plan.--The term ``plan'' means the general management plan developed under section 5(b). (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) State.--The term ``State'' means the State of South Carolina. SEC. 4. ESTABLISHMENT OF CONGAREE NATIONAL PARK. (a) Establishment.--There is established in the State the Congaree National Park. (b) Composition.--The Park shall be composed of-- (1) the Congaree Swamp National Monument; and (2) approximately 4,576 acres of land adjacent to the Congaree Swamp National Monument, as depicted on the map. (c) Boundary Survey.--As soon as practicable after the date of enactment of this Act and subject to the availability of funds, the Secretary shall complete an official survey of the Park. (d) Map and Legal Description.-- (1) Availability of map.--The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. (2) Submission to congress.--As soon as practicable after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives the map and a legal description of the Park. (3) Effect.--The map and legal description shall have the same force and effect as if included in this Act, except that the Secretary may correct any errors in the map or legal description. (e) Acquisition of Land.--The Secretary may acquire by donation, purchase from a willing seller with donated or appropriated funds, transfer, or exchange, land or an interest in land for inclusion in the Park. (f) Boundary Revision.-- (1) In general.--Subject to paragraph (2), the Secretary may make minor revisions to the boundary of the Park by publishing in the Federal Register a revised map or boundary description. (2) Limitation.--The total area of the Park shall not exceed 30,000 acres. SEC. 5. ADMINISTRATION. (a) In General.--The Secretary shall administer the Park in accordance with this Act and the laws generally applicable to units of the National Park System, including-- (1) the Act of August 25, 1916 (16 U.S.C. 1 et seq.); and (2) the Act of August 21, 1935 (16 U.S.C. 461 et seq.). (b) General Management Plan.-- (1) In general.--Not later than the end of the third fiscal year after the date on which funds are made available to carry out this Act, the Secretary shall prepare a general management plan for the Park. (2) Inclusions.--The plan shall include a recommendation on whether the boundary of the Congaree National Park Wilderness should be expanded. (3) Applicable law.--The Secretary shall prepare the plan in accordance with-- (A) section 12(b) of the Act of August 18, 1970 (16 U.S.C. 1a-7(b)); and (B) any other applicable law. (4) Submission to congress.--On completion of the plan, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives the plan. (c) Fishing.-- (1) In general.--The Secretary shall permit sport fishing on land and water within the Park in accordance with applicable Federal and State laws. (2) Limitations.-- (A) Regulations.--The Secretary may designate by regulation areas in which, and periods during which, no fishing shall be permitted for reasons of public safety, administration, fish or wildlife management, or public use and enjoyment of the Park. (B) Consultation.--Except in an emergency, the Secretary shall consult with the appropriate State agency before promulgating regulations under subparagraph (A). SEC. 6. DESIGNATION OF CONGAREE NATIONAL PARK WILDERNESS. (a) In General.--The Congaree Swamp National Monument Wilderness in the State shall be designated as the ``Congaree National Park Wilderness''. (b) References.--Any reference to the Congaree Swamp National Monument Wilderness in a law (including regulations), map, document, paper, or other record of the United States shall be considered to be a reference to the Congaree National Park Wilderness. SEC. 7. EFFECT. Nothing in this Act-- (1) affects the use of private land adjacent to the Park; or (2) preempts the authority of the State with respect to the regulation of hunting, fishing, boating, and wildlife management on private land or water outside the boundaries of the Park. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.

Congaree National Park Act of 2003 - Establishes Congaree National Park, which shall be composed of the Congaree Swamp National Monument and approximately 4,576 acres of adjacent land in South Carolina. Authorizes the Secretary to acquire land for inclusion in the Park by donation, purchase from a willing seller, transfer, or exchange. Limits the Park's total area to 30,000 acres. Requires the Secretary to: (1) submit a general management plan for the Park to specified congressional committees; and (2) permit sport fishing within the Park. Designates the Congaree Swamp National Monument Wilderness as the Congaree National Park Wilderness.

A bill to establish the Congaree Swamp National Park in the State of South Carolina, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Solicitation Disclosure Act''. SEC. 2. FINDINGS. Congress finds that-- (1) American consumers collectively spend millions of hours opening and reading mail they are induced into falsely believing is from a government entity or an institution with which they are currently doing business; (2) misleading commercial solicitations commonly employ the use of emblems, seals, or designs similar to those used by the Federal government or by State or local governments; and (3) annually, millions of Americans receive commercial solicitations in the mail luring them into purchasing a good or service by deliberately misleading them into believing they have won a contest. SEC. 3. LABELING REQUIREMENT FOR UNSOLICITED COMMERCIAL MAIL. (a) Labeling Requirement.--Beginning 6 months after the date of enactment of this Act, any unsolicited commercial offer that is sent to an individual through the mails shall contain, on the outside of such solicitation, a notice to the recipient. Such notice shall be in a large, clear, and bold typeface, in a contrasting color, and in a clear and conspicuous location on the outside envelope containing such solicitation, or in the case of a solicitation that is mailed without an envelope, in a clear and conspicuous location at the top of such solicitation. Such notice shall read ``This Is an Unsolicited Commercial Offer From'' followed by the name of the person or company making such offer. (b) Definition.--As used in this Act, the term ``unsolicited commercial offer'' means any solicitation or offer that-- (1) is sent to an individual without that individual having requested such solicitation or offer; and (2) is for any financial product or service, including loans or other offers of credit, offers of insurance coverage, debt refinancing services, debt cancellation services, mortgages, and investment products. Such term does not include an advertisement for the purchase of consumer goods at retail. (c) Enforcement.-- (1) Enforcing agencies.--Compliance with the requirements imposed under this section shall be enforced under-- (A) section 8 of the Federal Deposit Insurance Act (12 U.S.C. 1818), in the case of-- (i) national banks, and Federal branches and Federal agencies of foreign banks, by the Office of the Comptroller of the Currency; (ii) member banks of the Federal Reserve System (other than national banks), branches and agencies of foreign banks (other than Federal branches, Federal agencies, and insured State branches of foreign banks), commercial lending companies owned or controlled by foreign banks, and organizations operating under section 25 or 25(a) of the Federal Reserve Act (12 U.S.C. 601 et seq., 611 et seq.), by the Board; and (iii) banks insured by the Federal Deposit Insurance Corporation (other than members of the Federal Reserve System) and insured State branches of foreign banks, by the Board of Directors of the Federal Deposit Insurance Corporation; (B) section 8 of the Federal Deposit Insurance Act (12 U.S.C. 1818), by the Director of the Office of Thrift Supervision, in the case of a savings association the deposits of which are insured by the Federal Deposit Insurance Corporation; (C) the Federal Credit Union Act (12 U.S.C. 1751 et seq.), by the Administrator of the National Credit Union Administration with respect to any Federal credit union; and (D) the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.), by the Securities and Exchange Commission, with respect to any broker or dealer subject to that Act. The terms used in subparagraph (A) that are not defined in this Act or otherwise defined in section 3(s) of the Federal Deposit Insurance Act (12 U.S.C. 1813(s)) shall have the meaning given to them in section 1(b) of the International Banking Act of 1978 (12 U.S.C. 3101). (2) Violations of section deemed violations of pre-existing statutory requirements; additional powers.--For the purpose of the exercise by any agency referred to in paragraph (1) of its powers under any Act referred to in that paragraph, a violation of any requirement imposed under this section shall be deemed to be a violation of a requirement imposed under that Act. In addition to its powers under any provision of law specifically referred to in paragraph (1), each of the agencies referred to in that paragraph may exercise, for the purpose of enforcing compliance with any requirement imposed under this section, any other authority conferred on it by law. (3) Overall enforcement authority of federal trade commission.--Except to the extent that enforcement of the requirements imposed under this section is specifically committed to some other Government agency under paragraph (1), the Federal Trade Commission shall enforce such requirements. For the purpose of the exercise by the Federal Trade Commission of its functions and powers under the Federal Trade Commission Act (15 U.S.C. 41 et seq.), a violation of any requirement imposed under this section shall be deemed a violation of a requirement imposed under that Act. All of the functions and powers of the Federal Trade Commission under the Federal Trade Commission Act are available to the Commission to enforce compliance by any person subject to the jurisdiction of the Commission with the requirements imposed under this section, irrespective of whether that person is engaged in commerce or meets any other jurisdictional tests in the Federal Trade Commission Act. (4) Additional enforcement with respect to insurance companies.--The attorney general of a State, the State insurance commission, or any other State agency authorized by State law may-- (A) bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction to enforce the provisions of this Act with respect to insurance companies; and (B) utilize administrative procedures authorized by the State to enforce the provisions of this Act with respect to insurance companies.

Solicitation Disclosure Act - Requires that any mailed unsolicited commercial offer for any financial product or service (including loans or other credit, insurance, debt refinancing or cancellation, mortgages, and investments) include, on the outside envelope (or if mailed without an envelope, at the top of the solicitation), the label "This Is an Unsolicited Commercial Offer From" followed by the name of the person or company making the offer. Excludes advertisements for retail consumer goods from the definition of "unsolicited commercial offer." Provides for enforcement by the Federal Trade Commission (FTC) under the Federal Trade Commission Act and by other agencies under specified Acts.

To require certain labeling of unsolicited commercial mail.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Airport and Airway Trust Fund Taxes Short Term Reinstatement Act''. SEC. 2. TEMPORARY REINSTATEMENT OF AIRPORT AND AIRWAY TRUST FUND TAXES. (a) Fuel Tax.-- (1) Subparagraph (A) of section 4091(b)(3) of the Internal Revenue Code of 1986 is amended to read as follows: ``(A) The rate of tax specified in paragraph (1) shall be 4.3 cents per gallon-- ``(i) after December 31, 1996, and before the date which is 7 calendar days after the date of the enactment of the Airport and Airway Trust Fund Taxes Short Term Reinstatement Act; and ``(ii) after September 29, 1997.'' (2) Paragraph (2) of section 4081(d) of such Code is amended to read as follows: ``(2) Aviation gasoline.--The rate of tax specified in clause (i) of subsection (a)(2)(A) shall be 4.3 cents per gallon-- ``(A) after December 31, 1996, and before the date which is 7 calendar days after the date of the enactment of the Airport and Airway Trust Fund Taxes Short Term Reinstatement Act; and ``(B) after September 29, 1997.''. (3) The second paragraph (3) of section 4081(d) of such Code is repealed. (4) Section 4041(c)(5) of such Code is amended to read as follows: ``(5) Termination.--The taxes imposed by paragraphs (1) and (2) shall apply during the following periods: ``(A) The period beginning on August 27, 1996, and ending on December 31, 1996. ``(B) The period beginning on the date which is 7 calendar days after the date of the enactment of the Airport and Airway Trust Fund Taxes Short Term Reinstatement Act and ending on September 29, 1997.''. (b) Ticket Taxes.--Sections 4261(g) and 4271(d) are each amended by striking ``1997.'' and inserting ``1997, and to transportation beginning on or after the date which is 7 days after the date of enactment of the Airport and Airway Trust Fund Taxes Short Term Reinstatement Act, and before September 30, 1997.''; (c) Transfer to Airport and Airway Trust Fund.-- (1) Subsection (b) of section 9502 is amended by striking ``January 1, 1997,'' each place it appears and inserting ``September 30, 1997,''. (2) Paragraph (3) of section 9502(f) is amended to read as follows: ``(3) Termination.--Notwithstanding the preceding provisions of this subsection, the Airport and Airway Trust Fund financing rate shall be zero with respect to-- ``(A) taxes imposed after December 31, 1996, and before the date which is 7 calendar days after the date of the enactment of the Airport and Airway Trust Fund Taxes Short Term Reinstatement Act; and ``(B) taxes imposed after September 29, 1997.'' (d) Floor Stocks Taxes on Aviation Fuel.-- (1) Imposition of tax.--In the case of aviation fuel on which tax was imposed under section 4091 of the Internal Revenue Code of 1986 before the tax-increase date described in paragraph (3)(A)(i) and which is held on that date by any person, there is hereby imposed a floor stocks tax of 17.5 cents per gallon. (2) Liability for tax and method of payment.-- (A) Liability for tax.--A person holding aviation fuel on a tax-increase date to which the tax imposed by paragraph (1) applies shall be liable for that tax. (B) Method of payment.--The tax imposed by paragraph (1) shall be paid in the manner the Secretary prescribes. (C) Time for payment.--The tax imposed by paragraph (1) with respect to any tax-increase date shall be paid on or before the first day of the 7th month beginning after that tax-increase date. (3) Definitions.--For purposes of this subsection-- (A) The Code.--The term ``the Code'' means the Internal Revenue Code of 1986. (B) Tax increase date.--The term ``tax-increase date'' means the date which is 7 calendar days after the date of enactment of this Act. (C) Aviation fuel.--The term ``aviation fuel'' has the meaning given that term by section 4093 of the Code. (D) Held by a person.--Aviation fuel shall be considered as ``held by a person'' if title thereto has passed to that person (whether or not delivery to the person has been made). (E) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or his delegate. (4) Exception for certain uses.--The tax imposed by paragraph (1) shall not apply to aviation fuel held by any person on the tax-increase date exclusively for any use for which a credit or refund of the entire tax imposed by section 4091 of the Code is allowable for aviation fuel purchased on or after the tax-increase date for that use. (5) Exception for certain amounts of fuel.-- (A) In general.--No tax shall be imposed by paragraph (1) on aviation fuel held on the tax-increase date by any person if the aggregate amount of aviation fuel held by that person on that date does not exceed 2,000 gallons. The preceding sentence shall apply only if that person submits to the Secretary (at the time and in the manner required by the Secretary) such information as the Secretary shall require for purposes of this paragraph. (B) Exempt fuel.--For purposes of subparagraph (A), there shall not be taken into account fuel held by any person which is exempt from the tax imposed by paragraph (1) by reason of paragraph (4). (C) Controlled groups.--For purposes of this paragraph-- (i) Corporations.-- (I) In general.--All persons treated as a controlled group shall be treated as 1 group. (II) Controlled group.--The term ``controlled group'' has the meaning given to that term by subsection (a) of section 1563 of the Code; except that for these purposes the phrase ``more than 50 percent'' shall be substituted for the phrase ``at least 80 percent'' each place it appears in that subsection. (ii) Nonincorporated persons under common control.--Under regulations prescribed by the Secretary, principles similar to the principles of clause (i) shall apply to a group of persons under common control where 1 or more of those persons is not a corporation. (6) Other law applicable.--All provisions of law, including penalties, applicable with respect to the taxes imposed by section 4091 of the Code shall, insofar as applicable and not inconsistent with the provisions of this subsection, apply with respect to the floor stock taxes imposed by paragraph (1) to the same extent as if those taxes were imposed by section 4091 of the Code. (d) Effective Date.-- (1) In general.--The amendments made by this section take effect 7 days after the date of enactment of this Act. (2) Transportation using tickets purchased during lapse period.--The taxes imposed by sections 4261 and 4271 of the Internal Revenue Code of 1986 do not apply to amounts paid for taxable transportation (as defined in section 4262 and 4272 of the Code, respectively) after December 31, 1996, and before the effective date of the amendments made by this section. SEC. 3. TAXES COLLECTED DURING TAXABLE PERIOD TO BE TRANSFERRED REGARDLESS OF WHEN PAID. (a) In General.--Section 9502(b) of the Code is amended by adding at the end thereof the following: ``Any amount received in the Treasury after the later of the 2 dates set forth in paragraphs (1), (2), and (4), and on or after the date set forth in paragraph (3), shall be treated as received on the day before such date (regardless of when received) if the amount relates to a tax that described in this subsection that was in effect on the day before such date.''. (b) Effective Date.--The amendment made by subsection (a) applies with respect to amounts received after December 31, 1995.

Airport and Airway Trust Fund Taxes Short Term Reinstatement Act - Amends the Internal Revenue Code to restore the Airport and Airway Trust Fund excise taxes.

Airport and Airway Trust Fund Taxes Short Term Reinstatement Act

TITLE I--SHORT TITLE This Act may be cited as the ``Juvenile Misuse of Firearms Prevention Act''. TITLE II--RESTRICTING JUVENILE ACCESS TO CERTAIN FIREARMS SECTION 1. PENALTIES FOR UNLAWFUL ACTS BY JUVENILES. (a) Juvenile Weapons Penalties.--Section 924(a) of title 18, United States Code, is amended-- (1) in paragraph (4) by striking ``Whoever'' at the beginning of the first sentence, and inserting in lieu thereof, ``Except as provided in paragraph (6) of this subsection, whoever''; and (2) in paragraph (6), by amending it to read as follows:-- ``(6)(A) A juvenile who violates section 922(x) shall be fined under this title, imprisoned not more than 1 year, or both, except-- ``(i) a juvenile shall be sentenced to probation on appropriate conditions and shall not be incarcerated unless the juvenile fails to comply with a condition of probation, if-- ``(I) the offense of which the juvenile is charged is possession of a handgun, ammunition, or a semiautomatic assault weapon in violation of section 922(x)(2); and ``(II) the juvenile has not been convicted in any court of an offense (including an offense under section 922(x) or a similar State law, but not including any other offense consisting of conduct that if engaged in by an adult would not constitute an offense) or adjudicated as a juvenile delinquent for conduct that if engaged in by an adult would constitute an offense; or ``(ii) a juvenile shall be fined under this title, imprisoned not more than 20 years, or both, if-- ``(I) the offense of which the juvenile is charged is possession of a handgun, ammunition, or a semiautomatic assault weapon in violation of section 922(x)(2); and ``(II) during the same course of conduct in violating 922(x)(2), the juvenile violated section 922(q), with the intent to carry or otherwise possess or discharge or otherwise use the handgun, ammunition, or semiautomatic assault weapon in the commission of a violent felony. (B) A person other than a juvenile who knowingly violates section 922(x)-- ``(i) shall be fined under this title, imprisoned not more than 1 year, or both; and ``(ii) if the person sold, delivered, or otherwise transferred a handgun, ammunition or semiautomatic assault weapon to a juvenile knowing or having reasonable cause to know that the juvenile intended to carry or otherwise possess or discharge or otherwise use the handgun, ammunition, or semiautomatic assault weapon in the commission of a violent felony, shall be fined under this title, imprisoned not more than 20 years, or both. ``(C) For purposes of this paragraph a `violent felony' means conduct as described in section 924(e)(2)(B) of this title. ``(D) Except as otherwise provided in this chapter, in any case in which a juvenile is prosecuted in a district court of the United States, and the juvenile is subject to the penalties under clause (ii) of paragraph (A), the juvenile shall be subject to the same laws, rules, and proceedings regarding sentencing (including the availability of probation, restitution, fines, forfeiture, imprisonment, and supervised release) that would be applicable in the case of an adult. No juvenile sentenced to a term of imprisonment shall be released from custody simply because the juvenile reaches the age of 18 years.''. (b) Unlawful Weapons Transfers to Juveniles.--Section 922(x) of title 18, United States Code, is amended to read as follows: ``(x)(1) It shall be unlawful for a person to sell, deliver, or otherwise transfer to a person who the transferror knows or has reasonable cause to believe is a juvenile-- ``(A) a handgun; ``(B) ammunition that is suitable for use only in a handgun; ``(C) a semiautomatic assault weapon; or ``(2) It shall be unlawful for any person who is a juvenile to knowingly possess-- ``(A) a handgun; ``(B) ammunition that is suitable for use only in a handgun; ``(C) a semiautomatic assault weapon; or ``(3) This subsection does not apply to-- ``(A) a temporary transfer of a handgun, ammunition, or a semiautomatic assault weapon to a juvenile or to the possession or use of a handgun, ammunition, or a semiautomatic assault weapon by a juvenile-- ``(i) if the handgun, ammunition, or semiautomatic assault weapon are possessed and used by the juvenile-- ``(I) in the course of employment, ``(II) in the course of ranching or farming related to activities at the residence of the juvenile (or on property used for ranching or farming at which the juvenile, with the permission of the property owner or lessee, is performing activities related to the operation of the farm or ranch), ``(III) for target practice, ``(IV) for hunting, or ``(V) for a course of instruction in the safe and lawful use of a firearm. ``(ii) Clause (i) shall apply only if the juvenile's possession and use of a handgun, ammunition, or a semiautomatic assault weapon under this subparagraph are in accordance with State and local law, and the following conditions are met-- ``(I) except when a parent or guardian of the juvenile is in the immediate and supervisory presence of the juvenile, the juvenile shall have in the juvenile's possession at all times when a handgun, ammunition, or a semiautomatic assault weapons is in the possession of the juvenile, the prior written consent of the juvenile's parent or guardian who is not prohibited by Federal, State, or local law from possessing a firearm or ammunition; and ``(II) during transportation by the juvenile directly from the place of transfer to a place at which an activity described in clause (i) is to take place the firearm shall be unloaded and in a locked container or case, and during the transportation by the juvenile of that firearm, directly from the place at which such an activity took place to the transferor, the firearm shall also be unloaded and in a locked container or case; or ``(III) with respect to ranching or farming activities as described in clause (i), a juvenile may possess and use a handgun, ammunition, or a semiautomatic assault weapon with the prior written approval of the juvenile's parent or legal guardian, if such approval is on file with the adult who is not prohibited by Federal, State or local law from possessing a firearm and that person is directing the ranching or farming activities of the juvenile. ``(B) a juvenile who is a member of the Armed Forces of the United States or the National Guard who possesses or is armed with a handgun or a semiautomatic assault weapon in the line of duty; ``(C) a transfer by inheritance of title (but not possession) of a handgun, ammunition, or a semiautomatic assault weapon to a juvenile; or ``(D) the possession of a handgun, ammunition, or a semiautomatic assault weapon taken in defense of the juvenile or other persons in the residence of the juvenile or a residence in which the juvenile is an invited guest. ``(4) A handgun, ammunition, or a semiautomatic assault weapon, the possession of which is transferred to a juvenile in circumstances in which the transferor is not in violation of this subsection shall not be subject to permanent confiscation by the Government if its possession by the juvenile subsequently becomes unlawful because of the conduct of the juvenile, but shall be returned to the lawful owner when such handgun, ammunition, or a semiautomatic assault weapon no longer required by the Government for the purposes of investigation or prosecution. ``(5) For purposes of this subsection, the term `juvenile' means a person who is less than 18 years of age. ``(6)(A) in a prosecution of a violation of this subsection, the court shall require the presence of a juvenile defendant's parent or legal guardian at all proceedings. ``(B) The court may use the contempt power to enforce subparagraph (A). ``(C) The court may excuse attendance of a parent or legal guardian of a juvenile defendant at a proceeding in a prosecution of a violation of this subsection for good cause shown.''. SEC. 2. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect 180 days after the date of enactment of this Act. TITLE III--ENHANCED PENALTIES FOR FEDERAL CRIMES INVOLVING FIREARMS (a) Penalties.-- (1) Section 924(c)(1)(A) of title 18, United States Code, is amended-- (A) in subsection (ii) by striking ``7 years'' and inserting ``10 years''; (B) in subsection (iii) by striking ``10 years'' and inserting ``12 years''; (C) by inserting after subsection (iii) the following: ``(iv) if the firearm is used to wound, injure or maim another person be sentenced to a term of imprisonment of not less than 15 years.''. (2) Section 924(h) of title 18, United States Code, is amended-- (A) by striking ``imprisoned'' and inserting ``sentenced to a term of imprisonment of not less than 5 years, but'' after ``shall be''. TITLE IV--PROVIDING INCENTIVES TO STATES THAT PROSECUTE JUVENILES AS ADULTS FOR CERTAIN OFFENSES INVOLVING FIREARMS (a) Requirements.--No State shall be eligible to receive funding from the Office of Juvenile Justice Delinquency Prevention funds unless it demonstrates that the State has in effect or has implemented (or will have in effect or will have implemented not later than 1 year after the date on which the State submits the application) laws, policies, or programs that provide for: ``PROSECUTION OF JUVENILES AS ADULTS FOR CERTAIN OFFENSES INVOLVING FIREARMS.'' The State shall prosecute juveniles who are not less than 14 years of age as adults in criminal court, rather than in juvenile delinquency proceedings, if the juvenile used, carried or possessed a firearm during the commission of conduct constituting-- (1) murder; (2) robbery while armed with a dangerous or deadly weapon; (3) battery or assault while armed with a dangerous or deadly weapon; (4) forcible rape; or (5) any serious drug offense that, if committed by an adult subject to Federal jurisdiction, would be punishable under section 401(b)(1)(A) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)(1)(A)).

TABLE OF CONTENTS: Title I: Short Title Title II: Restricting Juvenile Access to Certain Firearms Title III: Enhanced Penalties for Federal Crimes Involving Firearms Title IV: Providing Incentives to States that Prosecute Juveniles as Adults for Certain Offenses Involving Firearms Title I: Short Title - Juvenile Misuse of Firearms Prevention Act. Title II: Restricting Juvenile Access to Certain Firearms - Revises the Brady Handgun Violence Prevention Act (the Act) to expand the scope of provisions regarding juvenile use and possession of handguns and ammunition that is suitable for use only in a handgun to include semiautomatic assault weapons. Provides enhanced penalties for juveniles who violate the prohibition against the sale, delivery, or other transfer to a person, who the transferor knows or has reasonable cause to believe is a juvenile, of a handgun, ammunition that is suitable for use only in a handgun, or a semiautomatic assault weapon, and for adults who knowingly violate such prohibition, particularly in relation to use of the handgun by the juvenile in the commission of a violent felony. Subjects the juvenile to the same laws, rules, and proceedings regarding sentencing that would be applicable in the case of an adult, with exceptions. Prohibits a juvenile sentenced to a term of imprisonment from being released from custody simply because the juvenile reaches age 18. Makes an exemption regarding the temporary transfer of a handgun, ammunition, or semiautomatic assault weapon to, or possession or use by, a juvenile applicable only if such possession and use are in accordance with State and local law and if specified conditions are met. Specifies that a handgun, ammunition, or semiautomatic assault weapon, the possession of which is transferred to a juvenile in circumstances in which the transferor is not in violation of this title, shall not be subject to permanent confiscation by the Government if its possession by the juvenile subsequently becomes unlawful because of the juvenile's conduct. Directs the court, with respect to a violation of this title, to require the presence of a juvenile defendant's parent or legal guardian at all proceedings. Authorizes the court to: (1) use the contempt power to enforce this provision; and (2) excuse attendance of a parent or legal guardian of a juvenile defendant at a proceeding in a prosecution of a violation of this title for good cause shown. Title III: Enhanced Penalties for Federal Crimes Involving Firearms - Amends the Act to: (1) increase penalties for brandishing or discharging a firearm during and in relation to a crime of violence or drug trafficking crime; (2) set penalties for injuring or maiming another person through such firearm use; and (3) provide for a five-year mandatory minimum sentence for transferring a firearm, knowing that it will be used to commit a crime of violence or drug trafficking crime. Title IV: Providing Incentives to States that Prosecute Juveniles As Adults For Certain Offenses Involving Firearms - Denies eligibility to receive Office of Juvenile Justice and Delinquency Prevention funds to any State that fails to demonstrate that it has in effect or has implemented (or will have in effect or will have implemented within one year from the date of application) laws, policies, or programs that provide for prosecution of juveniles as adults for specified serious offenses involving firearms.

Juvenile Misuse of Firearms Prevention Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Postal Civil Service Retirement System Funding Reform Act of 2003''. SEC. 2. CIVIL SERVICE RETIREMENT SYSTEM. (a) Definitions.--Section 8331 of title 5, United States Code, is amended-- (1) in paragraph (17)-- (A) by striking ```normal cost''' and inserting ```normal-cost percentage'''; and (B) by inserting ``and standards (using dynamic assumptions)'' after ``practice''; (2) by amending paragraph (18) to read as follows: ``(18) `Fund balance' means the current net assets of the Fund available for payment of benefits, as determined by the Office in accordance with appropriate accounting standards, but does not include any amount attributable to-- ``(A) the Federal Employees' Retirement System; or ``(B) contributions made under the Federal Employees' Retirement Contribution Temporary Adjustment Act of 1983 by or on behalf of any individual who became subject to the Federal Employees' Retirement System;''; and (3) 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: ``(29) `dynamic assumptions' means economic assumptions that are used in determining actuarial costs and liabilities of a retirement system and in anticipating the effects of long- term future-- ``(A) investment yields; ``(B) increases in rates of basic pay; and ``(C) rates of price inflation.''. (b) Deductions and Contributions.-- (1) In general.--Section 8334(a)(1) of title 5, United States Code, is amended-- (A) by striking ``(a)(1)'' and inserting ``(a)(1)(A)''; (B) by designating the matter following the first sentence as subparagraph (B)(i) and aligning the text accordingly; (C) in subparagraph (B)(i) (as so designated by subparagraph (B)), by striking ``An equal'' and inserting ``Except as provided in clause (ii), an equal''; and (D) by adding at the end the following: ``(ii) In the case of an employee of the United States Postal Service, the amount to be contributed under this subparagraph shall (instead of the amount described in clause (i)) be equal to the product derived by multiplying the employee's basic pay by the percentage equal to-- ``(I) the normal-cost percentage for the applicable employee category listed in subparagraph (A), minus ``(II) the percentage deduction rate that applies with respect to such employee under subparagraph (A).''. (2) Conforming amendments.--Section 8334(k) of title 5, United States Code, is amended-- (A) in paragraph (1)(A), by striking ``the first sentence of subsection (a)(1) of this section'' and inserting ``subsection (a)(1)(A)''; (B) in paragraph (1)(B)-- (i) by striking ``the second sentence of subsection (a)(1) of this section'' and inserting ``subparagraph (B) of subsection (a)(1)''; and (ii) by striking ``such sentence'' and inserting ``such subparagraph''; and (C) in paragraph (2)(C)(iii), by striking ``the first sentence of subsection (a)(1)'' and inserting ``subsection (a)(1)(A)''. (c) Postal Supplemental Liability.--Subsection (h) of section 8348 of title 5, United States Code, is amended to read as follows: ``(h)(1)(A) For purposes of this subsection, `Postal supplemental liability' means the estimated excess, as determined by the Office, of-- ``(i) the actuarial present value of all future benefits payable from the Fund under this subchapter attributable to the service of current or former employees of the United States Postal Service, over ``(ii) the sum of-- ``(I) the actuarial present value of deductions to be withheld from the future basic pay of employees of the United States Postal Service currently subject to this subchapter pursuant to section 8334; ``(II) the actuarial present value of the future contributions to be made pursuant to section 8334 with respect to employees of the United States Postal Service currently subject to this subchapter; ``(III) that portion of the Fund balance, as of the date the Postal supplemental liability is determined, attributable to payments to the Fund by the United States Postal Service and its employees, including earnings on those payments; and ``(IV) any other appropriate amount, as determined by the Office in accordance with generally accepted actuarial practices and principles. ``(B)(i) In computing the actuarial present value of future benefits, the Office shall include the full value of benefits attributable to military and volunteer service for United States Postal Service employees first employed after June 30, 1971, and a prorated share of the value of benefits attributable to military and volunteer service for United States Postal Service employees first employed before July 1, 1971. ``(ii) Military service so included shall not be included in the computation of any amount under subsection (g)(2). ``(2)(A) Not later than June 30, 2004, the Office shall determine the Postal supplemental liability as of September 30, 2003. The Office shall establish an amortization schedule, including a series of equal annual installments commencing September 30, 2004, which provides for the liquidation of such liability by September 30, 2043. ``(B) The Office shall redetermine the Postal supplemental liability as of the close of the fiscal year, for each fiscal year beginning after September 30, 2003, through the fiscal year ending September 30, 2038, and shall establish a new amortization schedule, including a series of equal annual installments commencing on September 30 of the subsequent fiscal year, which provides for the liquidation of such liability by September 30, 2043. ``(C) The Office shall redetermine the Postal supplemental liability as of the close of the fiscal year for each fiscal year beginning after September 30, 2038, and shall establish a new amortization schedule, including a series of equal annual installments commencing on September 30 of the subsequent fiscal year, which provides for the liquidation of such liability over 5 years. ``(D) Amortization schedules established under this paragraph shall be set in accordance with generally accepted actuarial practices and principles, with interest computed at the rate used in the most recent dynamic actuarial valuation of the Civil Service Retirement System. ``(E) The United States Postal Service shall pay the amounts so determined to the Office, with payments due not later than the date scheduled by the Office. ``(F) An amortization schedule established under subparagraph (B) or (C) shall supersede any amortization schedule previously established under this paragraph. ``(3) Notwithstanding any other provision of law, in computing the amount of any payment under any other subsection of this section that is based upon the amount of the unfunded liability, such payment shall be computed disregarding that portion of the unfunded liability that the Office determines will be liquidated by payments under this subsection. ``(4) Notwithstanding any other provision of this subsection, any determination or redetermination made by the Office under this subsection shall, upon request of the Postal Service, be subject to reconsideration and review (including adjustment by the Board of Actuaries of the Civil Service Retirement System) to the same extent and in the same manner as provided under section 8423(c).''. (d) Repeals.-- (1) In general.--The following provisions of law are repealed: (A) Subsection (m) of section 8348 of title 5, United States Code. (B) Subsection (c) of section 7101 of the Omnibus Budget Reconciliation Act of 1990 (5 U.S.C. 8348 note). (2) Rule of construction.--Nothing in this subsection shall be considered to affect any payments made before the date of the enactment of this Act under either of the provisions of law repealed by paragraph (1). SEC. 3. DISPOSITION OF SAVINGS ACCRUING TO THE UNITED STATES POSTAL SERVICE. (a) In General.--Savings accruing to the United States Postal Service as a result of the enactment of this Act-- (1) shall, to the extent that such savings are attributable to fiscal year 2003 or 2004, be used to reduce the postal debt (in consultation with the Secretary of the Treasury), and the Postal Service shall not incur additional debt to offset the use of the savings to reduce the postal debt in fiscal years 2003 and 2004; (2) shall, to the extent that such savings are attributable to fiscal year 2005, be used to continue holding postage rates unchanged and to reduce the postal debt, to such extent and in such manner as the Postal Service shall specify (in consultation with the Secretary of the Treasury); and (3) to the extent that such savings are attributable to any fiscal year after fiscal year 2005, shall be considered to be operating expenses of the Postal Service and, until otherwise provided for by law, shall be held in escrow and may not be obligated or expended. (b) Amounts Saved.-- (1) In general.--The amounts representing any savings accruing to the Postal Service in any fiscal year as a result of the enactment of this Act shall be computed by the Office of Personnel Management for each such fiscal year in accordance with paragraph (2). (2) Methodology.--Not later than July 31, 2003, the Office of Personnel Management shall-- (A) formulate a plan specifically enumerating the actuarial methods and assumptions by which the Office shall make its computations under paragraph (1); and (B) submit such plan to the Committee on Government Reform of the House of Representatives and the Committee on Governmental Affairs of the Senate. (3) Requirements.--The plan shall be formulated in consultation with the Postal Service and shall include the opportunity for the Postal Service to request reconsideration of computations under this subsection, and for the Board of Actuaries of the Civil Service Retirement System to review and make adjustments to such computations, to the same extent and in the same manner as provided under section 8423(c) of title 5, United States Code. (c) Reporting Requirement.--The Postal Service shall include in each report rendered under section 2402 of title 39, United States Code, the amount applied toward reducing the postal debt, and the size of the postal debt before and after the application of subsection (a), during the period covered by such report. (d) Sense of Congress.--It is the sense of the Congress that-- (1) the savings accruing to the Postal Service as a result of the enactment of this Act will be sufficient to allow the Postal Service to fulfill its commitment to hold postage rates unchanged until at least 2006; (2) because the Postal Service still faces substantial obligations related to postretirement health benefits for its current and former employees, some portion of the savings referred to in paragraph (1) should be used to address those unfunded obligations; and (3) none of the savings referred to in paragraph (1) should be used in the computation of any bonuses for Postal Service executives. (e) Postal Service Proposal.-- (1) In general.--The United States Postal Service shall, by September 30, 2003, prepare and submit to the President and the Congress its proposal detailing how any savings accruing to the Postal Service as a result of the enactment of this Act, which are attributable to any fiscal year after fiscal year 2005, should be expended. (2) Matters to consider.--In preparing its proposal under this subsection, the Postal Service shall consider-- (A) whether, and to what extent, those future savings should be used to address-- (i) debt repayment; (ii) prefunding of postretirement healthcare benefits for current and former postal employees; (iii) productivity and cost saving capital investments; (iv) delaying or moderating increases in postal rates; and (v) any other matter; and (B) the work of the President's Commission on the United States Postal Service under section 5 of Executive Order 13278 (67 Fed. Reg. 76672). (3) GAO review and report.--Not later than 60 days after the Postal Service submits its proposal pursuant to paragraph (1), the General Accounting Office shall prepare and submit a written evaluation of such proposal to the Committee on Government Reform of the House of Representatives and the Committee on Governmental Affairs of the Senate. (4) Legislative action.--Not later than 180 days after it has received both the proposal of the Postal Service and the evaluation of such proposal by the General Accounting Office under this subsection, Congress shall revisit the question of how the savings accruing to the Postal Service as a result of the enactment of this Act should be used. (f) Determination and Disposition of Surplus.-- (1) In general.--If, as of the date under paragraph (2), the Office of Personnel Management determines (after consultation with the Postmaster General) that the computation under section 8348(h)(1)(A) of title 5, United States Code, yields a negative amount (hereinafter referred to as a ``surplus'')-- (A) the Office shall inform the Postmaster General of its determination, including the size of the surplus so determined; and (B) the Postmaster General shall submit to the Congress a report describing how the Postal Service proposes that such surplus be used, including a draft of any legislation that might be necessary. (2) Determination date.--The date to be used for purposes of paragraph (1) shall be September 30, 2025, or such earlier date as, in the judgment of the Office, is the date by which all postal employees under the Civil Service Retirement System will have retired. (g) Definitions.--For purposes of this section-- (1) the savings accruing to the Postal Service as a result of the enactment of this Act shall, for any fiscal year, be equal to the amount (if any) by which-- (A) the contributions that the Postal Service would otherwise have been required to make to the Civil Service Retirement and Disability Fund for such fiscal year if this Act had not been enacted, exceed (B) the contributions made by the Postal Service to such Fund for such fiscal year; and (2) the term ``postal debt'' means the outstanding obligations of the Postal Service, as determined under chapter 20 of title 39, United States Code. SEC. 4. EFFECTIVE DATE. This Act and the amendments made by this Act shall become effective on the date of the enactment of this Act, except that the amendments made by section 2(b) shall apply with respect to pay periods beginning on or after such date.

Postal Civil Service Retirement System Funding Reform Act of 2003 - (Sec. 2) Amends Federal civil service law to revise the statutory formula for funding benefits under the Civil Service Retirement System for U.S. Postal Service employees (according to the model for funding the Federal Employee Retirement System (FERS)). Requires: (1) within the computation of the actuarial present value of future benefits, the full value of benefits attributable to military and volunteer service for Postal Service employees first employed after June 30, 1971, and a prorated share of the value of benefits attributable to military and volunteer service for Postal Service employees first employed before July 1, 1971; and (2) amortization schedules for liquidation of Postal supplemental pension benefit liability set with interest computed at the rate used in the most recent dynamic actuarial valuation of the Civil Service Retirement System.(Sec. 3) Requires that savings accruing to the Postal Service and attributable to FY 2003 and 2004 be used to reduce the postal debt.Prohibits the Postal Service from incurring additional debt to offset the use of the savings to reduce the postal debt in FY 2003 and 2004.Requires that: (1) savings attributable to FY 2005 be used to continue holding postage rates unchanged and to reduce the postal debt; and (2) savings attributable to any fiscal year after FY 2005 be considered Postal Service operating expenses and, until otherwise provided for by law, be held in escrow and not be obligated or expended.Expresses the sense of the Congress that: (1) the savings accruing to the Postal Service as a result of the enactment of this Act will be sufficient to allow the Postal Service to fulfill its commitment to hold postage rates unchanged until at least 2006; (2) because the Postal Service still faces substantial obligations related to postretirement health benefits for its current and former employees, some portion of those savings should be used to address the unfunded obligations; and (3) none of the savings should be used to pay bonuses to Postal Service executives.Directs the Postal Service to submit to the President and Congress its proposal detailing how any savings accruing to it as a result of the enactment of this Act, which are attributable to any fiscal year after FY 2005, should be expended. Requires the General Accounting Office to evaluate such proposal for specified congressional committees, and Congress, after receiving both proposal and evaluation, to revisit the question of how the savings should be used.Requires the Postmaster General to report to Congress how the Postal Service proposes to use any surplus determined by the Office of Management and Budget as of the end of FY 2025, or any earlier date by which all postal employees under the Civil Service Retirement System will have retired.

To amend chapter 83 of title 5, United States Code, to reform the funding of benefits under the Civil Service Retirement System for employees of the United States Postal Service, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Home Health Access Preservation Act of 1999''. SEC. 2. ADDITIONAL PAYMENTS TO AGENCIES FOR MOST EXPENSIVE CASES. (a) Payments for Outliers.-- (1) In general.--Subject to paragraph (2), from amounts appropriated pursuant to subsection (e), the Secretary of Health and Human Services shall pay an additional amount to home health agencies furnishing qualified home health services during a cost reporting period beginning on or after October 1, 1997, under the medicare program (under title XVIII of the Social Security Act). (2) Limitation of payments.--No payment shall be made under this section to a home health agency that, as of the date of the enactment of this Act, has ceased furnishing home health services for which payment may be made under the medicare program (under such title). (b) Description of Qualified Services.--For purposes of additional payment amounts under this section by the Secretary to home health agencies, qualified home health services are home health services furnished under the medicare program for the treatment of conditions within a diagnosis described in subsection (c). (c) Description of Diagnosis.--A diagnosis described in this subsection is one of the following diagnoses as classified in St. Anthony's ICD-9-CM Code Book for Physician Payment: (1) diabetes mellitus (ICD-9-CM code 250). (2) essential hypertension (ICD-9-CM code 401). (3) other forms of chronic ischemic heart disease (ICD-9-CM code 414). (4) heart failure (ICD-9-CM code 428). (5) acute, but ill-defined cerebrovascular disease (ICD-9- CM code 436). (6) pneumonia, organism unspecified (ICD-9-CM code 486). (7) chronic airway obstruction, not elsewhere classified (ICD-9-CM code 496). (8) chronic ulcer of skin (ICD-9-CM code 707). (9) symptoms involving urinary system (ICD-9-CM code 788). (10) fracture of neck of femur (ICD-9-CM code 820). (d) Determination of Agency-Specific Payment Amount.-- (1) Certification of quantity of qualified home health services furnished.-- (A) In general.--With respect to a fiscal year, a home health agency may submit to the Secretary a certification of the number of patients to whom the agency furnished qualified home health services during the agency's cost reporting period beginning in that fiscal year. (B) Deadline for submission.-- (i) In general.--Such certification shall be submitted to the Secretary during the 30-day period beginning on the date the agency submits to the Secretary a cost report for the cost reporting period beginning in such fiscal year. (ii) Transition rule.--In the case of an agency with a cost reporting period beginning on or after October 1, 1997, that ends before the date of the enactment of this Act, with respect to such cost reporting period, the 30- day period under clause (i) begins 60 days after the date of the enactment of this Act. (2) Determination of aggregate qualified home health services furnished.--From data contained in certifications submitted under paragraph (1) with respect to cost reporting periods beginning in fiscal years 1998, 1999, and 2000, the Secretary shall determine, with respect to a fiscal year, the number of patients who have received qualified home health services furnished by agencies submitting such certifications for that fiscal year. The Secretary shall make such determination by not later than 120 days after all cost reports for that fiscal year have been received. (3) Agency-specific percentage of aggregate amount.--For each home health agency submitting a certification under paragraph (1) for a fiscal year described in paragraph (2), the Secretary shall determine an agency-specific percentage by dividing the number of patients certified by the home health agency for that fiscal year by the national total specified in paragraph (2) for that fiscal year. (4) Payment amount.--The Secretary shall pay for a fiscal year described in paragraph (2) to a home health agency making the certification under paragraph (1) an amount equal to the product of the percentage determined under paragraph (3) and the amount appropriated for such fiscal year under subsection (e). (e) Authorization of Appropriations.--There is authorized to be appropriated from the Federal Hospital Insurance Trust Fund (established under section 1817 of the Social Security Act (42 U.S.C. 1395i)) for making additional payments to home health agencies under this section, $250,000,000 in each of the fiscal years 2000 through 2002. (f) Termination.--The Secretary shall not make additional payments under this section for cost reporting periods, or portions of cost reporting periods, beginning on or after the date of the implementation of the prospective payment system for home health services under section 1895 of the Social Security Act (42 U.S.C. 1395fff). (g) Limitation on Judicial Review.--There shall be no administrative or judicial review under section 1869 of the Social Security Act (42 U.S.C. 1395ff), section 1878 of such Act (42 U.S.C. 1395oo), or otherwise of any action of the Secretary with respect to the determination of an additional payment amount under this section. SEC. 3. OVERPAYMENTS. (a) 36-Month Repayment Period.--In the case of an overpayment by the Secretary of Health and Human Services to a home health agency for home health services furnished during a cost reporting period beginning on or after October 1, 1997, as a result of payment limitations provided for under clause (v), (vi), or (viii) of section 1861(v)(1)(L) of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)), the home health agency may elect to repay the amount of such overpayment over a 36- month period beginning on the date of notification of such overpayment. (b) Interest on Overpayment Amounts.-- (1) 36-month grace period.-- (A) In general.--In the case of an agency that makes an election under subsection (a), no interest shall accrue on the outstanding balance of the amount of overpayment during such 36-month period. (B) Overdue balances.--In the case of such an agency, interest shall accrue on any outstanding balance of the amount of overpayment after termination of such 36-month period. Interest shall accrue under this subparagraph at the rate of interest charged by banks for loans to their most favored commercial customers, as published in the Wall Street Journal on the Friday immediately following the date of the enactment of this Act. (2) Other agencies.--In the case of an agency described in subsection (a) that does not make an election under subsection (a), interest shall accrue on the outstanding balance of the amount of overpayment at the rate described in the second sentence of paragraph (1)(B). (c) Termination.--No election under subsection (a) may be made for cost reporting periods, or portions of cost reporting periods, beginning on or after the date of the implementation of the prospective payment system for home health services under section 1895 of the Social Security Act (42 U.S.C. 1395fff). (d) Effective Date.--The provisions of subsection (a) shall take effect as if included in the enactment of the Balanced Budget Act of 1997. SEC. 4. UPDATE ON IMPLEMENTATION OF PROSPECTIVE PAYMENT SYSTEM FOR HOME HEALTH AGENCIES. Not later than 90 days after the date of enactment of this Act, and every 90 days thereafter until the prospective payment system for home health agencies (established by section 1895 of the Social Security Act (42 U.S.C. 1395fff)) is implemented, the Secretary of Health and Human Services shall meet with the staff of the appropriate committees of Congress to provide an informal update regarding the progress of the Secretary in implementing such payment system.

Addresses overpayments to home health agencies, giving them a repayment option over a 36-month period, and prohibiting interest accrual on the outstanding balance of the overpayment amount during such period. Prohibits home health agencies from electing to make such a repayment for all or portions of cost reporting periods beginning on or after the date of the implementation of the PPS for home health services under Medicare. Makes the repayment option effective retroactively to the enactment of the Balanced Budget Act of 1997. Directs the Secretary to meet periodically with the staff of the appropriate congressional committees to provide an informal update regarding the Secretary's progress in implementing such PPS.

Home Health Access Preservation Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Fraud and Fairness Reform Act''. TITLE I--FEDERAL TRADE COMMISSION SEC. 101. INVESTIGATION OF GASOLINE PRICES. (a) Investigation.--Not later than 30 days after the date of the enactment of this Act, the Federal Trade Commission shall commence an investigation to determine if the price of gasoline is being artificially manipulated by speculation in the oil markets and specifically at the Intercontinental Exchange in Atlanta, Georgia. (b) Report to Congress.--Not later than 90 days after the date of the enactment of this Act, the Federal Trade Commission shall transmit to Congress a report that describes-- (1) the progress of the investigation; and (2) any recommendations of the Federal Trade Commission regarding any legislation necessary to address speculation in the oil markets. TITLE II--TAX PROVISIONS SEC. 201. INCREASE IN CREDIT FOR ALTERNATIVE FUEL VEHICLE REFUELING PROPERTY. (a) In General.--Subsection (a) of section 30C of the Internal Revenue Code of 1986 (relating to credit allowed for alternative fuel vehicle refueling property) is amended by striking ``30 percent'' and inserting ``50 percent''. (b) Effective Date.--The amendment made by subsection (a) shall apply to property placed in service after the date of the enactment of this Act in taxable years ending after such date. SEC. 202. CREDIT FOR CONVERTING GAS AND DIESEL PROPELLED MOTOR VEHICLES TO VEHICLES PROPELLED BY ALTERNATIVE FUEL, CLEAN FUEL, OR FUEL CELLS. (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. 30D. CONVERSION OF GAS AND DIESEL PROPELLED MOTOR VEHICLES PROPELLED BY ALTERNATIVE FUEL, CLEAN FUEL, OR FUEL CELLS. ``(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 aggregate costs of a qualified conversion of a motor vehicle-- ``(1) which, after such conversion, is placed in service by the taxpayer during the taxable year, ``(2) of which the original use after such conversion commences with the taxpayer, and ``(3) which, after such conversion, is for use or lease by the taxpayer and not for resale or lease to others. ``(b) Definitions.--For purposes of this section-- ``(1) Qualified conversion.--The term `qualified conversion' means the conversion of a motor vehicle from a vehicle that is propelled by gasoline or diesel fuel to a vehicle that is propelled by alternative fuel, clean fuel, or fuel cells. ``(2) Alternative fuel.--The term `alternative fuel' has the meaning given such term by section 6426(d)(2), determined without regard to the last sentence thereof. ``(3) Clean fuel.--The term `clean fuel' has the meaning given such term by section 179A(e)(1). ``(4) Fuel cell.--The term `fuel cell' means qualified fuel cell property (as defined in section 48(c)(1)). ``(5) Motor vehicle.--The term `motor vehicle' has the meaning given such term by section 30(c)(2). ``(c) 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 property of a character subject to an allowance for depreciation 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.--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 subsection (a) for any taxable year (determined after application of paragraph (1)) 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 sections 23 and 25D) and section 27 for the taxable year. ``(d) Special Rules.-- ``(1) Basis reduction.--The basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit (determined without regard to subsection (d)). ``(2) Recapture.--The Secretary shall, by regulations, provide 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. ``(3) Property used outside united states, etc., not qualified.--No credit shall be allowed under subsection (a) with respect to any property referred to in section 50(b)(1) or with respect to the portion of the cost of any property taken into account under section 179. ``(4) Election not to take credit.--No credit shall be allowed under subsection (a) for any conversion of a vehicle if the taxpayer elects to not have this section apply to such conversion. ``(5) Denial of double benefit.-- ``(A) If a credit is allowed under section 30B with respect to a vehicle, not credit shall be allowed under this section with respect to such vehicle. ``(B) No amount taken into account under this section shall be allowed as a deduction under any other provision of this subtitle. ``(6) Property used by tax-exempt entity; interaction with air quality and motor vehicle safety standards.--Rules similar to the rules of paragraphs (6) and (10) of section 30B(h) shall apply for purposes of this section.''. (b) Credit Made Part of General Business Credit.--Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(34) the portion of the motor vehicle conversion credit to which section 30D(d)(1) applies.''. (c) Conforming Amendments.-- (1) Section 1016(a) of such Code is amended by striking ``and'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, and'', and by adding at the end the following new paragraph: ``(37) to the extent provided in section 30D(e)(1).''. (2) Section 6501(m) of such Code is amended by inserting ``30D(e)(4),'' after ``30C(e)(5),''. (3) The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 30D. Conversion of gas and diesel propelled motor vehicles propelled by alternative fuel, clean fuel, or fuel cells.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2008. TITLE III--REFINERY CAPACITY STUDY SEC. 301. REFINERY CAPACITY STUDY. Not later than 90 days after the date of enactment of this Act, the Comptroller General shall transmit to Congress a report containing the results of a study of refinery capacity in the United States. Such study shall address-- (1) the impacts United States refinery capacity has on gasoline prices; (2) regulatory and other barriers to the construction and operation of sufficient United States refinery capacity, including possible collusion among oil companies; and (3) how oil companies use funding received from the Federal Government, and whether those Federal dollars expand our domestic oil supply or just go to dividends and stock buybacks.

Energy Fraud and Fairness Reform Act - Directs the Federal Trade Commission (FTC) to investigate and report to Congress on whether the price of gasoline is being artificially manipulated by speculation in the oil markets, specifically at the Intercontinental Exchange in Atlanta, Georgia. Amends the Internal Revenue Code to increase the alternative fuel vehicle refueling property credit from 30% to 50% of the cost of such a property placed in service by a taxpayer during the year. Allows a tax credit for conversion of gas and diesel propelled motor vehicles to vehicles propelled by alternative fuel, clean fuel, or fuel cells. Requires the Comptroller General of the United States to study and report to Congress on the refinery capacity of the United States.

To direct the Federal Trade Commission to investigate how speculators are driving up the cost of gasoline in the financial markets, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Abstinence Education Reallocation Act of 2011''. SEC. 2. SEXUAL RISK AVOIDANCE EDUCATION. (a) Grants.--The Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration, may award grants on a competitive basis to public and private entities to provide qualified sexual risk avoidance education to youth and their parents. (b) Qualified Sexual Risk Avoidance Education.--To qualify for funding under subsection (a), sexual risk avoidance education shall meet each of the following: (1) The education shall be age appropriate. (2) The education shall be medically accurate. (3) The education shall be an evidence-based approach. (4) The education shall have as its sole purpose teaching of the skills and benefits of sexual abstinence as the optimal sexual health behavior for youth. (5) The education shall include, consistent with paragraphs (1) through (4), teaching of each of the following: (A) The holistic health, economic, and societal benefits that can be gained by refraining from nonmarital sexual activity, through teaching practical skills that promote self-regulation, goal setting, and a focus on the future. (B) The clear advantage of reserving human sexual activity for marriage, as a key contributing factor in the prevention of poverty and the preservation of physical and emotional health, based on social science research. (C) The foundational components of a healthy relationship and related research regarding the individual, economic, and societal advantages of bearing children within the context of a committed marital relationship in order to form healthy marriages and safe and stable families. (D) The skills needed to resist the negative influences of the pervasive sex-saturated culture that presents teenage sexual activity as an expected norm, with few risks or negative consequences. (E) The understanding of how drugs, alcohol, and the irresponsible use of social media can negatively influence healthy sexual decision making and can contribute to aggressive sexual behavior. (F) A focused priority on the superior health benefits of sexual abstinence, ensuring that any information provided on contraception does not exaggerate its effectiveness in preventing sexually transmitted diseases and pregnancies. (c) Priority.--In awarding grants under subsection (a), the Secretary shall give priority to applicants proposing programs to provide qualified sexual risk avoidance education that-- (1) will serve youth spanning ages 12 to 19; and (2) will promote protective benefits of parent-child communication regarding healthy sexual decision making. (d) Definitions.--In this Act: (1) The term ``age appropriate'' means appropriate for the general developmental and social maturity of the age group (as opposed to the cognitive ability to understand a topic or the atypical development of a small segment of the targeted population). (2) The term ``evidence-based approach'' means an approach that-- (A) has a clear theoretical base that integrates research findings with practical implementation expertise that is relevant to the field; (B) matches the needs and desired outcomes for the intended audience; and (C) if implemented well, will demonstrate improved outcomes for the targeted population. (3) The term ``medically accurate'' means referenced to peer-reviewed research by medical, educational, scientific, governmental, or public health publications, organizations, or agencies. (4) The term ``sexual abstinence'' means voluntarily refraining from sexual activity. (5) The term ``sexual activity'' means genital contact or sexual stimulation including, but not limited to, sexual intercourse. (e) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated $110,000,000 for each of fiscal years 2012 through 2016 to carry out this Act. Amounts authorized to be appropriated by the preceding sentence shall be derived exclusively from amounts in the Prevention and Public Health Fund established by section 4002 of the Patient Protection and Affordable Care Act (42 U.S.C. 300u-11). (2) Federal administrative costs.--Of the amount authorized to be appropriated by paragraph (1) for a fiscal year-- (A) not more than $1,000,000 are authorized to be used for Federal administrative costs; and (B) of the amount used by the Secretary for such costs, at least 40 percent shall be used for training and technical assistance by qualified experts who-- (i) have singular experience in providing programmatic support in abstinence education; (ii) have expertise in theory-based abstinence education curriculum development and implementation; (iii) have experience in developing sexual risk avoidance evaluation instruments; and (iv) can offer technical assistance and training on a wide range of topics relevant to the sexual risk avoidance (or abstinence education) field.

Abstinence Education Reallocation Act of 2011 - Authorizes the Administrator of the Health Resources and Services Administration (HRSA) to award grants for qualified sexual risk avoidance education to youth and their parents. Requires such education to meet certain criteria, including: (1) being age-appropriate, medically accurate, and evidence-based; (2) having as its sole purpose the teaching of the skills and benefits of sexual abstinence as the optimal sexual health behavior for youth; and (3) teaching the benefits of refraining from nonmarital sexual activity, the advantage of reserving sexual activity for marriage, and the foundational components of a healthy relationship. Gives priority to programs that serve youth ages 12 to 19 and that will promote the protective benefits of parent-child communication regarding healthy sexual decisionmaking.

To authorize the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration, to award grants on a competitive basis to public and private entities to provide qualified sexual risk avoidance education to youth and their parents.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Advocacy Act of 2007''. SEC. 2. PILOT PROGRAM ON PROVISION OF LEGAL ASSISTANCE TO ASSIST VETERANS AND MEMBERS OF THE ARMED FORCES RECEIVE HEALTH CARE, BENEFITS, AND SERVICES. (a) Pilot Program Required.-- (1) In general.--The Secretary of Veterans Affairs shall carry out a pilot program to assess the feasibility and advisability of utilizing eligible entities to provide legal services to assist veterans and members of the Armed Forces in applying for and receiving health care, benefits, and services. (2) Consultation.--The Secretary of Veterans Affairs shall carry out the pilot program in consultation with the Secretary of Defense. (b) Grants.-- (1) In general.--The Secretary of Veterans Affairs shall carry out the pilot program through the award of grants to eligible entities selected by the panel established in accordance with subsection (d)(1) for-- (A) the provision of legal services at no cost to members of the Armed Forces and veterans as described in subsection (a)(1); or (B) the provision of legal training to attorneys of eligible entities on the health and benefits programs of the Department of Defense and the Department of Veterans Affairs to facilitate the provision of legal services described in subsection (a)(1). (2) Awarding grants.--Grants under this subsection shall be awarded to eligible entities selected pursuant to subsection (d) not later than 180 days after the date of the enactment of this Act. (3) Number of grants.-- (A) In general.--The Secretary shall award 10 grants under the pilot program. (B) State-designated protection and advocacy systems.--Not less than five of the grants awarded under the pilot program shall be awarded to State- designated protection and advocacy systems. (4) Grant amount.--The amount of each grant awarded under the pilot program shall be determined by the selection panel described in subsection (d)(1), except that each such grant may not be awarded in an amount that-- (A) exceeds $100,000; or (B) is less than $25,000. (5) Duration.--The duration of any grant awarded under the pilot program may not exceed one year. (6) Avoidance of frivolous benefit claims.--An eligible entity that receives a grant under this subsection shall make reasonable efforts to avoid representing veterans and members of the Armed Forces with respect to frivolous benefits claims. (c) Eligible Entities.--For purposes of this subsection, an eligible entity is any entity or organization, including a State- designated protection and advocacy systems, that-- (1) is not part of the Department of Veterans Affairs or the Department of Defense; and (2) provides legal services by licensed attorneys with experience assisting veterans, members of the Armed Forces, or persons with disabilities. (d) Selection of Grant Recipients.-- (1) Selection by panel.-- (A) In general.--Each application submitted under paragraph (2) shall be evaluated by a panel appointed by the Secretary for purposes of the pilot program. The panel shall select eligible entities for receipt of grants under subsection (b) from among the applications so evaluated. (B) Membership of panel.--Members of the panel shall be appointed in equal numbers from among individuals as follows: (i) Officers and employees of the Department of Veterans Affairs. (ii) With the approval of the Secretary of Defense, officers and employees of the Department of Defense. (iii) Representatives of veterans service organizations. (iv) Representatives of organizations that provide services to members of the Armed Forces. (v) Attorneys that represent veterans. (vi) Attorneys employed by a State- designated protection and advocacy system. (2) Application.--An eligible entity seeking a grant under the pilot program shall submit to the Secretary of Veterans Affairs an application therefor in such form and in such manner as the Secretary considers appropriate. (3) Elements.--Each application submitted under paragraph (2) shall include the following: (A) In the case of an eligible entity applying for a grant under subsection (b)(1)(A), the following: (i) A description of the population of members of the Armed Forces and veterans to be provided assistance. (ii) A description of the outreach to be conducted by the eligible entity concerned to notify members of the Armed Forces and veterans of the availability of such assistance. (B) In the case of an eligible entity applying for a grant under subsection (b)(1)(B), the following: (i) A description of the population of attorneys to be provided training. (ii) A description of the outreach to be conducted by the eligible entity concerned to notify attorneys of the availability of such training. (C) In the case of an eligible entity applying for a grant under subparagraphs (A) and (B) of subsection (b)(1), the elements described in subparagraphs (A) and (B) of this paragraph. (e) Report.--Not later than one year after the date described in subsection (b)(2), the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the pilot program required by subsection (a), including the following: (1) The number of veterans and members of the Armed Forces that received assistance or services from such pilot program. (2) A description of the assistance and services provided as part of such pilot program. (f) Definitions.--In this section: (1) State-designated protection and advocacy system.--The term ``State-designated protection and advocacy system'' means a system established in a State to protect the legal and human rights of individuals with developmental disabilities in accordance with subtitle C of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15041 et seq.). (2) Veterans service organization.--The term ``veterans service organization'' means any organization organized by the Secretary of Veterans Affairs for the representation of veterans under section 5902 of title 38, United States Code. (g) Funding.--Of amounts appropriated for ``Defense Health Program'' in the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 (Public Law 110-28), $1,000,000 shall be available for fiscal year 2008 to carry out the provisions of this section and not for the purposes for which appropriated by such Act. Any amount made available by this subsection shall remain available without fiscal year limitation.

Veterans Advocacy Act of 2007 - Directs the Secretary of Veterans Affairs to carry out a program to assess the feasibility and advisability of utilizing legal entities to provide legal services to assist veterans and members of the Armed Forces in applying for and receiving health care, benefits, and services. Requires the Secretary to award ten grants to legal entities to provide such services. Limits grant duration to one year.

A bill to establish a pilot program on the provision of legal services to assist veterans and members of the Armed Forces receive health care, benefits and services, and for other purposes.

SECTION 1. CHIEF VETERINARY OFFICER OF DEPARTMENT OF HOMELAND SECURITY. (a) In General.--Title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.) is amended by adding at the end the following new section: ``SEC. 317. CHIEF VETERINARY OFFICER. ``(a) In General.--There is in the Department a Chief Veterinary Officer, who shall be appointed by the Secretary. The Chief Veterinary Officer shall report directly to the Chief Medical Officer, unless an individual other than the Assistant Secretary for Health Affairs is serving as the Chief Medical Officer, in which case the Chief Veterinary Officer shall report directly to the Assistant Secretary for Health Affairs. ``(b) Qualifications.--The individual appointed as Chief Veterinary Officer shall be a veterinarian who possesses a demonstrated ability in and knowledge of veterinary public health and emergency preparedness, and other professional experience as determined by the Secretary, such as in agriculture, food defense, and disaster medicine. ``(c) Responsibilities.--The Chief Veterinary Officer shall be the head of the division of the Department with primary responsibility for veterinary issues, food defense, and agriculture security, and shall have primary responsibility within the Department for responsibilities relating to veterinary medicine and veterinary public health, including each of the following: ``(1) Serving as the principal authority in the Department responsible for advising the Secretary, in coordination with the Assistant Secretary for Health Affairs, on veterinary public health, food defense, and agricultural security issues. ``(2) Providing guidance for the health and welfare of the Department's working animals, including those used to enhance transportation, border, and maritime security, and for other purposes. ``(3) Leading the Department's policy initiatives relating to food, animal, and agricultural incidents, and the impact of such incidents on animal and public health. ``(4) Leading the Department's policy initiatives relating to overall domestic preparedness for and collective response to agricultural terrorism. ``(5) Serving as the principal point of contact in the Office of Health Affairs for all veterinary preparedness and response research and development. ``(6) Serving as the principal point of contact in the Office of Health Affairs for sharing homeland security veterinary medical information with Department officials, including all components with veterinary, food, or agricultural interests. ``(7) Serving as the principal point of contact within the Department with respect to veterinary homeland security issues for the Department of Agriculture, the Department of Defense, the Department of Health and Human Services, and other Federal departments and agencies. ``(8) Serving as the principal point of contact within the Department with respect to veterinary homeland security issues for State, local, and tribal governments, the veterinary community, and other entities within and outside the Department. ``(9) Performing such other duties relating to such responsibilities as the Secretary may require. ``(d) Report to Congress.--Not later than 30 days after the last day of each fiscal year, the Chief Veterinary Officer shall submit to Congress a report on the state of the Department's working animals during that fiscal year. Each such report shall include-- ``(1) the number of animals in service to the Department during the fiscal year, including the component and mission of each such animal and the homeland security activities conducted by such animal; ``(2) an assessment of the overall health and welfare of the Department's working animals during the fiscal year; and ``(3) a description of the activities of the Office during the fiscal year, including a description of any animal initiative or program conducted during such fiscal year, and for each such initiative or program-- ``(A) the objectives of the initiative or program; ``(B) the species or genus of animals that are subject of the initiative or program; ``(C) the amount of resources used (including capital and human resources) for such initiative or program; ``(D) when the initiative or program will conclude or terminate; and ``(E) the degree of completion of the initiative or program. ``(e) Advance Notice of Reorganization Required.--Not later than 180 days before carrying out any reorganization within the Department that would affect any responsibility of the Chief Veterinary Officer, the Secretary shall submit to the appropriate congressional committees a report on the proposed reorganization.''. (b) Clerical Amendment.--The table of contents in section 1(b) of such Act is amended by adding at the end of the items relating to title III the following new item: ``Sec. 317. Chief Veterinary Officer.''.

Amends the Homeland Security Act of 2002 to establish in the Department of Homeland Security (DHS) a Chief Veterinary Officer, who shall: (1) head the division of DHS with primary responsibility for veterinary issues, food defense, and agriculture security; and (2) have primary responsibility within DHS for responsibilities relating to veterinary medicine and veterinary public health. Requires that such Officer: (1) be a veterinarian who possesses a demonstrated ability in and knowledge of veterinary public health and emergency preparedness; (2) be appointed by the DHS Secretary; and (3) report directly to the Chief Medical Officer (or to the Assistant Secretary for Health Affairs if the Assistant Secretary is not serving as Chief Medical Officer). Directs: (1) such Officer to report to Congress on the state of DHS's working animals during each fiscal year and include a description of any animal initiative or program conducted during such fiscal year; and (2) the Secretary to report to the appropriate congressional committees at least 180 days before carrying out any reorganization within DHS that would affect any responsibility of the Chief Veterinary Officer.

To establish a Chief Veterinary Officer in the Department of Homeland Security, and for other purposes.

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Eliminate Colorectal Cancer Act of 2001''. (b) Findings.--The Congress finds the following: (1) Colorectal cancer is the second leading cause of cancer deaths in the United States for men and women combined. (2) It is estimated that in 2001, 135,400 new cases of colorectal cancer will be diagnosed in men and women in the United States. (3) Colorectal cancer is expected to kill 56,700 individuals in the United States in 2001. (4) Research has shown that a high-fiber, low-fat diet can significantly reduce the risk of developing colorectal cancer. (5) The adoption of a healthy lifestyle at a young age can significantly reduce the risk of developing colorectal cancer. (6) Appropriate screenings and regular tests, including fecal occult blood tests, sigmoidoscopy, and colonoscopy, can save large numbers of lives by leading to earlier identification of colorectal cancer. (7) The Centers for Disease Control and Prevention, the Health Care Financing Administration, and the National Cancer Institute have initiated the Screen for Life Campaign targeted to individuals age 50 and older to spread the message of the importance of colorectal cancer screening tests. (8) Education helps to inform the public of symptoms for the early detection of colorectal cancer and methods of prevention. SEC. 2. COVERAGE FOR COLORECTAL CANCER SCREENING. (a) Group Health Plans.-- (1) Public health service act amendments.--(A) Subpart 2 of part A of title XXVII of the Public Health Service Act is amended by adding at the end the following new section: ``SEC. 2707. COVERAGE FOR COLORECTAL CANCER SCREENING. ``(a) Coverage for Colorectal Cancer Screening.-- ``(1) In general.--A group health plan, and a health insurance issuer offering group health insurance coverage, shall provide coverage for colorectal cancer screening at regular intervals to-- ``(A) any participant or beneficiary age 50 or over; and ``(B) any participant or beneficiary under the age of 50 who is at a high risk for colorectal cancer, or who may have symptoms or circumstances that indicate a need for colorectal cancer screening. ``(2) Definition of high risk.--For purposes of subsection (a)(1)(B), the term `high risk for colorectal cancer' has the meaning given such term in section 1861(pp)(2) of the Social Security Act (42 U.S.C. 1395x(pp)(2)). ``(3) Method of screening.--The group health plan or health insurance issuer shall cover the method and frequency of colorectal cancer screening deemed appropriate by a health care provider treating such participant or beneficiary, in consultation with the participant or beneficiary. Such coverage shall include the procedures in section 1861(pp)(1) of the Social Security Act (42 U.S.C. 1395x(pp)(1)) and section 4104(a)(2) of the Balanced Budget Act of 1997. ``(b) Notice.--A group health plan under this part shall comply with the notice requirement under section 714(b) of the Employee Retirement Income Security Act of 1974 with respect to the requirements of this section as if such section applied to such plan. ``(c) Non-Preemption of More Protective State Law With Respect to Health Insurance Issuers.--This section shall not be construed to supersede any provision of State law which establishes, implements, or continues in effect any standard or requirement solely relating to health insurance issuers in connection with group health insurance coverage that provides greater protections to participants and beneficiaries than the protections provided under this section.''. (B) Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)) is amended by striking ``section 2704'' and inserting ``sections 2704 and 2707''. (2) ERISA amendments.--(A) Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following new section: ``SEC. 714. COVERAGE FOR COLORECTAL CANCER SCREENING. ``(a) Coverage for Colorectal Cancer Screening.-- ``(1) In general.--A group health plan, and a health insurance issuer offering group health insurance coverage, shall provide coverage for colorectal cancer screening at regular intervals to-- ``(A) any participant or beneficiary age 50 or over; and ``(B) any participant or beneficiary under the age of 50 who is at a high risk for colorectal cancer, or who may have symptoms or circumstances that indicate a need for colorectal cancer screening. ``(2) Definition of high risk.--For purposes of subsection (a)(1)(B), the term `high risk for colorectal cancer' has the meaning given such term in section 1861(pp)(2) of the Social Security Act (42 U.S.C. 1395x(pp)(2)). ``(3) Method of screening.--The group health plan or health insurance issuer shall cover the method and frequency of colorectal cancer screening deemed appropriate by a health care provider treating such participant or beneficiary, in consultation with the participant or beneficiary. Such coverage shall include the procedures in section 1861(pp)(1) of the Social Security Act (42 U.S.C. 1395x(pp)(1)) and section 4104(a)(2) of the Balanced Budget Act of 1997. ``(b) Notice Under Group Health Plan.--The imposition of the requirements of this section shall be treated as a material modification in the terms of the plan described in section 102(a), for purposes of assuring notice of such requirements under the plan; except that the summary description required to be provided under the third to last sentence of section 104(b)(1) with respect to such modification shall be provided by not later than 60 days after the first day of the first plan year in which such requirements apply.''. (B) Section 731(c) of such Act (29 U.S.C. 1191(c)) is amended by striking ``section 711'' and inserting ``sections 711 and 714''. (C) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is amended by striking ``section 711'' and inserting ``sections 711 and 714''. (D) The table of contents in section 1 of such Act is amended by inserting after the item relating to section 713 the following new item: ``Sec. 714. Coverage for colorectal cancer screening.''. (b) Individual Health Insurance.--(1) Part B of title XXVII of the Public Health Service Act is amended by inserting after section 2752 the following new section: ``SEC. 2753. COVERAGE FOR COLORECTAL CANCER SCREENING. ``(a) In General.--The provisions of section 2707(a) shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as it applies to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market. ``(b) Notice.--A health insurance issuer under this part shall comply with the notice requirement under section 714(b) of the Employee Retirement Income Security Act of 1974 with respect to the requirements referred to in subsection (a) as if such section applied to such issuer and such issuer were a group health plan.''. (c) Effective Dates.--(1)(A) Subject to subparagraph (B), the amendments made by subsection (a) shall apply with respect to group health plans for plan years beginning on or after January 1, 2003. (B) In the case of a group health plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified before the date of enactment of this Act, the amendments made by subsection (a) shall not apply to plan years beginning before the later of-- (i) the date on which the last collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of enactment of this Act), or (ii) January 1, 2003. For purposes of clause (i), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by subsection (a) shall not be treated as a termination of such collective bargaining agreement. (2) The amendments made by subsection (b) shall apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after January 1, 2003. (d) Coordinated Regulations.--The Secretary of Labor and the Secretary of Health and Human Services shall ensure, through the execution of an interagency memorandum of understanding among such Secretaries, that-- (1) regulations, rulings, and interpretations issued by such Secretaries relating to the same matter over which both Secretaries have responsibility under the provisions of this section (and the amendments made thereby) are administered so as to have the same effect at all times; and (2) coordination of policies relating to enforcing the same requirements through such Secretaries in order to have a coordinated enforcement strategy that avoids duplication of enforcement efforts and assigns priorities in enforcement.

Eliminate Colorectal Cancer Act of 2001 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 to require coverage of colorectal cancer screening according to certain guidelines by a group health plan, a health insurance issuer offering group health insurance coverage, and a health insurance issuer in the individual market.Directs the Secretaries of Labor and of Health and Human Services to ensure coordination in the implementation and enforcement of this Act.

To amend the Public Health Service Act and the Employee Retirement Income Security Act of 1974 to require coverage for colorectal cancer screenings for group health plans and group and individual health insurance coverage.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Notch Baby Act of 1997''. SEC. 2. NEW GUARANTEED MINIMUM PRIMARY INSURANCE AMOUNT WHERE ELIGIBILITY ARISES DURING TRANSITIONAL PERIOD. Section 215(a) of the Social Security Act is amended-- (1) in paragraph (4)(B), by inserting ``(with or without the application of paragraph (8))'' after ``would be made''; and (2) by adding at the end the following: ``(8)(A) In the case of an individual described in paragraph (4)(B) (subject to subparagraph (F) of this paragraph), the amount of the individual's primary insurance amount as computed or recomputed under paragraph (1) shall be deemed equal to the sum of-- ``(i) such amount, and ``(ii) the applicable transitional increase amount (if any). ``(B) For purposes of subparagraph (A)(ii), the term `applicable transitional increase amount' means, in the case of any individual, the product derived by multiplying-- ``(i) the excess under former law, by ``(ii) the applicable percentage in relation to the year in which the individual becomes eligible for old-age insurance benefits, as determined by the following table: ``If the individual becomes eligible for The applicable such benefits in: percentage is: 1979............................... 60 percent 1980............................... 35 percent 1981............................... 30 percent 1982............................... 25 percent 1983............................... 10 percent. ``(C) For purposes of subparagraph (B), the term `excess under former law' means, in the case of any individual, the excess of-- ``(i) the applicable former law primary insurance amount, over ``(ii) the amount which would be such individual's primary insurance amount if computed or recomputed under this section without regard to this paragraph and paragraphs (4), (5), and (6). ``(D) For purposes of subparagraph (C)(i), the term `applicable former law primary insurance amount' means, in the case of any individual, the amount which would be such individual's primary insurance amount if it were-- ``(i) computed or recomputed (pursuant to paragraph (4)(B)(i)) under section 215(a) as in effect in December 1978, or ``(ii) computed or recomputed (pursuant to paragraph (4)(B)(ii)) as provided by subsection (d), (as applicable) and modified as provided by subparagraph (E). ``(E) In determining the amount which would be an individual's primary insurance amount as provided in subparagraph (D)-- ``(i) subsection (b)(4) shall not apply; ``(ii) section 215(b) as in effect in December 1978 shall apply, except that section 215(b)(2)(C) (as then in effect) shall be deemed to provide that an individual's `computation base years' may include only calendar years in the period after 1950 (or 1936 if applicable) and ending with the calendar year in which such individual attains age 61, plus the 3 calendar years after such period for which the total of such individual's wages and self-employment income is the largest; and ``(iii) subdivision (I) in the last sentence of paragraph (4) shall be applied as though the words `without regard to any increases in that table' in such subdivision read `including any increases in that table'. ``(F) This paragraph shall apply in the case of any individual only if such application results in a primary insurance amount for such individual that is greater than it would be if computed or recomputed under paragraph (4)(B) without regard to this paragraph.''. SEC. 3. EFFECTIVE DATE AND RELATED RULES. (a) Applicability of Amendments.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this Act shall be effective as though they had been included or reflected in section 201 of the Social Security Amendments of 1977. (2) Prospective applicability.--No monthly benefit or primary insurance amount under title II of the Social Security Act shall be increased by reason of such amendments for any month before January 1998. (b) Recomputation To Reflect Benefit Increases.--In any case in which an individual is entitled to monthly insurance benefits under title II of the Social Security Act for December 1997, if such benefits are based on a primary insurance amount computed-- (1) under section 215 of such Act as in effect (by reason of the Social Security Amendments of 1977) after December 1978, or (2) under section 215 of such Act as in effect prior to January 1979 by reason of subsection (a)(4)(B) of such section (as amended by the Social Security Amendments of 1977), the Secretary of Health and Human Services (notwithstanding section 215(f)(1) of the Social Security Act) shall recompute such primary insurance amount so as to take into account the amendments made by this Act.

Notch Baby Act of 1997 - Amends title II (Old-Age, Survivors and Disability Insurance) of the Social Security Act with respect to the benefit computation formula for individuals who reached age 65 in or after 1982 and to whom applies the period of transition to the changes in benefit computation rules enacted in the Social Security Amendments of 1977. Sets forth a schedule of additional benefit increases for such beneficiaries (and related beneficiaries), with percentages declining from 60 percent to ten percent keyed to the year an individual became eligible for such benefits between 1979 and 1983.

Notch Baby Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicaid Foster Care Coverage Act of 2007''. SEC. 2. INDEPENDENT FOSTER CARE ADOLESCENTS ESTABLISHED AS MANDATORY CATEGORY (AND NOT OPTIONAL CATEGORY) OF INDIVIDUALS FOR MEDICAID COVERAGE. (a) Establishment as Mandatory Category.--Clause (i) of section 1902(a)(10)(A) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)) is amended-- (1) in subclause (VI), by striking at the end ``or''; (2) in subclause (VII), by adding at the end ``or''; and (3) by adding at the end the following new subclause: ``(VIII) who are independent foster care adolescents (as defined in section 1905(w)(1));''. (b) Conforming Amendments.-- (1) Clause (ii) of such section is amended by striking subclause (XVII) and redesignating subclauses (XVIII) and (XIX) as subclauses (XVII) and (XVIII), respectively. (2) Section 1905(w) of the Social Security Act (42 U.S.C. 1396d(w)) is amended-- (A) in paragraph (1), by inserting ``, subject to paragraph (3),'' after ``means''; and (B) in paragraph (3), by striking ``section 1902(a)(10)(A)(ii)(XVII)'' and inserting ``section 1902(a)(10)(A)(I)(VIII)''. (3) Section 1902 of such Act (42 U.S.C. 1396a) is amended-- (A) in the matter following subparagraph (G) of subsection (a)(10), by striking ``subparagraph (A)(10)(ii)(XVIII)'' and inserting ``subparagraph (A)(ii)(XVII)''; and (B) in subsection (cc)(2)(A)(I), by striking ``subsection (a)(10)(A)(ii)(XIX)'' and inserting ``subsection (a)(10)(A)(ii)(XVIII)''. (4) Section 1903(f)(4) of such Act (42 U.S.C. 1396b(f)(4)) is amended-- (A) by striking ``1902(a)(10)(A)(ii)(XVII),'' and inserting ``1902(a)(10)(A)(I)(VIII),'' after ``1902(a)(10)(A)(I)(VII),''; (B) by striking ``1902(a)(10)(A)(ii)(XVIII)'' and inserting ``1902(a)(10)(A)(ii)(XVII)''; and (C) by striking ``1902(a)(10)(A)(ii)(XIX)'' and inserting ``1902(a)(10)(A)(ii)(XVIII)''. (5) Section 1905 of such Act (42 U.S.C. 1396d) is amended-- (A) in subsection (a)(2)(B), by striking ``1902(a)(10)(A)(ii)(XIX)'' and inserting ``1902(a)(10)(A)(ii)(XVIII)''; and (B) in subsection (b), by striking ``1902(a)(10)(A)(ii)(XVIII)'' and inserting ``1902(a)(10)(A)(ii)(XVII)''. (6) Section 1916(I) of such Act (42 U.S.C. 1396o(I)) is amended in paragraphs (1) and (3), by striking ``1902(a)(10)(A)(ii)(XIX)'' and inserting ``1902(a)(10)(A)(ii)(XVIII)'' each place it appears. (7) Section 1916A(b)(3) of such Act (42 U.S.C. 1396o- 1(b)(3)) is amended in subparagraphs (A)(v) and (B)(vii), by striking ``1902(a)(10)(A)(ii)(XVIII)'' and inserting ``1902(a)(10)(A)(ii)(XVII)'' each place it appears. (8) Section 1937(a)(2)(B)(x) of such Act (42 U.S.C. 1396u- 7(a)(2)(B)(x)) is amended by striking ``1902(a)(10)(A)(ii)(XVIII)'' and inserting ``1902(a)(10)(A)(ii)(XVII)''. (c) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by subsections (a) and (b) shall apply to calendar quarters beginning on or after October 1, 2007, without regard to whether or not final regulations to carry out such amendments have been promulgated by such date. (2) Exception if state legislation required.--In the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirement imposed by the amendments made by subsection (a), the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet this additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.

Medicaid Foster Care Coverage Act of 2007 - Amends title XIX (Medicaid) of the Social Security Act to establish independent foster care adolescents as a mandatory category of individuals for coverage under state Medicaid programs.

To amend title XIX of the Social Security Act to establish independent foster care adolescents as a mandatory category (and not an optional category) of individuals for coverage under State Medicaid programs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Egypt Accountability and Democracy Promotion Act''. SEC. 2. DECLARATION OF POLICY. The policy of the United States shall be to use its foreign assistance for Egypt, including the ``Foreign Military Financing'' program, to advance United States national security interests in Egypt, including encouraging the advancement of political, economic, and religious freedom in Egypt. SEC. 3. LIMITATION ON SECURITY ASSISTANCE TO THE GOVERNMENT OF EGYPT. (a) Limitation.--Of the amounts available for assistance for Egypt under section 23 of the Arms Export Control Act (22 U.S.C. 2763; relating to the ``Foreign Military Financing'' program)-- (1) 10 percent of that amount shall be withheld from the Government of Egypt unless, not later than 30 days after the enactment of this Act, the Secretary of State has made the certification described in subsection (c); (2) 50 percent of that amount shall be withheld from the Government of Egypt if a further period of 30 days has elapsed immediately following the 30-day period described in paragraph (1) without a certification described in subsection (c) being in effect; and (3) 100 percent of that amount shall be withheld from the Government of Egypt if a further period of 120 days has elapsed immediately following the 30-day period described in paragraph (2) without a certification described in subsection (c) being in effect. (b) Report.--If the Secretary of State is unable to make the certification described in subsection (c) and applies the withholding of funds described in paragraph (1), (2), or (3) of subsection (a), as the case may be, the Secretary shall transmit to the appropriate congressional committees a report that contains the reasons therefor. (c) Certification.--A certification described in this subsection is a certification transmitted by the Secretary of State to the appropriate congressional committees that contains a determination of the Secretary that-- (1)(A) the Government of Egypt is not directly or indirectly controlled by or under the influence of a foreign terrorist organization, its affiliates, or its supporters; and (B) no member, affiliate, or supporter of a foreign terrorist organization serves in a policy-making position in a ministry, agency, or instrumentality of the Government of Egypt; (2) the Government of Egypt-- (A) has adopted and fully implemented legal reforms that protect the political, economic, and religious freedoms and human rights of all citizens and residents of Egypt; and (B) is not acting to restrict the political, economic, or religious freedoms and human rights of the citizens and residents of Egypt; (3) the Government of Egypt is fully implementing the Israel-Egypt Peace Treaty; and (4) the Government of Egypt is taking concrete, verifiable steps to detect and destroy the smuggling network and tunnels between Egypt and the Gaza Strip and to crack down on violent extremist groups and activities in the Sinai Peninsula. (d) Recertifications.--Not later than 90 days after the date on which the Secretary of State transmits to the appropriate congressional committees an initial certification under subsection (c), and every 6 months thereafter-- (1) the Secretary shall transmit to the appropriate congressional committees a recertification that the requirements contained in subsection (c) are continuing to be met; or (2) if the Secretary is unable to make such a recertification, the Secretary shall apply the withholding of funds described in paragraph (1), (2), or (3) of subsection (a), as the case may be, and the Secretary shall transmit to the appropriate congressional committees a report that contains the reasons therefor. (e) Waiver.--The Secretary of State may waive the limitation in subsection (a)(3) for one or more 90-day periods with respect to up to 50 percent of the amount required to be withheld under such subsection if, for each such 90-day period, the Secretary determines and certifies to the appropriate congressional committees that it is in the national security interests of the United States to do so and transmits to the appropriate congressional committees a report with detailed reasoning for the determination and certification. (f) Transfer of Certain Interest for Egypt.--Any interest earned from amounts in an interest bearing account for Egypt to which funds made available under section 23 of the Arms Export Control Act (22 U.S.C. 2763; relating to the ``Foreign Military Financing'' program) shall be-- (1) transferred to and consolidated with amounts available for assistance for the Middle East Partnership Initiative under chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.; relating to the ``Economic Support Fund''); and (2) allocated for democracy and governance programs for Egypt, including direct support for secular, democratic nongovernmental organizations. (g) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report that includes the following: (1) A description of the strategic objectives of the United States regarding the provision of United States security assistance to the Government of Egypt. (2) A description of biennial outlays of United States security assistance to the Government of Egypt for the purposes of strategic planning, training, provision of equipment, and construction of facilities, including funding streams. (3) A description of vetting and end-user monitoring systems in place by both Egypt and the United States for defense articles and training provided by the United States, including human rights vetting. (4) A description of actions that the Government of Egypt is taking to-- (A) fully implement the Egypt-Israel peace treaty; (B) detect and destroy the smuggling network and tunnels between Egypt and the Gaza Strip and to crack down on violent extremist groups and activities in the Sinai Peninsula; (C) repudiate, combat, and stop incitement to violence against the United States and United States citizens and prohibit the transmission within its domains of satellite television or radio channels that broadcast such incitement; and (D) adopt and implement legal reforms that protect the religious and democratic freedoms of all citizens and residents of Egypt. (5) Recommendations, including with respect to required resources and actions, to maximize the effectiveness of United States security assistance provided to Egypt. (h) GAO Report.--Not later than 120 days after the date of the submission of the report required under subsection (f), the Comptroller General of the United States shall submit to the appropriate congressional committees a report that-- (1) reviews and comments on the report required under subsection (f); and (2) provides recommendations regarding additional actions with respect to the provision of United States security assistance to Egypt, if necessary. (i) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Affairs of the House of Representatives; and (2) the Committee on Foreign Relations of the Senate. SEC. 4. LIMITATION ON ECONOMIC ASSISTANCE TO EGYPT. (a) Limitation.--Of the amounts available for assistance for Egypt under chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.; relating to the ``Economic Support Fund''), none of that amount may be provided for direct or indirect assistance to the Government of Egypt unless a certification described in section 3(c) is in effect. (b) Reallocation.--During a period in which a certification described in section 3(c) is not in effect, amounts that may not be provided for direct or indirect assistance to the Government of Egypt pursuant to the limitation under subsection (a) shall be reallocated for democracy and governance programs for Egypt, including direct support for secular, democratic nongovernmental organizations, as well as programming and support for rule of law and human rights, good governance, political competition and consensus-building, and civil society. SEC. 5. GOVERNMENT OF EGYPT DEFINED. In this Act, the term ``Government of Egypt'' means any person, agent, instrumentality, or official of, is affiliated with, or is serving as a representative of the Government of Egypt.

Egypt Accountability and Democracy Promotion Act - States that U.S. policy shall be to use its foreign assistance for Egypt to advance U.S. national security interests in Egypt, including encouraging the advancement of political, economic, and religious freedom in Egypt. Limits specified security and economic assistance to Egypt unless the Secretary of State certifies to Congress every six months that the Egyptian government: (1) is not controlled by or under the influence of a foreign terrorist organization, or that no supporter of a foreign terrorist organization serves in a policy-making position in the government; (2) has implemented legal reforms that protect the political, economic, and religious freedoms and human rights of all citizens and residents of Egypt; (3) is fully implementing the Israel-Egypt Peace Treaty; and (4) is taking verifiable steps to destroy the smuggling network and tunnels between Egypt and the Gaza Strip, and is cracking down on extremist groups in the Sinai Peninsula. Provides for a limited national security waiver of such restrictions. Sets forth reporting requirements.

To condition security assistance and economic assistance to the Government of Egypt in order to advance United States national security interests in Egypt, including encouraging the advancement of political, economic, and religious freedom in Egypt.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Halt Index Trading of Energy Commodities (HITEC) Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Investment in our commodities markets has grown dramatically in recent years. While the volume of futures contracts traded in the United States was only 630,000,000 in 1998, that volume ballooned to over 3,200,000,000 in 2007. (2) According to testimony provided to the Committee on Natural Resources of the House of Representatives, this growth in volume has been accompanied by a huge increase in the percentage of commodity futures contracts owned by speculators. While physical hedgers used to account for 70 percent of futures contracts and speculators accounted for just 30 percent, those numbers have reversed, and speculators now possess 70 percent of all open commodity futures contracts. (3) Almost all of this increase in speculation has been caused by a surge in trading of commodity index funds. (4) Commodity index trading is investing in funds or other financial products which are indexed to changes in value of various commodities traded on commodity markets in the United States. These funds can be tied to a basket of different commodities or just to a single commodity. (5) Investment in funds tied to these indexes has grown enormously in the last 2 decades. According to the Commodity Futures Trading Commission, a partial tally of net long positions in United States markets in these indexes reached to over $160,000,000,000 in February 2012, and net long positions in West Texas Intermediate Crude Oil reached to over $39,000,000,000. Many of the investors in these funds are institutional clients, such as pension funds and universities. (6) The vast majority of investors in commodity index funds do not use the commodities involved. These investors are only interested in profiting from a rise in value of the commodities and must sell their interests in the commodities before the futures contracts they own close. This practice, known as rolling, causes hundreds of billions of dollars of additional trading to flow through our commodities markets each month, artificially increasing the volatility of our markets and driving up prices for many of our commodities, including crude oil. (7) Because our commodities markets are tied to the actual retail prices of our commodities, the artificial and excessive levels of speculation have significantly increased the retail prices our citizens pay for their commodities. In the case of oil, excessive speculation may have added nearly $1.00 to the per gallon price of gasoline. (8) As sharp increases in energy costs reduce economic growth, these commodity index funds are creating a weight on the overall economy, threatening to delay our Nation's full recovery from the 2008 financial crisis and recession. (9) Thus, commodity index funds hurt economic growth and consumer's wallets. (10) In the Dodd-Frank Wall Street Reform Act, Congress ordered the Commodity Futures Trading Commission to limit the number of positions that a person or a class of persons may hold in the commodities markets. Congress has taken initial steps to set boundaries on commodity trading, but more must be done to address the role of commodity index funds in the energy commodity markets. (11) Because oil prices have been at elevated levels for much of the last year, Congress believes the situation is an emergency and warrants immediate action to ban commodity index trading in energy commodities. SEC. 3. PREVENTION OF EXCESSIVE SPECULATION IN ENERGY COMMODITIES. Section 4c of the Commodity Exchange Act (7 U.S.C. 6c) is amended by adding at the end the following: ``(h)(1)(A) It shall be unlawful for a commodity index fund to engage in a transaction involving an energy commodity if any person investing in the fund is an excluded investor. ``(B) It shall be unlawful for an energy commodity index fund to accept an investment from a person who is an excluded investor. ``(C) Beginning 2 years after the date of the enactment of this subsection, it shall be unlawful for a commodity index fund to hold an investment in an energy commodity if any person investing in the fund is an excluded investor. ``(2) In this subsection: ``(A) The term `commodity index fund' means a fund that consists principally of swaps involving, or contracts of sale for future delivery of, more than 1 commodity, the value or level of which is based, in whole or in part, on the value or level of more than 1 commodity, and that transfers, as between the parties to the transaction, in whole or in part, the financial risk associated with a future change in any such value or level. ``(B) The term `energy commodity index fund' means a commodity index fund that consists principally of swaps involving, or contracts of sale for future delivery of, more than 1 energy commodity. ``(C) The term `energy commodity' means crude oil, natural gas, or any other product (other than an agricultural commodity) that is produced or refined, in whole or in part, from crude oil or natural gas and that may be used as fuel for a power source of any kind, but does not include electricity. ``(D) The term `excluded investor' means a person with respect to whom there is no position in at least 1 energy commodity which, if held by the person, would be considered a bona fide hedging position (within the meaning of section 4a(c)(1)). ``(E) The term `swap' shall have the meaning the term would have if the provisions of title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act defining, and authorizing further definition of, the term were in effect.''.

Halt Index Trading of Energy Commodities (HITEC) Act - Amends the Commodity Exchange Act to declare unlawful for: (1) a commodity index fund to engage in an energy commodity transaction if any person investing in the fund is an excluded investor, (2) an energy commodity index fund to accept an investment from a person who is an excluded investor, or (3) a commodity index fund to hold an investment in an energy commodity if any person investing in the fund is an excluded investor. Defines "excluded investor" as a person with respect to whom there is no position in an energy commodity which, if held by the person, would be considered a bona fide hedging position.

Halt Index Trading of Energy Commodities (HITEC) Act

SECTION 1. TREATMENT OF REHABILITATION CREDIT UNDER PASSIVE ACTIVITY LIMITATIONS. (a) General Rule.--Paragraphs (2) and (3) of section 469(i) of the Internal Revenue Code of 1986 (relating to $25,000 offset for rental real estate activities) are amended to read as follows: ``(2) Dollar limitations.-- ``(A) In general.--Except as otherwise provided in this paragraph, the aggregate amount to which paragraph (1) applies for any taxable year shall not exceed $25,000 reduced (but not below zero) by 50 percent of the amount (if any) by which the adjusted gross income of the taxpayer for the taxable year exceeds $100,000. ``(B) Phaseout not applicable to low-income housing credit.--In the case of the portion of the passive activity credit for any taxable year which is attributable to any credit determined under section 42-- ``(i) subparagraph (A) shall not apply, and ``(ii) paragraph (1) shall not apply to the extent that the deduction equivalent of such portion exceeds-- ``(I) 25,000, reduced by ``(II) the aggregate amount of the passive activity loss (and the deduction equivalent of any passive activity credit which is not so attributable and is not attributable to the rehabilitation credit determined under section 47) to which paragraph (1) applies after the application of subparagraph (A). ``(C) $65,000 limit for rehabilitation credits.--In the case of the portion of the passive activity credit for any taxable year which is attributable to the rehabilitation credit determined under section 47-- ``(i) subparagraph (A) shall not apply, and ``(ii) paragraph (1) shall not apply to the extent that the deduction equivalent of such portion exceeds-- ``(I) $65,000, reduced by ``(II) the aggregate amount of the passive activity loss (and the deduction equivalent of any passive activity credit which is not so attributable) to which paragraph (1) applies for the taxable year after the application of subparagraphs (A) and (B). ``(3) Adjusted gross income.--For purposes of paragraph (2)(A), adjusted gross income shall be determined without regard to-- ``(A) any amount includable in gross income under section 86, ``(B) any amount excludable from gross income under section 135, ``(C) any amount allowable as a deduction under section 219, and ``(D) any passive activity loss.'' (b) Conforming Amendments.-- (1) Subparagraph (B) of section 469(i)(4) of such Code is amended to read as follows: ``(B) Reduction for surviving spouse's exemption.-- For purposes of subparagraph (A), the $25,000 amounts under paragraph (2)(A) and (2)(B)(ii) and the $65,000 amount under paragraph (2)(C)(ii) shall each be reduced by the amount of the exemption under paragraph (1) (determined without regard to the reduction contained in paragraph (2)(A)) which is allowable to the surviving spouse of the decedent for the taxable year ending with or within the taxable year of the estate.'' (2) Subparagraph (A) of section 469(i)(5) of such Code is amended by striking clauses (i), (ii), and (iii) and inserting the following: ``(i) `$12,500' for `$25,000' in subparagraphs (A) and (B)(ii) of paragraph (2), ``(ii) `$50,000' for `$100,000' in paragraph (2)(A)'', and ``(iii) `$32,500' for `$65,000' in paragraph (2)(C)(ii).'' (3) The subsection heading for subsection (i) of section 469 of such Code is amended by striking ``$25,000''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 1992, in taxable years ending after such date.

Amends the Internal Revenue Code with respect to the offset for rental real estate activities under passive activity rules to increase the rehabilitation credit under such rules.

To amend the Internal Revenue Code of 1986 with respect to the treatment of the rehabilitation credit under the passive activity limitations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cytology Proficiency Improvement Act of 2007''. SEC. 2. REVISED STANDARDS FOR QUALITY ASSURANCE IN SCREENING AND EVALUATION OF GYNECOLOGIC CYTOLOGY PREPARATIONS. (a) In General.--Section 353(f)(4)(B)(iv) of the Public Health Service Act (42 U.S.C. 263a(f)(4)(B)(iv)) is amended to read as follows: ``(iv) requirements that each clinical laboratory-- ``(I) ensure that all individuals involved in screening and interpreting cytological preparations at the laboratory participate annually in a continuing medical education program in gynecologic cytology that-- ``(aa) is approved by the Accrediting Council for Continuing Medical Education or the American Academy of Continuing Medical Education; and ``(bb) provides each individual participating in the program with gynecologic cytological preparations (in the form of referenced glass slides or equivalent technologies) designed to improve the locator, recognition, and interpretive skills of the individual; ``(II) maintain a record of the cytology continuing medical education program results for each individual involved in screening and interpreting cytological preparations at the laboratory; ``(III) provide that the laboratory director shall take into account such results and other performance metrics in reviewing the performance of individuals involved in screening and interpreting cytological preparations at the laboratory and, when necessary, identify needs for remedial training or a corrective action plan to improve skills; and ``(IV) submit the continuing education program results for each individual and, if appropriate, plans for corrective action or remedial training in a timely manner to the laboratory's accrediting organization for purposes of review and on-going monitoring by the accrediting organization, including reviews of the continuing medical education program results during on-site inspections of the laboratory.''. (b) Effective Date and Implementation; Termination of Current Program of Individual Proficiency Testing.-- (1) Effective date and implementation.--Except as provided in paragraph (2), the amendment made by subsection (a) applies to gynecologic cytology services provided on or after the first day of the calendar year beginning 1 year after the date of the enactment of this Act, and the Secretary of Health and Human Services (hereafter in this subsection referred to as the ``Secretary'') shall issue final regulations implementing such amendment not later than 270 days after such date of enactment. (2) Termination of current individual testing program.--The Secretary shall terminate the individual proficiency testing program established pursuant to section 353(f)(4)(B)(iv) of the Public Health Service Act (42 U.S.C. 263a(f)(4)(B)(iv)), as in effect on the day before the date of enactment of subsection (a), at the end of the calendar year which includes the date of enactment of the amendment made by subsection (a).

Cytology Proficiency Improvement Act of 2007 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to revise national quality assurance standards to assure consistent performance by laboratories of valid and reliable cytology services, to include requirements that each clinical laboratory: (1) ensure that all individuals involved in screening and interpreting cytological preparations participate annually in an approved continuing medical education program in gynecologic cytology that provides each participant with gynecologic cytological preparations designed to improve locator, recognition, and interpretive skills; (2) maintain a record of program results; (3) require the laboratory director to consider such results and other performance metrics in reviewing the performance of individuals involved in screening and interpreting cytological preparations; and (4) submit the continuing education program results for each individual and plans for corrective action or remedial training in a timely manner to the laboratory's accrediting organization for purposes of review and ongoing monitoring. Requires the Secretary to terminate individual proficiency testing that was in effect before enactment of this Act.

A bill to amend the Public Health Service Act to provide revised standards for quality assurance in screening and evaluation of gynecologic cytology preparations, and for other purposes.

SECTION 1. EXCLUSION FROM FEDERAL EMPLOYERS' LIABILITY ACT AND RAILWAY LABOR ACT. LIRR police officers shall not be considered employees of a common carrier by railroad for purposes of the Act entitled ``An Act relating to the liability of common carriers by railroad to their employees in certain cases'', enacted April 22, 1908 (popularly known as the Employers' Liability Act) and shall not be considered employees of a carrier for purposes of the Railway Labor Act. SEC. 2. EXCLUSION FROM RAILROAD RETIREMENT ACT OF 1974, RAILROAD UNEMPLOYMENT INSURANCE ACT, AND RELATED TAXES. (a) Exclusion From Railroad Retirement Act of 1974 and Railroad Unemployment Insurance Act.--For purposes of the Railroad Retirement Act of 1974 and the Railroad Unemployment Insurance Act, a covered LIRR police officer shall not, as such, be considered an employee (as defined therein). (b) Exclusion From Railroad Retirement Tax Act.--For purposes of the Railroad Retirement Tax Act, a covered LIRR police officer shall not, as such, be considered an employee or employee representative (as defined therein). (c) Railroad Unemployment Repayment Tax.--For purposes of chapter 23A of the Internal Revenue Code of 1986, remuneration paid by the LIRR or any employee organization to any covered LIRR police officer as such shall not be treated as rail wages (as defined therein). SEC. 3. CLARIFICATION OF TAX TREATMENT. (a) In General.-- (1) In general.--No amount shall be includible in the gross income of any covered LIRR police officer (or any beneficiary thereof) by reason of-- (A) any transfer of assets in furtherance of the controlling agreement to the N.Y. System from any pension plan maintained by the LIRR, or (B) any payment by the LIRR to the N.Y. System pursuant to such agreement, in connection with the cancellation of such officer's rights under the Additional Plan. (2) Limitation.--Paragraph (1) shall not apply with respect to a covered LIRR police officer to the extent that the aggregate of the transfers and payments referred to in paragraph (1) with respect to such officer exceeds the amount deemed necessary under the N.Y. System to fund such officer's accrued benefit under the N.Y. System attributable to service performed while a participant in the Additional Plan. (b) Benefits Accruing Under N.Y. System.--For purposes of determining the Federal taxation of benefits accrued by a covered LIRR police officer under the N.Y. System by reason of the performance of services after ceasing to accrue benefits under the Additional Plan, the choice which such officer has of coverage under the N.Y. System rather than the Additional Plan shall not be treated as a cash or deferred election under a cash or deferred arrangement for purposes of section 401(k) of the Internal Revenue Code of 1986. (c) Controlling Agreement.--For purposes of this section, the term ``controlling agreement'' means the collective bargaining agreement made June 30, 1989, by and between the LIRR and The Long Island Rail Road Company Police Benevolent Association, including the agreement made October 10, 1990, by and between such parties to further the implementation of Article XXXVI of such collective bargaining agreement. (d) Additional Plan.--For purposes of this section, the term ``Additional Plan'' means The Long Island Rail Road Company Plan for Additional Pensions. SEC. 4. DEFINITIONS. For purposes of this Act-- (1) the term ``covered LIRR police officer'' means an LIRR police officer who is accruing or entitled to benefits under the N.Y. System, based on service as an LIRR police officer; (2) the term ``LIRR'' means The Long Island Rail Road Company, a public benefit corporation of the State of New York; (3) the term ``LIRR police officer'' means-- (A) any person who on or after the effective date of section 389 of the Retirement and Social Security Law of the State of New York holds an appointment as a police officer in the LIRR police department pursuant to section 88 of the Railroad Law of the State of New York; and (B) any probationary police officer in that department who is expected to hold such an appointment after completing the requisite training, whose initial employment with that department was in the position of such a probationary officer or as a patrolman, policewoman, sergeant, lieutenant, or detective, or any successor title to any of the foregoing positions; and (4) the term ``N.Y. System'' means the New York State and local Police and Fire retirement system. SEC. 5. EFFECTIVE DATE. This Act shall take effect on the first day of the first calendar month following receipt by the comptroller of the State of New York of the election by the LIRR, pursuant to subdivision b of section 331 of the Retirement and Social Security Law of the State of New York, to participate in the N.Y. System.

Excludes police officers employed by The Long Island Rail Road Company (LIRR) from coverage under the Employers' Liability Act, Railway Labor Act, Railroad Retirement Act of 1974, Railroad Unemployment Insurance Act, Railroad Retirement Tax Act, and Railroad Unemployment Repayment Tax provisions of the Internal Revenue Code. Sets forth requirements regarding the tax treatment of covered LIRR police officers (or their beneficiaries), including provisions relating to Federal taxation of benefits accrued by covered LIRR police officers under the New York State and Local Police and Fire Retirement System with respect to a controlling collective bargaining agreement and an additional plan.

To remove police officers employed by The Long Island Rail Road Company from coverage under the Employer's Liability Act, the Railway Labor Act, the Railroad Retirement Act, and the Railroad Unemployment Insurance Act, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``U.S.A. AAA Credit Restoration Act''. SEC. 2. AMENDMENT TO TITLE 31. Section 3101(b) of title 31, United States Code, is amended to read as follows: ``(b) Limit.-- ``(1) In general.--Notwithstanding any other provision of law, the face amount of obligations issued under this chapter and the face amount of obligations whose principal and interest are guaranteed by the United States Government (except guaranteed obligations held by the Secretary of the Treasury) may not be more than an amount determined by the Secretary, as provided by this section. ``(2) Secretarial message.-- ``(A) Timing.--On the same day the President submits a budget to Congress as required by section 1105 the Secretary shall submit to the Congress a message on the public debt limit. ``(B) Contents.--The message shall include an estimate of the amount the public debt limit will need to be increased, if necessary, for the period of time between the submission of the current Secretarial message and the Secretarial message that will be submitted the following year, as required by subparagraph (A), based on estimates of Federal revenues, mandatory expenditures, and discretionary expenditures. ``(3) Federal register notice.--On the same day the Secretary submits the message described in paragraph (2), the Secretary shall publish in the Federal Register the amount of the public debt limit that would be necessary to accommodate the requirements described in paragraph (2)(B). ``(4) Congressional disapproval process.-- ``(A) Joint resolution.--For purposes of this section, the term `joint resolution' means only a joint resolution introduced in the period beginning on the date on which the notice described in paragraph (3) is published in the Federal Register and ending 3 days thereafter (excluding days either House of Congress is adjourned for more than 3 days during a session of Congress), the matter after the resolving clause of which is as follows: `That Congress disapproves of the Secretary's exercise of authority to increase the debt limit, as exercised pursuant to the certification under section 3101(b) of title 31, United States Code.'. ``(B) Expedited consideration in house of representatives.-- ``(i) Reconvening.--Upon publication of the Federal Register notice described in paragraph (3) the Speaker, if the House would otherwise be adjourned, shall notify the Members of the House that, pursuant to this subsection, the House shall convene not later than the second calendar day after receipt of such certification. ``(ii) Reporting and discharge.--If the committee to which is referred a joint resolution described in subparagraph (A) has not reported such joint resolution at the end of 6 calendar days after the publication of the Federal Register notice described in paragraph (3), such committee may be discharged from further consideration of such joint resolution upon a petition supported in writing by 218 Members of the House of Representatives, and such joint resolution shall be placed on the calendar. ``(iii) Timing.--A petition to discharge the joint resolution must be filed no later than 6 calendar days after the publication of the Federal Register notice described in paragraph (3). ``(iv) Proceeding to consideration.--After each committee authorized to consider a joint resolution reports it to the House or has been discharged from its consideration, it shall be in order, not later than the 3 calendar days after the joint resolution under subparagraph (A) is reported or discharged, to move to proceed to consider the joint resolution in the House. All points of order against the motion are waived. Such a motion shall not be in order after the House has disposed of a motion to proceed on a joint resolution addressing a particular submission. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. The motion shall not be debatable. A motion to reconsider the vote by which the motion is disposed of shall not be in order. ``(v) Consideration.--The joint resolution shall be considered as read. All points of order against the joint resolution and against its consideration are waived. The previous question shall be considered as ordered on the joint resolution to its passage without intervening motion except two hours of debate equally divided and controlled by the proponent and an opponent. A motion to reconsider the vote on passage of the joint resolution shall not be in order. ``(C) Expedited procedure in the senate.-- ``(i) Reconvening.--Upon publication of the Federal Register notice described in paragraph (3), if the Senate has adjourned or recessed for more than 2 days, the majority leader of the Senate, after consultation with the minority leader of the Senate, shall notify the Members of the Senate that, pursuant to this section, the Senate shall convene not later than the second calendar day after publication of such notice. ``(ii) Reporting and discharge.--If the committee to which is referred a joint resolution described in subparagraph (A) has not reported such joint resolution at the end of 6 calendar days after the publication of Federal Register notice described in paragraph (3), such committee may be discharged from further consideration of such joint resolution upon a petition supported in writing by 40 Members of the Senate, and such joint resolution shall be placed on the calendar. ``(iii) Timing.--A petition to discharge the joint resolution must be filed no later than 6 calendar days after the publication of the Federal Register notice described in paragraph (3). ``(iv) Proceeding to consideration.--When the committee to which a joint resolution described in subparagraph (A) is referred has reported, or when a committee is discharged, it is at any time thereafter in order for a motion to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the joint resolution shall remain the unfinished business of the Senate until disposed of. ``(v) Consideration.--Consideration of the joint resolution described in subparagraph (A) and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the joint resolution. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order. ``(vi) Vote on passage.--If the Senate has voted to proceed to the joint resolution described in subparagraph (A), the vote on passage of the joint resolution shall occur immediately following the conclusion of consideration of the joint resolution, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate. ``(vii) Rulings of the chair on procedure.--Appeals from the decisions of the Chair relating to the application of the rules of the Senate to the procedure relating to a joint resolution described in subparagraph (A) shall be decided without debate. ``(D) Amendment not in order.--A joint resolution considered pursuant to this subsection shall not be subject to amendment in either the House of Representatives or the Senate. ``(E) Coordination with action by other house.--If, before passing the joint resolution described in subsection (A), one House receives from the other a joint resolution-- ``(i) the joint resolution of the other House shall not be referred to a committee; ``(ii) the procedure in the receiving House shall be the same as if no joint resolution had been received from the other House until the vote on passage, when the joint resolution received from the other House shall supplant the joint resolution of the receiving House; ``(iii) if the Senate fails to introduce or consider a joint resolution under this section, the joint resolution of the House shall be entitled to expedited floor procedures under this section; ``(iv) if, following passage of the joint resolution in the Senate, the Senate then receives the companion measure from the House of Representatives, the companion measure shall not be debatable; and ``(v) debate on a veto message in the Senate under this section shall be 1 hour equally divided between the majority and minority leaders or their designees. ``(F) Rules of house of representatives and senate.--This paragraph is enacted by Congress-- ``(i) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution, and it supersedes other rules only to the extent that it is inconsistent with such rules; and ``(ii) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.''. SEC. 3. EFFECTIVE DATE. The amendment made by section 2 shall take effect January 1, 2013.

U.S.A. AAA Credit Restoration Act - Directs the Secretary of the Treasury, on the same day the President submits an annual budget proposal to Congress, to submit to Congress a message on the public debt limit. Requires the Secretary to: (1) include an estimate of the amount that the public debt limit will need to be increased, if necessary, for the next year based on estimates of federal revenues and mandatory and discretionary expenditures; and (2) publish in the Federal Register the amount of the debt limit necessary to accommodate such requirements. Allows the proposed debt limit increase to become law unless Congress disapproves. Sets forth an expedited process for congressional consideration of a joint resolution to disapprove of the Secretary's exercise of authority to increase the debt limit (thereby replacing the current procedure for increasing the debt limit under the congressional budget process).

A bill to establish a timely and expeditious process for voting on the statutory debt limit.

SECTION 1. SHORT TITLE. This Act may be cited as the ``North Korea Nonproliferation and Accountability Act of 2013''. SEC. 2. FINDINGS. Congress makes the following findings: (1) On February 12, 2013, the Government of North Korea declared that it had conducted its third test of a nuclear device, following its first self-declared test on October 9, 2006, and its second test on May 25, 2009. (2) United Nations Security Council Resolution 1718, adopted on October 14, 2006, condemned the nuclear test proclaimed by North Korea on October 9, 2006, in flagrant disregard of its relevant resolutions, in particular Security Council Resolution 1695 (2006), and demanded that North Korea not conduct any further nuclear test or launch of a ballistic missile; immediately retract its announcement of withdrawal from the Treaty on the Non-Proliferation of Nuclear Weapons, done at Washington, London, and Moscow July 1, 1968, and entered into force March 5, 1970 (NPT); and return to the NPT and International Atomic Energy Agency (IAEA) safeguards. (3) United Nations Security Council Resolution 1718 further decided that North Korea shall suspend all activities related to its ballistic missile program and in this context re- establish its pre-existing commitments to a moratorium on missile launching; shall abandon all nuclear weapons and existing nuclear programs in a complete, verifiable, and irreversible manner; shall act strictly in accordance with the obligations applicable to parties under the NPT and the terms and conditions of its IAEA Safeguards Agreement; shall provide the IAEA transparency measures extending beyond these requirements, including such access to individuals, documentation, equipments and facilities as may be required and deemed necessary by the IAEA; and shall abandon all other existing weapons of mass destruction (WMD) and its ballistic missile program in a complete, verifiable, and irreversible manner. (4) United Nations Security Council Resolution 1718 also required United Nations Member States to prevent-- (A) transfers to, and procurement from, North Korea of-- (i) items, materials, equipment, goods, and technology listed in the resolution; and (ii) other items, determined by the Security Council or the 1718 Committee, which could contribute to North Korea's nuclear- related, ballistic missile-related, or other weapons of mass destruction-related programs; (B) certain military equipment or technology transfers related to the prohibited items; and (C) the transfer of luxury goods to North Korea. (5) United Nations Security Council Resolution 1718 further required United Nations Member States to prevent the entry into and transit through their territories of individuals designated by the Security Council or the 1718 Committee as being responsible for North Korea's ballistic missile-related, nuclear-related, or other weapons of mass destruction-related programs, and the immediate freezing of funds, other financial assets, and economic resources of persons or entities designated by the Security Council or the 1718 Committee as being engaged in or providing support for such programs, or by persons or entities acting on their behalf or at their direction. (6) On May 25, 2009, the Government of North Korea declared that it had conducted a second test of a nuclear device. (7) United Nations Security Council Resolution 1874, adopted on June 12, 2009-- (A) decided that North Korea shall abandon all nuclear weapons and existing nuclear programs in a complete, verifiable, and irreversible manner; (B) authorized and required United Nations Member States to seize and dispose of proscribed illicit North Korea items related to its missile, nuclear, and WMD programs identified in inspections called for by the resolution; (C) banned the export to North Korea of all arms and related material other than small arms and light weapons; and (D) decided that Member States shall-- (i) prevent the provision of financial services or the transfer to, through, or from their territory of any financial or other assets or resources that could contribute to North Korea's nuclear-related, ballistic missile-related, or other WMD-related programs or activities; and (ii) deny fuel or supplies to service the vessels carrying them except where necessary on humanitarian grounds. (8) On December 12, 2012, in flagrant defiance of past United Nations Security Council resolutions, the international community, and its Six-Party partners, the Government of North Korea launched a three-stage, long-range missile, which overflew Japanese territory near Okinawa and dropped debris into the Yellow Sea, the East China Sea, and waters adjacent to the Philippines. (9) The United Nations Security Council adopted Security Council Resolution 2087 on January 22, 2013, which condemned North Korea's December 12, 2012, missile launch as a breach of Security Council Resolutions 1718 and 1874, demanded that North Korea ``abandon all nuclear weapons and existing nuclear programs in a complete, verifiable, and irreversible manner,'' and expressed the determination of the Security Council ``to take significant action in the event of a further DPRK launch or nuclear test''. (10) the transition to the leadership of Kim Jong-Un after the death of Kim Jong-Il has introduced new uncertainties, yet the fundamental human rights and humanitarian conditions inside North Korea remain deplorable, thousands of North Koreans remain imprisoned in modern-day gulags, North Korean refugees remain acutely vulnerable, and the findings in the North Korean Human Rights Act of 2004 (Public Law 108-333; 22 U.S.C. 7801 et seq.), the North Korean Human Rights Reauthorization Act of 2008 (Public Law 110-346), and the Ambassador James R. Lilley and Congressman Stephen J. Solarz North Korea Human Rights Reauthorization Act of 2012 (Public Law 112-172) remain substantially accurate today. (11) There has been extensive military cooperation between the Governments of North Korea and Iran that dates back to the 1980s. (12) The latest provocative and defiant action by the Government of North Korea represents a direct threat to the United States and to our regional allies and partners. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the test of a nuclear device by the Government of North Korea on February 12, 2013, and the missile launch of December 12, 2012, represent flagrant violations of the sanctions regime created by United Nations Security Council Resolutions 1695 (2006), 1718 (2006), and 1874 (2009), the test of the nuclear device on February 12, 2013, is a clear, deliberate, and provocative violation of United Nations Security Resolution 2087 (2013), and the Government of North Korea continues to defy the United Nations, its Six-Party partners, and the international community; (2) all Member States of the United Nations should immediately implement and enforce sanctions imposed by these resolutions and censure North Korea; (3) the Government of North Korea should abandon and dismantle its provocative ballistic missile and nuclear weapons programs, cease its proliferation activities, and come into immediate compliance with all United Nations Security Council resolutions and its commitments under the 2005 Joint Statement of the Six-Party Talks; (4) restrictions against the Government of North Korea, including sanctions that ban the importation into the United States of unlicensed North Korean products and goods, should remain in effect until the Government of North Korea no longer engages in activities that threaten the United States, our allies and partners, and global peace and stability; (5) the United States Government should seek a new round of United Nations Security Council sanctions, including the public identification of all North Korean and foreign banks, business, and government agencies suspected of conduct that violates United Nations Security Council resolutions, and implementing necessary measures to ensure enforcement of such sanctions; (6) all United Nations Member States should-- (A) further strengthen efforts to prevent the transfer of military and dual-use technologies to North Korea, including an expansion of the list of sanctioned materials identified by the United Nations Panel of Experts on North Korea sanctions and the items on the Nuclear Suppliers Group lists; (B) exercise enhanced vigilance including monitoring the activities of their nationals, persons in their territories, financial institutions, and other entities with or on behalf of financial institutions in North Korea, or of those that act on behalf or at the direction of financial institutions in North Korea, including their branches, representatives, agents, and subsidiaries abroad; and (C) prevent transshipments that relate to North Korean military, missile, and nuclear programs and proliferation activities; (7) the United States Government should explore appropriate measures by the United States Armed Forces in the Asia-Pacific region, including in partnership with the armed forces of others countries in the region, to safeguard the national interests, security, and livelihood of the United States and its people, as well as those of United States allies and partners in the region; and (8) the United States Government, acting through its appropriate diplomatic representatives, should secure the agreement of the United Nations Human Rights Council and General Assembly to adopt the recommendations made in the February 1, 2013, report of Marzuki Darusman, Special Rapporteur on the situation of human rights in the Democratic People's Republic of Korea, that an inquiry mechanism should be established to investigate North Korea's ``grave, widespread and systematic violations of human rights,'' as well as to analyze whether crimes against humanity are being perpetrated in North Korea. SEC. 4. REPORT. Not later than May 15, 2013, the Secretary of State shall conduct, coordinate, and submit to Congress a comprehensive report on United States policy towards North Korea based on a full and complete interagency review of current policy and possible alternatives, including North Korea's weapons of mass destruction and missile programs and human rights atrocities. The report shall include recommendations for such legislative or administrative action as the Secretary considers appropriate in light of the results of the review. SEC. 5. RULE OF CONSTRUCTION. Nothing in this Act shall be construed as a declaration of war or an authorization for the use of force against North Korea. Passed the Senate February 25, 2013. Attest: NANCY ERICKSON, Secretary.

(This measure has not been amended since it was reported to the Senate on February 14, 2013. North Korea Nonproliferation and Accountability Act of 2013 - Expresses the sense of Congress that: the test of a nuclear device by North Korea on February 12, 2013, and the missile launch of December 12, 2012, represent flagrant violations of the sanctions regime created by United Nations (U.N.) Security Council Resolutions 1695, 1718, and 1874; the February 12, 2013 test of the nuclear device is a clear and provocative violation of Security Resolution 2087; North Korea continues to defy the U.N., its Six-Party partners, and the international community; U.N. member states should implement and enforce sanctions imposed by these resolutions and censure North Korea; North Korea should dismantle its ballistic missile and nuclear weapons programs, cease its proliferation activities, and comply with all relevant resolutions and its commitments; restrictions against North Korea should remain in effect until it no longer threatens the United States, our allies, and global peace; the United States should seek a new round of Security Council sanctions; U.N. member states should strengthen efforts to prevent the transfer of military and dual-use technologies to North Korea, monitor the activities of their nationals, financial institutions, and other entities with or on behalf of North Korean financial institutions, and prevent transshipments that relate to North Korean military, missile, and nuclear programs and proliferation activities; the United States should explore all appropriate measures for enhanced military operations by the U.S. Armed Forces in the Asia-Pacific region in order to safeguard U.S. national interests; and the United States should secure the agreement of the United Nations Human Rights Council (UNHRC) and General Assembly to adopt the recommendations made in the February 2013 report of Marzuki Darusman, Special Rapporteur on the situation of human rights in the Democratic People's Republic of Korea, that an inquiry mechanism should be established to investigate North Korea's systematic violations of human rights, as well as to analyze whether crimes against humanity are being perpetrated in North Korea. Directs the Secretary of State to conduct and submit to Congress a comprehensive report on U.S. policy towards North Korea. States that nothing in this Act shall be construed as a declaration of war or an authorization for the use of force against North Korea.

North Korea Nonproliferation and Accountability Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Influenza Containment Act''. SEC. 2. PURPOSE. The purpose of this Act is to ensure that American workers are able to follow, without financial harm, the recommendations of their employer and public health authorities to stay home when they have symptoms of a contagious disease that may put co-workers, customers, or the public at risk. SEC. 3. PAID SICK LEAVE REQUIREMENT. (a) In General.--An employer who directs an employee to leave work or not to come in to work because the employer believes the employee has symptoms of a contagious illness, or has been in close contact with an individual who has symptoms of a contagious illness, shall provide paid sick leave to the employee for each workday (or portion thereof) the employee complies with such direction, up to a maximum of 5 workdays per 12-month period. (b) Employee Compliance With Employer Direction.--An employee shall be considered to be in compliance with an employer's direction to leave work or not come in to work if the employee leaves work or does not come in to work when the employer instructs or advises the employee to do so because the employer believes that the employee-- (1) has symptoms of a contagious illness; or (2) has been in close contact with an individual who has symptoms of a contagious illness. (c) Duration of Leave.-- (1) In general.--An employee shall be provided paid sick leave (as calculated in accordance with paragraph (2)) by the employer of the employee for each workday (or portion thereof) the employee complies with the employer's direction to leave work or not come in to work, up to a maximum of 5 days per 12- month period. (2) Calculation of paid sick leave.-- (A) Calculation.--The amount of paid sick leave shall be calculated based on the employee's regular rate of pay and the number of hours the employee would otherwise be normally scheduled to work. (B) Guidelines.--The Secretary of Labor shall issue guidelines to assist employers in calculating the amount of paid sick leave under subparagraph (A). (3) Reasonable notice.--After the first workday (or portion thereof) an employee receives paid sick leave under this Act, an employer may require the employee to follow reasonable notice procedures in order to continue receiving such paid sick leave. (4) Employer's termination of paid sick leave.--Paid sick leave provided to an employee under this Act shall cease beginning with the employee's next scheduled workshift immediately following notification by the employer to the employee that the employer believes the employee no longer has symptoms of a contagious illness or poses a threat of contagion to other employees of the employer or to the public. SEC. 4. NOTICE. Each employer shall post and keep posted, in conspicuous places on the premises of the employer where notices to employees are customarily posted, a notice, to be prepared or approved by the Secretary of Labor of the requirements described in this Act. SEC. 5. PROHIBITED ACTS. It shall be unlawful for any employer to discharge, discipline, or in any other manner discriminate against any employee who-- (1) complies, in accordance with this Act, with an employer's direction to leave work or not come in to work; or (2) has filed any complaint or instituted or caused to be instituted any proceeding under or related to this Act (including a proceeding that seeks enforcement of this Act), or has testified or is about to testify in any such proceeding. SEC. 6. ENFORCEMENT. (a) Unpaid Sick Leave.--An employer who fails to pay sick leave in violation of this Act shall-- (1) be considered to have failed to pay minimum wages in violation of section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206); and (2) be subject to the penalties described in section 16 of such Act (29 U.S.C. 216) with respect to such violation. (b) Unlawful Termination.--An employer who willfully violates section 5(2) shall-- (1) be considered to be in violation of section 15(a)(3) of the Fair Labor Standards Act of 1938 (29 U.S.C. 215(a)(3)); and (2) be subject to the penalty described in section 16(a) of such Act (29 U.S.C. 216(a)) with respect to such violation. SEC. 7. RULE OF CONSTRUCTION. Nothing in this Act shall be construed to in any way diminish the rights or benefits that an employee is entitled to under any-- (1) other Federal, State, or local law; (2) collective bargaining agreement; or (3) existing employer policy. SEC. 8. EFFECTIVE DATE. This Act, and the requirements under this Act, shall be effective not later than 15 days after the date of enactment of this Act. SEC. 9. SUNSET. This Act, and the requirements under this Act, shall expire 2 years after the effective date of this Act. SEC. 10. DEFINITIONS. For purposes of the Act: (1) Contagious illness.--The term ``contagious illness'' includes influenza-like-illnesses such as the novel H1N1 virus. (2) Employ; employee.--The terms ``employ'' and ``employee'' have the same meanings given such terms in subsections (e) and (g) of section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203 (e) and (g)). (3) Employer.--The term ``employer'' has the meaning given such term in section 3(d) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(d)), except that the term does not include an employer who-- (A) employs fewer than 15 employees; or (B) with respect to an employee being directed to leave work or not come in to work, provides such employee with at least 5 days of paid sick leave per 12-month period that may be used at such employee's discretion.

Emergency Influenza Containment Act - Declares that it is the purpose of this Act to ensure that American workers are allowed to follow, without financial harm, employer and public health authority recommendations to stay home when they have symptoms of a contagious disease that may put co-workers, customers, or the public at risk. Requires an employer to provide paid sick leave to an employee for each workday, or portion of workday, that the employer directs the employee to leave work, or not come in to work, because the employee has symptoms of a contagious illness, or has been in close contact with an individual who has such symptoms. Limits paid sick leave up to a maximum of 5 days per 12-month period. Makes it unlawful for an employer to discharge, discipline, or otherwise discriminate against an employee who: (1) complies with this Act; or (2) has filed a complaint or instituted a proceeding under this Act, or has testified or is about to testify in such a proceeding. Subjects an employer to certain penalties for unpaid sick leave to, or unlawful termination of, an employee.

To ensure that American workers are able to follow, without financial harm, the recommendations of their employer and public health authorities to stay home when they have symptoms of a contagious disease that may put co-workers, customers, or the public at risk.

SECTION 1. SHORT TITLE. This Act may be cited as the ``State Bioterrorism Preparedness Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) State governments are viewed as strong partners in the United States' national security efforts, particularly as related to domestic terrorism. (2) Information sharing is a critical part of terrorism preparedness activities. (3) Coordination efforts with public, private, nonprofit, and for-profit hospitals and medical providers are essential to the success of preventing the spread of a biological terrorist attack. (4) The Centers for Disease Control and Prevention have implemented a solid structure with which to combat terrorism. However, additional resources and direction are needed to expand upon the program and accelerate its results. (5) There are hundreds of infectious agents and toxins, but only a small subgroup has the physical and biological properties needed for a mass casualty producing biological weapon. (6) Most biological weapons programs concentrate on between 10 and 15 agents sharing the common characteristics of ease of production, infectivity or toxicity, stability during processing, storage and in the environment, and the ability to effectively cause illness or death to an exposed population with anthrax and small pox common to most lists. (7) A comprehensive strategy that involves preventing an attack from occurring and preparing the Federal, State, local and private sectors in case such an attack were to occur is critical to reducing the incidence of fatality if such an attack were to occur. (8) The intelligence community must make far greater use of the biomedical communities in and out of government and the United States national security community should include the medical, public health and human service communities, which all are critical to bioterrorism preparedness and response. (9) Enhancing domestic preparedness by developing a national bioterrorism surveillance and detection capacity, developing and distributing rapid and more reliable diagnostic capabilities and systems, developing a comprehensive strategy for assuring surge capacity for health care, streamlining national pharmaceutical stockpiling efforts, and increasing research and development for new pharmaceuticals, vaccines and antidotes are essential endeavors. (10) Developing a clear strategy for working with the media to help manage public apprehension and panic and to reexamine and modernize the legal framework for epidemic control measures and civil liberties, including working with States to achieve greater harmony at the State and local level with management of new threats must be done. (11) The Administration of President Clinton took the initiative to strengthen the public health infrastructure by creating a pharmaceutical stockpile for civilian use, awarding contracts for new small pox vaccine, researching the development of new and improved diagnostics, drugs and vaccines, helping to train first responders (police, fire fighters and public health officials) and investing in new technologies to help with detection of biological agents, but this effort must be dramatically accelerated and far more money and energy is needed to address the today's threats. SEC. 3. GRANTS TO IMPROVE STATE PREPAREDNESS. (a) In General.--The Secretary of Health and Human Services (referred to in this Act as the ``Secretary''), acting through the Director of the Centers for Disease Control and Prevention, shall award grants to States to enable such States to prepare for and respond to bioterrorism. The grant program established under this section shall be administered through the Bioterrorism Preparedness and Response Initiative. (b) Eligibility.--To be eligible to receive a grant under subsection (a), a State shall prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a plan for preparing for and responding to bioterrorism. Such plan shall include-- (1) a description of the process the State will implement in order to detect and response to bioterrorism, including how the State will manage State detection and response efforts and coordinate with national efforts; (2) an assurance that the State will coordinate with all emergency responders, health care providers, Federal, State and local governmental agencies, and law enforcement personnel during all stages of the State bioterrorism initiative; (3) a description of the activities that the State will conduct to build local infrastructures for the prevention, detection, and response to biological or chemical attacks; (4) a description of State efforts to stockpile medications, vaccines, antibiotics, and medical supplies; (5) an assessment of the threat of biological or chemical attacks in the State; (6) a media and communication plan relating to the dissemination of information to the public to inform the public of any biological or chemical threat without creating panic; (7) a description of the training initiatives that the State will carry out with respect to local emergency personnel, law enforcement officials, and health care providers relating to the detection of and response to a biological or chemical attack; (8) a description of the cleanup and contamination prevention efforts to be implemented in the event of a biological or chemical attack; (9) an assurance that the State will coordinate its bioterrorism efforts with public, private, and faith-based organizations that are able to provide necessary supplies and equipment, such as medical products and personnel; (10) a description of the State mechanisms in place for improving the health care infrastructure in the State through the building of workforce capacity and competency, information and data systems, and up to date health departments and local laboratories; (11) a description of the State procedures for holding practice biological or chemical attack drills and simulations; (12) an assessment of State and local public health laws relating to bioterrorism, and the interaction of such laws with similar Federal laws; (13) the designation of a State official to serve as a liaison to the Office of Homeland Security; and (14) the general goals and needs of the State relating to bioterrorism. (c) Annual Submissions.--A State that receives a grant under this section shall annually submit to the Secretary an updated State plan that contains the information described in paragraphs (1) through (13) of subsection (b). (d) Use of Funds.--A State shall use amounts received under a grant under this section to carry out the State plan under subsection (b). Additionally, a State may use such funds to-- (1) prepare for and prevent a biological or chemical attack; (2) carry out surveillance and detection activities relating to biological or chemical attacks; (3) carry out activities to improve communications and coordination efforts within the State and between the State and the Federal Government; (4) carry out activities to improve emergency response capabilities in the State; and (5) make public health infrastructure improvements, including-- (A) carrying out activities relating to rapid disease detection and investigation; (B) carrying out activities to improve State and local laboratories, including improving biological and chemical agent identification, classification, and characterization (bacteria, viruses, and toxins); (C) carrying out coordinated public health response activities; (D) carrying out activities to improve public health information technology; (E) providing training for health care workers and otherwise addressing staffing needs; (F) the development of comprehensive statewide electronic public health reporting systems; and (G) carrying out cooperative efforts with State and local public and private hospitals; (e) Amount.-- (1) In general.--Except as provided in paragraph (2), the amount of a grant to a State under this section for a fiscal year shall be an amount equal to the sum of-- (A) $5,000,000; and (B) an amount that bears the same ratio to the amount appropriated under subsection (g) for such fiscal year as the total population of the State bears to the total population of all States. (2) Small state minimum.--Subject to the extent of amounts made available under subsection (g), the amount determined under paragraph (1)(B) with respect to a State shall not be less than an amount equal to 1 percent of the amount appropriated for the fiscal year involved. (3) Indian tribes.--The Secretary shall reserve 1 percent of the amount appropriated for each fiscal year under subsection (g) to award grants under this section to Indian tribes and tribal organizations. The Secretary shall develop guidelines to determine the eligibility of such tribes or tribal organizations for a grant under this section. (f) Annual Reports.--Not later than January 1, 2003, and annually thereafter, the General Accounting Office shall prepare and submit to the appropriate committees of Congress, a report concerning the implementation of this section. Such report shall include-- (1) an assessment of the progress made by States in preparing for and being able to respond to a biological or chemical attack; and (2) recommendations for areas in which the States can improve their preparation for, or ability to respond to, a biological or chemical attack. (g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section-- (1) $250,000,000 for each of fiscal years 2002 through 2006, for base allocations under subsection (e)(1)(A); and (2) $200,000,000 for each of fiscal years 2002 through 2006, for allocations based on State population under subsection (e)(1)(B). (h) Definition.--In this section, the term ``State'' means each of the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States. SEC. 4. PROVISION OF INFORMATION BY THE FEDERAL GOVERNMENT. (a) In General.--Each agency of the Federal Government that collects or prepares information of the type described in this subsection shall provide to each State the following-- (1) a description of the probable agents that may be utilized in a biological or chemical attack, the characteristics of such agents, their impact on people, and appropriate risk assessments; (2) model or proposed bioterrorism plans, based on Federal standards and guidelines, for the surveillance, detection, response to, and management of a biological or chemical attack; (3) information relating to biological or chemical attacks that is based on best practices; (4) emergency health information; (5) bioterrorism preparation and response training information; (6) bioterrorism-related emergency information; (7) a list of available resources maintained by public, private, nonprofit, and for-profit entities that have compiled bioterrorism training data and other related information; and (8) in times of war, heightened threat, or risk of war, critical information relating to the health and safety of the State's residents. (b) Coordination.--The Secretary shall coordinate the provision of information under subsection (a) to avoid duplication of efforts. (c) Best Practices.--There is authorized to be appropriated, $50,000,000 in each fiscal year to enable the Director of the Centers for Disease Control and Prevention to continue and enhance the efforts of the Centers in developing best practices relating to biological or chemical attacks. (d) State Security Coordinator.--There shall be established within the Office of Homeland Security, a position to be known as the ``Assistant Director for State Coordination''. The Director of the Office of Homeland Security shall appoint an individual to serve as the Assistant Director and act as a liaison between the Office and the States. SEC. 5. DEVELOPMENT OF COMMUNICATIONS SYSTEMS. (a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention and in consultation with the heads of other Federal departments and agencies, shall-- (1) carry out activities to implement a national communications system, including the establishment of a national electronic infrastructure, to improve the exchange of emergency health information among Federal, State, and local health agencies; (2) develop a national emergency communication plan that ensures the rapid dissemination of health information to the public during actual, threatened, or suspected acts of biological or chemical terrorism; and (3) establish an Internet web-site that contains training information and bioterrorism-related emergency information for use by States. (b) Completion.--Not later than December 31, 2002, the Director of the Centers for Disease Control and Prevention shall complete the system, plan, and web-site described in subsection (a). (c) Authorization of Appropriations.--There is authorized to be appropriated such sums as may be necessary to carry out this section. SEC. 6. SIMULATIONS. (a) Grants.--The Secretary shall award a grant to each State to enable the State to carry out table-top and computer-based biological or chemical attack simulations. (b) Exercises.--Not later than 6 months after the date of enactment of this Act, the Director of the Centers for Disease Control and Prevention shall provide each State with a set of exercises for the simulations to be conducted under subsection (a). (c) Completion.--Not later than December 31, 2002, a State that receives a grant under this section shall complete at least one of the simulations required under subsection (a). (d) Notice Simulations.--The Secretary shall provide for the conduct, in three geographically diverse States that receive a grant under subsection (a), of a biological or chemical attack simulation. Such simulations shall be conducted after notice is provided to the States involved by the Secretary. (e) Authorization of Appropriations.--There is authorized to be appropriated such sums as may be necessary to carry out this section.

State Bioterrorism Preparedness Act - Requires the Secretary of Health and Human Services to award grants to States to enable them to prepare for and respond to bioterrorism.Sets forth requirements regarding: (1) State plans which shall include a description of the State process to detect and respond to bioterrorism and of State efforts to stockpile medications, vaccines, antibiotics, and medical supplies; (2) annual submissions to the Secretary of an updated State plan; (3) permissible uses of grant funds; and (4) fund allocations.Requires specified Federal agencies to provide to States information, including: (1) a description of the probable agents of a biological or chemical attack; and (2) model or proposed bioterrorism plans with respect to such an attack.Establishes within the Office of Homeland Security an Assistant Director for State Coordination.Directs the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to: (1) carry out activities to implement a national communications system; (2) develop a national emergency communication plan; and (3) establish an Internet web-site that contains training, and bioterrorism-related emergency, information.Requires: (1) the Secretary to award grants to each State to carry out table-top and computer-based biological or chemical attack simulations; (2) the CDC Director to provide each State with simulation exercises; (3) each State that receives a grant to complete at least one of the required simulations; and (4) the Secretary to provide for the conduct of a biological or chemical attack simulation in three geographically diverse States that receive a grant.

A bill to assist States in preparing for, and responding to, biological or chemical terrorist attacks.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom to Establish State High Air Quality (FrESH AIR Quality) Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that-- (1) on August 27, 2003, the United States Environmental Protection Agency (EPA) finalized revisions to the new source review regulations under the Clean Air Act excluding from review equipment changes involving fixed capital costs and repair costs that are 20 percent or less of the total replacement value of the affected process unit; (2) there are serious concerns about the expected air pollution consequences of the revisions to the new source review regulations and it is estimated that 17,000 industrial facilities nationwide are affected by the regulatory revisions; (3) in a report dated August 22, 2003, the United States General Accounting Office found that EPA has relied on anecdotal information from the industries most affected by the new source review program to support its conclusion that the program discouraged some energy efficiency projects because the Agency lacked more comprehensive data; (4) the National Academy of Public Administrators, an independent, nonpartisan organization chartered by Congress to improve government, issued an April 21, 2003 report examining the new source review program and recommended that efforts to reform the program should ensure both that new source review provides enhanced protection of health and the environment and should carefully avoid creating even broader loopholes or more exemptions from the program's requirements; (5) the EPA's August 27, 2003 final revisions to the new source review regulations require adoption by states, Indian tribes or municipalities having approved new source review programs within three years and will automatically apply within 60 days of publication of the final revisions in states, Indian tribes and municipalities not having an approved program; (6) the State and Territorial Air Pollution Program Administrators and the Association of Local Air Pollution Control Officials have stated that states and local governments should be allowed to make their own choices regarding the adoption of EPA's revisions to the new source review program based upon the state's or locality's own judgment of what will best serve its local air quality needs; and (7) States, Indian tribes, municipalities, and air pollution control agencies should not be required to implement EPA's August 27, 2003 new source review revisions if they consider that the result would be to lessen the protection of public health or the environment. (b) Purpose.--The purpose of this Act is to preserve the ability of states, Indian tribes, municipalities, and air pollution control agencies to protect the public health and the environment by affording them discretion as to whether or not to implement the August 27, 2003 new source review revisions. SEC. 3. PRESERVATION OF STATE AND TRIBAL AUTHORITY. (a) Prohibitions.--(1) No State, Indian tribe, municipality, or air pollution control agency shall be required to implement or to have implemented in their jurisdiction, the Environmental Protection Agency's August 27, 2003 new source review revisions. (2) No revision of a Federal implementation plan pursuant to the August 27, 2003 new source review revisions shall take effect until the affected State, Indian tribe, municipality, or air pollution control agency notifies the Environmental Protection Agency that it agrees to such revision. (3) Failure of a State, Indian tribe, municipality, or air pollution control agency to implement the August 27, 2003 new source review revisions, or to consent to revision of a Federal implementation plan pursuant to the August 27, 2003 new source review revisions, shall not subject such State, tribe, municipality, or agency to sanctions, the revocation of an approved state implementation plan under the Clean Air Act, or imposition of a new or revised Federal implementation plan under the Clean Air Act. (b) Definitions.--For purposes of this Act: (1) The terms ``air pollution control agency'', ``State'', ``municipality'', and ``Indian tribe'' shall have the same meaning as provided in subsections (b), (d), (f), and (r) of section 302 of the Clean Air Act (42 U.S.C. 7602(b), (d), (f), and (r)). (2) The term ``August 27, 2003 new source review revisions'' means the exclusion to the new source review requirements under the Clean Air Act entitled ``Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Equipment Replacement Provision of the Routine Maintenance, Repair and Replacement Exclusion'' promulgated by the Environmental Protection Agency on August 27, 2003. (3) The term ``Federal implementation plan'' shall have the same meaning as provided in subsection (c)(1) of section 110 of the Clean Air Act (42 U.S.C. 7410(c)(1)) and subsection (y) of section 302 of the Clean Air Act (42 U.S.C. 7602(y)). (c) Effect of Act.--Nothing in this Act affects the retention of State authority under section 116 of the Clean Air Act (42 U.S.C. 7416).

Freedom to Establish State High Air Quality (FrESH AIR Quality) Act - Retains to States, Indian tribes, municipalities, and air pollution control agencies the right to decide whether or not to implement the Environmental Protection Agency's (EPA's) August 27, 2003 new source review revisions.

To preserve the ability of States, Indian tribes, municipalities, and air pollution control agencies to protect the public health and the environment by affording them discretion as to whether or not to implement new source review revisions promulgated by the Environmental Protection Agency on August 27, 2003.

SECTION 1. AVAILABILITY OF CERTAIN AREAS FOR LEASING. Section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) is amended by adding at the end the following: ``(q) Availability of Certain Areas for Leasing.-- ``(1) Definitions.--In this subsection: ``(A) Atlantic coastal state.--The term `Atlantic Coastal State' means each of the States of Maine, New Hampshire, Massachusetts, Connecticut, Rhode Island, Delaware, New York, New Jersey, Maryland, Virginia, North Carolina, South Carolina, Georgia, and Florida. ``(B) Governor.--The term `Governor' means the Governor of the State. ``(C) Qualified revenues.--The term `qualified revenues' means all rentals, royalties, bonus bids, and other sums due and payable to the United States from leases entered into on or after the date of enactment of this Act for natural gas or crude oil (or both) exploration and extraction activities authorized by the Secretary under this subsection. ``(D) State.--The term `State' means the State of Virginia. ``(2) Petition.-- ``(A) In general.--The Governor may submit to the Secretary-- ``(i) a petition requesting that the Secretary issue leases authorizing the conduct of natural gas or crude oil (or both) exploration activities only to ascertain the presence or absence of a natural gas or crude oil (or both) reserve in any area that is at least 50 miles beyond the coastal zone of the State; and ``(ii) if a petition for exploration by the State described in clause (i) has been approved in accordance with paragraph (3) and the geological finding of the exploration justifies extraction, a second petition requesting that the Secretary issue leases authorizing the conduct of natural gas or crude oil (or both) extraction activities in any area that is at least 50 miles beyond the coastal zone of the State. ``(B) Contents.--In any petition under subparagraph (A), the Governor shall include a detailed plan of the proposed exploration and subsequent extraction activities, as applicable. ``(3) Action by secretary.-- ``(A) In general.--Subject to subparagraph (F), as soon as practicable after the date of receipt of a petition under paragraph (2), the Secretary shall approve or deny the petition. ``(B) Requirements for exploration.--The Secretary shall not approve a petition submitted under paragraph (2)(A)(i) unless the State legislature has enacted legislation supporting exploration for natural gas or crude oil, as applicable, in the coastal zone of the State. ``(C) Requirements for extraction.--The Secretary shall not approve a petition submitted under paragraph (2)(A)(ii) unless the State legislature has enacted legislation supporting extraction for natural gas or crude oil, as applicable, in the coastal zone of the State. ``(D) Consistency with legislation.--The plan provided in the petition under paragraph (2)(B) shall be consistent with the legislation described in subparagraph (B) or (C), as applicable. ``(E) Comments from atlantic coastal states.--On receipt of a petition under paragraph (2), the Secretary shall-- ``(i) provide Atlantic Coastal States with an opportunity to provide to the Secretary comments on the petition; and ``(ii) take into consideration, but not be bound by, any comments received under clause (i). ``(F) Conflicts with military operations.--The Secretary shall not approve a petition for a drilling activity under this paragraph if the drilling activity would conflict with any military operation, as determined by the Secretary of Defense. ``(4) Disposition of revenues.--Notwithstanding section 9, for each applicable fiscal year, the Secretary of the Treasury shall deposit-- ``(A) 50 percent of qualified revenues in a Clean Energy Fund in the Treasury, which shall be established by the Secretary; and ``(B) 50 percent of qualified revenues in a special account in the Treasury from which the Secretary shall disburse-- ``(i) 75 percent to the State; ``(ii) 12.5 percent to provide financial assistance to the State in accordance with section 6 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8), which shall be considered income to the Land and Water Conservation Fund for purposes of section 2 of that Act (16 U.S.C. 460l-5); and ``(iii) 12.5 percent to a reserve fund to be used to mitigate for any environmental damage that occurs as a result of extraction activities authorized under this subsection, regardless of whether the damage is-- ``(I) reasonably foreseeable; or ``(II) caused by negligence, natural disasters, or other acts. ``(5) Lines extending seaward and defining the state's adjacent zone.--Notwithstanding the requirement that the President determine and publish projected lines under the first sentence of section 4(a)(2), for purposes of the application of that section with respect to this subsection the lines extending seaward and defining the State's Adjacent Zone are as indicated on the map entitled `Atlantic OCS Region State Adjacent Zones and OCS Planning Areas', dated September 2005 and on file in the Office of the Director, Minerals Management Service. ``(6) Use of funds by virginia.--Amounts paid to Virginia under paragraph (4)(B) shall be used by Virginia for one or more of the following: ``(A) Education. ``(B) Transportation. ``(C) Reducing taxes. ``(D) Coastal and environmental restoration. ``(E) Energy infrastructure and projects. ``(F) Virginia State seismic monitoring programs. ``(G) Alternative energy development. ``(H) Energy efficiency and conservation. ``(I) Hurricane and natural disaster insurance programs.''.

Amends the Outer Continental Shelf Lands Act to authorize the governor of Virginia to petition the Secretary of the Interior for authorization to conduct natural gas or crude oil (or both) exploration and extraction activities in any area that is at least 50 miles beyond the state's coastal zone. Requires the Secretary of the Treasury to deposit into a Clean Energy Fund of 50% of all rentals, royalties, bonus bids, and other sums due and payable to the United States from leases entered into under this Act for natural gas or crude oil (or both) exploration and extraction activities. Requires deposit of the other 50% into a special account in the Treasury from which the Secretary shall disburse: (1) 75% to the state; (2) 12.5% to provide financial assistance to states in accordance with the Land and Water Conservation Fund Act of 1965; and (3) 12.5% to a reserve fund to be used to mitigate for any environmental damage that occur as a result of extraction activities authorized under this Act. Specifies alternative mandatory uses of such funds by Virginia. Declares that the lines extending seaward and defining the state's Adjacent Zone are as indicated on the map entitled "Atlantic OCS Region State Adjacent Zones and OCS Planning Areas," dated September 2005 and on file in the Office of the Director, Minerals Management Service.

To authorize the State of Virginia to petition for authorization to conduct natural gas or crude oil (or both) exploration and extraction activities in any area that is at least 50 miles beyond the coastal zone of the State, and for other purposes.

SECTION 1. RELIQUIDATION OF CERTAIN ENTRIES OF VANADIUM CARBIDES AND VANADIUM CARBONITRIDE. (a) In General.--Notwithstanding sections 514 and 520 of the Tariff Act of 1930 (19 U.S.C. 1514 and 1520) or any other provision of law and subject to the provisions of subsection (b), the United States Customs Service, shall, not later than 180 days after receipt of the request described in subsection (b), liquidate or reliquidate each entry described in subsection (d) containing any merchandise which, at the time of its entry or release from warehouse for consumption, was classified under subheading 2849.90.50 of the Hannonized Tariff Schedule of the United States, at the rate of duty that would have been applicable to such merchandise if the merchandise had been liquidated or reliquidated at the Special rate of duty for such subheading 2849.90.50 on the date of entry without regard to the country of origin of such merchandise. (b) Requests.--Liquidation or reliquidation may be made under subsection (a) with respect to an entry described in subsection (d) only if a request therefor is filed with the Customs Service within 90 days after the date of enactment of this Act and the request contains sufficient information to enable the Customs Service to locate the entry or reconstruct the entry if it cannot be located. (c) Payment of Amounts Owed.--Any amounts owed by the United States pursuant to the liquidation or reliquidation of any entry under subsection (a) shall be paid not later than 90 days after the date of such liquidation or reliquidation. (d) Affected Entries.--The entries referred to in subsection (a), filed at the port of Baltimore, are as follows: ------------------------------------------------------------------------ Estimated Entry date Entry number liquidation date ------------------------------------------------------------------------ 08/07/98 788-3827590-3 06/20/99 08/07/98 788-3827650-5 06/20/99 08/21/98 788-3830120-4 07/01/99 09/18/98 788-3838000-0 07/25/99 09/26/98 788-3842300-8 08/08/99 10/02/98 788-3842310-7 08/16/99 09/26/98 788-3842320-6 08/08/99 10/08/98 788-3844370-9 08/16/99 10/22/98 788-3850440-1 09/01/99 10/22/98 788-3850450-0 09/01/99 11/06/98 788-3853680-9 09/22/99 11/06/98 788-3853690-8 09/22/99 11/13/98 788-3853730-2 10/02/99 11/12/98 788-3855290-5 09/22/99 11/19/98 788-3855300-2 09/27/99 12/27/98 788-3868050-8 11/09/99 02/09/99 788-3877120-8 11/09/99 02/09/99 788-3877130-7 11/09/99 03/05/99 788-3883260-4 12/09/99 03/02/99 788-3883270-3 11/22/99 03/26/99 788-3888540-4 11/26/99 04/01/99 788-3888550-3 12/06/99 04/11/99 788-3889130-3 12/16/99 04/16/99 788-3896360-7 12/26/99 04/30/99 788-3897150-1 01/10/00 04/30/99 788-3897160-0 01/10/00 04/25/99 788-3897170-9 01/18/00 06/11/99 788-3913450-5 02/20/00 06/18/99 788-3915060-0 02/22/00 07/09/99 788-3921190-7 03/08/00 07/12/99 788-3923420-6 03/08/00 07/23/99 788-3925480-8 03/18/00 07/30/99 788-3929180-0 03/28/00 07/30/99 788-3929190-9 03/28/00 08/06/99 788-3929200-6 04/10/00 08/06/99 788-3929210-5 04/10/00 08/13/99 788-3931300-0 04/20/00 08/13/99 788-3931310-9 04/20/00 08/28/99 788-3936980-4 04/28/00 08/20/99 788-3936990-3 04/28/00 09/10/99 788-3938010-5 05/06/00 10/08/99 788-3948100-5 05/22/00 10/08/99 788-3948110-4 05/22/00 10/08/99 788-3948120-3 05/22/00 10/15/99 788-3951910-1 05/28/00 10/15/99 788-3951920-0 05/28/00 10/15/99 788-3951930-9 05/28/00 10/29/99 788-3957960-1 06/01/00 10/29/99 788-3957950-0 06/01/00 11/10/99 788-3959830-3 06/15/00 11/13/99 788-3961730-1 06/18/00 11/13/99 788-3961740-0 06/18/00 12/02/99 788-3966670-4 07/05/00 12/02/99 788-3966680-3 07/05/00 12/13/99 788-3971200-3 07/12/00 12/13/99 788-3971210-2 07/12/00 ------------------------------------------------------------------------

Requires the U.S. Customs Service to liquidate or reliquidate certain entries of vanadium carbines and vanadium carbonitride at a special rate and refund any amounts owed.

A bill to provide for the reliquidation of certain entries of vandium carbides and vandium carbonitride.

SECTION 1. SHORT TITLE. This Act may be cited as the ``SCHIP Extension Act of 2007''. SEC. 2. EXTENSION OF SCHIP. Section 2104 of the Social Security Act (42 U.S.C. 1397dd) is amended-- (1) in subsection (a)-- (A) by striking ``and'' at the end of paragraph (9); (B) by striking the period at the end of paragraph (10) and inserting a semicolon; and (C) by adding at the end the following new paragraph: ``(11) for fiscal year 2008, $5,000,000,000; and ``(12) for the first 6 months of fiscal year 2009, $2,500,000,000.''; and (2) in subsection (c)(4)(B), by striking ``and $40,000,000 for fiscal year 2007'' and inserting ``$40,000,000 for each of fiscal years 2007 and 2008, and $20,000,000 for the first 6 months of fiscal year 2009''. SEC. 3. ADDITIONAL ALLOTMENTS TO ADDRESS SCHIP FUNDING SHORTFALLS FOR FISCAL YEAR 2008 AND FIRST 6 MONTHS OF FISCAL YEAR 2009. Section 2104 of the Social Security Act (42 U.S.C. 1397dd) is amended by adding at the end the following new subsection: ``(i) Amounts To Eliminate Funding Shortfalls for Fiscal Year 2008 and First 6 Months of Fiscal Year 2009.-- ``(1) In general.--From the amounts appropriated under paragraph (4) for a shortfall period (as defined in paragraph (5)), the Secretary shall allot to each shortfall State described in paragraph (2) for such period such amount as the Secretary determines will eliminate the estimated shortfall described in paragraph (2) for the State for the shortfall period. ``(2) Shortfall state described.--For purposes of paragraph (1), a shortfall State described in this paragraph for a shortfall period is a State with a State child health plan approved under this title for which the Secretary estimates, on the basis of the most recent data available to the Secretary as of a date (specified by the Secretary) during the shortfall period, that the projected Federal expenditures under such plan for the State for the shortfall period will exceed the sum of-- ``(A) the amount of the State's allotments for the two fiscal years ending before the shortfall period that will not be expended by the end of the more recent such fiscal year; ``(B) the amount of the State's allotment for the shortfall period; and ``(C) the amounts, if any, that are to be redistributed to the State during the shortfall period in accordance with subsection (f). ``(3) Proration rule.--If the amount available under paragraph (4) for a shortfall period is less than the total amount of the estimated shortfalls determined by the Secretary under paragraph (1) for such period, the amount of the estimated shortfall for each shortfall State determined under such paragraph for such period shall be reduced proportionally. ``(4) Appropriation; allotment authority.--For the purpose of providing additional allotments to shortfall States under this subsection-- ``(A) Fiscal year 2008.--For the shortfall period specified in paragraph (5)(A), there is appropriated, out of any funds in the Treasury not otherwise appropriated, such sums as are necessary for such fiscal year, but not to exceed $1,500,000,000. ``(B) First 6 months of fiscal year 2009.--For the shortfall period specified in paragraph (5)(B), there is appropriated, out of any funds in the Treasury not otherwise appropriated, such sums as are necessary for such period, but not to exceed $1,100,000,000. ``(5) Shortfall periods specified.--For purposes of this subsection, each of the following is a `shortfall period': ``(A) Fiscal year 2008. ``(B) The first 6 months of fiscal year 2009.''. SEC. 4. OPTION FOR QUALIFYING STATES TO RECEIVE THE ENHANCED PORTION OF THE SCHIP MATCHING RATE FOR MEDICAID COVERAGE OF CERTAIN CHILDREN. Section 2105(g) of the Social Security Act (42 U.S.C. 1397ee(g)) is amended-- (1) in paragraph (1)(A), by inserting ``subject to paragraph (4),'' after ``Notwithstanding any other provision of law,''; and (2) by adding at the end the following new paragraph: ``(4) Option for allotments.-- ``(A) Payment of enhanced portion of matching rate for certain expenditures.--In the case of expenditures described in subparagraph (B), a qualifying State (as defined in paragraph (2)) may elect to be paid from the State's allotment made under section 2104 for any fiscal year (beginning with fiscal year 2008) (insofar as the allotment is available to the State under subsections (e) and (i) of such section) an amount each quarter equal to the additional amount that would have been paid to the State under title XIX with respect to such expenditures if the enhanced FMAP (as determined under subsection (b)) had been substituted for the Federal medical assistance percentage (as defined in section 1905(b)). ``(B) Expenditures described.--For purposes of subparagraph (A), the expenditures described in this subparagraph are expenditures made after the date of the enactment of this paragraph and during the period in which funds are available to the qualifying State for use under subparagraph (A), for the provision of medical assistance to individuals residing in the State who are eligible for medical assistance under the State plan under title XIX or under a waiver of such plan and who have not attained age 19, and whose family income equals or exceeds 133 percent of the poverty line but does not exceed the Medicaid applicable income level.''.

SCHIP Extension Act of 2007 - Amends title XXI (State Children's Health Insurance) (SCHIP) of the Social Security Act (SSA) to: (1) extend SCHIP through FY2008 and the first six months of FY2009; (2) provide additional allotments to states to address SCHIP funding shortfalls for the same period of time; and (3) authorize qualifying states to elect to receive the enhanced portion of the SCHIP matching rate for coverage of certain children under SSA title XIX (Medicaid).

A bill to amend title XXI of the Social Security Act to extend funding for 18 months for the State Children's Health Insurance Program (SCHIP) and for other purposes.

SECTION 1. NATIONAL CENTER FOR BIOTERRORISM PREPAREDNESS AND RESPONSE. Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by adding at the end the following: ``PART R--NATIONAL CENTER FOR BIOTERRORISM PREPAREDNESS AND RESPONSE ``SEC. 399Z-1. NATIONAL CENTER FOR BIOTERRORISM PREPAREDNESS AND RESPONSE. ``(a) In General.--There is established within the Centers for Disease Control and Prevention a center to be known as the National Center for Bioterrorism Preparedness and Response (referred to in this section as the `Center') that shall be headed by a director appointed by the Director of the Centers for Disease Control and Prevention. ``(b) Duties.--The Director of the Center shall-- ``(1) administer grants to State and local public health entities, such as health departments, academic institutions, and other public health partners to upgrade public health core capacities, including-- ``(A) improving surveillance and epidemiology; ``(B) increasing the speed of laboratory diagnosis; ``(C) ensuring a well-trained public health workforce; and ``(D) providing timely, secure communications and information systems (such as the Health Alert Network); ``(2) maintain, manage, and in a public health emergency deploy, the National Pharmaceutical Stockpile administered by the Centers for Disease Control; ``(3) ensure that all States have functional plans in place for effective management and use of the National Pharmaceutical Stockpile should it be deployed; ``(4) establish, in consultation with the Department of Justice, the Department of Energy, and the Department of Defense, a list of biological, chemical, and radiological agents and toxins that could pose a severe threat to public health and safety; ``(5) at least every 6 months review, and if necessary revise, in consultation with the Department of Justice, the Department of Energy, and the Department of Defense, the list established in paragraph (4); ``(6) regulate and track the agents and toxins listed pursuant to paragraph (4) by-- ``(A) in consultation and coordination with the Department of Justice, the Department of Energy, and the Department of Defense-- ``(i) establishing procedures for access to listed agents and toxins, including a screening protocol to ensure that individual access to listed agents and toxins is limited; and ``(ii) establishing safety standards and procedures for the possession, use, and transfer of listed agents and toxins, including reasonable security requirements for persons possessing, using, or transferring listed agents, so as to protect public health and safety; and ``(B) requiring registration for the possession, use, and transfer of listed agents and toxins and maintaining a national database of the location of such agents and toxins; and ``(7) train, prepare, and equip bioterrorism emergency response teams, composed of members of the Epidemic Intelligence Service, who will be dispatched immediately in the event of a suspected terrorist attack involving biological, chemical, or radiological weapons; ``(8) expand and improve the Laboratory Response Network; ``(9) organize and carry out simulation exercises with respect to terrorist attacks involving biological, chemical, or radiological weapons, in coordination with State and local governments for the purpose of assessing preparedness; ``(10) develop and implement disease surveillance measures, including a nationwide electronic network linking doctors, hospitals, public health departments, and the Centers for Disease Control and Prevention, for the early detection, identification, collection, and monitoring of terrorist attacks involving biological, chemical, or radiological weapons; ``(11) develop response plans for all conceivable contingencies involving terrorist attacks with biological, chemical, or radiological weapons, that specify protocols of communication and coordination between Federal, State, and local actors, as well as between different Federal actors, and ensure that resources required to carry out the plans are obtained and put into place; and ``(12) perform any other relevant responsibilities the Secretary deems appropriate. ``(c) Transfers.-- ``(1) In general.--Notwithstanding any other provision of law, on the date described in paragraph (4), each program and function described in paragraph (3) shall be transferred to, and administered by the Center. ``(2) Related transfers.--Personnel employed in connection with the programs and functions described in paragraph (3), and amounts available for carrying out such programs and functions shall be transferred to the Center. Such transfer of amounts does not affect the availability of the amounts with respect to the purposes for which the amounts may be expended. ``(3) Programs and functions described.--The programs and functions described in this paragraph are all programs and functions that-- ``(A) relate to bioterrorism preparedness and response; and ``(B) were previously dispersed among the various centers that comprise the Centers for Disease Control and Prevention. ``(4) Date described.--The date described in this paragraph is the date that is 180 days after the date of enactment of this section.''.

Amends the Public Health Service Act to establish within the Centers for Disease Control and Prevention a National Center for Bioterrorism Preparedness and Response.Requires the Director of such Center to: (1) administer grants to State and local public health entities to upgrade public health core capacities including surveillance, epidemiology, laboratory diagnosis, the workforce, and information systems; (2) manage and deploy when necessary the National Pharmaceutical Stockpile; (3) ensure States have Stockpile use plans; (4) establish and revise a list of biological, chemical, and radiological agents and toxins that could pose a severe threat to public health and safety; (5) regulate and track listed agents and toxins; (6) train and equip bioterrorism emergency response teams; (7) expand and improve the Laboratory Response Network; (8) organize and carry out simulation exercises; (9) develop and implement disease surveillance measures which include a nationwide electronic network; and (10) develop contingency response plans.

A bill to amend the Public Health Act to create a Center for Bioterrorism Preparedness within the Centers for Disease Control and Prevention.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Income Tax Fairness Act of 1999''. SEC. 2. FINDINGS. Congress finds the following: (1) Working people provide about 65 percent of Federal revenue through social security taxes on their earnings and through income taxes on their earnings and employment-related retirement income. (2) By contrast, income taxes on unearned income produce only about 11 percent of total Federal revenue. (3) Practically all wage and salary income is required to be reported on personal income tax returns and, except for those receiving earned income credits, is generally fully taxed at regular income tax rates. (4) By contrast, unearned income (such as capital gains, dividends, interest, and rental income) is favored by a large number of special tax provisions, so that (A) some unearned income is taxed at lower rates, (B) some unearned income is tax-deferred and the income taxes need not be paid until many years after the income is accrued, and (C) large amounts of unearned income will never be taxed at all under present law. (5) Working people are subject to social security taxes as well as income taxes, and for over 90 percent of the population the combined tax on earned income--30.3 percent or 43.3 percent--is higher than the income tax rates of 15 percent and 28 percent that apply to unearned income. (6) The market value of all stocks traded on the New York Stock Exchange and the over-the-counter market (NASDAQ) was about 3 trillion dollars in early 1989. In early 1999 it is more than 13 trillion dollars. Thus there appears to be roughly 10 trillion dollars of realized and unrealized capital gains on these stocks, plus additional large amounts of capital gains on foreign stocks, real estate, and other assets. (7) Large amounts of capital gains will never be taxed under present law, because (A) capital gains are not taxed until the asset is sold or transferred, and (B) unrealized capital gains are never taxed if the owner holds the asset for life and bequeaths it to his or her heirs, even if the heirs sell it immediately after death. (8) Owners of nonresidential real estate are allowed depreciation deductions for the full cost of buildings over 39 years, even though the buildings when built are intended to stand, and usually do stand, for 100 years or more. SEC. 3. REDUCTION IN INDIVIDUAL INCOME TAX RATES. (a) In General.--Each of the tables contained in subsections (a), (b), (c), (d), and (e) of section 1 of the Internal Revenue Code of 1986 is amended-- (1) by striking ``15%'' and inserting ``12%''; (2) by striking ``28%'' and inserting ``25%''; (3) by striking ``31%'' and inserting ``28%''; (4) by striking ``36%'' and inserting ``33%''; and (5) by striking ``39.6%'' and inserting ``36.6%''. (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 1999. (c) Section 15 Not To Apply.--The amendment made by subsection (a) shall not be treated as a change in the rate of a tax imposed by chapter 1 of the Internal Revenue Code of 1986 for purposes of section 15 of such Code. SEC. 4. REPEAL OF INCREASE IN BASIS OF PROPERTY ACQUIRED FROM A DECEDENT. (a) In General.--Section 1014 of the Internal Revenue Code of 1986 (relating to basis of property acquired from a decedent) is hereby repealed. (b) Basis To Be Determined Under Rules Applicable to Gifts.-- Section 1015 of such Code (relating to basis of property acquired by gifts and transfers in trusts) is amended by adding at the end the following new subsection: ``(f) Property Acquired From or Passing From a Decedent.-- ``(1) In general.--Carryover basis property shall be treated for purposes of subsection (a) as acquired by gift for purposes of this section. ``(2) Carryover basis property defined.--For purposes of this section, the term `carryover basis property' means property acquired from or passed from a decedent dying after December 31, 1999. ``(3) Property acquired from a decedent.--Section 1014(b) (as in effect on the day before the date of the enactment of the Income Tax Fairness Act of 1999) shall apply for purposes of whether property is considered to have been acquired from or to have passed from the decedent. ``(4) Increase in basis for family farm and closely held business property and for estate tax paid.--The basis of any carryover basis property is the sum of-- ``(A) the basis determined under subsection (a); ``(B) the family farm adjustment for such property; ``(C) the closely held business adjustment for such property; and ``(D) the death tax adjustment for such property. ``(5) Family farm adjustment.-- ``(A) In general.--In the case of carryover basis property which is qualified real property (as defined in section 2032A(b)), the family farm adjustment is the portion of the aggregate family farm adjustment which is allocated to the property pursuant to this section. ``(B) Adjustment not to apply if estate tax benefit is or would be recaptured.--The basis of any property shall be determined without regard to this paragraph if any additional estate tax is or has been imposed by section 2032A(c) with respect to such property (or would have been so imposed if section 2032A had been elected with respect to such property). ``(C) Aggregate family farm adjustment.--In the case of any estate, the aggregate family farm adjustment is the amount (if any) by which-- ``(i) $1,000,000, exceeds ``(ii) the aggregate of the initial bases of all carryover basis property which is qualified real property (as so defined). ``(6) Closely held business adjustment.-- ``(A) In general.--In the case of carryover basis property which is an interest in a closely held business (as defined in section 6166(b)), the closely held business adjustment is the portion of the aggregate closely held business adjustment which is allocated to the property pursuant to this section. ``(B) Aggregate closely held business adjustment.-- In the case of any estate, the aggregate closely held business adjustment is the amount (if any) by which-- ``(i) $1,000,000, exceeds ``(ii) the sum of-- ``(I) the aggregate of the initial bases of all carryover basis property which is an interest in closely held business (as so defined), plus ``(II) the aggregate family farm adjustment under paragraph (3). ``(7) Death tax adjustment.-- ``(A) In general.--The death tax adjustment for any carryover basis property is the portion of the aggregate death tax adjustment which is allocated to the property pursuant to this section. ``(B) Limitation.--The death tax adjustment for any property shall not exceed-- ``(i) the net appreciation of such property, multiplied by ``(ii) the Federal marginal estate tax rate. ``(C) Net appreciation.--For purposes of this paragraph, the net appreciation in value of any property is the amount by which-- ``(i) the fair market value of such property, exceeds ``(ii) the basis determined under subsection (a) increased by the adjustments described in subparagraphs (B) and (C) of paragraph (3) for such property. ``(D) Aggregate death tax adjustment.--In the case of any estate-- ``(i) In general.--The aggregate death tax adjustment is the product of-- ``(I) the aggregate net appreciation of all properties which have net appreciation, and ``(II) the Federal marginal estate tax rate. ``(ii) Limitation.--The amount taken into account under clause (i)(I) shall not exceed the taxable estate. ``(iii) Federal marginal estate tax rate.-- The term `Federal marginal estate tax rate' means the highest rate in the rate schedule set forth in section 2001(c)-- ``(I) which is used in determining the tentative tax under section 2001(b)(1) with respect to the estate of the decedent, and ``(II) the amount subject to which is at least $50,000. In no event shall the Federal marginal estate tax rate be less than 30 percent. ``(8) Allocation rules.--The executor shall allocate the adjustments under this subsection among the properties on the return of the tax imposed by chapter 11.''. (c) Conforming Amendments.-- (1) The table of sections for part II of subchapter O of chapter 1 of such Code is amended by striking the item relating to section 1014. (2) The heading of section 1015 of such Code is amended to read as follows: ``SEC. 1015. BASIS OF PROPERTY ACQUIRED BY GIFT, FROM A DECEDENT, OR TRANSFERRED IN TRUST.''. (3) The table of sections for part II of subchapter O of chapter 1 of such Code is amended by striking the item relating to section 1015 and inserting the following new item: ``Sec. 1015. Basis of property acquired by gift, from a decedent, or transferred in trust.''. (d) Effective Date.--The amendments made by this section shall apply to decedents dying after December 31, 1999. SEC. 5. INCREASE IN COST RECOVERY PERIOD FROM 39 YEARS TO 100 YEARS FOR NONRESIDENTIAL REAL PROPERTY. (a) In General.--The table in section 168(c) of such Code (relating to applicable recovery period) is amended by striking ``39 years'' and inserting ``100 years''. (b) Effective Date.--The amendment made by this section shall apply to property placed in service by the taxpayer after December 31, 1999.

Income Tax Fairness Act of 1999 - Amends the Internal Revenue Code to reduce the income tax rates imposed on individual taxpayers by three percentage points. Repeals the current requirement that property acquired from a decedent be valued, generally, at its fair market value at the date of the decedent's death or, after December 31, 1997, at the basis in the decedent's hands. Treats the carryover basis property acquired from or passed from a decedent dying after December 31, 1999, as though it were acquired by gift. Provides for adjustments in the basis of such property, by specified formulae, for family farms and closely held businesses. Requires an additional adjustment for death taxes equal to the net appreciation of such property multiplied by the Federal marginal estate tax. Increases from 39 years to 100 years the applicable recovery period used to determine the depreciation deduction for nonresidential real property.

Income Tax Fairness Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Private Property Rights Protection Act of 2006''. SEC. 2. PROHIBITION ON EMINENT DOMAIN ABUSE BY STATES. (a) In General.--No State or political subdivision of a State shall exercise its power of eminent domain, or allow the exercise of such power by any person or entity to which such power has been delegated, over property to be used for economic development or over property that is subsequently used for economic development, if that State or political subdivision receives Federal economic development funds during any fiscal year in which it does so. (b) Ineligibility for Federal Funds.--A violation of subsection (a) by a State or political subdivision shall render such State or political subdivision ineligible for any Federal economic development funds for a period of 2 fiscal years following a final judgment on the merits by a court of competent jurisdiction that such subsection has been violated, and any Federal agency charged with distributing those funds shall withhold them for such 2-year period, and any such funds distributed to such State or political subdivision shall be returned or reimbursed by such State or political subdivision to the appropriate Federal agency or authority of the Federal Government, or component thereof. (c) Opportunity to Cure Violation.--A State or political subdivision shall not be ineligible for any Federal economic development funds under subsection (b) if such State or political subdivision returns all real property the taking of which was found by a court of competent jurisdiction to have constituted a violation of subsection (a) and replaces any other property destroyed and repairs any other property damaged as a result of such violation. SEC. 3. PROHIBITION ON EMINENT DOMAIN ABUSE BY THE FEDERAL GOVERNMENT. The Federal Government or any authority of the Federal Government shall not exercise its power of eminent domain to be used for economic development. SEC. 4. PRIVATE RIGHT OF ACTION. (a) Cause of Action.--Any owner of private property who suffers injury as a result of a violation of any provision of this Act may bring an action to enforce any provision of this Act in the appropriate Federal or State court, and a State shall not be immune under the eleventh amendment to the Constitution of the United States from any such action in a Federal or State court of competent jurisdiction. In such action, the defendant has the burden to show by clear and convincing evidence that the taking is not for economic development. Any such property owner may also seek any appropriate relief through a preliminary injunction or a temporary restraining order. (b) Limitation on Bringing Action.--An action brought under this Act may be brought if the property is used for economic development following the conclusion of any condemnation proceedings condemning the private property of such property owner, but shall not be brought later than seven years following the conclusion of any such proceedings and the subsequent use of such condemned property for economic development. (c) Attorneys' Fee and Other Costs.--In any action or proceeding under this Act, the court shall allow a prevailing plaintiff a reasonable attorneys' fee as part of the costs, and include expert fees as part of the attorneys' fee. SEC. 5. NOTIFICATION BY ATTORNEY GENERAL. (a) Notification to States and Political Subdivisions.-- (1) Not later than 30 days after the enactment of this Act, the Attorney General shall provide to the chief executive officer of each State the text of this Act and a description of the rights of property owners under this Act. (2) Not later than 120 days after the enactment of this Act, the Attorney General shall compile a list of the Federal laws under which Federal economic development funds are distributed. The Attorney General shall compile annual revisions of such list as necessary. Such list and any successive revisions of such list shall be communicated by the Attorney General to the chief executive officer of each State and also made available on the Internet website maintained by the United States Department of Justice for use by the public and by the authorities in each State and political subdivisions of each State empowered to take private property and convert it to public use subject to just compensation for the taking. (b) Notification to Property Owners.--Not later than 30 days after the enactment of this Act, the Attorney General shall publish in the Federal Register and make available on the Internet website maintained by the United States Department of Justice a notice containing the text of this Act and a description of the rights of property owners under this Act. SEC. 6. REPORT. Not later than 1 year after the date of enactment of this Act, and every subsequent year thereafter, the Attorney General shall transmit a report identifying States or political subdivisions that have used eminent domain in violation of this Act to the Chairman and Ranking Member of the Committee on the Judiciary of the House of Representatives and to the Chairman and Ranking Member of the Committee on the Judiciary of the Senate. The report shall-- (1) identify all private rights of action brought as a result of a State's or political subdivision's violation of this Act; (2) identify all States or political subdivisions that have lost Federal economic development funds as a result of a violation of this Act, as well as describe the type and amount of Federal economic development funds lost in each State or political subdivision and the Agency that is responsible for withholding such funds; (3) discuss all instances in which a State or political subdivision has cured a violation as described in section 2(c) of this Act. SEC. 7. SENSE OF CONGRESS REGARDING RURAL AMERICA. (a) Findings.--Congress finds the following: (1) The founders realized the fundamental importance of property rights when they codified the Takings Clause of the Fifth Amendment to the Constitution, which requires that private property shall not be taken ``for public use, without just compensation''. (2) Rural lands are unique in that they are not traditionally considered high tax revenue-generating properties for State and local governments. In addition, farmland and forest land owners need to have long-term certainty regarding their property rights in order to make the investment decisions to commit land to these uses. (3) Ownership rights in rural land are fundamental building blocks for our Nation's agriculture industry, which continues to be one of the most important economic sectors of our economy. (4) In the wake of the Supreme Court's decision in Kelo v. City of New London, abuse of eminent domain is a threat to the property rights of all private property owners, including rural land owners. (b) Sense of Congress.--It is the sense of Congress that the use of eminent domain for the purpose of economic development is a threat to agricultural and other property in rural America and that the Congress should protect the property rights of Americans, including those who reside in rural areas. Property rights are central to liberty in this country and to our economy. The use of eminent domain to take farmland and other rural property for economic development threatens liberty, rural economies, and the economy of the United States. The taking of farmland and rural property will have a direct impact on existing irrigation and reclamation projects. Furthermore, the use of eminent domain to take rural private property for private commercial uses will force increasing numbers of activities from private property onto this Nation's public lands, including its National forests, National parks and wildlife refuges. This increase can overburden the infrastructure of these lands, reducing the enjoyment of such lands for all citizens. Americans should not have to fear the government's taking their homes, farms, or businesses to give to other persons. Governments should not abuse the power of eminent domain to force rural property owners from their land in order to develop rural land into industrial and commercial property. Congress has a duty to protect the property rights of rural Americans in the face of eminent domain abuse. SEC. 8. DEFINITIONS. In this Act the following definitions apply: (1) Economic development.--The term ``economic development'' means taking private property, without the consent of the owner, and conveying or leasing such property from one private person or entity to another private person or entity for commercial enterprise carried on for profit, or to increase tax revenue, tax base, employment, or general economic health, except that such term shall not include-- (A) conveying private property-- (i) to public ownership, such as for a road, hospital, airport, or military base; (ii) to an entity, such as a common carrier, that makes the property available to the general public as of right, such as a railroad or public facility; (iii) for use as a road or other right of way or means, open to the public for transportation, whether free or by toll; (iv) for use as an aqueduct, flood control facility, pipeline, or similar use; (B) removing harmful uses of land provided such uses constitute an immediate threat to public health and safety; (C) leasing property to a private person or entity that occupies an incidental part of public property or a public facility, such as a retail establishment on the ground floor of a public building; (D) acquiring abandoned property; (E) clearing defective chains of title; (F) taking private property for use by a public utility; and (G) redeveloping of a brownfield site as defined in the Small Business Liability Relief and Brownfields Revitalization Act (42 U.S.C. 9601(39)). (2) Federal economic development funds.--The term ``Federal economic development funds'' means any Federal funds distributed to or through States or political subdivisions of States under Federal laws designed to improve or increase the size of the economies of States or political subdivisions of States. (3) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, or any other territory or possession of the United States. SEC. 9. SEVERABILITY AND EFFECTIVE DATE. (a) Severability.--The provisions of this Act are severable. If any provision of this Act, or any application thereof, is found unconstitutional, that finding shall not affect any provision or application of the Act not so adjudicated. (b) Effective Date.--This Act shall take effect upon the first day of the first fiscal year that begins after the date of the enactment of this Act, but shall not apply to any project for which condemnation proceedings have been initiated prior to the date of enactment. SEC. 10. SENSE OF CONGRESS. It is the policy of the United States to encourage, support, and promote the private ownership of property and to ensure that the constitutional and other legal rights of private property owners are protected by the Federal Government. SEC. 11. BROAD CONSTRUCTION. This Act shall be construed in favor of a broad protection of private property rights, to the maximum extent permitted by the terms of this Act and the Constitution. SEC. 12. LIMITATION ON STATUTORY CONSTRUCTION. Nothing in this Act may be construed to supersede, limit, or otherwise affect any provision of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.). SEC. 13. RELIGIOUS AND NONPROFIT ORGANIZATIONS. (a) Prohibition on States.--No State or political subdivision of a State shall exercise its power of eminent domain, or allow the exercise of such power by any person or entity to which such power has been delegated, over property of a religious or other nonprofit organization by reason of the nonprofit or tax-exempt status of such organization, or any quality related thereto if that State or political subdivision receives Federal economic development funds during any fiscal year in which it does so. (b) Ineligibility for Federal Funds.--A violation of subsection (a) by a State or political subdivision shall render such State or political subdivision ineligible for any Federal economic development funds for a period of 2 fiscal years following a final judgment on the merits by a court of competent jurisdiction that such subsection has been violated, and any Federal agency charged with distributing those funds shall withhold them for such 2-year period, and any such funds distributed to such State or political subdivision shall be returned or reimbursed by such State or political subdivision to the appropriate Federal agency or authority of the Federal Government, or component thereof. (c) Prohibition on Federal Government.--The Federal Government or any authority of the Federal Government shall not exercise its power of eminent domain over property of a religious or other nonprofit organization by reason of the nonprofit or tax-exempt status of such organization, or any quality related thereto. SEC. 14. REPORT BY FEDERAL AGENCIES ON REGULATIONS AND PROCEDURES RELATING TO EMINENT DOMAIN. Not later than 180 days after the date of the enactment of this Act, the head of each Executive department and agency shall review all rules, regulations, and procedures and report to the Attorney General on the activities of that department or agency to bring its rules, regulations and procedures into compliance with this Act. SEC. 15. SENSE OF CONGRESS. It is the sense of Congress that any and all precautions shall be taken by the government to avoid the unfair or unreasonable taking of property away from survivors of Hurricane Katrina who own, were bequeathed, or assigned such property, for economic development purposes or for the private use of others.

Private Property Rights Protection Act of 2006 - Prohibits any state or political subdivision, if it receives federal economic development funds during the fiscal year, from exercising, or allowing a delegate to exercise, the power of eminent domain: (1) for economic development; or (2) over property of a religious or other nonprofit organization by reason of its nonprofit or tax-exempt status.. Defines "economic development" as taking private property and conveying or leasing it to a private entity for commercial enterprise carried on for profit or to increase tax revenue, the tax base, employment, or general economic health. Makes a state or political subdivision that violates such prohibition ineligible for any such funds for two fiscal years. Prohibits the federal government from exercising its power of eminent domain: (1) for economic development; or (2) over property of a religious or other nonprofit organization by reason of its nonprofit or tax-exempt status. Establishes a private cause of action for any private property owner who suffers injury from a violation of this Act. Expresses the sense of Congress that: (1) the use of eminent domain for economic development is a threat to agricultural and other property in rural America; and (2) it is U.S. policy to promote the private ownership of property and to protect the legal rights of private property owners. Expresses the sense of Congress that all precautions should be taken to avoid the unfair or unreasonable taking of property from survivors of Hurricane Katrina for economic development or other private use.

A bill to protect private property rights.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lifetime Pension Annuity for You Act of 2005''. SEC. 2. EXCLUSION FOR LIFETIME INCOME PAYMENTS. (a) Lifetime Income Payments Under Annuity Contracts.--Subsection (b) of section 72 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(5) Exclusion for lifetime income payments.-- ``(A) In general.--In the case of lifetime income payments received under one or more annuity contracts (which are not taken into account under subparagraph (B)) in any taxable year, gross income shall not include 50 percent of the portion of such payments which would (without regard to this paragraph) be includible in gross income under this section. For purposes of the preceding sentence, the amount excludible from gross income in any taxable year shall not exceed $5,000 (twice such amount in the case of joint return). ``(B) Lower percentage exclusion and separate limitation for annuities provided under certain retirement plans.--In the case of lifetime income payments received under any qualified retirement plan (as defined in section 4974(c)), or any eligible deferred compensation plan (as defined in section 457(b)) of an eligible employer described in section 457(e)(1)(A), gross income shall not include 25 percent of the portion of such payments which would (without regard to this paragraph) be includible in gross income under this section. For purposes of the preceding sentence, the amount excludible from gross income in any taxable year shall not exceed $5,000 (twice such amount in the case of a joint return). ``(C) Cost-of-living adjustment.--In the case of taxable years beginning after December 31, 2006, the $5,000 amounts in subparagraphs (A) and (B) shall each be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2005' for `calendar year 1992' in subparagraph (B) thereof. If any amount as increased under the preceding sentence is not a multiple of $100, such amount shall be rounded to the next lower multiple of $100. ``(D) Application of paragraph.--Subparagraphs (A) and (B) shall not apply to-- ``(i) any amount received under a defined benefit plan, ``(ii) any amount paid under an annuity contract that is received by the beneficiary under the contract-- ``(I) after the death of the annuitant in the case of payments described in subsection (c)(5)(A)(ii)(III), unless the beneficiary is the surviving spouse of the annuitant, or ``(II) after the death of the annuitant and joint annuitant in the case of payments described in subsection (c)(5)(A)(ii)(IV), unless the beneficiary is the surviving spouse of the last to die of the annuitant and the joint annuitant, or ``(iii) any annuity contract that is a qualified funding asset (as defined in section 130(d)), but without regard to whether there is a qualified assignment. ``(E) Investment in the contract.--For purposes of this section, the investment in the contract shall be determined without regard to this paragraph.''. (b) Definitions.--Subsection (c) of section 72 of such Code is amended by adding at the end the following new paragraph: ``(5) Lifetime income payments.-- ``(A) In general.--For purposes of subsections (b) and (x), the term `lifetime income payment' means any amount received as an annuity under any portion of an annuity contract, but only if-- ``(i) the only person (or persons in the case of payments described in subclause (II) or (IV) of clause (ii)) legally entitled (by operation of the contract, a trust, or other legally enforceable means) to receive such amount during the life of the annuitant or joint annuitant is such annuitant or joint annuitant, and ``(ii) such amount is part of a series of substantially equal periodic payments made not less frequently than annually over-- ``(I) the life of the annuitant, ``(II) the lives of the annuitant and a joint annuitant, but only to the extent that the requirement of subparagraph (D) is met, ``(III) the life of the annuitant with a minimum period of payments or with a minimum amount that must be paid in any event, or ``(IV) the lives of the annuitant and a joint annuitant with a minimum period of payments or with a minimum amount that must be paid in any event, but only to the extent that the requirement of subparagraph (D) is met. ``(iii) Exceptions.--For purposes of clause (ii), annuity payments shall not fail to be treated as part of a series of substantially equal periodic payments-- ``(I) because the amount of the periodic payments may vary in accordance with investment experience, reallocations among investment options, actuarial gains or losses, cost of living indices, a constant percentage (not less than zero) applied not less frequently than annually, or similar fluctuating criteria, ``(II) due to the existence of, or modification of the duration of, a provision in the contract permitting a lump sum withdrawal after the annuity starting date, ``(III) because the period between each such payment is lengthened or shortened, but only if at all times such period is no longer than one calendar year, ``(IV) because the payments are reduced on account of a qualified domestic relations order (within the meaning of section 414(p)) which becomes effective after the commencement of the annuity payments, or ``(V) because, in the case of an annuity payable over the lives of the annuitant and a joint annuitant, the amounts paid after the death of the annuitant or joint annuitant are less than the amounts payable during their joint lives. ``(B) Minimum period of payments.--For purposes of subparagraph (A), the term `minimum period of payments' means a guaranteed term of payments that does not exceed the greater of 10 years or-- ``(i) the life expectancy of the annuitant as of the annuity starting date, in the case of lifetime income payments described in subparagraph (A)(ii)(III), or ``(ii) the life expectancy of the annuitant and joint annuitant as of the annuity starting date, in the case of lifetime income payments described in subparagraph (A)(ii)(IV). For purposes of this subparagraph, life expectancy shall be computed with reference to the tables prescribed by the Secretary under paragraph (3). For purposes of subsection (x)(1)(C)(ii), the minimum period of payments shall be determined as of the annuity starting date and reduced by one for each subsequent year. ``(C) Minimum amount that must be paid in any event.--For purposes of subparagraph (A), the term `minimum amount that must be paid in any event' means an amount payable to the designated beneficiary under an annuity contract that is in the nature of a refund and does not exceed the greater of the amount applied to produce the lifetime income payments under the contract or the amount, if any, available for withdrawal under the contract on the date of death. ``(D) Special rules for joint annuitants.--For purposes of subclauses (II) and (IV) of subparagraph (A)(ii), the requirement of this subparagraph is met only to the extent that-- ``(i) the annuitant is the spouse of the joint annuitant as of the annuity starting date, ``(ii) the difference in age between the annuitant and joint annuitant is 15 years or less, ``(iii) in the case of any payment received under an annuity contract described in subsection (b)(5)(A), such payment is made to or for the benefit of the individual who furnished the consideration for such annuity contract, or ``(iv) in the case of any payment received under a plan described in subsection (b)(5)(B), such payment is made to or for the benefit of the employee or the individual for whose benefit the plan was established. ``(6) Annuity contract.--For purposes of paragraph (5) and subsection (b)(5), the term `annuity contract' means a commercial annuity (as defined by section 3405(e)(6)), other than an endowment or life insurance contract.''. (c) Recapture Tax for Lifetime Income Payments.--Section 72 of such Code is amended by redesignating subsection (x) as subsection (y) and by inserting after subsection (v) the following new subsection: ``(x) Recapture Tax for Modifications to or Reductions in Lifetime Income Payments.-- ``(1) In general.--If any amount received under an annuity contract is excluded from income by reason of subsection (b)(5) (relating to exclusion for lifetime income payments), and-- ``(A) the series of payments under such contract is subsequently modified so any future payments are not lifetime income payments, ``(B) after the date of receipt of the first lifetime income payment under the contract an annuitant receives a lump sum and thereafter is to receive annuity payments in a reduced amount under the contract, or ``(C) after the date of receipt of the first lifetime income payment under the contract the dollar amount of any subsequent annuity payment is reduced and a lump sum is not paid in connection with the reduction, unless such reduction is-- ``(i) due to an event described in subsection (c)(5)(A)(iii), or ``(ii) due to the addition of, or increase in, a minimum period of payments within the meaning of subsection (c)(5)(B) or a minimum amount that must be paid in any event (within the meaning of subsection (c)(5)(C)), then gross income for the first taxable year in which such modification or reduction occurs shall be increased by the recapture amount. ``(2) Recapture amount.-- ``(A) In general.--For purposes of this subsection, the recapture amount shall be the amount, determined under rules prescribed by the Secretary, equal to the amount that (but for subsection (b)(5)) would have been includible in the taxpayer's gross income if the modification or reduction described in paragraph (1) had been in effect at all times, plus interest for the deferral period at the underpayment rate established by section 6621. ``(B) Deferral period.--For purposes of this subsection, the term `deferral period' means the period beginning with the taxable year in which (without regard to subsection (b)(5)) the payment would have been includible in gross income and ending with the taxable year in which the modification described in paragraph (1) occurs. ``(3) Exceptions to recapture tax.--Paragraph (1) shall not apply in the case of any modification or reduction that occurs because an annuitant-- ``(A) dies or becomes disabled (within the meaning of subsection (m)(7)), ``(B) becomes a chronically ill individual within the meaning of section 7702B(c)(2), or ``(C) encounters hardship.''. (d) Lifetime Distributions of Life Insurance Death Benefits.-- (1) In general.--Subsection (d) of section 101 of such Code (relating to payment of life insurance proceeds at a date later than death) is amended by redesignating paragraph (3) as paragraph (4) and inserting after paragraph (2) the following new paragraph: ``(3) Exclusion for lifetime income payments.-- ``(A) In general.--In the case of amounts to which this subsection applies, gross income shall not include the lesser of-- ``(i) 50 percent of the portion of lifetime income payments (within the meaning of section 72(c)(5), applied with the substitutions described in subparagraph (B)) otherwise includible in gross income under this section (determined without regard to this paragraph), or ``(ii) the amount in effect under section 72(b)(5)(A). ``(B) Recapture and other special rules.--For purposes of this paragraph, rules similar to the rules of subparagraphs (D) and (E) of section 72(b)(5) and section 72(x) shall be applied by substituting `beneficiary of the life insurance contract' for `annuitant' and `life insurance contract' for `annuity contract' therein.''. (2) Conforming amendment.--Paragraph (1) of section 101(d) of such Code is amended by inserting ``or paragraph (3)'' after ``to the extent not excluded by the preceding sentence''. (e) Effective Date.-- (1) In general.--The amendments made by this section shall apply to amounts received in calendar years beginning after the date of the enactment of this Act. (2) Special rule for existing contracts.--In the case of a contract in force on the date of the enactment of this Act that does not satisfy the requirements of section 72(c)(5)(A) of the Internal Revenue Code of 1986 (as added by this section), any modification to such contract (including a change in ownership) or to the payments thereunder that is made to satisfy the requirements of such section shall not result in the recognition of any gain or loss, any amount being included in gross income, or any addition to tax that otherwise might result from such modification, but only if the modification is completed prior to the date that is 2 years after the date of the enactment of this Act.

Lifetime Pension Annuity for You Act of 2005 - Amends the Internal Revenue Code to allow an exclusion from gross income for 50 percent of the amount otherwise includible in gross income as lifetime income payments from certain annuity contracts. Limits the amount of such exclusion to $5,000 in any taxable year. Provides for an inflation adjustment of the $5,000 limitation beginning in 2007.

To amend the Internal Revenue Code of 1986 to encourage guaranteed lifetime income payments by excluding from income a portion of such payments.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Caregiver Financial Relief Act of 2008''. SEC. 2. REFUNDABLE CREDIT FOR LONG-TERM CARE. (a) General Rule.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 36 as section 37 and by inserting after section 35 the following new section: ``SEC. 36. FAMILY CARE 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 the sum of $3,000 multiplied by the number of applicable individuals with respect to whom the taxpayer is an eligible caregiver for the taxable year. ``(b) Limitation.-- ``(1) Applicable individuals taken into account.--For purposes of this section, a taxpayer may not take into account more than 2 applicable individuals (4 in the case of a joint return) for any taxable year. ``(2) Based on adjusted gross income.-- ``(A) In general.--The amount of the credit allowable under subsection (a) shall be reduced (but not below zero) by $100 for each $1,000 (or fraction thereof) by which the taxpayer's modified adjusted gross income exceeds the threshold amount. For purposes of the preceding sentence, the term `modified adjusted gross income' means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. ``(B) Threshold amount.--For purposes of this paragraph, the term `threshold amount' means-- ``(i) $150,000 in the case of a joint return, and ``(ii) $100,000 in the case of an individual who is not married, and ``(iii) $75,000 in the case of a married individual filing a separate return. ``(c) Definitions.--For purposes of this section-- ``(1) Applicable individual.-- ``(A) In general.--The term `applicable individual' means, with respect to any taxable year, any individual who has been certified, before the due date for filing the return of tax for the taxable year (determined without regard to extensions), by a physician (as defined in section 1861(r) of the Social Security Act) as being an individual with long-term care needs described in subparagraph (B) for a period-- ``(i) which is at least 180 consecutive days, and ``(ii) a portion of which occurs within the taxable year. Such term shall not include any individual otherwise meeting the requirements of the preceding sentence unless within the 39\1/2\ month period ending on such due date (or such other period as the Secretary prescribes) a physician (as so defined) has certified that such individual meets such requirements. ``(B) Individuals with long-term care needs.--An individual is described in this subparagraph if the individual meets any of the following requirements: ``(i) The individual is at least 6 years of age and-- ``(I) is unable to perform (without substantial assistance from another individual) at least 3 activities of daily living (as defined in section 7702B(c)(2)(B)) due to a loss of functional capacity, ``(II) requires substantial supervision to protect such individual from threats to health and safety due to severe cognitive impairment and is unable to perform at least 1 activity of daily living (as so defined) or to the extent provided in regulations prescribed by the Secretary (in consultation with the Secretary of Health and Human Services), is unable to engage in age appropriate activities, or ``(III) requires substantial supervision to protect such individual from threats to health and safety due to a severe psychological disability, mental retardation, or related developmental disabilities and would otherwise require residence in a psychiatric hospital, an intermediate care facility for the mentally retarded, or similar residential facility approved by the Secretary of Health and Human Services. ``(ii) The individual is at least 2 but not 6 years of age and is unable due to a loss of functional capacity to perform (without substantial assistance from another individual) at least 2 of the following activities: eating, transferring, or mobility. ``(iii) The individual is under 2 years of age and requires specific durable medical equipment by reason of a severe health condition or requires a skilled practitioner trained to address the individual's condition to be available if the individual's parents or guardians are absent. ``(C) Psychological disability defined.--The term `psychological disability' means any diagnosable clinical condition on Axis I or Axis II of the current edition of the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders which is of a severity that requires substantial supervision or residence in a psychiatric hospital or similar residential facility approved by the Secretary. ``(D) Mental retardation defined.--The term `mental retardation' means any developmental disability (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 15002)) which is of a severity that requires substantial supervision or residence in an intermediate care facility for the mentally retarded, or similar residential facility approved by the Secretary of Health and Human Services. ``(2) Eligible caregiver.-- ``(A) In general.--A taxpayer shall be treated as an eligible caregiver for any taxable year with respect to the following individuals: ``(i) The taxpayer. ``(ii) The taxpayer's spouse. ``(iii) An individual with respect to whom the taxpayer is allowed a deduction under section 151 for the taxable year. ``(iv) An individual who would be described in clause (iii) for the taxable year if section 152(d)(1)(B) were applied by substituting for the exemption amount an amount equal to the sum of the exemption amount, the standard deduction under section 63(c)(2)(C), and any additional standard deduction under section 63(c)(3) which would be applicable to the individual if clause (iii) applied. ``(v) An individual who would be described in clause (iii) for the taxable year if-- ``(I) the requirements of subparagraph (B) are met with respect to the individual in lieu of the support test of section 152(c)(1)(D) or 152(d)(1)(C), as the case may be, and ``(II) in the case of an individual who is not a qualifying child (as defined in section 152(d)) for the taxable year, the requirements of clause (iv) are met with respect to the individual. ``(B) Residency test.--The requirements of this subparagraph are met if an individual has as his principal place of abode the home of the taxpayer for the taxable year and-- ``(i) in the case of an individual who is an ancestor or descendant of the taxpayer or the taxpayer's spouse, is a member of the taxpayer's household for over half the taxable year, or ``(ii) in the case of any other individual, is a member of the taxpayer's household for the entire taxable year. ``(C) Special rules where more than 1 eligible caregiver.-- ``(i) In general.--If more than 1 individual is an eligible caregiver with respect to the same applicable individual for taxable years ending with or within the same calendar year, a taxpayer shall be treated as the eligible caregiver if each such individual (other than the taxpayer) files a written declaration (in such form and manner as the Secretary may prescribe) that such individual will not claim such applicable individual for the credit under this section. ``(ii) No agreement.--If each individual required to file a written declaration under clause (i) does not do so, the individual with the highest modified adjusted gross income (as defined in subsection (b)(2)) shall be treated as the eligible caregiver. ``(iii) Married individuals filing separately.--In the case of married individuals filing separately, the determination under this subparagraph as to whether the husband or wife is the eligible caregiver shall be made under the rules of clause (ii) (whether or not one of them has filed a written declaration under clause (i)). ``(d) Identification Requirement.--No credit shall be allowed under this section to a taxpayer with respect to any applicable individual unless the taxpayer includes the name and taxpayer identification number of such individual, and the identification number of the physician or licensed independent practitioner licensed by the State to render relevant diagnosis certifying such individual, on the return of tax for the taxable year. ``(e) Taxable Year Must Be Full Taxable Year.--Except in the case of a taxable year closed by reason of the death of the taxpayer, no credit shall be allowable under this section in the case of a taxable year covering a period of less than 12 months. ``(f) Termination.--This section shall not apply to taxable years beginning after December 31, 2010.''. (b) Conforming and Clerical Amendments.-- (1) Paragraph (2) of section 6213(g) of such Code (relating to mathematical or clerical error) is amended-- (A) by striking ``and'' at the end of subparagraph (L), by striking the period at the end of subparagraph (M) and inserting ``, and'', and by inserting after subparagraph (M) the following new subparagraph: ``(N) an omission of a correct TIN or physician identification required under section 36(d) (relating to family care credit) to be included on a return.'', and (B) in the matter preceding clause (i) of subparagraph (L), by striking ``or 32'' and inserting ``32, or 36''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 36 and inserting the following: ``Sec. 36. Family care credit. ``Sec. 37 Overpayments of tax.''. (c) Appropriations for Refund.--Section 1324(b)(2) of title 31, United States Code, is amended by striking ``or 53(e)'' and inserting ``, 53(e), or 36''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2008. SEC. 3. MODIFICATION OF DEPENDENT CARE CREDIT. (a) Credit Allowed for Costs Incurred To Care for Parent and Grandparents Who Do Not Live With Taxpayer.--Paragraph (1) of section 21(b) of the Internal Revenue Code of 1986 (defining qualifying individual) is amended by striking ``or'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ``, or'', and by adding at the end the following new subparagraph: ``(D) in the case of taxable years beginning in 2009 and 2010, an individual described in subparagraph (B) (determined without regard to whether such person has the same principal place of abode as the taxpayer for any part of such taxable year) who is the taxpayer's mother or father (or an ancestor of either).''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2008. SEC. 4. DEPENDENT CARE ASSISTANCE PROGRAM EXCLUSION LIMITATION TO BE APPLIED WITH RESPECT TO EACH QUALIFYING INDIVIDUAL. (a) In General.--Subsection (e) of section 129 of the Internal Revenue Code of 1986 (relating to definitions and special rules) is amended by adding at the end the following new paragraph: ``(10) Increased exclusion limitation for 2009 and 2010.-- ``(A) In general.--In the case of taxable years beginning in 2009 and 2010, subsection (a)(2)(A) shall be applied by substituting `provided during a taxable year for each qualifying individual with respect to the taxpayer' for `provided during a taxable year'. For purposes of the preceding sentence, not more than 4 individuals may be treated as qualifying individuals at any one time. ``(B) Identifying information required with respect to qualifying individuals.--No amount paid or incurred by an employer for dependent care assistance provided to an employee with respect to a qualifying individual shall be excluded from the gross income of such employee by application of subparagraph (A) unless the TIN of such individual is included on the return claiming the credit.''. (b) Conforming Amendment.--Subsection (c) of section 21 of such Code (relating to dollar limit on amount creditable) is amended by inserting ``(but not below zero)'' after ``shall be reduced''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2008.

Caregiver Financial Relief Act of 2008 - Amends the Internal Revenue Code to: (1) allow caregivers of family members with long-term care needs a refundable tax credit of $3,000 for up to two such family members each year through 2010; (2) allow in 2009 and 2010 the tax credit for dependent care expenses for parents (or ancestors of such parents) who do not reside with the taxpayer; and (3) allow in 2009 and 2010 an increased exclusion from gross income for employer-provided dependent care assistance.

To amend the Internal Revenue Code of 1986 to provide a credit against tax for certain caregivers, to expand the dependent care credit, and to increase the exclusion limitation for dependent care assistance programs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Crude Oil Export Equality Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the United States has enjoyed a renaissance in energy production-- (A) increasing domestic investment and jobs; and (B) establishing the United States as a world leader in crude oil production; (2) the United States upholds a commitment to free trade and open markets and has consistently opposed attempts by other nations to restrict the free flow of energy; (3) independent studies have concluded that allowing the export of domestically produced crude oil-- (A) will increase the globally available supply of crude oil; and (B) will tend to reduce domestic prices for gasoline and other refined petroleum products in the United States; (4) gasoline and other refined petroleum products are already eligible for export from the United States without restriction; (5) gasoline prices in the United States reflect the price paid on the global market for crude oil and not a separate crude oil price in the United States; (6) exports of crude oil produced in the United States would provide an alternative stable supplier for crude oil to allies of the United States around the world-- (A) allowing United States crude oil exports to compete on equal footing with other international crudes; (B) allowing United States crude oil exports to compete with and potentially displace crude oil exports from Iran, as potential easing of sanctions could lead to Iran regaining market share; (C) facilitating assistance to the countries of Europe and Eurasia to diversify their energy sources and achieve energy security by providing another option to protect against possible unstable supply flows; and (D) allowing the United States to use national energy policy to further United States interests abroad; and (7) the United States should remove all restrictions on the export of domestically produced crude oil or crude oil of any origin, which will increase economic benefits, enhance energy security, improve the trade deficit, and promote key national security interests of the United States domestically and around the world. SEC. 3. CRUDE OIL EXPORTS. (a) Repeal of Presidential Authority To Restrict Oil Exports.-- (1) In general.--Section 103 of the Energy Policy and Conservation Act (42 U.S.C. 6212) is repealed. (2) Conforming amendments.-- (A) The table of contents for the Energy Policy and Conservation Act is amended by striking the item relating to section 103. (B) The Energy Policy and Conservation Act is amended-- (i) in section 251 (42 U.S.C. 6271)-- (I) by striking subsection (d); and (II) by redesignating subsection (e) as subsection (d); and (ii) in section 523(a)(1) (42 U.S.C. 6393(a)(1)), by striking ``(other than section 103 thereof)''. (C) Section 12 of the Alaska Natural Gas Transportation Act of 1976 (15 U.S.C. 719j) is amended-- (i) by striking ``and section 103 of the Energy Policy and Conservation Act''; and (ii) by striking ``such Acts'' and inserting ``that Act''. (b) Repeal of Limitations on Exports of Oil.-- (1) In general.--Section 28 of the Mineral Leasing Act (30 U.S.C. 185) is amended-- (A) by striking subsection (u); and (B) by redesignating subsections (v) through (y) as subsections (u) through (x), respectively. (2) Conforming amendments.-- (A) Section 1107(c) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3167(c)) is amended by striking ``(u) through (y)'' and inserting ``(u) through (x)''. (B) The Deepwater Port Act of 1974 is amended-- (i) in section 3(9)(A) (33 U.S.C. 1502(9)(A)), by striking ``except as otherwise provided in section 23,''; and (ii) by striking section 23 (33 U.S.C. 1522). (C) Section 203(c) of the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1652(c)) is amended in the first sentence by striking ``(w)(2), and (x))'' and inserting ``(v)(2), and (w))''. (D) Section 509(c) of the Public Utility Regulatory Policies Act of 1978 (43 U.S.C. 2009(c)) is amended by striking ``subsection (w)(2)'' and inserting ``subsection (v)(2)''. (c) Repeal of Limitations on Export of OCS Oil or Gas.--Section 28 of the Outer Continental Shelf Lands Act (43 U.S.C. 1354) is repealed. (d) Termination of Limitation on Exportation of Crude Oil.--Section 7(d) of the Export Administration Act of 1979 (50 U.S.C. App. 2406(d)) (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)) shall have no force or effect. (e) Clarification of Crude Oil Regulation.-- (1) In general.--Except as provided in paragraph (2), section 754.2 of title 15, Code of Federal Regulations (relating to crude oil) shall have no force or effect. (2) Limitation.--With respect to the export of crude oil from the Strategic Petroleum Reserve, the regulation referred to in paragraph (1) (as in effect on the date that is 1 day before the date of enactment of this Act) shall continue in full force and effect. (3) Crude oil license requirements.--A license to export to a country crude oil (as the term is defined in subsection (a) of the regulation referred to in paragraph (1)) (as in effect on the date that is 1 day before the date of enactment of this Act), shall be required from the Bureau of Industry and Security of the Department of Commerce, after consultation with other relevant agencies, only if-- (A) the country is subject to sanctions or trade restrictions imposed by the United States; (B) the President or Congress has designated the country as subject to exclusion for reasons of national security; or (C) the export concerns the withdrawal of crude oil from the Strategic Petroleum Reserve. (f) Effect.--Except as provided in section 4, any provision of law or regulation that curtails, limits, delays, or otherwise restricts the export of crude oil shall have no force or effect. SEC. 4. EXCEPTIONS AND PRESIDENTIAL AUTHORITY. (a) In General.--The President may impose export licensing requirements or other restrictions on the export of crude oil from the United States for a period of not more than 1 year, if-- (1) the President declares a national emergency and formally notices the declaration of a national emergency in the Federal Register; (2) the export licensing requirements or other restrictions on the export of crude oil from the United States under this section apply to 1 or more countries, persons, or organizations in the context of sanctions or trade restrictions imposed by the United States for reasons of national security by the Executive authority of the President or by Congress; or (3) the Secretary of Commerce, in consultation with the Secretary of Energy, finds and reports to the President that-- (A) the export of crude oil pursuant to this Act has caused sustained material oil supply shortages or sustained oil prices significantly above world market levels that are directly attributable to the export of crude oil produced in the United States; and (B) those supply shortages or price increases have caused or are likely to cause sustained material adverse employment effects in the United States. (b) Renewal.--Any requirement or restriction imposed pursuant to paragraph (1) may be renewed for 1 or more additional periods of not more than 1 year each. SEC. 5. GAO REVIEW AND REPORT. (a) In General.--Not later than 1 year after the date of enactment of this Act, and annually thereafter for 2 years, the Comptroller General of the United States shall conduct a review of-- (1) energy production in the United States; and (2) the effects, if any, of crude oil exports from the United States on consumers, independent refiners, and shipbuilding and ship repair yards. (b) Contents of Report.--Not later than 1 year after commencing each review under subsection (a), the Comptroller General of the United States shall submit to the Committees on Energy and Natural Resources, Banking, Housing, and Urban Affairs, Commerce, Science, and Transportation, and Foreign Relations of the Senate and the Committees on Natural Resources, Energy and Commerce, Financial Services, and Foreign Affairs of the House of Representatives a report that includes-- (1) a statement of the principal findings of the review; and (2) recommendations for Congress and the President to address any job loss in the shipbuilding and ship repair industry or adverse impacts on consumers and refiners that the Comptroller General of the United States attributes to unencumbered crude oil exports in the United States.

American Crude Oil Export Equality Act Amends the Energy Policy and Conservation Act to repeal the authority of the President to restrict exports of: coal, petroleum products, natural gas, or petrochemical feedstocks; and materials or equipment which he determines necessary for either exploration, production, refining, or transportation of energy supplies, or for construction or maintenance of energy facilities within the United States. Amends the Mineral Leasing Act to repeal limitations on exports of oil. Amends the Outer Continental Shelf Lands Act to repeal limitations on export of Outer Continental Shelf oil or gas on the lands within its purview. Declares without force or effect: the limitation placed upon crude oil exports by the Export Administration Act of 1979, and a specified regulation relating to crude oil (but retains its full force and effect with respect to crude oil exports from the Strategic Petroleum Reserve [SPR]). Requires a license from the Bureau of Industry and Security of the Department of Commerce for export to a country of crude oil only if: the country is subject to sanctions or trade restrictions imposed by the United States, the President or Congress has designated the country as subject to exclusion for reasons of national security, or the export concerns the withdrawal of crude oil from the SPR. Authorizes the President to ban crude oil exports from the United States during a national emergency for a maximum period of one year (renewable for additional one-year periods) if certain circumstances exist. Directs the Governmental Accountability Office to conduct annual reviews of: energy production in the United States; and the effects, if any, of crude oil exports from the United States on consumers, independent refiners, and shipbuilding and ship repair yards.

American Crude Oil Export Equality Act

SECTION 1. TEACHER PROFESSIONAL DEVELOPMENT INSTITUTES. Title II of the Higher Education Act of 1965 (20 U.S.C. 1021 et seq.) is amended by adding at the end the following: ``PART C--TEACHER PROFESSIONAL DEVELOPMENT INSTITUTES ``SEC. 241. SHORT TITLE. ``This part may be cited as the `Teacher Professional Development Institutes Act'. ``SEC. 242. FINDINGS AND PURPOSE. ``(a) Findings.--Congress makes the following findings: ``(1) The ongoing professional development of teachers in the subjects the teachers teach is essential for improved student learning. ``(2) Attaining the goal of the No Child Left Behind Act of 2001, of having a teacher who is highly qualified in every core subject classroom, will require innovative and effective approaches to improving the quality of teaching. ``(3) The Teachers Institute Model is an innovative approach that encourages a collaboration between urban school teachers and university faculty. The Teachers Institute Model focuses on the continuing academic preparation of school teachers and the application of what the teachers study to their classrooms and potentially to the classrooms of other teachers. ``(4) The Teachers Institute Model has also been successfully demonstrated over a 3-year period in a National Demonstration Project (hereafter in this part referred to as the `National Demonstration Project') in several cities. ``(b) Purpose.--The purpose of this part is to provide Federal assistance to support the establishment and operation of Teachers Institutes for local educational agencies that serve significant low- income populations in States throughout the Nation-- ``(1) to improve student learning; and ``(2) to enhance the quality of teaching by strengthening the subject matter mastery of current teachers through continuing teacher preparation. ``SEC. 243. DEFINITIONS. ``In this part: ``(1) Poverty line.--The term `poverty line' means the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Community Services Block Grant Act) applicable to a family of the size involved. ``(2) Significant low-income population.--The term `significant low-income population' means a student population of which not less than 25 percent are from families with incomes below the poverty line. ``(3) State.--The term `State' means each of the several States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. ``(4) Teachers institute.--The term `Teachers Institute' means a partnership or joint venture between or among 1 or more institutions of higher education, and 1 or more local educational agencies serving a significant low-income population, which partnership or joint venture-- ``(A) is entered into for the purpose of improving the quality of teaching and learning through collaborative seminars designed to enhance both the subject matter and the pedagogical resources of the seminar participants; and ``(B) works in collaboration to determine the direction and content of the collaborative seminars. ``SEC. 244. GRANT AUTHORITY. ``(a) In General.--The Secretary is authorized-- ``(1) to award grants to Teachers Institutes to encourage the establishment and operation of Teachers Institutes; and ``(2) to provide technical assistance, either directly or through existing Teachers Institutes, to assist local educational agencies and institutions of higher education in preparing to establish and in operating Teachers Institutes. ``(b) Selection Criteria.--In selecting a Teachers Institute for a grant under this part, the Secretary shall consider-- ``(1) the extent to which the proposed Teachers Institute will serve a community with a significant low-income population; ``(2) the extent to which the proposed Teachers Institute will follow the Understandings and Necessary Procedures that have been developed following the National Demonstration Project; ``(3) the extent to which the local educational agency participating in the proposed Teachers Institute has a high percentage of teachers who are unprepared or under prepared to teach the core academic subjects the teachers are assigned to teach; and ``(4) the extent to which the proposed Teachers Institute will receive a level of support from the community and other sources that will ensure the requisite long-term commitment for the success of a Teachers Institute. ``(c) Consultation.-- ``(1) In general.--In evaluating applications under subsection (b), the Secretary may request the advice and assistance of existing Teachers Institutes. ``(2) State agencies.--If the Secretary receives 2 or more applications for new Teachers Institutes that propose serving the same State, the Secretary shall consult with the State educational agency regarding the applications. ``(d) Fiscal Agent.--For the purpose of this part, an institution of higher education participating in a Teachers Institute shall serve as the fiscal agent for the receipt of grant funds under this part. ``(e) Limitations.--A grant under this part-- ``(1) shall be awarded for a period not to exceed 5 years; and ``(2) shall not exceed 50 percent of the total costs of the eligible activities, as determined by the Secretary. ``SEC. 245. ELIGIBLE ACTIVITIES. ``(a) In General.--Grant funds awarded under this part may be used-- ``(1) for the planning and development of applications for the establishment of Teachers Institutes; ``(2) to provide assistance to the Teachers Institutes established during the National Demonstration Project to enable the Teachers Institutes-- ``(A) to develop further the Teachers Institutes; or ``(B) to support the planning and development of applications for new Teachers Institutes; ``(3) for the salary and necessary expenses of a full-time director to plan and manage the Teachers Institute and to act as liaison between the local educational agency and the institution of higher education participating in the Teachers Institute; ``(4) to provide suitable office space, staff, equipment, and supplies, and to pay other operating expenses, for the Teachers Institute; ``(5) to provide a stipend for teachers participating in collaborative seminars in the sciences and humanities, and to provide remuneration for those members of the faculty of the institution of higher education participating in the Teachers Institute who lead the seminars; and ``(6) to provide for the dissemination through print and electronic means of curriculum units prepared in the seminars conducted by the Teachers Institute. ``(b) Technical Assistance.--The Secretary may use not more than 50 percent of the funds appropriated to carry out this part to provide technical assistance to facilitate the establishment and operation of Teachers Institutes. For the purpose of this subsection, the Secretary may contract with existing Teachers Institutes to provide all or a part of the technical assistance under this subsection. ``SEC. 246. APPLICATION, APPROVAL, AND AGREEMENT. ``(a) In General.--To receive a grant under this part, a Teachers Institute shall submit an application to the Secretary that-- ``(1) meets the requirement of this part and any regulations under this part; ``(2) includes a description of how the Teachers Institute intends to use funds provided under the grant; ``(3) includes such information as the Secretary may require to apply the criteria described in section 244(b); ``(4) includes measurable objectives for the use of the funds provided under the grant; and ``(5) contains such other information and assurances as the Secretary may require. ``(b) Approval.--The Secretary shall-- ``(1) promptly evaluate an application received for a grant under this part; and ``(2) notify the applicant within 90 days of the receipt of a completed application of the Secretary's approval or disapproval of the application. ``(c) Agreement.--Upon approval of an application, the Secretary and the Teachers Institute shall enter into a comprehensive agreement covering the entire period of the grant. ``SEC. 247. REPORTS AND EVALUATIONS. ``(a) Report.--Each Teachers Institute receiving a grant under this part shall report annually on the progress of the Teachers Institute in achieving the purpose of this part and the purposes of the grant. ``(b) Evaluation and Dissemination.-- ``(1) Evaluation.--The Secretary shall evaluate the activities funded under this part and submit an annual report regarding the activities 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. ``(2) Dissemination.--The Secretary shall broadly disseminate successful practices developed by Teachers Institutes. ``(c) Revocation.--If the Secretary determines that a Teachers Institute is not making substantial progress in achieving the purpose of this part and the purposes of the grant by the end of the second year of the grant under this part, the Secretary may take appropriate action, including revocation of further payments under the grant, to ensure that the funds available under this part are used in the most effective manner. ``SEC. 248. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this part-- ``(1) $4,000,000 for fiscal year 2005; ``(2) $5,000,000 for fiscal year 2006; ``(3) $6,000,000 for fiscal year 2007; ``(4) $7,000,000 for fiscal year 2008; and ``(5) $8,000,000 for fiscal year 2009.''.

Teacher Professional Development Institutes Act - Amends the the Higher Education Act of 1965 to establish a program for Teachers Institutes (TIs). Requires a TI to: (1) be a partnership or joint venture between or among one or more institutions of higher education (IHEs) and one or more local educational agencies (LEAs) serving a significant low-income population; and (2) use collaborative seminars to enhance subject matter and participants' teaching resources. Authorizes the Secretary of Education to: (1) award grants to TIs to establish and operate TIs; and (2) provide technical assistance to LEAs and IHEs to prepare to establish and to operate TIs.

A bill to provide a grant program to support the establishment and operation of Teachers Institutes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Startup Innovation Credit Act of 2012''. SEC. 2. TREATMENT OF RESEARCH CREDIT FOR CERTAIN STARTUP COMPANIES. (a) In General.-- (1) In general.--Section 41 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(i) Treatment of Credit to Qualified Small Businesses.-- ``(1) In general.--At the election of a qualified small business, the payroll tax credit portion of the credit determined under subsection (a) shall be treated as a credit allowed under section 3111(f) (and not under this section). ``(2) Payroll tax credit portion.--For purposes of this subsection, the payroll tax credit portion of the credit determined under subsection (a) for any taxable year is so much of such credit as does not exceed $250,000. ``(3) Qualified small business.--For purposes of this subsection-- ``(A) In general.--The term `qualified small business' means, with respect to any taxable year-- ``(i) a corporation, partnership, or S corporation if-- ``(I) the gross receipts (as determined under subsection (c)(7)) of such entity for the taxable year is less than $5,000,000, and ``(II) such entity did not have gross receipts (as so determined) for any period preceding the 5-taxable-year period ending with such taxable year, and ``(ii) any person not described in subparagraph (A) if clauses (i) and (ii) of subparagraph (A) applied to such person, determined-- ``(I) by substituting `person' for `entity' each place it appears), and ``(II) in the case of an individual, by only taking into account the aggregate gross receipts received by such individual in carrying on trades or businesses of such individual. ``(B) Limitation.--Such term shall not include an organization which is exempt from taxation under section 501. ``(4) Election.-- ``(A) In general.--In the case of a partnership or S corporation, an election under this subsection shall be made at the entity level. ``(B) Revocation.--An election under this subsection may not be revoked without the consent of the Secretary. ``(C) Limitation.--A taxpayer may not make an election under this subsection if such taxpayer has made an election under this subsection for 5 or more preceding taxable years. ``(5) Aggregation rules.--For purposes of determining the $250,000 limitation under paragraph (2) and determining gross receipts under paragraph (3), all members of the same controlled group of corporations (within the meaning of section 267(f)) and all persons under common control (within the meaning of section 52(b) but determined by treating an interest of more than 50 percent as a controlling interest) shall be treated as 1 person. ``(6) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this subsection, including-- ``(A) regulations to prevent the avoidance of the purposes of paragraph (3) through the use of successor companies or other means, ``(B) regulations to minimize compliance and recordkeeping burdens under this subsection for start- up companies, and ``(C) regulations for recapturing the benefit of credits determined under section 3111(f) in cases where there is a subsequent adjustment to the payroll tax credit portion of the credit determined under subsection (a), including requiring amended returns in the cases where there is such an adjustment.''. (2) Conforming amendment.--Section 280C(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(5) Treatment of qualified small business credit.--For purposes of determining the amount of any credit under section 41(a) under this subsection, any election under section 41(i) shall be disregarded.''. (b) Credit Allowed Against FICA Taxes.-- (1) In general.--Section 3111 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(f) Credit for Research Expenditures of Qualified Small Businesses.-- ``(1) In general.--In the case of a qualified small business which has made an election under section 41(i), there shall be allowed as a credit against the tax imposed by subsection (a) on wages paid with respect to the employment of all employees of the qualified small business for days in an applicable calendar quarter an amount equal to the payroll tax credit portion of the research credit determined under section 41(a). ``(2) Carryover of unused credit.--In any case in which the payroll tax credit portion of the research credit determined under section 41(a) exceeds the tax imposed under subsection (a) for an applicable calendar quarter-- ``(A) the succeeding calendar quarter shall be treated as an applicable calendar quarter, and ``(B) the amount of credit allowed under paragraph (1) shall be reduced by the amount of credit allowed under such paragraph for all preceding applicable calendar quarters. ``(3) Allocation of credit for controlled groups, etc.--In determining the amount of the credit under this subsection-- ``(A) all persons treated as a single taxpayer under section 41 shall be treated as a single taxpayer under this section, and ``(B) the credit (if any) allowable by this section to each such member shall be its proportionate share of the qualified research expenses, basic research payments, and amounts paid or incurred to energy research consortiums, giving rise to the credit allowable under section 41. ``(4) Definitions.--For purposes of this subsection-- ``(A) Applicable calendar quarter.--The term `applicable calendar quarter' means-- ``(i) the first calendar quarter following the date on which the qualified small business files a return under section 6012 for the taxable year for which the payroll tax credit portion of the research credit under section 41(a) is determined, and ``(ii) any succeeding calendar quarter treated as an applicable calendar quarter under paragraph (2)(A). ``For purposes of determining the date on which a return is filed, rules similar to the rules of section 6513 shall apply. ``(B) Other terms.--Any term used in this subsection which is also used in section 41 shall have the meaning given such term under section 41.''. (2) Transfers to federal old-age and survivors insurance trust fund.--There are hereby appropriated to the Federal Old- Age and Survivors Trust Fund and the Federal Disability Insurance Trust Fund established under section 201 of the Social Security Act (42 U.S.C. 401) amounts equal to the reduction in revenues to the Treasury by reason of the amendments made by paragraph (1). Amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred to such Trust Fund had such amendments not been enacted. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2011.

Startup Innovation Credit Act of 2012 - Amends the Internal Revenue Code to allow a qualified small business, other than a tax-exempt organization, to use a portion of its tax credit for increasing research expenditures as an offset against its payroll tax liability under the Federal Insurance Contributions Act (FICA). Defines "qualified small business" as a corporation, partnership, or S corporation if the gross receipts of such entity for the taxable year are less than $5 million and such entity did not have gross receipts for any period preceding the 5-year period ending with such taxable year. Limits the amount of the payroll tax credit portion to $250,000 in any taxable year.

To amend the Internal Revenue Code of 1986 to provide for startup businesses to use a portion of the research and development credit to offset payroll taxes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Union Transparency and Accountability Act''. SEC. 2. DISCLOSURE REQUIREMENTS. Section 208 of the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. 438) is amended-- (1) by striking ``The Secretary'' and inserting ``(a) The Secretary''; and (2) by adding at the end the following: ``(b) Notwithstanding subsection (a) and for each fiscal year, a labor organization that would be required to file form LM-2 under part 403 of title 29, Code of Federal Regulations, under section 201(a) (as such part was in effect on October 12, 2009) shall be required to annually file with the Secretary-- ``(1) form LM-2, as published in the appendix to the final rule issued by the Secretary of Labor entitled `Labor Organization Annual Financial Reports' (74 Fed. Reg. 3678 (January 21, 2009)); or ``(2) a successor form that includes all of the information required in such form LM-2 (as such form was published on January 21, 2009). ``(c) Notwithstanding subsection (a) and for each fiscal year, a labor organization that would be required to file form T-1 under part 403 of title 29, Code of Federal Regulations (as such part was in effect on November 30, 2010) shall file with the Secretary, as the report concerning trusts in which a labor organization is interested-- ``(1) form T-1, as published in the appendix to the final rule issued by the Secretary entitled `Labor Organization Annual Financial Reports for Trusts in Which a Labor Organization Is Interested, Form T-1' (73 Fed. Reg. 57412 (October 2, 2008)); or ``(2) a successor form that includes all of the information required in such form T-1 (as such form was published on October 2, 2008). ``(d) Notwithstanding subsection (a) and for each fiscal year, an officer or employee of a labor organization who would be required to file form LM-30 under part 404 of title 29, Code of Federal Regulations (as such part was in effect on October 25, 2011) shall be required to file with the Secretary-- ``(1) form LM-30, as published in the appendix to the final rule issued by the Secretary entitled `Labor Organization Officer and Employee Report, Form LM-30' (72 Fed. Reg. 36106 (July 2, 2007)); or ``(2) a successor form that includes all of the information required in such form LM-30 (as such form was published on July 2, 2007).''. SEC. 3. CIVIL FINES RELATING TO DISCLOSURE VIOLATIONS. (a) Civil Fines for Failure To Provide Information to Members.-- Section 201 of the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. 431) is amended-- (1) by redesignating subsection (c) as subsection (c)(1); and (2) by inserting after such subsection (c)(1) the following: ``(2) Any labor organization that fails to meet the requirements of paragraph (1) with respect to a member, by refusing to make available the information required to be contained in a report required to be submitted under this title, and any books, records, and accounts necessary to verify such report (unless such failure or refusal results from matters reasonably beyond the control of the labor organization), may in the court's discretion, and in addition to any other relief provided by law and determined proper by the court, be liable to such member for an amount that is not more than $250 a day from the date of such failure or refusal (except that such amount shall be adjusted for inflation in the same manner as the Secretary adjusts the amount of a civil fine under section 211(c)). For purposes of this paragraph, each violation with respect to any single member shall be treated as a separate violation.''. (b) Civil Enforcement for Failure To File a Timely Report.--Section 210 of the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. 440) is amended to read as follows: ``SEC. 210. CIVIL ENFORCEMENT. ``(a) In General.--Whenever it shall appear that any person has violated or is about to violate any of the provisions of this title, or section 301(a), the Secretary may bring a civil action for such relief, including an injunction or the enforcement of a civil fine imposed under section 211, as may be appropriate. Any such action may be brought in the district court of the United States where the violation occurred or in the United States District Court for the District of Columbia. ``(b) Judicial Review for Enforcement of Civil Fines.-- ``(1) Standard of review.--Upon a complaint filed by the Secretary seeking the enforcement of a civil fine, the appropriate district court shall impose the civil fine that has been determined to be appropriate by the Secretary-- ``(A) if the person, labor organization, or employer against whom the civil fine is sought has been provided written notice and an opportunity to be heard before the Secretary or a designee of such Secretary, in accordance with procedures established by the Secretary under section 211(g)(1); and ``(B) unless the Secretary's determination is shown to be arbitrary and capricious. ``(2) Scope of review.--The appropriate court shall not consider any objection or argument that was not raised in the proceedings before the Secretary. ``(c) Appropriateness of Injunctive Relief.--Upon a complaint filed by the Secretary seeking relief under this section demonstrating that a person, labor organization, or employer has failed to file timely and complete reports required by this title or section 301(a), or has filed reports that are substantially incomplete or inaccurate, or that information required to be reported may be lost or destroyed absent such relief, the district court shall issue an order enjoining continued violation of this title or section 301(a). Injunctive relief may be awarded in addition to any other additional civil or criminal remedy and whether or not the Secretary seeks enforcement of a civil fine.''. (c) Authority To Impose Civil Fines.--Title II of the Labor- Management Reporting and Disclosure Act of 1959 (29 U.S.C. 431 et seq.) is amended-- (1) by redesignating section 211 as section 212; and (2) by inserting after section 210 the following: ``SEC. 211. CIVIL FINES. ``(a) Notice; Correction Period.--Upon finding a violation of subsection (a) or (b) of section 201 or section 202, 203, 207, 212, or 301(a), the Secretary shall, in accordance with standards and procedures established by the Secretary under subsection (g), provide the person, labor organization, or employer responsible for such violation-- ``(1) written notice of the violation; and ``(2) a period of time to correct the violation that is not more than 30 days after the date that the Secretary provides such written notice. ``(b) Fines Assessed.--Subject to the other provisions of this section, if the Secretary determines that a person, labor organization, or employer has violated subsection (a) or (b) of section 201 or section 202, 203, 207, 212, or 301(a) and has not corrected the violation within the period described in subsection (a)(2), the Secretary may assess a civil fine against the person, labor organization, or employer responsible for such violation. ``(c) Amount of Civil Fine.-- ``(1) Maximum amount.--A civil fine under this section shall be for an amount that is not more than $250 a day from the date of the violation, and not more than $45,000 in the aggregate, except that such amounts shall be adjusted in accordance with the inflation adjustment procedures prescribed in the Federal Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C. 2461 note; Public Law 101-410). ``(2) Factors in determining amount.--In determining the amount of a civil fine under this section, the Secretary may consider-- ``(A) the gravity of the offense; ``(B) any history of prior offenses (including offenses occurring before the date of enactment of this section) of the person, labor organization, or employer responsible for such violation; ``(C) the ability of such person, labor organization, or employer to pay the civil fine without material impairment of the ability to carry out representational functions or honor other financial obligations; ``(D) any injury to uninvolved members of the labor organization or to the public; ``(E) any benefits to such person, labor organization, or employer resulting from such violation; ``(F) the ability of the civil fine to deter future such violations; and ``(G) any other factors that the Secretary may determine to be appropriate to further the purposes of this Act. ``(d) Limitation.--A person, labor organization, or employer shall not be required to pay a civil fine under this section for a violation of subsection (a) or (b) of section 201 or section 202, 203, 207, 212, or 301(a) for which a material cause was reasonably beyond the control of such person, labor organization, or employer. ``(e) Incomplete Reports.--A report rejected by the Secretary as incomplete shall be considered not filed for purposes of determining the existence of a violation of subsection (a) or (b) of section 201 or section 202, 203, 207, 212, or 301(a), and a civil fine may be assessed for such violation. ``(f) Effect on Criminal Sanctions.--The imposition of a civil fine under this section shall not affect the availability of criminal sanctions against any person, labor organization, or employer who knowingly or willfully violates a provision of this Act. ``(g) Standards and Procedures.-- ``(1) In general.--The Secretary shall establish, pursuant to sections 208 and 606, standards and procedures governing the imposition of a civil fine under this section that include providing the person, labor organization, or employer responsible for an alleged violation of subsection (a) or (b) of section 201 or section 202, 203, 207, 212, or 301(a) with-- ``(A) written notice of such violation; and ``(B) an opportunity for a hearing before the Secretary or a designee of such Secretary. ``(2) Judicial review.-- ``(A) In general.--After exhausting all administrative remedies established by the Secretary under paragraph (1), a person, labor organization, or employer against whom the Secretary has imposed a civil fine under this section may obtain a review of such fine in the United States District Court where the violation occurred or in the United States District Court for the District of Columbia, by filing in such court, within 30 days of the entry of a final order imposing the civil fine, a written petition that the Secretary's order or determination be modified or be set aside in whole or in part. ``(B) Standard of review.--Upon petition for review of a civil fine under this section, the appropriate district court shall impose the civil fine determined to be appropriate by the Secretary-- ``(i) if the person, labor organization, or employer against whom the civil fine is sought has been provided written notice and an opportunity to be heard, in accordance with the procedures established by the Secretary under paragraph (1); and ``(ii) unless the Secretary's determination is shown to be arbitrary and capricious. ``(C) Scope of review.--In reviewing a civil fine under this section, the appropriate district court shall not consider any objection or argument that was not raised in the proceedings before the Secretary. ``(h) Settlement by Secretary.--The Secretary may compromise, modify, or remit any civil fine that may be, or has been, imposed under this section.''. (d) Technical and Conforming Amendments.--The Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. 401 et seq.) is further amended-- (1) in section 205 (29 U.S.C. 435), by striking ``211'' each place it appears and inserting ``212''; (2) in section 207(b) (29 U.S.C. 437(b)), by striking ``211'' each place it appears and inserting ``212''; and (3) in section 301(b) (29 U.S.C. 461(b)), by striking ``and 210'' and inserting ``210, and 211''. SEC. 4. WHISTLEBLOWER PROTECTIONS FOR LABOR ORGANIZATION EMPLOYEES. Title II of the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. 431 et seq.) is amended by inserting after section 211 the following: ``SEC. 211A. WHISTLEBLOWER PROTECTION FOR LABOR ORGANIZATION EMPLOYEES. ``(a) Whistleblower Protection.--It shall be unlawful for any labor organization to discharge or in any other manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this Act, or has testified or is about to testify in any such proceeding. ``(b) Enforcement and Remedies.--Any person whose rights secured by the provisions of this title have been infringed by any violation of this title may bring a civil action in the appropriate district court of the United States for such relief as may be appropriate, including an injunction. A civil action under this subsection against a labor organization shall be brought in the district court of the United States for the district where the alleged violation occurred or where the principal office of such labor organization is located.''.

Union Transparency and Accountability Act - Amends the Labor-Management Reporting and Disclosure Act of 1959 to revise specified current reporting requirements to require every labor organization to file annually with the Secretary of Labor (currently, the Office of Labor Management Standards of the Department of Labor) its: form LM-2, as published in the appendix to the final rule issued by the Secretary entitled "Labor Organization Annual Financial Reports" dated January 21, 2009, or a successor form including the same information; and form T-1, as published in the appendix to the final rule issued by the Secretary entitled "Labor Organization Annual Financial Reports for Trusts in Which a Labor Organization is Interested, Form T-1" dated October 2, 2008, or a successor form including the same information. Requires similarly certain labor organization officers or employees (as under current law) to file annually with the Secretary form LM-30, as published in the appendix to the final rule issued by the Secretary entitled "Labor Organization Officer and Employee Report, Form LM-30" dated July 2, 2007, or a successor form including the same information. Prescribes civil penalties for any labor organization that fails to disclose to its members specified information contained in a report, including a financial report, required to be filed with the Secretary. Revises the authority of the Secretary to bring a civil action in a U.S. district Court or in the U.S. District Court for the District of Columbia for the actual or imminent failure of any person to file required reports. Requires the Secretary to establish certain standards and procedures for the imposition by the appropriate district court of civil fines for persons, labor organizations, or employers who violate specified reporting requirements. Prescribes a civil fine of up to $250 a day from the date of a violation, with an aggregate maximum of $45,000, both amounts adjusted for inflation. Prescribes certain whistleblower protections for labor organization employees who file complaints or institute, or cause to be instituted, proceedings under the Act, or testify or are about to tesify in any such proceedings.

Union Transparency and Accountability Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fuel Energy Affordability and Conservation Act''. TITLE I--DRAWDOWN OF STRATEGIC PETROLEUM RESERVE SEC. 101. FINDINGS. Congress finds that-- (1) a sharp, sustained increase in the price of crude oil would negatively affect the overall economic well-being of the United States; (2) the United States currently imports roughly 55 percent of its oil; (3) the oil market is often greatly influenced by nonmarket-based supply manipulations, including price fixing and production quotas; and (4) heating oil price increases disproportionately harm the poor and the elderly. SEC. 102. DRAWDOWN OF STRATEGIC PETROLEUM RESERVE. Section 161(d) of the Energy Policy and Conservation Act (42 U.S.C. 6241(d)) is amended by adding at the end the following: ``(3) Reduction in supply caused by anticompetitive conduct.-- ``(A) In general.--For the purposes of this section, in addition to the circumstances set forth in section 3(8) and in paragraph (2) of this subsection, a severe energy supply interruption shall be deemed to exist if the President determines that-- ``(i) there is a significant reduction in supply that-- ``(I) is of significant scope and duration; and ``(II) has caused a significant increase in the price of petroleum products; ``(ii) the increase in price is likely to cause a significant adverse impact on regional economies; and ``(iii) a substantial cause of the reduction in supply is either-- ``(I) the anticompetitive conduct of 1 or more foreign countries or international entities; or ``(II) a reduction in refinery utilization, as reported by the Energy Information Administration. ``(B) Deposit and use of proceeds.--Proceeds from the sale of petroleum drawn down pursuant to a Presidential determination under subparagraph (A) shall-- ``(i) be deposited in the SPR Petroleum Account; and ``(ii) be used only for the purposes specified in section 167. ``(C) Replacement arrangements.--When the Secretary executes a drawdown pursuant to a Presidential determination under subparagraph (A), the Secretary may enter into an arrangement that provides for the replacement of the petroleum products withdrawn from the Strategic Petroleum Reserve.''. SEC. 103. REPORTING AND CONSULTATION REQUIREMENTS. If the price of a barrel of crude oil exceeds $25 (in constant 1999 United States dollars) for a period greater than 14 days, the President, through the Secretary of Energy, shall, not later than 30 days after the end of the 14-day period, submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Commerce of the House of Representatives a report that-- (1) states the results of a comprehensive review of the causes and potential consequences of the price increase; (2) provides an estimate of the likely duration of the price increase, based on analyses and forecasts of the Energy Information Administration; (3) provides an analysis of the effects of the price increase on the cost of home heating oil; and (4) states whether, and provides a specific rationale for why, the President does or does not support the drawdown and distribution of a specified amount of oil from the Strategic Petroleum Reserve. TITLE II--CREDITS FOR ENERGY EFFICIENCY IMPROVEMENTS BY HOMEOWNERS AND SMALL BUSINESSES SEC. 201. CREDIT FOR ENERGY EFFICIENCY IMPROVEMENTS TO EXISTING HOMES. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25A the following new section: ``SEC. 25B. ENERGY EFFICIENCY IMPROVEMENTS TO EXISTING HOMES. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 20 percent of the amount paid or incurred by the taxpayer for qualified energy efficiency improvements installed during such taxable year. ``(b) Limitations.-- ``(1) Maximum credit.--The credit allowed by this section with respect to a dwelling shall not exceed $2,000. ``(2) Prior credit amounts for taxpayer on same dwelling taken into account.--If a credit was allowed to the taxpayer under subsection (a) with respect to a dwelling in 1 or more prior taxable years, the amount of the credit otherwise allowable for the taxable year with respect to that dwelling shall not exceed the amount of $2,000 reduced by the sum of the credits allowed under subsection (a) to the taxpayer with respect to the dwelling for all prior taxable years. ``(c) Carryforward of Unused Credit.--If the credit allowable under subsection (a) exceeds the limitation imposed by section 26(a) for such taxable year reduced by the sum of the credits allowable under subpart A of part IV of subchapter A (other than this section), such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year. ``(d) Qualified Energy Efficiency Improvements.--For purposes of this section, the term `qualified energy efficiency improvements' means any energy efficient building envelope component, and any energy efficient heating, cooling, or water heating appliance, the installation of which, by itself or in combination with other such components or appliances, is certified to improve the annual energy performance of the existing home by at least 30 percent, if-- ``(1) such component or appliance is installed in or on a dwelling-- ``(A) located in the United States, and ``(B) owned and used by the taxpayer as the taxpayer's principal residence (within the meaning of section 121), ``(2) the original use of such component or appliance commences with the taxpayer, and ``(3) such component or appliance reasonably can be expected to remain in use for at least 5 years. Such certification shall be made by the contractor who installed such improvements, a local building regulatory authority, or a qualified energy consultant (such as a utility or an accredited home energy rating system provider). ``(e) Special Rules.-- ``(1) Tenant-stockholder in cooperative housing corporation.--In the case of an individual who is a tenant- stockholder (as defined in section 216) in a cooperative housing corporation (as defined in such section), such individual shall be treated as having paid his tenant- stockholder's proportionate share (as defined in section 216(b)(3)) of the cost of qualified energy efficiency improvements made by such corporation. ``(2) Condominiums.-- ``(A) In general.--In the case of an individual who is a member of a condominium management association with respect to a condominium which he owns, such individual shall be treated as having paid his proportionate share of the cost of qualified energy efficiency improvements made by such association. ``(B) Condominium management association.--For purposes of this paragraph, the term `condominium management association' means an organization which meets the requirements of paragraph (1) of section 528(c) (other than subparagraph (E) thereof) with respect to a condominium project substantially all of the units of which are used as residences. ``(f) Basis Adjustment.--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 subsection) result from such expenditure shall be reduced by the amount of the credit so allowed. ``(g) Application of Section.--Subsection (a) shall apply to qualified energy efficiency improvements installed during the period beginning on January 1, 2000, and ending on December 31, 2004.''. (b) Conforming Amendments.-- (1) Subsection (c) of section 23 of such Code is amended by striking ``and section 1400C'' and inserting ``and sections 25B and 1400C''. (2) Subparagraph (C) of section 25(e)(1) of such Code is amended by striking ``and 1400C'' and inserting ``, 25B, and 1400C''. (3) Subsection (d) of section 1400C of such Code is amended by inserting ``and section 25B'' after ``other than this section''. (4) Subsection (a) of section 1016 of such Code is amended by striking ``and'' at the end of paragraph (26), by striking the period at the end of paragraph (27) and inserting ``; and'', and by adding at the end the following new paragraph: ``(28) to the extent provided in section 25B(f), in the case of amounts with respect to which a credit has been allowed under section 25B.''. (5) The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25A the following new item: ``Sec. 25B. Energy efficiency improvements to existing homes.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after December 31, 1999. SEC. 202. CREDIT FOR ENERGY EFFICIENCY IMPROVEMENTS BY SMALL BUSINESSES. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by inserting after section 45C the following new section: ``SEC. 45D. ENERGY EFFICIENCY IMPROVEMENTS BY SMALL BUSINESSES. ``(a) In General.--For purposes of section 38, in the case of an eligible small business, the energy efficiency improvement credit determined under this section for the taxable year is an amount equal to 20 percent of the basis of each qualified energy efficiency improvements placed in service during such taxable year. ``(b) Limitations.-- ``(1) Maximum credit.--The credit allowed by this section for the taxable year shall not exceed $2,000. ``(2) Coordination with rehabilitation and energy credits.--For purposes of this section-- ``(A) the basis of any property referred to in subsection (a) shall be reduced by that portion of the basis of any property which is attributable to qualified rehabilitation expenditures (as defined in section 47(c)(2)) or to the energy percentage of energy property (as determined under section 48(a)), and ``(B) expenditures taken into account under either section 47 or 48(a) shall not be taken into account under this section. ``(c) Definitions.--For purposes of this section-- ``(1) Eligible small business.--The term `eligible small business' means any person engaged in a trade or business if the average annual gross receipts of such person (or any predecessor) for the 3-taxable-year period ending with such prior taxable year does not exceed $10,000,000. Rules similar to the rules of paragraphs (2) and (3) of section 448(c) shall apply for purposes of the preceding sentence. ``(2) Qualified energy efficiency improvements.--The term `qualified energy efficiency improvements' means any energy efficient property the installation of which, by itself or in combination with other such property, is certified to improve the annual energy performance of the structure to which it relates by at least 30 percent, if-- ``(A) such property is installed in or on a structure located in the United States, ``(B)(i) the construction, reconstruction, or erection of such property is completed by the taxpayer, or ``(ii) such property which is acquired by the taxpayer if the original use of such property commences with the taxpayer, ``(C) depreciation (or amortization in lieu of depreciation) is allowable with respect to such property, and ``(D) such property reasonably can be expected to remain in use for at least 5 years. Such certification shall be made by the contractor who installed such property, a local building regulatory authority, or a qualified energy consultant (such as a utility or an accredited energy rating system provider). ``(3) Energy efficient property.--The term `energy efficient property' means-- ``(A) any energy efficient building envelope component, and ``(B) any energy efficient heating, cooling, or water heating appliance. ``(d) Application of Section.--Subsection (a) shall apply to property placed in service during the period beginning on January 1, 2000, and ending on December 31, 2004.''. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (11), by striking the period at the end of paragraph (12) and inserting ``, plus'', and by adding at the end thereof the following new paragraph: ``(13) in the case of an eligible small business (as defined in section 45D(c)), the energy efficiency improvement credit determined under section 45D.''. (c) Credit Allowed Against Regular and Minimum Tax.-- (1) In general.--Subsection (c) of section 38 of such Code (relating to limitation based on amount of tax) is amended by redesignating paragraph (3) as paragraph (4) and by inserting after paragraph (2) the following new paragraph: ``(3) Special rules for small business energy efficiency improvement credit.-- ``(A) In general.--In the case of the energy efficiency improvement credit-- ``(i) this section and section 39 shall be applied separately with respect to the credit, and ``(ii) in applying paragraph (1) to the credit-- ``(I) subparagraph (A) thereof shall not apply, and ``(II) the limitation under paragraph (1) (as modified by subclause (I)) shall be reduced by the credit allowed under subsection (a) for the taxable year (other than the energy efficiency improvement credit). ``(B) energy efficiency improvement credit.--For purposes of this subsection, the term `energy efficiency improvement credit' means the credit allowable under subsection (a) by reason of section 45D.''. (2) Conforming amendment.--Subclause (II) of section 38(c)(2)(A)(ii) of such Code is amended by inserting ``or the energy efficiency improvement credit'' after ``employment credit''. (d) Limitation on Carryback.--Subsection (d) of section 39 of such Code is amended by adding at the end the following new paragraph: ``(9) No carryback of energy efficiency improvement credit before effective date.--No portion of the unused business credit for any taxable year which is attributable to the credit determined under section 45D may be carried back to any taxable year ending before the date of the enactment of section 45D.''. (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 (7), by striking the period at the end of paragraph (8) and inserting ``, and'', and by adding after paragraph (8) the following new paragraph: ``(9) the energy efficiency improvement credit determined under section 45D.''. (f) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 45C the following new item: ``Sec. 45D. Energy efficiency improvements by small businesses.''. (g) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act.

Mandates that proceeds from sales of petroleum drawn down pursuant to such determinations be: (1) deposited in the SPR Petroleum Account; and (2) used only for specified purposes. Directs the President to report to certain congressional committees on causes and potential consequences if the price of a barrel of crude oil exceeds $25 for a period greater than 14 days. Title II: Credits for Energy Efficiency Improvements by Homeowners and Small Businesses - Amends the Internal Revenue Code to allow as a tax credit of 20 percent of the expenses (up to $2000) of qualified energy efficiency improvements by: (1) the taxpayer to an existing home; and (2) eligible small businesses to improvements placed in service during the taxable year.

Fuel Energy Affordability and Conservation Act

PROCEDURES. (a) In General.--Title 38, United States Code, is amended by inserting after chapter 7 the following new chapter: ``CHAPTER 8--EMPLOYMENT DISCRIMINATION ``Sec. ``801. Scope of chapter. ``802. Office of Employment Discrimination Complaints Resolution. ``803. Informal complaint resolution. ``804. Investigation of complaints. ``805. Final agency decision; hearings. ``806. Review of final agency decisions. ``807. Unlawful employment discrimination defined. ``Sec. 801. Scope of chapter ``(a) The procedures established in this chapter shall be implemented in a manner consistent with procedures applicable under regulations prescribed by the Equal Employment Opportunity Commission. ``(b) In the case of an employee of the Department who alleges that the employee has been subjected to unlawful employment discrimination (as defined in section 807 of this title), the allegation shall be considered under the procedures applicable to the Merit Systems Protection Board under title 5 (rather than under the procedures set forth in this chapter) if the action (or failure to act) of which the employee complains is an employment action or practice that is otherwise appealable to the Merit Systems Protection Board. ``(c) Nothing in this chapter supersedes-- ``(1) the rights and remedies available to employees under title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), including the rights and remedies provided in section 1977A of the Revised Statutes (42 U.S.C. 1981a); or ``(2) any right or obligation of an employee to elect (in lieu of procedures under this chapter) to raise an allegation of unlawful employment discrimination under grievance procedures established under a collective bargaining agreement. ``Sec. 802. Office of Employment Discrimination Complaints Resolution ``(a)(1) There is in the Department an Office of Employment Discrimination Complaints Resolution (hereinafter in this chapter referred to as the `Office'), which shall be headed by a Director. The Director shall report only to the Secretary and Deputy Secretary. ``(2) Subject to the direction of the Secretary, the Director shall have sole responsibility within the Department for administering the procedures under this chapter for resolving complaints of unlawful employment discrimination arising within the Department. ``(3) In addition to the functions of the Director under paragraph (2), the Director shall perform such other functions as the Secretary may prescribe consistent with the functions of the Director under paragraph (2). ``(b) The Secretary shall employ within the Office administrative law judges appointed in accordance with section 3105 of title 5 for the purposes of this chapter and such other personnel as the Office may require. In appointing administrative law judges, the Secretary should consider the composition of the persons appointed, taken as a group, in terms of race, sex, and veterans status, compared with the composition of the total Department workforce in terms of race, sex, and veterans status. ``(c) The Secretary shall ensure that the Director is furnished sufficient resources to enable the Director to carry out the functions of the Office under this chapter in a timely manner. ``(d) The Secretary shall include in the documents submitted to Congress by the Secretary in support of the President's budget for each fiscal year-- ``(1) detailed information on the budget for the Office; ``(2) the Secretary's opinion as to whether the resources (including the number of employees) proposed in the budget for that fiscal year are adequate to enable the Secretary to comply with statutory and regulatory deadlines for the administration of the procedures under this chapter and other provisions of law relating to the resolution of complaints of unlawful employment discrimination involving the Department; and ``(3) a report on the activities of the Office during the preceding fiscal year, including (A) a statement of the number and nature of complaints of unlawful employment discrimination received and the number and nature of complaints resolved, and the results of any appellate review, during the year, (B) a description of the timeliness of the resolution of complaints during the year, and (C) a statement of significant decisions and trends affecting the work of the Office. ``(e)(1) The Director shall prescribe-- ``(A) standards of timeliness for the expeditious resolution of complaints of unlawful employment discrimination under this chapter; ``(B) the qualifications and training requirements for employees of the Office; ``(C) requirements for record-keeping pertaining to counseling and investigations by employees of the Office; and ``(D) standards for the conduct of investigations under section 804 of this title. ``(2) Regulations under paragraph (1) shall be consistent with regulations prescribed by the Equal Employment Opportunity Commission, except that, in the interest of the expeditious resolution of complaints, the Director may prescribe shorter time periods with respect to any deadline or administrative period that is applicable only to the time within which the Government may (or is required to) act. ``Sec. 803. Informal complaint resolution ``Employees of the Office shall counsel employees of the Department, and applicants for employment with the Department, who allege that they have been subject to unlawful employment discrimination by an officer or employee of the Department. The Office shall seek to resolve such complaints in an expeditious and impartial manner through informal investigation and conciliation using procedures prescribed by the Director. ``Sec. 804. Investigation of complaints ``(a) If a complaint of unlawful employment discrimination is filed with the Department and the complaint is not resolved through the informal resolution process under section 803 of this title, the Director shall assign the complaint to an administrative law judge, who shall determine whether the complaint shall be accepted for investigation. ``(b)(1) The administrative law judge assigned to a complaint shall make such determination in accordance with regulations of the Equal Employment Opportunity Commission, except that if the administrative law judge determines that the complaint is without merit, the administrative law judge may determine that the complaint is not to be accepted for investigation. ``(2) A decision that a complaint is not to be accepted for investigation is a final agency decision of the matter. ``(c)(1) If the administrative law judge determines that the complaint is to be accepted, the Director shall promptly provide for an investigation of the complaint, which shall be carried out by employees of the Office (or by contract personnel acquired by the Director). The employee (or contractor) conducting the investigation shall submit to the Director a complete written report of the results of the investigation. ``(2) If a portion of a complaint is accepted for investigation and a portion is not accepted, the individual filing the complaint or the Department may request the administrative law judge to direct the suspension of the investigation of the portion of the complaint accepted for investigation pending the results of any review of the decision not to accept the other portion. ``(3) The Director shall furnish a copy of the investigative report (including a copy of the investigative file) to the administrative law judge, the individual who filed the complaint, and the Secretary. The administrative law judge may direct that an additional investigation be made if the administrative law judge determines that an additional investigation is warranted. ``Sec. 805. Final agency decision; hearings ``(a) The final agency decision on a complaint of unlawful employment discrimination, in a case not resolved through informal procedures under section 803 of this title, shall be made by an administrative law judge. ``(b) The individual filing the complaint may request a hearing on the matter. Any such request shall be made in such time and manner as may be prescribed by the Director. The administrative law judge shall grant a request for a hearing unless, after giving appropriate notice and allowing an opportunity to respond to such notice, the administrative law judge determines that there is no genuine dispute as to a material fact. ``(c) If the administrative law judge grants a request of the individual filing the complaint for a hearing, the administrative law judge-- ``(1) may conduct the hearing on the matter; or ``(2) may refer the matter for a hearing by a hearing examiner. ``(d) In any hearing under this section, the administrative law judge or hearing examiner presiding at the hearing shall have the authorities set forth in section 556(c) of title 5. ``Sec. 806. Review of final agency decisions ``(a) If the final agency decision in a case complaining of unlawful employment discrimination by an officer or employee of the Department is adverse to the individual filing the complaint, the individual may appeal the decision to the Equal Employment Opportunity Commission or may institute an action on the case in the appropriate United States district court, as provided by law. ``(b) If the final agency decision in such a case is adverse to the Department, the Secretary may appeal the decision to the Equal Employment Opportunity Commission. Any such appeal shall be made within 30 days after the date of the receipt by the Secretary of the decision. The Equal Employment Opportunity Commission may act on such an appeal in the same manner as in the case of an appeal by an individual against a final agency decision. ``Sec. 807. Unlawful employment discrimination defined ``For purposes of this chapter, the term `unlawful employment discrimination' means any action, or failure to act, that is a violation of any of the following: ``(1) Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.). ``(2) The Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.). ``(3) Section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206). ``(4) Section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791).''. (b) Clerical Amendment.--The tables of chapters at the beginning of title 38, United States Code, and at the beginning of part I of such title, are amended by inserting after the item relating to chapter 7 the following new item: ``8. Employment Discrimination.............................. 801''. SEC. 3. TRANSITION. Chapter 8 of title 38, United States Code, as added by section 2, shall apply with respect to complaints of unlawful employment discrimination that are filed after the end of the six-month period beginning on the date of the enactment of this Act. Any complaint filed before the end of such period shall be resolved in accordance with the procedures in effect on the date of the enactment of this Act. SEC. 4. WHISTLEBLOWER PROTECTION FOR TITLE 38 EMPLOYEES. (a) In General.--(1) Chapter 74 of title 38, United States Code, is amended by inserting at the end of subchapter V the following new section: ``Sec. 7465. Disclosures of violations of law, gross mismanagement, and certain other matters: protection of employees ``(a) The provision of section 2302(b)(8) of title 5 shall apply with respect to an employee, or applicant for employment, in a position covered by this chapter in the same manner as if that position were a `covered position' within the meaning of section 2302(a)(2)(B) of title 5. ``(b) Subsection (a) shall apply for purposes of applying the provisions of subchapters II and III of chapter 12 of title 5 which relate to any authority to conduct investigations, or to seek or administer any corrective action, disciplinary action, or other remedy in connection with a prohibited personnel practice described in section 2302(b)(8) of such title.''. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 7464 the following new item: ``7465. Disclosures of violations of law, gross mismanagement, and certain other matters: protection of employees.''. (b) Effective Date.--(1) Subject to paragraph (2), section 7465 of title 38, United States Code, as added by subsection (a), shall apply with respect to personnel actions occurring before, on, or after the date of the enactment of this Act, but subject to any deadline for commencing any action for relief. (2) Such section shall not affect any administrative proceeding pending on the date of the enactment of this Act, and order shall be issued in any such proceeding, and appeals shall be taken therefrom, as if such section had not been enacted. Passed the House of Representatives April 27, 1993. Attest: DONNALD K. ANDERSON, Clerk.

Department of Veterans Affairs Employment Discrimination Act - Requires consideration under procedures applicable to the Merit Systems Protection Board of any allegation by an employee of the Department of Veterans Affairs of unlawful employment discrimination if the action (or failure to act) of which the employee complains is an employment action or practice otherwise appealable to such Board. Establishes in the Department an Office of Employment Discrimination Complaints Resolution headed by a Director who shall administer Department procedures for resolving complaints of unlawful employment discrimination. Requires the Secretary of Veterans Affairs to include certain information with respect to Office budgets and activities in annual budget documents submitted to the Congress. Directs Office employees to counsel and resolve the complaints of Department employees in an expeditious and informal manner through informal investigation and conciliation. Outlines procedures for: (1) the investigation of complaints through either informal resolution or assignment to an administrative law judge; (2) a hearing and final agency decision by such a judge for cases unresolved through the informal process; and (3) review of final agency decisions by either the Equal Employment Opportunity Commission or the appropriate U.S. district court. Provides protection of Department employees under appropriate Federal whistleblower protection provisions.

Department of Veterans Affairs Employment Discrimination Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``School Food Fresh Act of 2007''. SEC. 2. DEFINITIONS. In this Act: (1) Commodity program.--The term ``commodity program'' means any of-- (A) the commodity supplemental food program established under section 5 of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note; Public Law 93-86); (B) the food distribution program on Indian reservations established under section 4(b) of the Food Stamp Act of 1977 (7 U.S.C. 2013(b)); (C) the emergency food assistance program established under the Emergency Food Assistance Act of 1983 (7 U.S.C. 7501 et seq.) and section 27 of the Food Stamp Act of 1977 (7 U.S.C. 2036); (D) the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); (E) the summer food service program for children established under section 13 of that Act (42 U.S.C. 1761); (F) the child and adult care food program established under section 17 of that Act (42 U.S.C. 1766); and (G) the school breakfast program established under section 4 of that Act (42 U.S.C. 1773). (2) Department.--The term ``Department'' means the Department of Agriculture. (3) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (4) Task force.--The term ``Task Force'' means the multiagency task force established under section 3(a). SEC. 3. MULTIAGENCY TASK FORCE. (a) In General.--The Secretary shall establish, in the office of the Under Secretary for Food, Nutrition, and Consumer Services, a multiagency task force for the purpose of providing coordination and direction for commodity programs. (b) Composition.--The Task Force shall be composed of at least 4 members, including-- (1) a representative from the Food Distribution Division of the Food and Nutrition Service, who shall-- (A) be appointed by the Under Secretary for Food, Nutrition, and Consumer Services; and (B) serve as Chairperson of the Task Force; (2) at least 1 representative from the Agricultural Marketing Service, who shall be appointed by the Under Secretary for Marketing and Regulatory Programs; (3) at least 1 representative from the Farm Services Agency, who shall be appointed by the Under Secretary for Farm and Foreign Agricultural Services; and (4) at least 1 representative from the Food Safety and Inspection Service, who shall be appointed by the Under Secretary for Food Safety. (c) Duties.-- (1) In general.--The Task Force shall be responsible for evaluation and monitoring of the commodity programs to ensure that the commodity programs meet the mission of the Department-- (A) to support the United States farm sector; (B) to comply with the most recent Dietary Guidelines for Americans published under section 301 of the National Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C. 5341); and (C) to contribute to the health and well-being of individuals in the United States through the distribution of domestic agricultural products through commodity programs. (2) Specific duties.--In carrying out paragraph (1), the Task Force shall-- (A) review and make recommendations regarding the specifications used for the procurement of food commodities, taking into consideration recommendations based on the results of evaluations carried out using grants made available under section 4; (B) review and make recommendations regarding the effective distribution of food commodities; (C) review and make recommendations regarding efficient and effective systems to ensure the best use of Federal funds to maximize the quantity and quality of foods purchased for recipient agencies and the best use of those purchased foods by recipient agencies; and (D) on the request of the Secretary, review and make recommendations regarding future updates of the Dietary Guidelines for Americans published under section 301 of the National Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C. 5341). (d) Report.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report that describes, for the period covered by the report-- (1) the findings and recommendations of the Task Force; and (2) policies implemented for the betterment of commodity programs. SEC. 4. GRANTS FOR SPECIFICATION DEVELOPMENT. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary shall provide 5 competitive grants to nonprofit research institutions (including research universities) selected by the Secretary for use in evaluating the product specifications of food commodity products procured through commodity programs to determine-- (1) the consistency of those specifications with the nutritional goals of the commodity program; (2) the acceptability of the products procured under the specifications by recipient agencies and consumers; and (3) the extent to which food commodities purchased through commodity programs are comparable to any commercial counterparts to those commodities. (b) Types of Grants.--Of the 5 grants provided under subsection (a), a grant shall be provided for the evaluation and recommendation of product specifications for each of the categories of-- (1) fruits and vegetables; (2) meat; (3) poultry; (4) grains, nuts, and oils; and (5) dairy products. (c) Report.--Not later than 18 months after the date on which the Secretary provides a grant under this section, the recipient of the grant shall submit to the Secretary and the Task Force a report that-- (1) describes the results of evaluations carried out using funds from the grant; and (2) includes recommendations based on those results. (d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $2,500,000. SEC. 5. USDA SCHOOL FOOD FRESH PROGRAM. Section 10603 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 612c-4) is amended to read as follows: ``SEC. 10603. PURCHASE OF SPECIALTY CROPS. ``(a) Definitions.--In this section: ``(1) Fruits, vegetables, other specialty food crops.--The terms `fruits', `vegetables', and `other specialty food crops' shall have the meaning given the terms by the Secretary of Agriculture. ``(2) Secretary.--The term `Secretary' means the Secretary of Agriculture. ``(3) Service institution.--The term `service institution' has the meaning given the term in section 13(a) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761(a)). ``(b) Purchase Authority.--Of the funds made available under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), for fiscal year 2008 and each subsequent fiscal year, the Secretary shall use not less than $200,000,000 each fiscal year to purchase fruits, vegetables, and other specialty food crops. ``(c) USDA School Food Fresh Program.-- ``(1) Definition of eligible product.--In this subsection, the term `eligible product' means a fruit or vegetable item that-- ``(A) is offered by a vendor approved by the Secretary under paragraph (4); ``(B) is fresh, dried, or frozen in a manner that maximizes retention of nutrient density; and ``(C) to the maximum extent practicable, reflects local preferences and supports local agriculture. ``(2) Agreements.--The Secretary, acting through such regional procurement offices of the Department of Agriculture as the Secretary determines to be appropriate, shall carry out a program under which the Secretary shall enter into agreements with local and regional distributors to supply eligible products to schools and service institutions. ``(3) Funds.--Eligible products supplied under an agreement described in paragraph (2) shall be purchased by schools and service institutions using funds that are allocated to the schools or service institutions for the purpose of-- ``(A) purchasing fruits and vegetables; or ``(B) providing nutritious meals. ``(4) Vendors.-- ``(A) In general.--A local or regional distributor of eligible products that seeks to supply eligible products to schools and service institutions under this subsection shall apply to the Secretary for approval as a participating vendor. ``(B) Conditions for approval.--The Secretary shall approve a vendor as eligible to supply eligible products under this subsection if the vendor-- ``(i) demonstrates the ability to supply those eligible products; ``(ii) complies with standards for food safety developed by the Secretary; ``(iii) consistently provides products that meet standards of grade, size, freshness, and quality as required by the Secretary or a local procurement officer; and ``(iv) demonstrates the ability to supply eligible products from local growers and processors. ``(C) Monitoring.-- ``(i) In general.--The Secretary shall develop and implement a system for monitoring vendors approved under this paragraph. ``(ii) Certification.--A monitoring system under clause (i) may include a requirement to obtain certification-- ``(I) in accordance with a program designed by the Secretary; and ``(II) for which the Secretary may require compensation. ``(5) Funding.-- ``(A) In general.--Of the amount specified in subsection (b), the Secretary shall use not less than $50,000,000 each fiscal year for the purchase of eligible products for distribution to schools and service institutions in accordance with section 6(a) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1755(a)). ``(B) Additional available funds.--A school or service institution that uses an agreement described in paragraph (2) to purchase eligible products may allocate up to 30 percent of the funds of the school or service institution authorized under section 6 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1755), and such additional funds as are necessary from funds allocated to the school or service institution under sections 4 and 11 of that Act (42 U.S.C. 1753, 1759a), for the purpose of procuring eligible products through vendors approved by the Secretary under paragraph (4). ``(C) Authorization of appropriations for administrative expenses.--There are authorized to be appropriated such sums as are necessary to pay administrative costs incurred in carrying out this subsection.''. SEC. 6. USE OF COMMODITY ENTITLEMENT FUNDS. (a) In General.--The Secretary shall, to the maximum extent practicable, purchase for commodity programs foods that are in the least-processed state. (b) Processing of Foods.--The Secretary, upon the approval of national processing agreements, shall make available to all schools and other recipient agencies the opportunity to divert unprocessed or minimally-processed commodity foods to subsequent processors for conversion into usable end products.

School Food Fresh Act of 2007 - Directs the Secretary of Agriculture to establish in the office of the Under Secretary for Food, Nutrition, and Consumer Services a task force to coordinate commodity programs. Directs the Secretary to provide five (for each of five specified food categories) competitive grants to nonprofit research institutions to evaluate commodity program products to determine: (1) consistency with program nutritional goals; (2) product acceptability by recipient agencies and consumers; and (3) commercial counterpart comparability. Amends the the Farm Security and Rural Investment Act of 2002 to direct the Secretary to: (1) enter into agreements with qualifying local and regional distributors to supply fruit and vegetable items to schools and service institutions; and (2) implement a vendor monitoring program. Directs that the Secretary: (1) to the maximum extent practicable, purchase for commodity programs foods that are in their least-processed state; and (2) upon the approval of national processing agreements, make available to all schools and other recipient agencies the opportunity to divert unprocessed or minimally-processed commodity foods to subsequent processors for end product conversion.

A bill to amend the Farm Security and Rural Investment Act of 2002 to provide coordination and direction for commodity programs, and to ensure the distribution of fresh fruits and vegetables to schools and service institutions in the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Apprehension of Tainted Money Act of 1997''. SEC. 2. SPECIAL RULES FOR TREATMENT OF CONTRIBUTIONS TO BE RETURNED TO DONORS BY POLITICAL COMMITTEES. (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: ``treatment of certain contributions to be returned to donors ``Sec. 323. (a) Transfer to Commission.--Notwithstanding any other provision of this Act, if a political committee intends to return any contribution given to the committee in an amount equal to or greater than $500 to the person making the contribution (other than a contribution returned within 60 days of receipt by the committee), the committee shall transfer the contribution to the Commission, together with a request that the Commission return the contribution to the person making the contribution in accordance with this section. The Commission shall consider the return of any contribution, and any circumstances surrounding such return, in determining under section 309(a)(2) whether it has reason to believe that a person has committed a violation of this Act, title 18, United States Code, or chapter 95 or 96 of the Internal Revenue Code of 1986. ``(b) Establishment of Escrow Account.-- ``(1) In general.--The Commission shall establish a single interest-bearing escrow account for contributions transferred under subsection (a). ``(2) Procedures upon transfer from committee.--Upon receiving amounts from a political committee under subsection (a), the Commission shall-- ``(A) deposit the amounts in the account established under paragraph (1); and ``(B) notify the Attorney General of the receipt of the amounts from the political committee. ``(3) Use of interest to cover administrative costs.--Any interest earned on amounts in the account established under paragraph (1) shall be applied towards the administrative costs incurred by the Commission in establishing and administering the account, and any remaining interest shall be deposited in the general fund of the Treasury. ``(c) Use of Amounts Placed in Escrow To Cover Fines, Penalties, and Costs of Investigation.--The Commission or the Attorney General may require any contribution deposited in the escrow account under subsection (b) to be used as follows: ``(1) To be applied towards the payment of any fine or penalty imposed under this Act, title 18, United States Code, or chapter 95 or 96 of the Internal Revenue Code of 1986 against the person making the contribution involved. ``(2) If such a fine or penalty is imposed, to be applied towards the costs incurred by the Commission or the Attorney General in conducting any investigation of the contribution involved under this Act, title 18, United States Code, or chapter 95 or 96 of the Internal Revenue Code of 1986. ``(d) Return of Contribution After Deposit in Escrow.--The Commission shall return a contribution deposited in the escrow account under subsection (b) to the person making the contribution if-- ``(1) the Commission and the Attorney General certify that the making of the contribution is not the subject of an investigation under this Act, title 18, United States Code, or chapter 95 or 96 of the Internal Revenue Code of 1986, or that such an investigation has concluded; ``(2) the Commission and the Attorney General certify that the contribution will not be used to cover fines, penalties, or costs pursuant to subsection (c) or, if the contribution will be used for such purposes, that the amounts required for such purposes have been withdrawn from the escrow account and subtracted from the returnable contribution; or ``(3) for any 120-day period after the date the contribution is deposited in the escrow account, neither the Commission nor the Attorney General have pursued an investigation of the making of the contribution under this Act, title 18, United States Code, or chapter 95 or 96 of the Internal Revenue Code of 1986.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to contributions returned on or after the date of the enactment of this Act, without regard to whether the Federal Election Commission or Attorney General has issued regulations to carry out section 323 of the Federal Election Campaign Act of 1971 (as added by such subsection) by such date. SEC. 3. EXPEDITED ADMINISTRATIVE PROCEDURE FOR REGULATIONS. Notwithstanding any provision of subchapter II of chapter 5 of title 5, United States Code, the Federal Election Commission and the Attorney General shall issue final regulations to carry out section 323 of the Federal Election Campaign Act of 1971 (as added by section 2(a)) not later than 30 days after the date of the enactment of this Act.

Apprehension of Tainted Money Act of 1997 - Amends the Federal Election Campaign Act of 1971 (FECA) to require a political committee intending to return any contribution given to the committee in an amount of $500 or more to the person making the contribution (other than a contribution returned within 60 days of receipt by the committee), to transfer the contribution to the Federal Election Commission (Commission), with a request that the Commission return the contribution to the person making the contribution. Directs the Commission to consider the return of any contribution, and any circumstances surrounding such return, in determining whether it has reason to believe that a person has committed a violation of FECA, Federal criminal law, or the Internal Revenue Code. Establishes a single interest-bearing escrow account for contributions transferred. Requires the Commission, upon receiving amounts from a political committee to: (1) deposit the amounts in the account established; and (2) notify the Attorney General of the receipt of the amounts from the political committee. Permits the Commission or the Attorney General to require any contribution deposited in the escrow account to be used as follows: (1) to be applied toward the payment of any fine or penalty imposed against the person making the contribution involved; and (2) if such fine or penalty is imposed, to be applied toward the costs incurred by the Commission or the Attorney General in conducting any investigation of the contribution involved. Provides for the return of a contribution after deposit in the escrow account to the person making the contribution under specified circumstances. (Sec. 3) Directs the Commission and the Attorney General to issue final regulations to carry out the amendments of this Act no later than 30 days after enactment.

Apprehension of Tainted Money Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening Veterans Health Care Act of 2017''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113-146) established the Veterans Choice Program under section 101 of such Act (Public Law 113-146; 38 U.S.C. 1701 note) as a temporary program to address a wait time backlog for the receipt of health care from the Department of Veterans Affairs and a shortage of health care professionals at medical facilities of the Department; (2) as of the date of the enactment of this Act, there are approximately 45,000 vacancies at the Veterans Health Administration; and (3) of those vacancies, approximately 36,000 are vacancies for positions relating to front line care for veterans. SEC. 3. APPROPRIATION OF AMOUNTS FOR HEALTH CARE FROM DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--There is authorized to be appropriated, and is appropriated, to the Secretary of Veterans Affairs, out of any funds in the Treasury not otherwise appropriated, $5,000,000,000 to carry out subsection (c). (b) Availability of Amounts.--The amount appropriated under subsection (a) shall be available for obligation or expenditure without fiscal year limitation. (c) Use of Amounts.--The amount appropriated under subsection (a) shall be used by the Secretary as follows: (1) To increase the access of veterans to care as follows: (A) To hire primary care and specialty care physicians for employment in the Department of Veterans Affairs. (B) To hire other medical staff, including the following: (i) Physicians. (ii) Nurses. (iii) Social workers. (iv) Mental health professionals. (v) Dental professionals. (vi) Other health care professionals as the Secretary considers appropriate. (C) To carry out the following: (i) Section 7412 of title 38, United States Code. (ii) Section 7302(e) of such title. (iii) Section 301(b)(2) of the Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113-146; 38 U.S.C. 7302 note). (D) To pay for expenses, equipment, and other costs associated with the hiring of primary care physicians, specialty care physicians, and other medical staff under subparagraphs (A), (B), and (C). (2) To improve the physical infrastructure of the Department as follows: (A) To maintain and operate hospitals, nursing homes, domiciliary facilities, and other facilities of the Veterans Health Administration. (B) To enter into contracts or hire temporary employees to repair, alter, or improve facilities under the jurisdiction of the Department that are not otherwise provided for under this paragraph. (C) To carry out leases for facilities of the Department. (D) To carry out minor construction projects of the Department. (d) Report.-- (1) In general.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the appropriate committees of Congress a report on how the Secretary has obligated the amount appropriated under subsection (a) as of the date of the submittal of the report. (2) Appropriate committees of congress defined.--In this subsection, the term `` appropriate committees of Congress'' means-- (A) the Committee on Veterans' Affairs and the Committee on Appropriations of the Senate; and (B) the Committee on Veterans' Affairs and the Committee on Appropriations of the House of Representatives. (e) Funding Plan.--The Secretary shall submit to Congress a funding plan describing how the Secretary intends to use the amount appropriated under subsection (a). SEC. 4. EMERGENCY DESIGNATIONS. (a) In General.--This Act is designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)). (b) Designation in Senate.--In the Senate, this Act is designated as an emergency requirement pursuant to section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010.

Strengthening Veterans Health Care Act of 2017 This bill authorizes and appropriates funds to increase veterans access to Department of Veterans Affairs (VA) health care, including by: (1) hiring primary and specialty care physicians and other medical staff, (2) establishing medical residency programs and increasing residency positions, and (3) improving VA health facility infrastructure.

Strengthening Veterans Health Care Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Huntington's Disease Parity Act of 2015''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Huntington's Disease is a progressive degenerative neurological disease that causes total physical and mental deterioration. In the United States, approximately 30,000 individuals are affected by Huntington's Disease, along with another 200,000 individuals who are genetically ``at risk''. There is no effective treatment in terms of halting or slowing the progression of the disease. (2) Clinical indicators of Huntington's Disease include-- (A) loss of ability to control bodily movements; (B) loss of ability to think or act quickly, inability to learn new material, and loss of memory; and (C) behavioral or psychological problems, including personality changes, irritability, mood swings, anxiety, obsessive-compulsive behavior, inability to concentrate, decreased motivation, and severe depression. (3) Adult-onset Huntington's Disease typically results in the development of symptoms in individuals between 30 and 50 years of age. Late-onset Huntington's Disease is characterized by development of symptoms after 50 years of age and is usually associated with a milder course of the disease. Juvenile Huntington's Disease affects individuals who have yet to attain 19 years of age and progresses at a more rapid rate. (4) Because of the incapacitating nature of Huntington's Disease, individuals living with this illness, including those in the early stages of the disease, are unable to retain employment. As a result, many such individuals rely solely on Social Security Disability Insurance. (5) Despite significant advances in medicine and a greater understanding of Huntington's Disease, the Social Security Administration has not comprehensively revised its rules for the medical evaluation of neurological disabilities since 1985. The designation of this disease by the Social Security Administration as ``Huntington's Chorea'' is both outdated and medically inaccurate, as this term fails to recognize the behavioral and cognitive impact of Huntington's Disease, while also providing an incomplete characterization of the full spectrum of Huntington's Disease for purposes of Social Security Disability Insurance and the Medicare program. (6) After qualifying for Social Security Disability Insurance, individuals with Huntington's Disease must wait another 24 months before receiving benefits under the Medicare program, despite the fact that such individuals often become incapacitated before reaching the age-eligibility requirement under the Medicare program of 65 years of age. (7) In 2000, the Centers for Medicaid & Medicare Services waived the 24-month waiting period requirement for people disabled by amyotrophic lateral sclerosis (``ALS''), a degenerative neurological condition that is similar to Huntington's Disease. (8) In light of the outdated Social Security Disability Insurance guidelines for Huntington's Disease and the significant cognitive, behavioral, and physical incapacitation faced by individuals with this disease, there is an urgent need for a revision of the medical and evaluation criteria used by the Social Security Administration in determining whether such individuals are disabled, as well as removal of the 24-month waiting period for coverage under the Medicare program for such individuals, similar to the existing exemption for individuals who have been diagnosed with ALS. SEC. 3. REVISION OF MEDICAL AND EVALUATION CRITERIA FOR EVALUATING DISABILITY CAUSED BY ADULT-ONSET AND JUVENILE HUNTINGTON'S DISEASE. (a) In General.--For purposes of determinations of cognitive, behavioral, and physical disability under titles II and XVI of the Social Security Act, the Commissioner of Social Security, in consultation with the National Institute of Neurological Disorders and Stroke, the National Institutes of Health, and other relevant organizations with medical expertise relating to Adult-Onset and Juvenile Huntington's Disease, shall, not later than 180 days after the date of the enactment of this Act-- (1) amend section 11.00 of part A of the Listing of Impairments (relating to neurological impairments of adults) by-- (A) providing medical and evaluation criteria for Huntington's Disease; and (B) striking ``Huntington's Chorea'' each place it appears; (2) amend section 12.00 of part A of the Listing of Impairments (relating to mental disorders of adults) by providing medical and evaluation criteria for Huntington's Disease; (3) amend section 111.00 of part B of the Listing of Impairments (relating to neurological impairments of children) by providing medical and evaluation criteria for Juvenile Huntington's Disease; and (4) amend section 112.00 of part B of the Listing of Impairments (relating to mental disorders of children) by providing medical and evaluation criteria for Juvenile Huntington's Disease. (b) Listing of Impairments.--For purposes of this section, the term ``Listing of Impairments'' means appendix 1 to subpart P of part 404 of title 20 of the Code of Federal Regulations. SEC. 4. WAIVER OF 24-MONTH WAITING PERIOD FOR COVERAGE UNDER MEDICARE PROGRAM FOR INDIVIDUALS DIAGNOSED WITH HUNTINGTON'S DISEASE. (a) In General.--Section 226(h) of the Social Security Act (42 U.S.C. 426(h)) is amended, in the matter preceding paragraph (1), by inserting ``or Huntington's Disease (HD)'' after ``amyotrophic lateral sclerosis (ALS)''. (b) Effective Date.--The amendment made by subsection (a) shall apply to benefits under title XVIII of the Social Security Act with respect to items and services furnished in months beginning after the date of the enactment of this Act.

Huntington's Disease Parity Act of 2015 Directs the Commissioner of Social Security, for purposes of determining cognitive, behavioral, and physical disability under titles II (Old Age, Survivors, and Disability Insurance) and XVI (Supplemental Security Income) of the Social Security Act (SSAct), to amend specified Listings of Impairments by providing medical and evaluation criteria for Huntington's Disease. Amends SSAct title II to waive the 24-month waiting period for coverage under the program under SSAct title XVIII (Medicare) for individuals diagnosed with Huntington's Disease.

Huntington's Disease Parity Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``International Conservation Corps Act of 2012''. SEC. 2. FINDINGS. Congress finds the following: (1) There is a significant deficit in the capability of many developing countries to manage their natural resources sustainably, which is fundamental to achieving economic development, poverty alleviation, conflict avoidance, good governance, and regional security. (2) Developing countries with a great wealth of natural resources are facing a great risk of conflict. Issues that arise in these countries include corruption, disputes over control and distribution of the resources and resulting wealth, fighting over and destruction of resources and resource-rich areas, and human rights abuses. (3) Developing countries that successfully manage their natural resource wealth, however, continue to benefit from these resources without resulting conflict. (4) It is in the security interest of the United States to share the vast experience and proven methodologies that the United States has achieved over many decades with developing countries struggling to establish their own successful natural resource management programs and policies. (5) The many United States senior professionals retiring from both the public and private sector with extensive experience and expertise in the field of natural resource management, acting in a voluntary capacity, presents a unique and important opportunity to help other countries develop the capacity to manage their natural resources sustainably. SEC. 3. ESTABLISHMENT OF PROGRAM. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the Secretary of State, shall establish a program to provide grants to qualifying nonprofit organizations to enable such organizations to assign and support volunteers to assist foreign countries identified under section 4 in the administration of their natural resources in an environmentally sustainable manner. (b) Details of the Program.--The Secretary shall develop and implement the program such that it includes providing professional, scientific, and technical assistance and training to aid foreign countries in their efforts to-- (1) develop, manage, and protect national parks, natural and cultural heritage sites, and other protected areas; (2) protect wildlife; and (3) develop capacity to sustainably manage their natural resources. SEC. 4. IDENTIFICATION OF FOREIGN COUNTRIES. (a) In General.--The Secretary of State, in consultation with the Administrator of the United States Agency for International Development, shall-- (1) identify foreign countries as appropriate for participation in the program; (2) notify such foreign countries of the program; and (3) encourage such foreign countries to seek to participate in the program. SEC. 5. AWARD OF GRANTS TO QUALIFYING NONPROFIT ORGANIZATIONS. (a) Application.-- (1) Required information.--To be eligible to receive a grant under the program, a qualifying nonprofit organization shall submit to the Secretary an application including information regarding the expertise, past experience, and demonstrated capacity of the organization, as well as such other information as the Secretary may require. (2) Time, form, and manner of application.--The application described in paragraph 1 shall be submitted to the Secretary at such time, and in such form and manner, as the Secretary may require. (3) Solicitation of applications.--The Secretary shall solicit from qualifying nonprofit organizations applications for grants in accordance with this section. (b) Approval Process.--As soon as is practicable after the date of receipt of an application by the Secretary under subsection (a), the Secretary shall approve or disapprove the application. (c) Provision of Grant.--As soon as is practicable after the date on which the Secretary approves an application of a qualifying nonprofit organization under subsection (b), the Secretary shall provide a grant to such organization. SEC. 6. USE OF FUNDS. Any organization that receives a grant under section 5 shall use funds received under such grant to-- (1) recruit highly skilled and experienced volunteers to participate in the program; and (2) place such volunteers with foreign countries participating in the program to work in appropriate projects in the program, subject to section 8. SEC. 7. REPORTING REQUIREMENT. (a) Submission of Periodic Reports.--At times specified by the Secretary, any organization that receives a grant under section 5 shall submit to the Secretary periodic reports that include all information that the Secretary determines is necessary to evaluate the progress and success of projects in the program for the purposes of ensuring positive results, assessing problems, and fostering improvements. (b) Internet Publication of Reports.--The Secretary shall make reports under subsection (a) available to the public through the Internet website of the Department of the Interior. SEC. 8. TERMS AND CONDITIONS OF VOLUNTEER SERVICE. (a) Assignment of Volunteers.--Except as otherwise provided in this Act, the assignment of volunteers in appropriate projects in the program shall be on such terms and conditions as the Secretary may determine. (b) Compensation of Volunteers.--Volunteers selected for participation in projects in the program shall not be compensated except for a stipend to cover travel costs, health and travel insurance costs, living costs, and accommodations, awarded in such amounts as the Secretary determines to be appropriate. SEC. 9. FUNDING. Of the unobligated amounts available to the Department of the Interior for fiscal years 2013 through 2017, notwithstanding any other provision of law specifying the purpose for which such amounts are provided, $10,000,000 is authorized to be made available to carry out this Act for each of the fiscal years 2013 through 2017. SEC. 10. DEFINITIONS. In this Act: (1) Program.--The term ``program'' means the program established pursuant to section 3. (2) Qualifying nonprofit organization.--The term ``qualifying nonprofit organization'' means an entity described in section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior.

International Conservation Corps Act of 2012 - Directs: (1) the Secretary of the Interior to establish a program to provide grants to qualifying nonprofit organizations to assign and support volunteers to assist foreign countries in the administration of their natural resources in an environmentally sustainable manner, and (2) the Secretary of State to identify foreign countries for program participation.

To establish a program to provide grants to nonprofit organizations to enable such organizations to assign and support volunteers to assist foreign countries in the administration of their natural resources in an environmentally sustainable manner.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Children First Child Support Reform Act of 2001''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Modification of rule requiring assignment of support rights as a condition of receiving TANF. Sec. 3. Increasing child support payments to families and simplifying child support distribution rules. Sec. 4. State option to discontinue certain support assignments. Sec. 5. Effective date. SEC. 2. MODIFICATION OF RULE REQUIRING ASSIGNMENT OF SUPPORT RIGHTS AS A CONDITION OF RECEIVING TANF. Section 408(a)(3) of the Social Security Act (42 U.S.C. 608(a)(3)) is amended to read as follows: ``(3) No assistance for families not assigning certain support rights to the state.--A State to which a grant is made under section 403 shall require, as a condition of paying assistance to a family under the State program funded under this part, that a member of the family assign to the State any rights the family member may have (on behalf of the family member or of any other person for whom the family member has applied for or is receiving such assistance) to support from any other person, not exceeding the total amount of assistance so paid to the family, which accrues during the period that the family receives assistance under the program.''. SEC. 3. INCREASING CHILD SUPPORT PAYMENTS TO FAMILIES AND SIMPLIFYING CHILD SUPPORT DISTRIBUTION RULES. (a) Distribution Rules.-- (1) In general.--Section 457(a) of the Social Security Act (42 U.S.C. 657(a)) is amended to read as follows: ``(a) In General.--Subject to subsections (e) and (f), the amounts collected on behalf of a family as support by a State under a plan approved under this part shall be distributed as follows: ``(1) Families receiving assistance.--In the case of a family receiving assistance from the State, the State shall-- ``(A) pay to the Federal Government the Federal share of the amount collected, subject to paragraph (3)(A); ``(B) retain, or pay to the family, the State share of the amount collected, subject to paragraph (3)(B); and ``(C) pay to the family any remaining amount. ``(2) Families that formerly received assistance.--In the case of a family that formerly received assistance from the State: ``(A) Current support.--To the extent that the amount collected does not exceed the current support amount, the State shall pay the amount to the family. ``(B) Arrearages.--Except as otherwise provided in the State plan approved under section 454, to the extent that the amount collected exceeds the current support amount, the State-- ``(i) shall first pay to the family the excess amount, to the extent necessary to satisfy support arrearages not assigned under section 408(a)(3); ``(ii) if the amount collected exceeds the amount required to be paid to the family under clause (i), shall-- ``(I) pay to the Federal Government, the Federal share of the excess amount described in this clause, subject to paragraph (3)(A); and ``(II) retain, or pay to the family, the State share of the excess amount described in this clause, subject to paragraph (3)(B); and ``(iii) shall pay to the family any remaining amount. ``(3) Limitations.-- ``(A) Federal reimbursements.--The total of the amounts paid by the State to the Federal Government under paragraphs (1) and (2) with respect to a family shall not exceed the Federal share of the amount assigned with respect to the family under section 408(a)(3). ``(B) State reimbursements.--The total of the amounts retained by the State under paragraphs (1) and (2) with respect to a family shall not exceed the State share of the amount assigned with respect to the family under section 408(a)(3). ``(4) Families that never received assistance.--In the case of any other family, the State shall pay the amount collected to the family. ``(5) Families under certain agreements.--Notwithstanding paragraphs (1) through (4), in the case of an amount collected for a family in accordance with a cooperative agreement under section 454(33), the State shall distribute the amount collected under the terms of the agreement. ``(6) State financing options.--To the extent that the State share of the amount payable to a family under paragraph (2)(B) exceeds the amount that the State estimates (under procedures approved by the Secretary) would have been payable to the family under former section 457(a)(2)(B) (as in effect for the State immediately before the date on which this subsection, as amended by the Children First Child Support Reform Act of 2001, first applies to the State) if such former section had remained in effect, the State may elect to use the grant made to the State under section 403(a) to pay the amount, or to have the payment considered a qualified State expenditure for purposes of section 409(a)(7), but not both. ``(7) State option to pass through additional support with federal financial participation.-- ``(A) In general.--Notwithstanding paragraphs (1) and (2), a State shall not be required to pay to the Federal Government the Federal share of an amount collected on behalf of a family that is not a recipient of assistance under the State program funded under part A, to the extent that the State pays the amount to the family. ``(B) Recipients of tanf for less than 5 years.-- ``(i) In general.--Notwithstanding paragraphs (1) and (2), a State shall not be required to pay to the Federal Government the Federal share of an amount collected on behalf of a family that is a recipient of assistance under the State program funded under part A and, if the family includes an adult, that has received the assistance for not more than 5 years after the date of enactment of this paragraph, to the extent that-- ``(I) the State pays the amount to the family; and ``(II) subject to clause (ii), the amount is disregarded in determining the amount and type of the assistance provided to the family. ``(ii) Limitation.--Of the amount disregarded as described in clause (i)(II), the maximum amount that may be taken into account for purposes of clause (i) shall not exceed $400 per month, except that, in the case of a family that includes 2 or more children, the State may elect to increase the maximum amount to not more than $600 per month. ``(8) States with demonstration waivers.--Notwithstanding the preceding paragraphs, a State with a waiver under section 1115 that became effective on or before October 1, 1997, the terms of which allow passthrough of child support payments, may pass through such payments in accordance with such terms with respect to families subject to the waiver.''. (2) State plan to include election as to which rules to apply in distributing child support arrearages collected on behalf of families formerly receiving assistance.--Section 454 of the Social Security Act (42 U.S.C. 654) is amended-- (A) by striking ``and'' at the end of paragraph (32); (B) by striking the period at the end of paragraph (33) and inserting ``; and''; and (C) by inserting after paragraph (33) the following: ``(34) include an election by the State to apply section 457(a)(2)(B) or former section 457(a)(2)(B) (as in effect for the State immediately before the date this paragraph, as amended by the Children First Child Support Reform Act of 2001, first applies to the State) to the distribution of the amounts which are the subject of such sections, and for so long as the State elects to so apply such former section, the amendments made by section 2 of the Children First Child Support Reform Act of 2001 shall not apply with respect to the State, notwithstanding section 6(a) of such Act.''. (3) Approval of estimation procedures.--Not later than October 1, 2002, the Secretary of Health and Human Services, in consultation with the States (as defined for purposes of part D of title IV of the Social Security Act (42 U.S.C. 651 et seq.)), shall establish the procedures to be used to make the estimate described in section 457(a)(6) of such Act (42 U.S.C. 657(a)(6)). (b) Current Support Amount Defined.--Section 457(c) of the Social Security Act (42 U.S.C. 657(c)) is amended by adding at the end the following: ``(5) Current support amount.--The term `current support amount' means, with respect to amounts collected as support on behalf of a family, the amount designated as the monthly support obligation of the noncustodial parent in the order requiring the support.''. (c) Conforming Amendments.-- (1) Section 404(a) of the Social Security Act (42 U.S.C. 604(a)) is amended-- (A) by striking ``or'' at the end of paragraph (1); (B) by striking the period at the end of paragraph (2) and inserting ``; or''; and (C) by adding at the end the following: ``(3) to fund payment of an amount under section 457(a)(2)(B), but only to the extent that the State properly elects under section 457(a)(6) to use the grant to fund the payment.''. (2) Section 409(a)(7)(B)(i) of the Social Security Act (42 U.S.C. 609(a)(7)(B)(i)) is amended-- (A) in subclause (I)(aa), by striking ``457(a)(1)(B)'' and inserting ``457(a)(1)''; and (B) by adding at the end the following: ``(V) Portions of certain child support payments collected on behalf of and distributed to families no longer receiving assistance.--Any amount paid by a State under section 457(a)(2)(B), but only to the extent that the State properly elects under section 457(a)(6) to have the payment considered a qualified State expenditure.''. SEC. 4. STATE OPTION TO DISCONTINUE CERTAIN SUPPORT ASSIGNMENTS. Section 457(b) of the Social Security Act (42 U.S.C. 657(b)) is amended by striking ``shall'' and inserting ``may''. SEC. 5. EFFECTIVE DATE. (a) In General.--The amendments made by this section shall take effect on October 1, 2005, and shall apply to payments under parts A and D of title IV of the Social Security Act (42 U.S.C. 601 et seq. and 651 et seq.) for calendar quarters beginning on or after such date, and without regard to whether regulations to implement the amendments (in the case of State programs operated under such part D) are promulgated by such date. (b) State Option To Accelerate Effective Date.--In addition, a State may elect to have the amendments made by section 2 or 3 apply to the State and to amounts collected by the State, on and after such date as the State may select that is after the date of enactment of this Act, by including an election to that effect in the State plan under part D of title IV of the Social Security Act (42 U.S.C. 651 et seq.).

Children First Child Support Reform Act of 2001 - Amends parts A (Temporary Assistance for Needy Families) (TANF) and D (Child Support and Establishment of Paternity) of title IV of the Social Security Act to: (1) modify the rule requiring assignment of support rights as a condition of receiving TANF; (2) increase child support payments to families; (3) revise child support distribution rules; and (4) change from mandatory to discretionary the authority of States to retain certain support rights assignments after a certain date (thus giving them the option to discontinue such assignments).

A bill to provide more child support money to families leaving welfare, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ```Whatever It Takes' To Rebuild Act of 2003''. SEC. 2. FINDINGS. Congress finds the following: (1) Major disasters, including disasters caused by terrorist acts, often result in a decline in economic activity in areas affected by the disaster and a reduction in tax collections by State and local governments serving those areas. (2) A report of the General Accounting Office entitled ``Review of the Estimates for the Impact of the September 11, 2001, Terrorist Attacks on New York Tax Revenues'', dated July 26, 2002, found the following estimates by the New York City and State budget offices to be reasonably approximate-- (A) for fiscal year 2002, tax revenue losses for New York City will be $1,600,000,000 and tax revenue losses for the State of New York will be $1,600,000,000; and (B) for fiscal year 2003, tax revenue losses for New York City will be $1,400,000,000 and tax revenue losses for the State of New York will be $4,200,000,000. (3) Under the community disaster loan program (in this section referred to as the ``CDL program''), as authorized by the Robert T. Stafford Disaster Relief and Emergency Assistance Act, the President may make loans to a local government suffering a substantial loss of tax and other revenues as a result of a major disaster, if the local government demonstrates a need for financial assistance in order to preform its governmental function. (4) The President may cancel the repayment of all or any part of a loan made to a local government under the CDL program if revenues following the disaster are insufficient to meet the operating budget of that local government as a result of disaster-related revenue losses and additional unreimbursed disaster-related municipal operating expenses. In the case of a major disaster resulting from a terrorist attack, repayment of interest or principal on a loan made under the CDL program should not be required. (5) Assistance provided under the CDL program in the past has been instrumental in aiding the full recovery of local governments following a major disaster. (6) The Disaster Mitigation Act of 2000 established a $5,000,000 limitation on loans made to a local government under the CDL program in connection with a major disaster. Before the date of enactment of that Act, there was not any limitation on the amount of such loans. (7) The $5,000,0000 limitation is inequitable when applied to a local government serving a largely populated area, such as New York City, and is inconsistent with the objective of the CDL program to provide meaningful assistance to a local government recovering from a major disaster. (8) Following the terrorist attacks of September 11, 2001, President George W. Bush has been frequently quoted as directing the Federal Government to do ``whatever it takes'' to help New York City recover and rebuild. In this spirit of resolve, assistance for should be provided to New York City and the State of New York for the loss of tax and other revenues as a direct result of these attacks. SEC. 3. COMMUNITY DISASTER LOANS. (a) Eligibility of States.--Section 417 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5184) is amended by striking ``local government'' each place it appears and inserting ``State or local government''. (b) Amount.--Section 417(b) of such Act (42 U.S.C. 5184(b)) is amended-- (1) by striking ``based on need, shall'' and inserting ``based on need and shall''; and (2) by striking ``, and shall not exceed $5,000,000''. (c) Major Disasters Caused by Terrorist Attacks.--Section 417 of such Act (42 U.S.C. 5184) is amended by adding at the end the following: ``(e) Major Disasters Caused by Terrorist Attacks.--The President shall not require the payment of any interest or principal on a loan made under this section to a State or local government which may suffer a substantial loss of tax and other revenues as a result of a major disaster caused by a terrorist attack.''. (d) Applicability.--The amendments made by this section shall apply with respect to any major disaster occurring on or after October 30, 2000. SEC. 4. COMMUNITY DISASTER LOANS FOR LOSSES RELATED TO TERRORIST ATTACKS OF SEPTEMBER 11, 2001. The President is authorized to make loans to New York City and the State of New York under section 417 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5184), as amended by this Act, for losses of tax and other revenues as a result of the major disaster caused by the terrorist attacks of September 11, 2002. Subject to the availability of appropriations, the total amount of such loans shall be $8,800,000,000 or such greater amount as is determined by the President to be necessary to cover such losses. In accordance with section 417(e) of such Act, as added by section 3(c) of this Act, the President shall not require the payment of any interest or principal on such loans.

Whatever It Takes To Rebuild Act of 2003 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to: (1) authorize the President to make community disaster loans to State governments; (2) eliminate the $5 million limit on the amount of any such loan; and (3) prohibit the President from requiring the payment of any interest or principal on such a loan made to a State or local government which may suffer a substantial loss of tax and other revenues as a result of a major disaster caused by a terrorist attack. Provides that this Act shall apply to any major disaster occurring on or after October 30, 2000. Authorizes the President to make community disaster loans to New York City and the State of New York for tax and other revenue losses as a result of the major disaster caused by the terrorist attacks of September 11, 2001. Provides that the total amount of such loans shall be $8.8 billion or such greater amount as is determined by the President to be necessary to cover such losses. Prohibits the President from requiring the payment of any interest or principal on such loans.

To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to modify the terms of the community disaster loan program, to authorize assistance under that program for losses related to the terrorist attacks of September 11, 2001, and for other purposes.

SECTION 1. REINSTATEMENT OF APPLICANTS AS TENTATIVE SELECTEES. (a) In General.--Notwithstanding the order of the Federal Communications Commission in the proceeding described in subsection (c), the Commission shall-- (1) reinstate each applicant as a tentative selectee under the covered rural service area licensing proceeding; and (2) permit each applicant to amend its application, to the extent necessary to update factual information and to comply with the rules of the Commission, at any time before the Commission's final licensing action in the covered rural service area licensing proceeding. (b) Exemption From Petitions To Deny.--For purposes of the amended applications filed pursuant to subsection (a)(2), the provisions of section 309(d)(1) of the Communications Act of 1934 (47 U.S.C. 309(d)(1)) shall not apply. (c) Proceeding.--The proceeding described in this subsection is the proceeding of the Commission In re Applications of Cellwave Telephone Services L.P, Futurewave General Partners L.P., and Great Western Cellular Partners, 7 FCC Rcd No. 19 (1992). SEC. 2. CONTINUATION OF LICENSE PROCEEDING; FEE ASSESSMENT. (a) Award of Licenses.--The Commission shall award licenses under the covered rural service area licensing proceeding within 90 days after the date of the enactment of this Act. (b) Service Requirements.--The Commission shall provide that, as a condition of an applicant receiving a license pursuant to the covered rural service area licensing proceeding, the applicant shall provide cellular radiotelephone service to subscribers in accordance with sections 22.946 and 22.947 of the Commission's rules (47 CFR 22.946, 22.947); except that the time period applicable under section 22.947 of the Commission's rules (or any successor rule) to the applicants identified in subparagraphs (A) and (B) of section 4(1) shall be 3 years rather than 5 years and the waiver authority of the Commission shall apply to such 3-year period. (c) Calculation of License Fee.-- (1) Fee required.--The Commission shall establish a fee for each of the licenses under the covered rural service area licensing proceeding. In determining the amount of the fee, the Commission shall consider-- (A) the average price paid per person served in the Commission's Cellular Unserved Auction (Auction No. 12); and (B) the settlement payments required to be paid by the permittees pursuant to the consent decree set forth in the Commission's order, In re the Tellesis Partners (7 FCC Rcd 3168 (1992)), multiplying such payments by two. (2) Notice of fee.--Within 30 days after the date an applicant files the amended application permitted by section 1(a)(2), the Commission shall notify each applicant of the fee established for the license associated with its application. (d) Payment for Licenses.--No later than 18 months after the date that an applicant is granted a license, each applicant shall pay to the Commission the fee established pursuant to subsection (c) of this section for the license granted to the applicant under subsection (a). (e) Auction Authority.--If, after the amendment of an application pursuant to section 1(a)(2) of this Act, the Commission finds that the applicant is ineligible for grant of a license to provide cellular radiotelephone services for a rural service area or the applicant does not meet the requirements under subsection (b) of this section, the Commission shall grant the license for which the applicant is the tentative selectee (pursuant to section 1(a)(1)) by competitive bidding pursuant to section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)). SEC. 3. PROHIBITION OF TRANSFER. During the 5-year period that begins on the date that an applicant is granted any license pursuant to section 1, the Commission may not authorize the transfer or assignment of that license under section 310 of the Communications Act of 1934 (47 U.S.C. 310). Nothing in this Act may be construed to prohibit any applicant granted a license pursuant to section 1 from contracting with other licensees to improve cellular telephone service. SEC. 4. DEFINITIONS. For the purposes of this Act, the following definitions shall apply: (1) Applicant.--The term ``applicant'' means-- (A) Great Western Cellular Partners, a California general partnership chosen by the Commission as tentative selectee for RSA #492 on May 4, 1989; (B) Monroe Telephone Services L.P., a Delaware limited partnership chosen by the Commission as tentative selectee for RSA #370 on August 24, 1989 (formerly Cellwave Telephone Services L.P.); and (C) FutureWave General Partners L.P., a Delaware limited partnership chosen by the Commission as tentative selectee for RSA #615 on May 25, 1990. (2) Commission.--The term ``Commission'' means the Federal Communications Commission. (3) Covered rural service area licensing proceeding.--The term ``covered rural service area licensing proceeding'' means the proceeding of the Commission for the grant of cellular radiotelephone licenses for rural service areas #492 (Minnesota 11), #370 (Florida 11), and #615 (Pennsylvania 4). (4) Tentative selectee.--The term ``tentative selectee'' means a party that has been selected by the Commission under a licensing proceeding for grant of a license, but has not yet been granted the license because the Commission has not yet determined whether the party is qualified under the Commission's rules for grant of the license.

Directs the Federal Communications Commission (FCC), notwithstanding its order in the proceeding in re Applications of Cellwave Telephone Services L.P., Futurewave General Partners L.P., and Great Western Cellular Partners, to: (1) reinstate each of three specified applicants as a selectee under the covered rural service area licensing proceeding; and (2) permit application amendments, at any time before final licensing action in the covered rural service area, in order to update factual information and comply with FCC rules. Prohibits the submission of petitions to deny such applications. Directs the FCC to: (1) award licenses under such proceeding within 90 days after enactment of this Act; (2) require such applicant to provide cellular radiotelephone service to subscribers in accordance with FCC rules (reducing from five to three years the period in which such applicant may expand the system within that market); and (3) establish a fee for each of the licenses under the proceeding (requiring each applicant to pay such fee within 18 months after its application is granted). Prohibits the FCC, during the five-year period after an application license is granted, from authorizing the transfer or assignment of that license.

To improve cellular telephone service in selected rural areas and to achieve equitable treatment of certain cellular license applicants.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medically Fragile Children's Act of 2008''. SEC. 2. ESTABLISHMENT OF PROGRAM OF ALL-INCLUSIVE CARE FOR MEDICALLY FRAGILE CHILDREN AS A MEDICAID STATE OPTION. (a) In General.--Title XIX of the Social Security Act is amended-- (1) in section 1902(a)(10)(A)(ii)-- (A) in subclause (XVIII) by striking ``or'' at the end; (B) in subclause (XIX), by adding ``or'' after the semicolon; and (C) by inserting after subclause (XIX) the following: ``(XX) who are medically fragile children described in section 1942;''; (2) in section 1905(a), in the matter preceding paragraph (1)-- (A) in clause (xii), by striking ``or'' at the end; (B) in clause (xiii), by adding ``or'' after the comma; and (C) by inserting after clause (xiii) the following: ``(xiv) medically fragile children described in section 1942;''; and (3) by adding at the end the following: ``program of all-inclusive care for medically fragile children ``Sec. 1942. (a) State Option To Establish All-Inclusive Care for Medically Fragile Children.-- ``(1) State plan amendment.-- ``(A) In general.--A State may elect through a State plan amendment to provide medical assistance and other services described under this section by means of a program of all-inclusive care described in subsection (b) for eligible children described in paragraph (2). In the case of an eligible child enrolled with an all- inclusive care program pursuant to such an election-- ``(i) the child shall receive benefits under the plan, as well as items and services described in section 1905(r) solely through such programs; and ``(ii) program providers shall receive an all-inclusive payment in accordance with a program agreement for the provision of such care that meets the requirements of this section. ``(B) Option to limit enrollment.--A State may establish a numerical limit on the number of eligible children who may be enrolled in an all-inclusive care program under a program agreement under this section. ``(2) Definition of eligible child; program provider.--In this section, ``(A) Eligible child.--The term `eligible child' means an individual who-- ``(i) has not attained age 25; ``(ii) is-- ``(I) determined by the State to be medically fragile based on health status and related indicators (such as medical diagnoses and measures of activities of daily living, instrumental activities of daily living, and cognitive impairment); or ``(II) diagnosed as having 1 or more chronic conditions; ``(iii) requires daily monitoring of a significant medical condition necessitating overall care planning in order to achieve or maintain optimum health and developmental status, achieve community integration to the maximum extent possible, and requires both medical assistance and at least 2 additional services furnished under an all-inclusive program as a result of functional deficits; ``(iv) resides in the service area of a program provider with a program agreement under this section; and ``(v) meets such other eligibility requirements (including eligibility standards related to family income and resources) as the State may establish pursuant to section 1902(r)(2). ``(B) Program provider.--The term `program provider' means an organization with an agreement with the State to provide a program of all-inclusive care for eligible children enrolled with the organization in accordance with this section and the terms of such agreement. ``(b) Program Requirements.--In order to satisfy the requirements of this section, a program of all-inclusive care for eligible children shall include, subject to subsection (d), the following: ``(1) Comprehensive benefits.--The program shall provide items, benefits, and services to eligible children enrolled in the program through an all-inclusive and comprehensive, multidisciplinary health and social services delivery system. Each participating system in a State shall have the demonstrated ability to undertake the following: ``(A) Medical assistance.--Furnish or arrange for the items and services described in section 1905(r) (early and periodic screening, diagnostic, and treatment services), as well as any other item or service for which Federal financial participation may be available under this Act. ``(B) Administrative activities to assure access to preventive, acute, primary, specialized, and long term care and medically appropriate utilization of care.-- The administration activities described in section 1902(a)(43) (related to administrative activities to assure receipt of services described in section 1905(r)) and section 1905(a)(19) (related to medical assistance case management services). ``(C) Additional services.--Social work services, transportation services, family support services, care coordination, coordination of program services with educational, and social services for which the child is eligible, nutrition assessment and counseling, personal care services, respite care, and home and vehicle modification services. ``(2) Availability of services.--Access to necessary medical care for acute conditions 24 hours per day, every day of the year. ``(3) Quality assurance; patient safeguards.--At a minimum-- ``(A) for each enrolled child, a written plan of quality assurance and improvement that is periodically reviewed and updated, and procedures for implementing such plan and monitoring and reviewing the quality of care; ``(B) coverage of emergency services described in section 1932(b)(2); ``(C) the provision of information to families whose children are enrolled in the program in easily understood form; and ``(D) written safeguards regarding the rights of enrolled eligible children (including a patients bill of rights and written procedures for grievances and appeals, which shall be no less stringent than procedures applicable to entities participating in a State plan for medical assistance pursuant to section 1932 of the Act). ``(4) Voluntary enrollment and disenrollment.--Voluntary enrollment and disenrollment without cause at any time. ``(5) Transition assistance.--In the case of a child who is enrolled under the program under this section and whose enrollment ceases for any reason (including that the child no longer qualifies as an eligible child), assistance to the child in obtaining necessary transitional care through appropriate referrals and making the child's medical records available to new providers. ``(c) Provider Agreements; Use of All-Inclusive Payment Methodology.-- ``(1) In general.-- ``(A) Provider agreements.--A State that elects the option under this section shall enter into an agreement with a program provider that has agreed to provide a program of all-inclusive care in accordance with the provisions of this section for eligible children who reside in the geographic area served by the provider (and specified in such agreement) and elect to enroll with the provider. ``(B) Choice and competition.--To the extent feasible, the State shall enter into agreements with multiple providers in a single geographic area, and enter into agreements that provide coverage to as much of the State as is practicable. ``(C) Reporting requirement.--An agreement entered into under subparagraph (A) shall require that a program provider submit to the Secretary, in a form and manner specified by the Secretary and for each eligible child who is enrolled with the program provider under such an agreement, the following: ``(i) Service utilization data. ``(ii) Expenditures. ``(iii) Quality and health status measures (as identified by the Secretary). ``(2) Payment.-- ``(A) The State may utilize a negotiated, all- inclusive payment method that reflects the full range of medical assistance and related administrative activities recognized under section 1903 of the Act for which the provider will assume responsibility. ``(B) Such payment method shall provide for payment in an all-inclusive amount (using such methods as a per-member-per month or case payment arrangement) that shall assures quality, efficiency in relation to an all-inclusive approach to payment methods, access to necessary care to achieve the purposes of this section, and to the greatest degree possible, the integration of care, services, and activities described in this section with other funding related to the educational, social and other services that an enrolled child may receive. ``(3) Authority to contract.--The State may enter into an agreement under this section with a program provider that is not a medicaid managed care organization (as defined in section 1903(m)(1)(A)) so long as the provider demonstrates the health care expertise and infrastructure necessary to support the delivery of a program of all-inclusive care in accordance with the provisions of this section and satisfies such other criteria as the State specifies in the State plan amendment filed under this section. ``(d) Rules of Construction.--Nothing in this section shall be construed as-- ``(1) preventing a program provider from entering into contracts with other governmental or nongovernmental payers for the care of eligible children enrolled with the provider; or ``(2) affecting the option of a State to offer services to medically fragile children under a demonstration or waiver.''. (b) Conforming Amendment.--Section 1903(f)(4) of such Act (42 U.S.C. 1936b(f)(4)) is amended in the matter preceding subparagraph (A) by inserting ``, 1942'' after ``1905(p)(1)''. (c) Study and Report.-- (1) Study.--The Secretary of Health and Human Services, in consultation with State Medicaid agencies, annually shall conduct a study of the quality and cost of providing medical assistance for a program of all-inclusive care for eligible children under section 1942 of the Social Security Act (as added by subsection (a)). Such study shall include an analysis of-- (A) the information submitted to the Secretary under subsection (c)(1)(C) of such section 1942; and (B) the extent to which the provision of such assistance resulted in improved quality and health status measures for eligible children. (2) Report.--Not later than 2 years after the date of the enactment of this Act, and annually thereafter, the Secretary of Health and Human Services shall submit a report to Congress on the results of the study required under paragraph (1) that includes such recommendations for legislative or administrative action as the Secretary determines appropriate.

Medically Fragile Children's Act of 2008 - Amends title XIX (Medicaid) of the Social Security Act to establish a program of all-inclusive care for medically fragile children as a Medicaid state plan option. Makes a child eligible if he or she is: (1) medically fragile based on health status and related indicators or is diagnosed as having one or more chronic conditions; (2) requires daily monitoring of a significant medical condition necessitating overall care planning in order to achieve or maintain optimum health and developmental status, and achieve community integration to the maximum extent possible; and (3) requires both medical assistance and at least two additional services furnished under an all-inclusive program as a result of functional deficits.

To amend title XIX of the Social Security Act to establish a State plan option under Medicaid to provide an all-inclusive program of care for children who are medically fragile or have one or more chronic conditions that impede their ability to function.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Melanie Stokes Postpartum Depression Research and Care Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Postpartum depression is a devastating mood disorder which strikes many women during and after pregnancy. (2) Postpartum mood changes are common and can be broken into three subgroups: ``baby blues,'' which is an extremely common and the less severe form of postpartum depression; postpartum mood and anxiety disorders, which are more severe than baby blues and can occur during pregnancy and anytime within the first year of the infant's birth; and postpartum psychosis, which is the most extreme form of postpartum depression and can occur during pregnancy and up to twelve months after delivery. (3) ``Baby blues'' is characterized by mood swings, feelings of being overwhelmed, tearfulness, irritability, poor sleep, mood changes, and a sense of vulnerability. (4) The symptoms of postpartum mood and anxiety disorders are the worsening and the continuation of the baby blues beyond the first days or weeks after delivery. (5) The symptoms of postpartum psychosis include losing touch with reality, distorted thinking, delusions, auditory hallucinations, paranoia, hyperactivity, and rapid speech or mania. (6) Each year over 400,000 women suffer from postpartum mood changes, with baby blues afflicting up to 80 percent of new mothers; postpartum mood and anxiety disorders impairing around 10-20 percent of new mothers; and postpartum psychosis striking 1 in 1,000 new mothers. (7) The causes of postpartum depression are complex and unknown at this time; however, theories include a steep and rapid drop in hormone levels after childbirth; difficulty during labor or pregnancy; a premature birth; a miscarriage; feeling overwhelmed, uncertain, frustrated or anxious about one's new role as a mother; a lack of support from one's spouse, friends or family; marital strife; stressful events in life such as death of a loved one, financial problems, or physical or mental abuse; a family history of depression or mood disorders; a previous history of major depression or anxiety; or a prior postpartum depression. (8) Postpartum depression is a treatable disorder if promptly diagnosed by a trained provider and attended to with a personalized regimen of care including social support, therapy, medication, and when necessary hospitalization. (9) All too often postpartum depression goes undiagnosed or untreated due to the social stigma surrounding depression and mental illness, the myth of motherhood, the new mother's inability to self-diagnose her condition, the new mother's shame or embarrassment over discussing her depression so near to the birth of her child, the lack of understanding in society and the medical community of the complexity of postpartum depression, and economic pressures placed on hospitals and providers. (10) Untreated, postpartum depression can lead to further depression, substance abuse, loss of employment, divorce and further social alienation, self-destructive behavior, or even suicide. (11) Untreated, postpartum depression impacts society through its affect on the infant's physical and psychological development, child abuse, neglect or death of the infant or other siblings, and the disruption of the family. TITLE I--RESEARCH ON POSTPARTUM DEPRESSION AND PSYCHOSIS SEC. 101. CONSENSUS RESEARCH CONFERENCE AND PLAN CONCERNING POSTPARTUM DEPRESSION AND PSYCHOSIS. Part B of title IV of the Public Health Service Act (42 U.S.C. 284 et seq.) is amended-- (1) by redesignating the second section 409C (42 U.S.C. 284k), relating to clinical research, as section 409G; (2) by redesignating the second section 409D (42 U.S.C. 284l), relating to enhancement awards, as section 409H; and (3) by adding at the end the following: ``SEC. 409I. CONSENSUS RESEARCH CONFERENCE AND PLAN CONCERNING POSTPARTUM DEPRESSION AND PSYCHOSIS. ``(a) Consensus Research Conference and Plan.-- ``(1) Conference.--The Secretary, acting through the Director of NIH, the Administrator of the Substance Abuse and Mental Health Services Administration, and the heads of other Federal agencies that administer Federal health programs, shall organize a series of national meetings that are designed to develop a research plan for postpartum depression and psychosis. ``(2) Plan.--The Secretary, taking into account the findings of the research conference under paragraph (1), shall develop a research plan relating to postpartum depression and psychosis. Such plan shall include-- ``(A) basic research concerning the etiology and causes of postpartum depression and psychosis; ``(B) epidemiological studies to address the frequency and natural history of postpartum depression and psychosis and the differences among racial and ethnic groups with respect to such conditions; ``(C) the development of improved diagnostic techniques relating to postpartum depression and psychosis; ``(D) clinical research for the development and evaluation of new treatments for postpartum depression and psychosis, including new biological agents; ``(E) development of information and education programs for health care professionals and the public relating to postpartum depression and psychosis; and ``(F) a plan to disseminate information and education on postpartum depression and psychosis to health care professionals and the public. ``(3) Report.--Not later than 2 years after the date of enactment of this section, the Secretary shall prepare and submit to the appropriate committees of Congress a report concerning the research plan under paragraph (2). ``(b) Activity Relating to Research Plan.-- ``(1) In general.--After the development of the research plan under subsection (a)(1), the Secretary, acting through the Director of NIH shall expand and intensify research and related activities of the Institutes relating to postpartum depression and postpartum psychosis in a manner appropriate to carry out such plan, and in particular shall direct research efforts to carry out such plan. ``(2) Report.--Not later than 1 year after the development of the research plan under subsection (a)(1), and annually thereafter, the Secretary shall prepare and submit to the appropriate committees of Congress a report on the progress made with respect to such plan and the status of ongoing activities regarding postpartum depression and psychosis at the Nation Institutes of Health.''. TITLE II--DELIVERY OF SERVICES REGARDING POSTPARTUM DEPRESSION AND PSYCHOSIS SEC. 201. DELIVERY OF SERVICES REGARDING POSTPARTUM DEPRESSION AND PSYCHOSIS. Subpart 3 of part B of title V of the Public Health Service Act (42 U.S.C. 290bb-31 et seq.) is amended-- (1) by inserting after the subpart heading the following: ``Chapter I--General Provisions''; and (2) by adding at the end thereof the following: ``Chapter II--Delivery of Services Regarding Postpartum Depression and Psychosis ``SEC. 520K. ESTABLISHMENT OF PROGRAM OF GRANTS. ``(a) In General.--The Secretary shall in accordance with this chapter make grants to provide for projects for the establishment, operation, and coordination of effective and cost-efficient systems for the delivery of essential services to individuals with postpartum depression or postpartum psychosis (referred to in this section as a ``postpartum condition) and their families. ``(b) Recipients of Grants.--A grant under subsection (a) may be made to an entity only if the entity is a public or nonprofit private entity, which may include a State or local government; a public or nonprofit private hospital, community-based organization, hospice, ambulatory care facility, community health center, migrant health center, or homeless health center; or other appropriate public or nonprofit private entity. ``(c) Certain Activities.--To the extent practicable and appropriate, the Secretary shall ensure that projects under subsection (a) provide services for the diagnosis and management of postpartum conditions. Activities that the Secretary may authorize for such projects may also include the following: ``(1) Delivering or enhancing outpatient and home-based health and support services, including case management, screening and comprehensive treatment services for individuals with or at risk for postpartum conditions; and delivering or enhancing support services for their families. ``(2) Delivering or enhancing inpatient care management services that ensure the well being of the mother and family and the future development of the infant. ``(3) Improving the quality, availability, and organization of health care and support services (including transportation services, attendant care, homemaker services, day or respite care, and providing counseling on financial assistance and insurance) for individuals with postpartum conditions and support services for their families. ``(d) Integration With Other Programs.--To the extent practicable and appropriate, the Secretary shall integrate the program under this title with other grant programs carried out by the Secretary, including the program under section 330. ``SEC. 520L. CERTAIN REQUIREMENTS. ``A grant may be made under section 520K only if the applicant involved makes the following agreements: ``(1) Not more than 5 percent of the grant will be used for administration, accounting, reporting, and program oversight functions. ``(2) The grant will be used to supplement and not supplant funds from other sources related to the treatment of postpartum conditions. ``(3) The applicant will abide by any limitations deemed appropriate by the Secretary on any charges to individuals receiving services pursuant to the grant. As deemed appropriate by the Secretary, such limitations on charges may vary based on the financial circumstances of the individual receiving services. ``(4) The grant will not be expended to make payment for services authorized under section 520K(a) to the extent that payment has been made, or can reasonably be expected to be made, with respect to such services-- ``(A) under any State compensation program, under an insurance policy, or under any Federal or State health benefits program; or ``(B) by an entity that provides health services on a prepaid basis. ``(5) The applicant will, at each site at which the applicant provides services under section 520K(a), post a conspicuous notice informing individuals who receive the services of any Federal policies that apply to the applicant with respect to the imposition of charges on such individuals. ``SEC. 520M. TECHNICAL ASSISTANCE. ``The Secretary may provide technical assistance to assist entities in complying with the requirements of this chapter in order to make such entities eligible to receive grants under section 520K. ``SEC. 520N. AUTHORIZATION OF APPROPRIATIONS. ``For the purpose of carrying out this chapter, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2002 through 2004.''.

Melanie Stokes Postpartum Depression Research and Care Act - Directs the Secretary of Health and Human Services to organize a series of national meetings to develop a research plan for postpartum depression and psychosis.Directs the Secretary to make grants to provide for projects for the establishment, operation, and coordination of effective and cost-efficient systems for the delivery of essential services to individuals with postpartum depression or psychosis and their families.Authorizes appropriations.

A bill to amend the Public Health Service Act to provide for research on, and services for individuals with, postpartum depression and psychosis.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Furthering International Nuclear Safety Act of 2011''. SEC. 2. PURPOSES. The purposes of this Act are as follows: (1) To recognize the paramount importance of international nuclear safety cooperation for operating power reactors. (2) To further the efforts of the Convention on Nuclear Safety as a vital international forum on nuclear safety. (3) To support progress in improving nuclear safety for countries that currently have or are considering the development of a civilian nuclear power program. (4) To enhance the public availability of nuclear safety information. SEC. 3. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Relations of the Senate; (B) the Committee on Environment and Public Works of the Senate; (C) the Committee on Homeland Security and Governmental Affairs of the Senate; (D) the Committee on Foreign Affairs of the House of Representatives; (E) the Committee on Energy and Commerce of the House of Representatives; (F) the Committee on Oversight and Government Reform of the House of Representatives; and (G) the Committee on Natural Resources of the House of Representatives. (2) Convention.--The term ``Convention'' means the Convention on Nuclear Safety, done at Vienna September 20, 1994, and ratified by the United States April 11, 1999. (3) Meeting.--The term ``meeting'' means a meeting as described under Article 20, 21, or 23 of the Convention. (4) National report.--The term ``national report'' means a report as described under Article 5 of the Convention. (5) Party.--The term ``party'' means a nation that has formally joined the Convention through ratification or other means. (6) Summary report.--The term ``summary report'' means a report as described under Article 25 of the Convention. SEC. 4. UNITED STATES EFFORTS TO FURTHER INTERNATIONAL NUCLEAR SAFETY. The President shall instruct the United States official serving as the delegate to the meetings of the Convention on Nuclear Safety pursuant to Article 24 of the Convention to use the voice, vote, and influence of the United States, while recognizing that these efforts by parties are voluntary, to encourage, where appropriate-- (1) parties to more systematically assess where and how they have made progress in improving safety, including where applicable through the incorporation of performance metric tools; (2) parties to increase the number of national reports they make available to the public by posting them to a publicly available Internet Web site of the International Atomic Energy Agency (IAEA); (3) parties to expand public dissemination of written answers to questions raised by other parties about national reports by posting the information to a publicly available Internet Web site of the IAEA; (4) the IAEA to further its support of the Convention, upon request by a party and where funding is available, by-- (A) providing assistance to parties preparing national reports; (B) providing additional assistance to help prepare for and support meetings, including language translation services; and (C) providing additional technical support to improve the safety of civilian nuclear power programs; (5) all countries that currently have or are considering the establishment of a civilian nuclear power program to formally join the Convention; (6) parties to create standard practices for providing accurate and timely information regarding nuclear accidents and to cooperate on the development of emergency response plans, and to post this information to a publicly available Internet Web site of the IAEA; and (7) parties to expand cooperation on prediction and analysis capability for earthquakes, tsunamis, and on radiation as it is transported away from nuclear sites, and to post this information to a publicly available Internet Web site of the IAEA. SEC. 5. STRATEGIC PLAN. Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in cooperation with the heads of other relevant United States Government agencies, shall submit to the appropriate congressional committees the United States Government's strategic plan and prioritized goals for international nuclear safety cooperation for operating power reactors. SEC. 6. REPORTS. (a) Report on Implementation of Strategic Plan.-- (1) In general.--Not later than 180 days after the issuance of each of the first two summary reports of the Convention that are issued after the date of the enactment of this Act, the Secretary of State, in cooperation with the heads of other relevant United States Government agencies, shall submit to the appropriate congressional committees a report that-- (A) describes the status of implementing the strategic plan and achieving the goals specified in section 5; and (B) enumerates the most significant concerns of the United States Government regarding worldwide nuclear safety and describes the extent to which the strategic plan addresses these concerns. (2) Form.--The report required under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex. (b) Report on United States Efforts to Further International Nuclear Safety.--Not later than 180 days after the issuance of each of the first two summary reports of the Convention issued after the date of the enactment of this Act, the United States official serving as the delegate to the meetings of the Convention shall submit to the appropriate congressional committees a report providing the status of achieving the actions set forth in section 4.

Furthering International Nuclear Safety Act of 2011 - Directs the President to instruct the U.S. delegate to the Convention on Nuclear Safety to encourage: (1) parties to more systematically assess their progress in improving safety; (2) parties to increase the number of national reports and related answers to questions available to the public by posting them to a publicly available website of the International Atomic Energy Agency (IAEA); (3) the IAEA to assist the preparation of national reports and provide technical support to improve civilian nuclear program safety; (4) countries that currently have or are considering the establishment of a civilian nuclear power program to formally join the Convention; and (5) parties to expand cooperation on prediction and analysis capability for earthquakes, tsunamis, and on radiation as it is transported away from nuclear sites. Directs the Secretary of State to submit to Congress the U.S. government's strategic plan and goals for international nuclear safety cooperation for operating power reactors. Sets forth reporting requirements regarding: (1) implementation of such strategic plan, and (2) U.S. efforts to further international nuclear safety. Defines "party'' as a nation that has formally joined the Convention.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Partnerships for Wellness Act''. SEC. 2. GRANTS TO SUPPORT PHYSICAL ACTIVITY AND NUTRITION. (a) In General.--From the amounts appropriated to carry out this section, the Secretary of Agriculture shall award grants to eligible entities, on a competitive basis, for projects that leverage community resources and support student access to physical activity, nutrition education, and nutritious foods during the regular school calendar. (b) Application.-- (1) In general.--Each eligible entity that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require, including-- (A) a community-involvement plan described in paragraph (2); (B) a description of the partners of the eligible entity that will be involved in the implementation of the community-involvement plan; (C) a description of the roles that will be played by each partner of the eligible entity in the implementation of the community-involvement plan, including a description of the services that will be provided by each partner of the eligible entity; and (D) a description of how funds received under this section will be integrated with other Federal, State, and local funds to maximize services and opportunities for students, their families, and the community to be served by the eligible entity, including a description of how funds received under this section will be distributed and utilized. (2) Community involvement plan.-- (A) In general.--To be eligible to receive a grant under this section, an eligible entity shall develop a plan for leveraging resources, services, and opportunities available within the community to be served by the eligible entity in order to increase, during the regular school calendar, student access to physical activity, and nutrition education, and nutritious foods. (B) Requirements.--The community-involvement plan shall include-- (i) a needs assessment based on guidelines established by the Secretary that describes the need for access to physical activity, nutrition education, and nutritious foods, during the regular school calendar, of students served by the local educational agency that is partner of the eligible entity; (ii) a description of the potential resources, services, and opportunities available within the community to be served by the eligible entity, or available near the community, that the students, the families of such students, and individuals in the community may be able to access to meet the needs identified under clause (i); (iii) a description of the role of each of the partners of the eligible entity in providing services described in subsection (c) to the students and families of the students; (iv) a strategy for linking students and the parents and families of the students with the opportunities for services available through the eligible entity; and (v) a strategy for evaluating the impact of services that will be provided to students and their families through the eligible entity, including-- (I) a description of the resources, supports, and opportunities that will be leveraged from the community to provide such services; (II) a description of how progress in increasing student access to physical activity, nutrition education, and nutritious food will be measured; and (III) a description of how the impact of increasing student access to physical activity, nutrition education, and nutritious food will be measured. (c) Uses of Funds.--An eligible entity receiving a grant under this section shall use the funds to carry out 1 or more of the following services: (1) Increasing, during the regular school calendar, student access to physical activity, including through short bouts of physical activity in the classroom and structured physical activities that are taught and led by trained adults during recess. (2) Increasing, during the regular school calendar, student access to nutrition education, including nutrition education provided through the community by local nutritionists, or other health care providers. (3) Increasing, during the regular school calendar, student access to nutritious foods, including through food demonstrations with local chefs and restaurants. (d) Matching Requirement.--To be eligible to receive a grant under this section, an eligible entity shall agree to provide non-Federal contributions in an amount equal to not less than 50 percent of the amount of Federal funds provided under a grant under this section. (e) Duration.--A grant under this section shall be awarded for a period of not more than 3 years. (f) Supplement, Not Supplant.--Funds made available under this section shall be used to supplement, and not supplant, any other Federal, State, or local funds that would otherwise be available to carry out the services assisted under this section. (g) Reporting.--Each eligible entity that receives a grant under this section shall, on an annual basis during each year of the grant period, report to the Secretary on-- (1) the number and type of, and the roles played by, partners of the eligible entity involved in the development and implementation of the entity's community-involvement plan described in subsection (b)(2); (2) the services coordinated or provided under the community-involvement plan; and (3) a description of the degree to which the eligible entity has made progress in increasing student access to physical activity, nutrition education, and nutritious foods as a result of the services provided under the community- development plan. (h) Definitions.--For purposes of this section: (1) Child-and-youth-serving organization.--The term ``child-and-youth-serving organization'' means a public or private organization with a primary focus on providing to children and youth, youth development programs, or health, fitness, education, child welfare, psychological, parenting, or recreation services. (2) Community-based organization.--The term ``community- based organization'' means a public or private nonprofit organization of demonstrated effectiveness that-- (A) is representative of a community or significant segments of a community; and (B) provides nutrition, nutrition education, or physical fitness services, or other related services to individuals in the community. (3) During the regular school calendar.--The phrase ``during the regular school calendar'' refers to a period during the regular school calendar during school hours. (4) Eligible entity.-- (A) In general.--The term ``eligible entity'' means a local educational agency participating in the lunch program under the Richard B. Russell National School Lunch Act and the breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) that has established a partnership with 1 or more entities described in subparagraph (B). (B) Entities.--The entities described in this subparagraph are as follows: (i) A community-based organization. (ii) A child-and-youth-serving organization or agency. (iii) An institution of higher education. (iv) A hospital or health care provider. (v) Other business or community partner. (5) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (6) Secretary.--The term ``Secretary'' means the Secretary of Agriculture.

Partnerships for Wellness Act - Directs the Secretary of Agriculture to award competitive matching grants to local educational agencies (LEAs) participating in the school lunch and breakfast programs for projects that leverage community resources to increase student access to physical activity, nutrition education, and nutritious foods during the regular school calendar. Requires LEA grantees to partner with a community-based organization, a child- and youth-serving organization, an institution of higher education, a health care provider, or another business or community partner in implementing such projects.

To direct the Secretary of Agriculture to award grants to eligible entities for projects that leverage community resources and support student access to physical activity, nutrition education, and nutritious foods during the regular school calendar.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Weather Mitigation Research and Technology Transfer Authorization Act of 2007''. SEC. 2. PURPOSE. It is the purpose of this Act to develop and implement a comprehensive and coordinated national weather mitigation policy and a national cooperative Federal and State program of weather mitigation research and development. SEC. 3. DEFINITIONS. In this Act: (1) Board.--The term ``Board'' means the Weather Mitigation Advisory and Research Board. (2) Executive director.--The term ``Executive Director'' means the Executive Director of the Weather Mitigation Advisory and Research Board. (3) Research and development.--The term ``research and development'' means theoretical analysis, exploration, experimentation, and the extension of investigative findings and theories of scientific or technical nature into practical application for experimental and demonstration purposes, including the experimental production and testing of models, devices, equipment, materials, and processes. (4) Weather mitigation.--The term ``weather mitigation'' means changing or controlling, or attempting to change or control, by artificial methods the natural development of atmospheric cloud forms or precipitation forms which occur in the troposphere. Examples include rain enhancement, snowpack augmentation, and hail suppression. SEC. 4. WEATHER MITIGATION ADVISORY AND RESEARCH BOARD ESTABLISHED. (a) In General.--There is established in the Department of Commerce the Weather Mitigation Advisory and Research Board. (b) Membership.-- (1) In general.--The Board shall consist of 11 members appointed by the Secretary of Commerce, of whom-- (A) at least 1 shall be a representative of the American Meteorological Society; (B) at least 1 shall be a representative of the American Society of Civil Engineers; (C) at least 1 shall be a representative of the National Academy of Sciences; (D) at least 1 shall be a representative of the National Center for Atmospheric Research of the National Science Foundation; (E) at least 2 shall be representatives of the National Oceanic and Atmospheric Administration of the Department of Commerce; (F) at least 1 shall be a representative of institutions of higher education or research institutes; and (G) at least 1 shall be a representative of a State that is currently supporting operational weather mitigation projects. (2) Tenure.--A member of the Board serves at the pleasure of the Secretary of Commerce. (3) Vacancies.--Any vacancy on the Board shall be filled in the same manner as the original appointment. (b) Advisory Committees.--The Board may establish advisory committees to advise the Board and to make recommendations to the Board concerning legislation, policies, administration, research, and other matters. (c) Initial Meeting.--Not later than 30 days after the date on which all members of the Board have been appointed, the Board shall hold its first meeting. (d) Meetings.--The Board shall meet at the call of the Chair. (e) Quorum.--A majority of the members of the Board shall constitute a quorum, but a lesser number of members may hold hearings. (f) Chair and Vice Chair.--The Board shall select a Chair and Vice Chair from among its members. SEC. 5. DUTIES OF THE BOARD. (a) Promotion of Research and Development.--In order to assist in expanding the theoretical and practical knowledge of weather mitigation, the Board shall promote and fund research and development, studies, and investigations with respect to-- (1) improved forecast and decisionmaking technologies for weather mitigation operations, including tailored computer workstations and software and new observation systems with remote sensors; and (2) assessments and evaluations of the efficacy of weather mitigation, both purposeful (including cloud-seeding operations) and inadvertent (including downwind effects and anthropogenic effects). (b) Financial Assistance.--Unless the use of the money is restricted or subject to any limitations provided by law, the Board shall use amounts in the Weather Mitigation Research and Development Fund-- (1) to pay its expenses in the administration of this Act; and (2) to provide for research and development with respect to weather mitigation by grants to, or contracts or cooperative arrangements with, public or private agencies. (c) Report.--The Board shall submit to the Secretary of Commerce biennially a report on its findings and research results. SEC. 6. POWERS OF THE BOARD. (a) Studies, Investigations, and Hearings.--The Board may make any studies or investigations, obtain any information, and hold any hearings necessary or proper to administer or enforce this Act or any rules or orders issued under this Act. (b) Personnel.--The Board may employ, as provided for in appropriations Acts, an Executive Director and other support staff necessary to perform duties and functions under this Act. (c) Cooperation With Other Agencies.--The Board may cooperate with public or private agencies to promote the purposes of this Act. (d) Cooperative Agreements.--The Board may enter into cooperative agreements with the head of any department or agency of the United States, an appropriate official of any State or political subdivision of a State, or an appropriate official of any private or public agency or organization for conducting weather mitigation activities or cloud- seeding operations. (e) Conduct and Contracts for Research and Development.--The Executive Director, with the approval of the Board, may conduct and may contract for research and development activities relating to the purpose described in section 2. SEC. 7. COOPERATION WITH THE WEATHER MITIGATION OPERATIONS AND RESEARCH BOARD. The heads of the departments and agencies of the United States and the heads of any other public or private agencies and institutions that receive research funds from the United States shall, to the extent possible, give full support and cooperation to the Board and to initiate independent research and development programs that address weather mitigations. SEC. 8. FUNDING. (a) In General.--There is established within the Treasury of the United States the Weather Mitigation Research and Development Fund, which shall consist of amounts appropriated pursuant to subsection (b) or received by the Board under subsection (c). (b) Authorization of Appropriations.--There are authorized to be appropriated to the Board for the purposes of carrying out this Act $10,000,000 for each of fiscal years 2006 through 2015. Any sums appropriated under this subsection shall remain available, without fiscal year limitation, until expended. (c) Gifts.--The Board may accept, use, and dispose of gifts or donations of services or property.

Weather Mitigation Research and Technology Transfer Authorization Act of 2007 - Establishes in the Department of Commerce the Weather Mitigation Advisory and Research Board to promote and fund research and development (R&D), studies, and investigations with respect to: (1) improved forecast and decisionmaking technologies for weather mitigation operations, including tailored computer workstations and software and new observation systems with remote sensors; and (2) assessments and evaluations of the efficacy of weather mitigation, both purposeful (including cloud-seeding operations) and inadvertent (including downwind effects and anthropogenic effects). Establishes within the U.S. Treasury the Weather Mitigation Research and Development Fund. Directs the Board, unless the use of the money is restricted or subject to any limitations provided by law, to use amounts in the Fund to: (1) pay its expenses in the administration of this Act; and (2) provide for R&D with respect to weather mitigations by grants to, or contracts or cooperative arrangements with, public or private agencies.

To establish the Weather Mitigation Operations and Research Board, and for other purposes.

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Leadership Invests in the Future Through Helping Individuals Gain Higher Education and Retraining Act of 2012'' or as the ``LIFT HIGHER Act of 2012''. (b) Findings.--Congress finds the following: (1) The median student loan debt for students who graduated from college between 2006 and 2010 is $20,000. (2) Application fees for individual schools range from $40 to $140. The cost of taking the Graduate Record Exam once is $150. Law school admission test preparation courses cost upwards of $1,500. These costs make it difficult for many students to apply to graduate school and discourage others from doing so. (3) The percentage of Americans with graduate degrees is continuing to rise, with 10.9% of the population having graduate degrees as of 2011. (4) Persons with advanced degrees earn on average $3.2 million in their lifetime compared to those holding a bachelors degree who earn about $2.27 million. (5) It is in the national interest to have highly educated citizenry. (6) University education is the best and most effective way to obtain professional training and skills. SEC. 2. REFUNDABLE TAX CREDIT FOR GRADUATE SCHOOL APPLICATION EXPENSES. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 36B the following new section: ``SEC. 36C. CREDIT FOR GRADUATE SCHOOL APPLICATION EXPENSES. ``(a) Allowance of Credit.--In the case of a specified graduate school applicant, there shall be allowed as a credit against the tax imposed by this subtitle for such taxable year an amount equal to the qualified graduate school application expenses paid or incurred by such applicant during such taxable year. ``(b) Limitations.-- ``(1) Dollar limitation.--The amount allowable as a credit under subsection (a) with respect to any individual for any taxable year shall not exceed the excess of $500 over the aggregate amount of the credits allowable under subsection (a) with respect to such individual for all prior taxable years. ``(2) Limitation based on modified adjusted gross income.-- ``(A) In general.--The amount allowable as a credit under subsection (a) (determined without regard to this paragraph and after the application of paragraph (1)) for the taxable year shall be reduced (but not below zero) by the amount which bears the same ratio to the amount which is so allowable as-- ``(i) the excess (if any) of-- ``(I) the taxpayer's modified adjusted gross income for such taxable year, over ``(II) $60,000 ($120,000 in the case of a joint return), bears to ``(ii) $5,000. ``(B) Modified adjusted gross income.--For purposes of subparagraph (A), the term `modified adjusted gross income' means the adjusted gross income of the taxpayer for the taxable year increased by any amount excluded from gross income under section 911, 931, or 933. ``(c) Specified Graduate School Applicant.--For purposes of this section, the term `specified graduate school applicant' means any individual who applies to an eligible educational institution (as defined in section 25A(f)(2)) for acceptance into a program of postbaccalaureate study leading to a graduate degree from such institution. ``(d) Qualified Graduate School Application Expenses.--For purposes of this section, the term `qualified graduate school application expenses' means amounts paid or incurred-- ``(1) as an application fee with respect to applying for the program of study referred to in subsection (c), ``(2) as a fee for taking any test which is required in connection with applying for such program of study, ``(3) for study and preparation materials (whether printed or electronic) for any test referred to in paragraph (2), or ``(4) for tutorial and preparation services for any test referred to in paragraph (2) if such services are provided by a person approved or licensed under State law to provide such services. ``(e) Credit Not Allowed to Individuals Who Can Be Claimed as Dependents.--No credit shall be allowable under subsection (a) with respect to any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which the taxable year referred to in subsection (a) begins.''. (b) Conforming Amendments.-- (1) Subparagraph (A) of section 6211(b)(4) of such Code is amended by inserting ``36C,'' after ``36B,''. (2) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``36C,'' after ``36B,''. (c) Clerical Amendment.--The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36B the following new item: ``Sec. 36C. Credit for graduate school application expenses.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Leadership Invests in the Future Through Helping Individuals Gain Higher Education and Retraining Act of 2012 or the LIFT HIGHER Act of 2012 - Amends the Internal Revenue Code to allow applicants to a graduate school program an income-based refundable tax credit for expenses in connection with a graduate school program application, including application fees, fees for taking any required test, and amounts paid for study and preparation materials or for tutorial and preparation services for any test required by a graduate program. Limits the amount of such credit in any taxable year to $500 over the aggregate amount of credits allowable for all prior taxable years. -

To amend the Internal Revenue Code of 1986 to provide a refundable tax credit for certain expenses of applying to graduate school.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Death Tax Repeal Act''. SEC. 2. REPEAL OF ESTATE AND GENERATION-SKIPPING TRANSFER TAXES. (a) Estate Tax Repeal.-- (1) In general.--Subchapter C of chapter 11 of subtitle B of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 2210. TERMINATION. ``(a) In General.--Except as provided in subsection (b), this chapter shall not apply to the estates of decedents dying on or after the date of the enactment of the Death Tax Repeal Act. ``(b) Certain Distributions From Qualified Domestic Trusts.--In applying section 2056A with respect to the surviving spouse of a decedent dying before the date of the enactment of the Death Tax Repeal Act-- ``(1) section 2056A(b)(1)(A) shall not apply to distributions made after the 10-year period beginning on such date, and ``(2) section 2056A(b)(1)(B) shall not apply on or after such date.''. (2) Clerical amendment.--The table of sections for subchapter C of chapter 11 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 2210. Termination.''. (b) Generation-Skipping Transfer Tax Repeal.-- (1) In general.--Subchapter G of chapter 13 of subtitle B of such Code is amended by adding at the end the following new section: ``SEC. 2664. TERMINATION. ``This chapter shall not apply to generation-skipping transfers on or after the date of the enactment of the Death Tax Repeal Act.''. (2) Clerical amendment.--The table of sections for subchapter G of chapter 13 of such Code is amended by adding at the end the following new item: ``Sec. 2664. Termination.''. (c) Conforming Amendments Related to Gift Tax.-- (1) Computation of gift tax.--Subsection (a) of section 2502 of the Internal Revenue Code of 1986 is amended to read as follows: ``(a) Computation of Tax.-- ``(1) In general.--The tax imposed by section 2501 for each calendar year shall be an amount equal to the excess of-- ``(A) a tentative tax, computed under paragraph (2), on the aggregate sum of the taxable gifts for such calendar year and for each of the preceding calendar periods, over ``(B) a tentative tax, computed under paragraph (2), on the aggregate sum of the taxable gifts for each of the preceding calendar periods. ``(2) Rate schedule.-- ``If the amount with respect to which the tentative tax to be computed is: The tentative tax is: Not over $10,000............... 18% of such amount. Over $10,000 but not over $20,000. $1,800, plus 20% of the excess over $10,000. Over $20,000 but not over $40,000. $3,800, plus 22% of the excess over $20,000. Over $40,000 but not over $60,000. $8,200, plus 24% of the excess over $40,000. Over $60,000 but not over $80,000. $13,000, plus 26% of the excess over $60,000. Over $80,000 but not over $100,000. $18,200, plus 28% of the excess over $80,000. Over $100,000 but not over $150,000. $23,800, plus 30% of the excess over $100,000. Over $150,000 but not over $250,000. $38,800, plus 32% of the excess of $150,000. Over $250,000 but not over $500,000. $70,800, plus 34% of the excess over $250,000. Over $500,000.................. $155,800, plus 35% of the excess of $500,000.''. (2) Lifetime gift exemption.-- (A) In general.--Paragraph (1) of section 2505(a) of the Internal Revenue Code of 1986 is amended to read as follows: ``(1) the amount of the tentative tax which would be determined under the rate schedule set forth in section 2502(a)(2) if the amount with respect to which such tentative tax is to be computed were $10,000,000, reduced by''. (B) Inflation adjustment.--Section 2505 of such Code is amended by adding at the end the following new subsection: ``(d) Inflation Adjustment.-- ``(1) In general.--In the case of any calendar year after 2011, the dollar amount in subsection (a)(1) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting `calendar year 2010' for `calendar year 2016' in subparagraph (B) thereof. ``(2) Rounding.--If any amount as adjusted under paragraph (1) is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000.''. (3) Other conforming amendments related to gift tax.-- (A) The heading for section 2505 of such Code is amended by striking ``unified''. (B) The item in the table of sections for subchapter A of chapter 12 of such Code relating to section 2505 is amended to read as follows: ``Sec. 2505. Credit against gift tax.''. (C) Section 2801(a)(1) of such Code is amended by striking ``section 2001(c) as in effect on the date of such receipt'' and inserting ``section 2502(a)(2)''. (d) Effective Date.--The amendments made by this section shall apply to estates of decedents dying, generation-skipping transfers, and gifts made, on or after the date of the enactment of this Act. (e) Transition Rule.-- (1) In general.--For purposes of applying sections 1015(d), 2502, and 2505 of the Internal Revenue Code of 1986, the calendar year in which this Act is enacted shall be treated as two separate calendar years one of which ends on the day before the date of the enactment of this Act and the other of which begins on such date of enactment. (2) Application of section 2504(b).--For purposes of applying section 2504(b) of the Internal Revenue Code of 1986, the calendar year in which this Act is enacted shall be treated as one preceding calendar period.

Death Tax Repeal Act This bill amends the Internal Revenue Code to: (1) repeal the estate and generation-skipping transfer taxes, and (2) make conforming amendments related to the gift tax.

Death Tax Repeal Act

SECTION 1. SHORT TITLE. The Act may be cited as the ``Smart Technologies for Communities Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Congestion on our roadways is hampering American's daily lives, slowing down commerce, polluting the environment we live in, and wasting fuel. It is estimated that in our metropolitan communities, more than 4,200,000,000 hours are wasted sitting in traffic, resulting in 2,800,000,000 gallons of wasted fuel and costing more than $87,000,000,000 annually. With our growing population and demand for freight transportation expected to double by 2035, failure to address traffic congestion adds to the cost of goods movement and threatens the Nation's economic competitiveness and quality of life. (2) Even with a record decline in traffic fatalities in 2009, nearly 34,000 people were killed on United States roads, the equivalent of more than 200 fully loaded 737 airliners. The economic cost alone of traffic fatalities and injuries has been estimated at $230,000,000,000 each year. (3) The transportation sector contributes nearly one third of the Nation's carbon dioxide emissions, while wasted fuel from idling vehicles and stop-and-go traffic puts family budgets in the red, drives up the cost of goods and services, and increases our Nation's dependence on foreign oil. (4) The United States cannot continue to simply build our way into a safer, cleaner, and more efficient transportation system. We must make better use of the tools that are available, including intelligent transportation systems (ITS), to actively manage our transportation network to improve safety, efficiency, and multimodal connectivity. (5) Technology solutions are available today to help cities and States reduce congestion and emissions, make our roads and transit systems safer, and provide the public with improved access to transportation options and real-time information to make efficient travel decisions. (6) ITS technologies are cost effective and quick to deploy, with solutions like synchronized and adaptive traffic signals yielding a $40 return in time and fuel savings for every $1 invested while also reducing carbon dioxide emissions up to 22 percent and travel delays by 25 percent. The Government Accountability Office found the benefit-cost ratio of a nationwide real-time traffic information system to be 25 to 1, with a $1,200,000,000 investment returning more than $30,000,000,000 in safety, mobility and environmental benefits. The overall benefit-cost ratio of ITS-enabled operational improvements is estimated at 9 to 1, a significant return on investment when compared to the addition of new highway capacity which has an estimated benefit-to-cost ratio of 2.7 to 1. (7) An estimated 31 percent of traffic crashes could be prevented or have their impact reduced through the deployment of collision avoidance technologies, according to the Insurance Institute for Highway Safety. Moreover, the Department of Transportation estimates that a comprehensive vehicle-to- vehicle and vehicle-to-infrastructure communications network could prevent or reduce the impact of up to 82 percent of non- alcohol related traffic fatalities. (8) Transitioning to a more efficient, performance based transportation network requires ITS technologies to provide accurate, real-time traffic and multimodal transportation system information necessary for measuring performance, as well as for actively managing the transportation network to optimize capacity and meet or exceed system performance goals. (9) Effective transportation financing mechanisms of today and tomorrow depend on ITS to be viable, including electronic toll collection, dynamic pricing, integrated payment systems for transit, tolls, parking and other services, and potential future alternatives such as mileage-based user fees. (10) Investing in ITS creates good jobs, with an average of 50 percent of ITS project spending going directly to wages and salaries as compared to 20 percent for new highway construction. Researchers from the London School of Economics and the Information Technology and Innovation Foundation (referred to in this section as ``ITIF'') have found that investing in ITS creates a network effect throughout the economy and stimulates job creation across multiple sectors, including green jobs, high-tech, automotive, information technology, consumer electronics, and related industries. In addition, investing in ITS provides a foundation for long-term benefits including government cost savings, economy-wide productivity, and an improved quality of life. (11) The lack of Federal investment in ITS has caused the Nation to fall behind other world innovation leaders. A 2010 ITIF report found that the United States is lagging behind Japan, South Korea, Singapore, and other leading Asian and European nations in the deployment of ITS technologies. These countries have generated significant benefits for their citizens, economy, and environment by investing heavily in ITS solutions. In order to strengthen the Nation's economic competitiveness and quality of life, it is in the interest of the United States to encourage the accelerated development and deployment of intelligent transportation systems. SEC. 3. DEFINITIONS. In this Act, the following definitions apply: (1) Eligible entity.--The term ``eligible entity'' means State and local governments, including territories of the United States, tribal governments, transit agencies, port authorities, metropolitan planning organizations, other political subdivisions of a State or local government, and multi-State or multi-jurisdictional groups applying through a single lead applicant. (2) ITS.--The term ``ITS'' means intelligent transportation systems. (3) Multi-jurisdictional group.--The term ``multi- jurisdictional group'' means a combination of State governments, locals governments, metropolitan planning agencies, transit agencies, or other political subdivisions of a State, that have signed a written agreement to implement the SMART Communities program across jurisdictional boundaries. Each member of the group, including the lead applicant, must be an eligible entity to receive a grant under this Act. (4) Secretary.--The term ``Secretary'' means the Secretary of Transportation. SEC. 4. SMART COMMUNITIES TECHNOLOGY INITIATIVE. (a) Establishment of Program.--Not later than 6 months after the date of enactment of this Act, the Secretary shall establish the Smart Communities Technology Initiative which provides grants to eligible entities to develop pilot programs to serve as model deployment sites for large scale installation and operation of ITS to improve safety, mobility, and the environment. The Secretary shall develop criteria for selection of an eligible entity to receive a grant, including how the deployment of technology impacts the following: (1) Ability to deliver environmental benefits and reduce energy consumption by alleviating congestion and streamlining traffic flow. (2) Ability to measure and improve the operational performance of its transportation network. (3) Ability to reduce the number and severity of traffic collisions and increase driver, passenger, and pedestrian safety. (4) Availability of user-friendly traffic, transit, parking, and other transportation-related information to improve mobility, reduce congestion, and provide for more efficient and accessible transportation alternatives. (5) Ability to provide lower-cost solutions for managing multimodal transportation systems and optimizing existing capacity. (6) Deliver economic benefits by reducing delays, improving system performance, and providing for the efficient movement of goods and services. (b) Request for Applications.--Not later than 6 months after the date of enactment of this Act, the Secretary shall request applications in accordance with section 5 for participation in the Smart Communities Technology Initiative. SEC. 5. GRANT PROGRAM. (a) Grant Application.--To be considered for a grant under this Act, an eligible entity shall submit an application to the Secretary that includes the following: (1) Deployment plan.--A plan to deploy and provide for the long-term operation and maintenance of intelligent transportation systems to improve safety, mobility, and the environment, such as-- (A) real-time integrated traffic, transit, parking, and multimodal transportation information; (B) advanced traffic, freight, and incident management systems; (C) collision avoidance systems; (D) advanced technologies to improve transit and commercial operations; (E) operational improvements, such as synchronized, adaptive and/or transit preferential traffic signals; and (F) other technologies, including ITS applications necessary for multimodal systems integration and for achieving performance goals. (2) Objectives.--Quantifiable system performance improvements, including reducing traffic-related crashes, congestion, and emissions, optimizing multimodal system efficiency, and improving access to transportation choices. (3) Results.--Quantifiable safety, mobility, and environmental benefit projections including data driven estimates of how the project will improve the region's transportation system efficiency and reduce traffic congestion. (4) Partnerships.--A plan for partnering with the private sector, public agencies including multimodal and multijurisdictional entities, research institutions, stakeholder organizations representing the ITS industry, and other transportation stakeholders. (5) Leveraging.--A plan to leverage and optimize existing local and regional ITS investments. (6) Interoperability.--A plan to ensure interoperability of deployed technologies with other tolling, traffic management, and intelligent transportation systems. (b) Grant Selection.-- (1) Grant awards.--Not later than 1 year after the date of enactment of this Act, the Secretary shall award a grant to no more than 6 eligible entities with funds available for up to 5 fiscal years. (2) Geographic diversity.--In awarding a grant under this section, the Secretary shall ensure, to the extent practicable, that grant recipients represent diverse geographic areas of the United States, including urban, suburban, and rural areas. SEC. 6. USES OF FUNDS. A grant recipient may use funds authorized in this Act to deploy, operate, and maintain ITS and ITS-enabled operational strategies, including-- (1) advanced traveler information systems; (2) advanced transportation management systems; (3) advanced infrastructure maintenance and construction technology; (4) advanced public transportation systems; (5) transportation system performance data collection and analysis systems; (6) advanced safety systems, including vehicle-to-vehicle and vehicle-to-infrastructure communications and other collision avoidance technologies; (7) electronic pricing and tolling systems; and (8) advanced mobility and access technologies, such as dynamic ridesharing. SEC. 7. REPORTS. (a) Report to Secretary.--Not later than 1 year after an eligible entity receives a grant award under this Act and each year thereafter, each grant recipient shall submit a report to the Secretary that describes-- (1) deployment and operational cost compared to the benefits and savings from the pilot program and compared to other alternative approaches; and (2) how the project has met the original expectation as projected in the deployment plan submitted with the application, including-- (A) data on how the program has helped reduce traffic crashes, congestion, emissions, and other benefits of the deployed systems; (B) data on the effect of optimizing multimodal system performance and improving access to transportation alternatives; (C) the effectiveness of providing real-time integrated traffic, transit, parking, and multimodal transportation information to the public to make informed travel decisions; and (D) lessons learned and recommendations for future deployments strategies to optimize transportation efficiency and multimodal system performance. (b) Report to Congress.--Not later than 2 years after grants have been allocated and each year thereafter, the Secretary shall submit a report to Congress that describes the effectiveness of grant recipients in meeting their projected deployment plan, including data on how the program has-- (1) reduced traffic-related fatalities and injuries; (2) reduced traffic congestion and improved travel time reliability; (3) reduced transportation-related emissions; (4) optimized multimodal system performance; (5) improved access to transportation alternatives; (6) provided the public with access to real-time integrated traffic, transit, parking, and multimodal transportation information to make informed travel decisions; (7) provided cost savings related to operational efficiencies; and (8) provided other benefits to transportation users and the general public. (c) Additional Grants.--If the Secretary determines from a grant recipient's reports that the recipient is not carrying out the requirements of the grant, the Secretary may cease to provide any additional grant funds to the recipient. The Secretary shall have the authority to redistribute remaining funds to select additional eligible entities for pilot programs under this Act. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) Funding.-- (1) In general.--There are authorized to be appropriated out of the Highway Trust Fund to carry out this Act-- (A) $350,000,000 for fiscal year 2012; (B) $225,000,000 for fiscal year 2013; (C) $200,000,000 for fiscal year 2014; (D) $125,000,000 for fiscal year 2015; and (E) $125,000,000 for fiscal year 2016. (2) Contract authority.--Funds authorized under this subsection shall be available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code, except that such funds shall not be transferable, the obligation limitations shall not apply to such funds, and shall remain available until expended. (b) Grant Limitation.--The Secretary may not award more than 25 percent of the amount appropriated under this Act to a single grant recipient. (c) Expenses for Grant Recipients.--A grant recipient under this Act may use not more than 5 percent of the grant award each fiscal year to carry out planning and reporting requirements. (d) Expenses for Secretary.--Before awarding grant funds under this Act, the Secretary may set aside $1,000,000 each fiscal year for program reporting and administrative costs.

Smart Technologies for Communities Act - Directs the Secretary of Transportation (DOT) to establish the Smart Communities Technology Initiative to provide grants to eligible entities to develop pilot programs to serve as model deployment sites for large scale installation and operation of intelligent transportation systems (ITS) to improve safety, mobility, and the environment.

To optimize transportation through efficient operations and maintenance programs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Evacuees Assistance Act of 2008''. SEC. 2. CREDIT FOR EVACUATION EXPENSES IN MANDATORY EVACUATION. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25D the following new section: ``SEC. 25E. EVACUATION EXPENSES IN MANDATORY EVACUATION. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the qualified evacuation expenses paid or incurred by the taxpayer during the taxable year, but only to the extent not otherwise compensated for by insurance or otherwise. ``(b) Dollar Limitation.--The aggregate amount of qualified evacuation expenses which may be taken into account under subsection (a) for a taxable year shall not exceed $2,000. ``(c) Qualified Evacuation Expenses.--For purposes of this section-- ``(1) In general.--The term `qualified evacuation expenses' means the sum of all travel expenses (including meals and lodging) paid or incurred by the taxpayer during the taxable year by reason of a qualified evacuation. ``(2) Qualified evacuation.--With respect to an individual, the term `qualified evacuation' means a mandatory evacuation of an area in which such individual resides on the date of a qualified disaster (as defined in section 139(c)) in any portion of such area. ``(d) Portion of Credit Refundable.-- ``(1) In general.--The aggregate credits allowed to an individual under subpart C shall be increased by the lesser of-- ``(A) the credit which would be allowed under this section without regard to this subsection, or ``(B) the amount by which the aggregate amount of credits allowed by this subpart (determined without regard to this subsection) would increase if the limitation imposed by section 26(a) were increased by the individual's social security taxes for the taxable year. The amount of the credit allowed under this subsection shall not be treated as a credit allowed under this subpart and shall reduce the amount of credit otherwise allowable under subsection (a). ``(2) Social security taxes.--For purposes of paragraph (1)-- ``(A) In general.--The term `social security taxes' means, with respect to any taxpayer for any taxable year-- ``(i) the amount of the taxes imposed by section 3101 and 3201(a) on amounts received by the taxpayer during the calendar year in which the taxable year begins, ``(ii) 50 percent of the taxes imposed by section 1401 on the self-employment income of the taxpayer for the taxable year, and ``(iii) 50 percent of the taxes imposed by section 3211(a)(1) on amounts received by the taxpayer during the calendar year in which the taxable year begins. ``(B) Coordination with special refund of social security taxes.--The term `social security taxes' shall not include any taxes to the extent the taxpayer is entitled to a special refund of such taxes under section 6413(c). ``(C) Special rule.--Any amounts paid pursuant to an agreement under section 3121(l) (relating to agreements entered into by American employers with respect to foreign affiliates) which are equivalent to the taxes referred to in subparagraph (A)(i) shall be treated as taxes referred to in such paragraph. ``(e) Denial of Double Benefit.--No credit shall be allowed under subsection (a) for any expense for which an exclusion, deduction, or credit is allowed under any other provision of this chapter. ``(f) Election Not to Have Section Apply.--A taxpayer may elect not to have this section apply with respect to the qualified evacuation expenses of the taxpayer for any taxable year.''. (b) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25D the following new item: ``Sec. 25E. Evacuation expenses in mandatory evacuation.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after August 29, 2008.

Evacuees Assistance Act of 2008 - Amends the Internal Revenue Code to allow individual taxpayers a tax credit, up to $2,000, for uncompensated travel expenses (including meals and lodging) incurred due to a mandatory evacuation of a disaster area.

To amend the Internal Revenue Code of 1986 to allow individuals a credit against income tax for expenses paid or incurred by reason of a mandatory evacuation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Colombian Temporary Protected Status Act of 2003''. SEC. 2. FINDINGS. Congress finds that-- (1) Colombia has been embroiled in a 38-year internal conflict, resulting in the death of tens of thousands civilians and combatants; (2) the 2 main armed antigovernment rebel groups, the Revolutionary Armed Forces of Colombia (Fuerzas Armadas Revolucionarias de Colombia, or FARC) and the National Liberation Army (Ejercito de Liberacion Nacional, or ELN) control, operate in, or influence 40 to 50 percent of Colombia's territory; (3) the FARC and ELN regularly attack civilian populations, commit extrajudicial killings and massacres, collect war taxes, compel civilians into their ranks, and engage in other coercive practices against the civilian population, including the growing of illicit crops; (4) the main paramilitary groups, such as the United Self- Defense Groups of Colombia (Autodefensas Unidas de Colombia, or AUC), have grown dramatically in recent years to become a major national force, operating in nearly every department of the country; (5) the AUC and related paramilitary groups are responsible, according to human rights groups, for over 70 percent of extradjudicial killings and forced disappearances in Colombia since 1995, and regularly attack civilian populations and engage in other coercive practices against the civilian population, including the growing of illicit crops; (6) the FARC, ELN, and AUC, all designated by the Department of State as foreign terrorist organizations, have an estimated combined force of 35,000 combatants; (7) according to Colombian and international refugee organizations, the number of people newly displaced by political violence increased by 30 percent from 317,340 in 2000 to 412,000 in 2002, making Colombia's internally displaced population of approximately 3 million people the second largest population of internally displaced people in the world; (8) Afro-Colombian communities, especially the largely Afro-Colombian province of Choco, registered the highest percentage of population displaced in 2002; (9) according to Colombian and international human rights organizations, the number of people killed or disappeared per day increased from 14 in 2000 to 20 in 2002; (10) according to the United Nations High Commissioner for Human Rights 2003 Annual Report, direct violations by the Colombian military increased in 2002; (11) according to Colombian and international human rights organizations and the State Department's own country reports, significant collaboration between the AUC and related paramilitary forces and the Colombian Armed Forces remain persistent and pervasive, especially at the local, departmental, and regional level; (12) kidnappings, perpetrated mainly by the FARC, ELN and criminal organizations, target mainly middle and upper classes and political and business leaders, while declining from 3,706 in 2000 to 2,986 in 2002, remain unacceptably high and affect the daily security of the target populations; (13) President Uribe has reduced by more than 50 percent the budgets for the Colombian Human Rights Ombudsman Office (La Procuraduria) and for local, regional and federal-level attorneys and officers of the Colombian Human Rights Defenders Office (Defensoria del Pueblo); (14) investigations and prosecutions of human rights crimes have stalled or been dismissed during the 2002-2003 tenure of Colombian Attorney General Luis Camilo Osorio; (15) there is little likelihood of a resumption of peace negotiations between the Colombian government and the largest rebel force, the FARC, following the collapse of talks in 2002; and (16) the violence of the war, which had been mostly contained in rural areas prior to 2002, has now spread to urban areas, with cities such as Medellin experiencing an average of 13 killings a day, is daily escalating with no foreseeable relief in either rural or urban regions. SEC. 3. SENSE OF CONGRESS. It is the sense of the Congress that, in view of the recent escalation of the current civil war in Colombia, Colombia qualifies for designation under section 244(b)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1254a(b)(1)(A)), pursuant to which Colombian nationals would be eligible for temporary protected status in the United States. SEC. 4. DESIGNATION FOR PURPOSES OF GRANTING TEMPORARY PROTECTED STATUS TO COLOMBIANS. (a) Designation.-- (1) In general.--For purposes of section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a), Colombia shall be treated as if it had been designated under subsection (b) of that section, subject to the provisions of this section. (2) Period of designation.--The initial period of such designation shall begin on the date of enactment of this Act and shall remain in effect for 2 years. (b) Aliens Eligible.--In applying section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a) pursuant to the designation made under this section, subject to section 244(c)(3) of the Immigration and Nationality Act (8 U.S.C. 1254a(c)(3)), an alien who is a national of Colombia meets the requirements of section 244(c)(1) of that Act (8 U.S.C. 1254a(c)(1)) only if-- (1) the alien has been continuously physically present in the United States since the date of enactment of this Act; (2) the alien is admissible as an immigrant, except as otherwise provided under section 244(c)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1254a(c)(2)(A)), and is not ineligible for temporary protected status under section 244(c)(2)(B) of that Act (8 U.S.C. 1254a(c)(2)(B)); and (3) the alien registers for temporary protected status in a manner that the Secretary of Homeland Security shall establish. (c) Consent to Travel Abroad.--The Secretary of Homeland Security shall give the prior consent to travel abroad described in section 244(f)(3) of the Immigration and Nationality Act (8 U.S.C. 1254a(f)(3)) to an alien who is granted temporary protected status pursuant to the designation made under this section, if the alien establishes to the satisfaction of the Secretary of Homeland Security that emergency and extenuating circumstances beyond the control of the alien require the alien to depart for a brief, temporary trip abroad. An alien returning to the United States in accordance with such an authorization shall be treated the same as any other returning alien provided temporary protected status under section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a).

Columbian Temporary Protected Status Act of 2003 - Expresses the sense of Congress in favor of extending temporary protected status to Columbian nationals in the United States. Designates Columbia under the Immigration and Nationality Act as a country undergoing an ongoing armed conflict in order to make qualifying Columbians living in the United States eligible aliens for temporary protected status. States that such initial designation shall be for a two-year period.

To designate Colombia under section 244 of the Immigration and Nationality Act in order to make nationals of Colombia eligible for temporary protected status under such section.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Loan Debt Protection Act of 2015''. TITLE I--BORROWERS' RIGHT TO BASIC CONSUMER PROTECTIONS SEC. 101. DISCHARGEABILITY OF STUDENT LOANS IN BANKRUPTCY CASES. Section 523(a) of title 11 of the United States Code is amended-- (1) by striking paragraph (8); and (2) by redesignating paragraphs (9) through (19) as paragraphs (8) through (18). SEC. 102. REINSTATEMENT OF THE 6-YEAR STATUTE OF LIMITATIONS FOR STUDENT LOANS. Subsection (a) of section 484A of the Higher Education Act of 1965 (20 U.S.C. 1091a(a)) is amended to read as follows: ``(a) Statute of Limitations.--Notwithstanding any Federal or State statutory, regulatory, or administrative limitation on the period within which debts may be enforced-- ``(1) an institution that receives funds under this title may file a suit or initiate or take another action for collection of a refund due from a student on a grant made, or work assistance awarded, under this title, during the 6-year period beginning on the day after the refund first became due (exclusive of period during which the State statute of limitations otherwise applicable to a suit under this paragraph would be tolled under State law); ``(2) a guaranty agency that has an agreement with the Secretary under section 428(c) may file a suit or initiate or take another action for collection of the amount due from a borrower on a loan made under part B during the 6-year period beginning on the day after such guaranty agency reimburses the previous holder of the loan for its loss on account of the default of the borrower (exclusive of period during which the State statute of limitations otherwise applicable to a suit under this paragraph would be tolled under State law); ``(3) an institution that has an agreement with the Secretary pursuant to section 487 may file a suit or initiate or take another action for collection of the amount due from a borrower on a loan made under part D or E after the default of the borrower on such loan during the 6-year period beginning on the day after the date of the default of the borrower with respect to such amount (exclusive of period during which the State statute of limitations otherwise applicable to a suit under this paragraph would be tolled under State law); or ``(4) the Secretary, the Attorney General, or the administrative head of another Federal agency, as the case may be, may file a suit or initiate or take another action for collection of a refund due from a student on a grant made under this title, or for the repayment of the amount due from a borrower on a loan made under this title that has been assigned to the Secretary under this title, during the 6-year period beginning on the day after the refund or the amount first became due.''. SEC. 103. PROHIBITION OF COLLECTION OF STUDENT LOANS THROUGH CERTAIN OFFSETS OR THROUGH WAGE GARNISHMENT. (a) Prohibition on Offset of Social Security Benefits.--Section 3716(c)(3)(A) of title 31, United States Code, is amended-- (1) in clause (i), by striking ``except as provided in clause (ii)'' and inserting ``except as provided in clauses (ii) and (iii)''; and (2) by adding at the end the following new clause: ``(iii) Notwithstanding clause (i), any payments due to an individual under Federal benefits programs cited under clause (i) shall not be subject to offset under this subsection if the offset is for payments certified by the Department of Education under a program administered by the Secretary of Education under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).''. (b) Prohibition on Offset of Tax Refund.--Section 3720A(a) of title 31, United States Code, is amended-- (1) by striking ``Any Federal agency'' and inserting ``(1) Except as provided in paragraph (2), any Federal agency''; and (2) by adding at the end the following new paragraph: ``(2) Any past-due legally enforceable debt owed by an individual to the Department of Education under a program administered by the Secretary of Education under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) shall not be subject to notification under paragraph (1), and any refund of Federal taxes paid by the individual shall not be subject to reduction under subsection (c) for such debt.''. (c) Prohibition on Wage Garnishment.--Section 3720D(a) of title 31, United States Code, is amended-- (1) by striking ``Notwithstanding'' and inserting: ``(1) Except as provided in paragraph (2) and notwithstanding''; and (2) by adding at the end the following new paragraph: ``(2) Any delinquent nontax debt owed by an individual to the Department of Education under a program administered by the Secretary of Education under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) shall not be subject to collection under this section through garnishment of disposable pay of the individual.''. TITLE II--BORROWER'S RIGHT TO REASONABLE AND FLEXIBLE REPAYMENT OPTIONS SEC. 201. EXCLUSION FROM GROSS INCOME FOR DISCHARGE OF STUDENT LOAN INDEBTEDNESS. (a) In General.--Paragraph (1) of section 108(f) of the Internal Revenue Code of 1986 is amended by striking ``if such discharge'' and all that follows and inserting a period. (b) Student Loans.--Paragraph (2) of section 108(f) of such Code is amended by striking ``made by--'' and all that follows and inserting the following: ``. Such term includes indebtedness used to refinance indebtedness which qualifies as a student loan under the preceding sentence.''. (c) Conforming Amendments.--Section 108(f) of such Code is amended by striking paragraphs (3) and (4). (d) Effective Date.--The amendments made by this section shall apply to discharges of indebtedness after the date of the enactment of this Act. SEC. 202. 529 PLAN DISTRIBUTION FOR STUDENT LOAN PAYMENTS. (a) In General.--Subparagraph (A) of section 529(e)(3) of the Internal Revenue Code of 1986 is amended by striking clause (iii) and inserting the following new clause: ``(iii) interest or principal paid with respect to a qualified education loan (as defined in section 221) with respect to a designated beneficiary.''. (b) Conforming Amendments.-- (1) Section 529(e)(3)(A) of such Code is amended by striking the second sentence. (2) Section 72(t)(7)(A) of such Code is amended by inserting ``determined without regard to subparagraph (A)(iii) thereof'' after ``section 529(e)(3)''. (3) Section 530(b)(2)(A)(i) of such Code is amended by inserting ``determined without regard to subparagraph (A)(iii) thereof'' after ``section 529(e)(3)''. (c) Effective Date.--The amendments made by this section shall apply to distributions made after the date of the enactment of this Act. SEC. 203. INCLUSION OF PARENT PLUS LOANS IN REPAYMENT PROGRAMS. (a) Income Contingent Repayment Plan.--Section 455(d)(1)(D) of the Higher Education Act of 1965 (20 U.S.C. 1087e(d)(1)(D)) is amended by striking ``, except that the plan described in this subparagraph shall not be available to the borrower of a Federal Direct PLUS loan made on behalf of a dependent student;''. (b) Income-Based Repayment.-- (1) Section 493c.--Section 493C of the Higher Education Act of 1965 (20 U.S.C. 1098e) is amended-- (A) in subsection (a)-- (i) by striking ``this section'' and all that follows through ``hardship'' and inserting ``In this section, the term `partial financial hardship'''; and (ii) by striking ``(other than an excepted PLUS loan or excepted consolidation loan)''; (B) in subsection (b)-- (i) in paragraph (1), by striking ``(other than an excepted PLUS loan or excepted consolidation loan)''; and (ii) in paragraph (6)(A), by striking ``(other than an excepted PLUS loan or excepted consolidation loan)''; and (C) in subsection (c), by striking ``(other than an excepted PLUS loan or excepted consolidation loan),''. (2) Section 455(d)(1)(E).--Section 455(d)(1)(E) of such Act (20 U.S.C. 1087e(d)(1)(D)) is amended by striking ``, except that the plan described in this subparagraph shall not be available to the borrower of a Federal Direct PLUS Loan made on behalf of a dependent student or a Federal Direct Consolidation Loan, if the proceeds of such loan were used to discharge the liability on such Federal Direct PLUS Loan or a loan under section 428B made on behalf of a dependent student''. (c) Pay As You Earn.--The income-contingent repayment plan (based on the President's ``Pay As You Earn'' repayment initiative) implemented in parts 674, 682, and 685 of title 34, Code of Federal Regulations, as amended by the final regulations published by the Department of Education in the Federal Register on November 1, 2012 (77 Fed. Reg. 66088 et seq.), shall be available to borrowers of-- (1) a Federal Direct PLUS loan made on behalf of a dependent student; and (2) a Federal Direct Consolidation Loan, the proceeds of which were used to discharge the liability on a Federal Direct PLUS Loan under part D of title IV of the Higher Education Act of 1965 or a loan under section 428B of such Act made, insured, or guaranteed on behalf of a dependent student. (d) Loan Forgiveness for Service in Areas of National Need.-- Section 428K(a)(2) of such Act (20 U.S.C. 1078-11(a)(2)) is amended-- (1) in subparagraph (A), by striking ``(other than an excepted PLUS loan or an excepted consolidation loan (as such terms are defined in section 493C(a)))''; and (2) in subparagraph (B), by striking ``(other than an excepted PLUS loan or an excepted consolidation loan)''. (e) Other Repayment Plans.--Any plan for the repayment of loans made under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), which is finalized by the Secretary of Education on or after the date of enactment of this Act, shall include the repayment of a loan under section 428B of the Higher Education Act of 1965, or a Federal Direct PLUS Loan under part D of title IV of such Act, that is made, insured, or guaranteed on behalf of a dependent student. TITLE III--BORROWERS' RIGHT TO A MEANINGFUL DEGREE SEC. 301. PROHIBITION ON SUSPENSIONS OF PROFESSIONAL LICENSES FOR LOAN DEFAULT. No evidence of an individual's default on the repayment of a loan made, insured, or guaranteed under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) may be admitted into evidence in a Federal or State proceeding involving the individual's professional or vocational license. SEC. 302. PROHIBITION ON LOSS OF ACCESS TO TRANSCRIPTS FOR LOAN DEFAULT. Section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)) (as amended by section 301) is further amended by adding at the end the following new paragraph: ``(31)(A) The institution will not prohibit a student from accessing the student's transcripts, degree scrolls, or other certifications of coursework or educational attainments at the institution because the student is in default on the repayment of a loan made, insured, or guaranteed under this title. ``(B) For purposes of this paragraph, the term `student' includes former students.''. TITLE IV--RIGHT TO EFFECTIVE LOAN CANCELLATION FOR BORROWERS ENGAGED IN PUBLIC SERVICE CAREERS SEC. 401. EXTENSION OF LOAN CANCELLATION FOR BORROWERS EMPLOYED IN PUBLIC SERVICE JOBS FOR 5 YEARS. Section 455(m) of the Higher Education Act of 1965 (20 U.S.C. 1087e(m)) is amended-- (1) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (2) by inserting after paragraph (2), the following: ``(3) Additional loan cancellation for certain borrowers.-- ``(A) In general.--The Secretary shall-- ``(i) after the conclusion of the employment period described in subparagraph (B)(ii) for an eligible borrower, cancel the obligation to repay 10 percent of the balance of interest and principal due, as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part; and ``(ii) after the loan cancellation under clause (i), carry out such loan cancellation for each year in which the borrower makes 12 monthly payments on the eligible Federal Direct Loans pursuant to any one or a combination of the repayment plans described in subclauses (I) through (IV) of subparagraph (B)(i) and is employed in a public service job during the period in which the borrower makes each of such payments, except that once the borrower is eligible for the loan cancellation under paragraph (2) the Secretary shall carry out the loan cancellation under paragraph (2) in lieu of the loan cancellation under this clause. ``(B) Eligible borrower.--In this paragraph, an eligible borrower is a borrower who-- ``(i) has made 60 monthly payments on the eligible Federal Direct Loan after October 1, 2015, pursuant to any one or a combination of the following-- ``(I) payments under an income- based repayment plan under section 493C; ``(II) payments under a standard repayment plan under subsection (d)(1)(A), based on a 10-year repayment period; ``(III) monthly payments under a repayment plan under subsection (d)(1) or (g) of not less than the monthly amount calculated under subsection (d)(1)(A), based on a 10-year repayment period; or ``(IV) payments under an income contingent repayment plan under subsection (d)(1)(D); and ``(ii) has been employed in a public service job during the period in which the borrower makes each of the 60 payments described in clause (i).''.

Student Loan Debt Protection Act of 2015 This bill amends the federal bankruptcy code to permit a borrower to discharge in bankruptcy a nonprofit, government, or private student loan, or an obligation to repay an educational benefit, scholarship, or stipend. It amends title IV (Student Assistance) of the Higher Education Act of 1965 to reinstate the six-year statute of limitations on actions to recover on defaulted student loans. The bill prohibits collecting the amount owed on a defaulted federal student loan through: (1) offsets of social security, railroad retirement, or black lung benefits; (2) offsets of tax refunds; or (3) wage garnishment. It amends the Internal Revenue Code to exclude from an individual's gross income: (1) discharged student loan debt, and (2) income distributions from qualified tuition plans that are used to pay the interest or principal on student loans. The bill makes parent PLUS loans eligible for income-contingent repayment plans, including the Pay As You Earn repayment plan. Additionally, it makes parent PLUS loans and consolidation loans that repay parent PLUS loans eligible for income-based repayment plans and loan forgiveness for service in areas of national need. It prohibits: (1) evidence of an individual's default on a federal student loan from being used in a federal or state proceeding involving the individual's professional or vocational license, and (2) an institution of higher education from blocking access to a student's records due to federal student loan default. Finally, the bill modifies the public service loan forgiveness program to require the Department of Education to forgive 50% of the Direct loan balance for an eligible borrower who is employed in a public service job and makes 60 monthly payments after October 1, 2015.

Student Loan Debt Protection Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop CEO Excessive Pay Act''. SEC. 2. DENIAL OF DEDUCTION FOR PAYMENTS OF EXCESSIVE COMPENSATION. (a) In General.--Section 162 of the Internal Revenue Code of 1986 is amended by inserting after subsection (h) the following new subsections: ``(i) Excessive Compensation.-- ``(1) In general.--No deduction shall be allowed under this chapter for any excessive compensation for any employee of the taxpayer. ``(2) Excessive compensation.--For purposes of this subsection, the term `excessive compensation' means, with respect to any employee, the amount by which the compensation for services performed by such employee during the taxable year exceeds the lesser of-- ``(A) the median of the compensation paid for services performed by all employees of the taxpayer during the taxable year, multiplied by 25, or ``(B) $1,000,000. ``(3) Other definitions and special rules.--For purposes of this subsection-- ``(A) Compensation.--The term `compensation' includes wages, salary, fees, commissions, fringe benefits, deferred compensation, retirement contributions, options, bonuses, property, and any other form of remuneration that the Secretary determines is appropriate. ``(B) Employer.--All persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as a single taxpayer for purposes of this subsection. ``(C) Employee.--The term `employee' includes full- time, part-time, and seasonal employees. ``(4) Reporting.--Each employer which provides any excessive compensation to any employee during a taxable year shall file a report with the Secretary with respect to such taxable year including-- ``(A) the amount of compensation of the employee of the taxpayer receiving the lowest amount of compensation during such taxable year, ``(B) the amount of compensation of the employee of the taxpayer receiving the highest amount of compensation during such taxable year, ``(C) the median compensation of all employees of the taxpayer during such taxable year, ``(D) the number of employees of the taxpayer who are receiving excessive compensation during such taxable year, and ``(E) the amount of compensation of each employee described in subparagraph (D) during such taxable year. Such report shall be filed at such time and in such manner as the Secretary may require. ``(j) Fines Relating to Executive Compensation.--No deduction shall be allowed under this chapter for any fine paid to the Securities and Exchange Commission under section 16(h)(4) of the Securities Exchange Act of 1934.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 3. AMENDMENT TO THE SECURITIES EXCHANGE ACT OF 1934. (a) In General.--Section 16 of the Securities Exchange Act of 1934 (15 U.S.C. 78p) is amended by adding at the end the following: ``(h) Shareholder Approval of Executive Compensation.-- ``(1) Calculation of compensation.--For purposes of this subsection, the term `compensation' includes wages, salary, fees, commissions, fringe benefits, deferred compensation, retirement contributions, options, bonuses, property, and any other form of remuneration that the Commission, in consultation with the Secretary of the Treasury, determines is appropriate. ``(2) Limitation.-- ``(A) In general.--Except as provided in subparagraph (B), the compensation paid to an employee of an issuer in any taxable year may not exceed the lesser of-- ``(i) $1,000,000; or ``(ii) an amount that is 25 times the median amount of compensation paid to all employees of that issuer during that taxable year. ``(B) Exception.--An issuer may pay compensation described in subparagraph (A) to an employee of the issuer if, not more than 18 months before the last day of the taxable year in which the compensation is paid, not less than 50 percent of the shareholders of the issuer vote to approve the compensation through a proxy or consent or authorization for an annual or other meeting of the shareholders. ``(3) Proxy contents.--Proxy materials for a shareholder vote described in paragraph (2)(B) shall include, with respect to the most recent taxable year ending before the date on which the vote takes place-- ``(A) the amount of compensation paid to the lowest paid employee of the issuer; ``(B) the amount of compensation paid to the highest paid employee of the issuer; ``(C) the median amount of compensation paid to all employees of the issuer; ``(D) the number of employees of the issuer who are paid compensation in an amount that is more than 25 times the amount described in subparagraph (C); and ``(E) the total amount of compensation paid to the employees described in subparagraph (D). ``(4) Money penalty.-- ``(A) In general.--The Commission may impose a civil penalty against an issuer if-- ``(i) the issuer, in a taxable year, pays compensation to an employee of the issuer in an amount that exceeds the lesser of-- ``(I) $1,000,000; or ``(II) 25 times the median amount of compensation paid to all employees of that issuer during that taxable year; and ``(ii)(I) the issuer does not conduct a vote described in paragraph (2)(B) with respect to the compensation described in clause (i); or ``(II) less than 50 percent of the shareholders of the issuer vote to approve the compensation described in clause (i), in contravention of the requirement under paragraph (2)(B). ``(B) Amount of penalty.--The amount of the penalty imposed under subparagraph (A) shall be equal to the excess of-- ``(i) the compensation described in subparagraph (A)(i); over ``(ii) the lesser of-- ``(I) $1,000,000; or ``(II) the amount that is 25 times the median amount of compensation paid to all employees of the issuer during the taxable year in which that compensation is paid to that employee.''. (b) Deadline for Rulemaking.--Not later than 1 year after the date of enactment of this Act, the Securities and Exchange Commission shall issue any final rules and regulations required to carry out section 16(h) of the Securities Exchange Act of 1934, as added by subsection (a).

Stop CEO Excessive Pay Act The bill amends the Internal Revenue Code, with respect to the deduction for trade or business expenses, to prohibit a deduction for excessive compensation for any employee of the taxpayer. "Excessive compensation" is the amount by which the compensation for services performed by an employee during the year exceeds the lesser of: (1) the median of the compensation paid for services performed by all employees of the taxpayer during the taxable year, multiplied by 25; or (2) $1 million. The bill amends the Securities Exchange Act of 1934 to: (1) prohibit an issuer from paying excessive compensation to an employee unless the compensation is approved by at least 50% of the shareholders, and (2) impose monetary penalties on issuers that violate the requirement. The bill also prohibits tax deductions for penalties paid to the Securities and Exchange Commission pursuant to this bill.

Stop CEO Excessive Pay Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Simplified Small Business Telephone Tax Relief Act of 2007''. SEC. 2. EXTENSION OF FILING PERIOD AND SAFE HARBOR FOR CERTAIN TAXPAYERS FOR REFUNDS OF THE EXCISE TAX ON TOLL TELEPHONE SERVICE. (a) Extension of Filing Deadline.-- (1) In general.--Any overpayment attributable to nontaxable service billed after February 28, 2003, and before August 1, 2006, may be allowed-- (A) as a credit against any taxes imposed by subtitle A of the Internal Revenue Code of 1986 for any taxable year ending after December 30, 2006, and before January 1, 2008; (B) as a credit against any taxes imposed by chapter 21 of such Code for any period ending after the date of the enactment of this Act and before January 1, 2008; or (C) as a refund to the taxpayer under such rules as prescribed by the Secretary. (2) Social security trust funds held harmless.--The Secretary of the Treasury shall, from time to time, transfer-- (A) from the general fund to the Federal Old-Age and Survivors Insurance Trust Fund an amount equal to the amount credited under paragraph (1)(B) which is attributable to taxes imposed under sections 3101(a) and 3111(a) of the Internal Revenue Code of 1986; and (B) from the general fund to the Federal Hospital Insurance Trust Fund an amount equal to the amount credited pursuant to paragraph (1)(B) which is attributable to taxes imposed under sections 3101(b) and 3111(b) of such Code. (b) Safe Harbor.-- (1) In general.--In the case of an overpayment described in subsection (a) with respect to an eligible taxpayer, at the election of the taxpayer, in lieu of the actual amount of nontaxable service billed after February 28, 2003, and before August 1, 2006, the amount of the overpayment shall be an amount equal to-- (A) $50 in the case of an eligible taxpayer with an adjusted gross income for the most recent taxable year of less than $100,000; (B) $100 in the case of an eligible taxpayer with an adjusted gross income for the most recent taxable year of at least $100,000 but less than $200,000; (C) $150 in the case of an eligible taxpayer with an adjusted gross income for the most recent taxable year of at least $200,000 but less than $300,000; (D) $200 in the case of an eligible taxpayer with an adjusted gross income for the most recent taxable year of at least $300,000 but less than $400,000; (E) $250 in the case of an eligible taxpayer with an adjusted gross income for the most recent taxable year of at least $400,000 but less than $500,000; and (F) $300 in the case of an eligible taxpayer with an adjusted gross income for the most recent taxable year of at least $500,000. (2) Eligible taxpayer.--For purposes of this subsection, the term ``eligible taxpayer'' means any taxpayer who-- (A) is-- (i) an entity, or (ii) an individual who has at least $25,000 of gross income from a trade or business for the most recent taxable year; and (B) was billed for nontaxable service for any period beginning after February 28, 2003, and before August 1, 2006. (3) Election.-- (A) In general.--The election made under this subsection shall be made in such manner as the Secretary may by regulations prescribe. (B) Special rule for claims relating to preceding years.--No election may be made under this subsection with respect to an overpayment described in subsection (a) on any claim for a refund or credit filed after the date of the enactment of this Act if the taxpayer has previously made a claim for a refund or credit with respect to such overpayment before such date. The preceding sentence shall not apply if the claim for a credit or refund is made on a return amending the claim filed before the date of the enactment of this Act. (c) Nontaxable Service.--For purposes of this section, the term ``nontaxable service'' shall have the meaning given to such term under Internal Revenue Service Notice 2006-50, 2006-25 I.R.B. 1141.

Simplified Small Business Telephone Tax Relief Act of 2007 - Allows an extension through 2007 for filing refunds for excise tax paid on nontaxable toll telephone service billed after February 28, 2003, and before August 1, 2006. Allows taxpayers eligible for such refunds to elect a specified refund amount based on adjusted gross income in lieu of the actual amount of nontaxable toll telephone service billed after February 28, 2003, and before August 1, 2006.

A bill to provide an extension for filing a refund for the excise tax on toll telephone service, and to provide for a safe harbor for businesses claiming such a refund.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Part-Time Worker Bill of Rights Act of 2013''. SEC. 2. EXTENSION OF EMPLOYER HEALTH INSURANCE COVERAGE MANDATE TO PART-TIME EMPLOYEES. (a) Large Employers Not Offering Health Coverage.-- (1) In general.--Subsection (a) of section 4980H of the Internal Revenue Code of 1986 is amended-- (A) by striking ``full-time employees'' in paragraph (1) and inserting ``employees'', (B) by striking ``full-time employee'' in paragraph (2) and inserting ``employee'', and (C) by striking ``hereby imposed on the employer'' and all that follows and inserting ``hereby imposed on the employer, with respect to each employee employed by the employer during such month, an assessable payment equal to the applicable payment amount with respect to such employee.''. (2) Proration of applicable payment amount for part-time employees.--Paragraph (1) of section 4980H(c) of such Code is amended to read as follows: ``(1) Applicable payment amount.--The term `applicable payment amount' means, with respect to any employee for any month-- ``(A) in the case of a full-time employee, \1/12\ of $2,000, and ``(B) in the case of any other employee, the amount which bears the same ratio to the amount determined under subparagraph (A) as-- ``(i) the average hours of service per week of such employee for such month, bears to ``(ii) 30.''. (b) Large Employers Offering Coverage With Employees Who Qualify for Premium Tax Credits or Cost-Sharing Reductions.-- (1) In general.--Paragraph (1) of section 4980H(b) of such Code is amended-- (A) by striking ``full-time employees'' each place it appears in subparagraphs (A) and (B) and inserting ``employees'', and (B) by striking ``hereby imposed on the employer'' and all that follows and inserting ``hereby imposed on the employer, with respect to each employee described in subparagraph (B) for such month, an assessable payment equal to \1/12\ of $3,000.''. (2) Proration for part-time employees.--Subsection (b) of section 4980H of such Code is amended by adding at the end the following new paragraph: ``(3) Proration for part-time employees.--In the case of any employee other than a full-time employee, paragraph (1) shall be applied by substituting for `$3,000' the dollar amount which bears the same ratio to $3,000 as-- ``(A) the average hours of service per week of such employee for the month with respect to which such paragraph applies, bears to ``(B) 30.''. (3) Application of overall limitation.--Paragraph (2) of section 4980H(b) of such Code is amended to read as follows: ``(2) Overall limitation.--The aggregate amount of tax determined under paragraph (1) with respect to any applicable large employer for any month shall not exceed the aggregate amount of tax which would have been determined under subsection (a) with respect to such employer for such month if such employer were described in subsection (a)(1).''. (c) Application of Hours of Service Rules.--Subparagraph (B) of section 4980H(c)(4) of such Code is amended by striking ``for the application of this paragraph to'' and inserting ``with respect to''. (d) Effective Date.--The amendments made by this section shall apply to months beginning after December 31, 2013. SEC. 3. ELIMINATION OF HOURS OF SERVICE REQUIREMENT FOR FMLA LEAVE. (a) Amendment.--Section 101(2)(A) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611(2)(A)) is amended to read as follows: ``(A) In general.--The term `eligible employee' means an employee who has been employed, either as a full-time or part-time employee, for at least 12 months by the employer with respect to whom leave is requested under section 102.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect beginning on the date that is one year after the date of enactment of this Act. SEC. 4. TREATMENT OF EMPLOYEES WORKING AT LESS THAN FULL-TIME UNDER PARTICIPATION, VESTING, AND ACCRUAL RULES GOVERNING PENSION PLANS. (a) Participation Rules.-- (1) In general.--Section 202(a)(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1052(a)(3)) is amended by adding at the end the following new subparagraph: ``(E)(i) For purposes of this paragraph, in the case of any employee who, as of the beginning of the 12-month period referred to in subparagraph (A)-- ``(I) has customarily completed 500 or more hours of service per year but less than 1,000 hours of service per year, or ``(II) is employed in a type of position in which employment customarily constitutes 500 or more hours of service per year but less than 1,000 hours of service per year, completion of 500 hours of service within such period shall be treated as completion of 1,000 hours of service. ``(ii) For purposes of this subparagraph, the extent to which employment in any type of position customarily constitutes less than 1,000 hours of service per year shall be determined with respect to each pension plan in accordance with such regulations as the Secretary may prescribe providing for consideration of facts and circumstances peculiar to the work-force constituting the participants in such plan.''. (2) Conforming amendment.--Section 204(b)(1)(E) of such Act (29 U.S.C. 1054(b)(1)(E)) is amended by striking ``section 202(a)(3)(A)'' and inserting ``subparagraphs (A) and (E) of section 202(a)(3)''. (b) Vesting Rules.-- (1) In general.--Section 203(b)(2) of such Act (29 U.S.C. 1053(b)(2)) is amended by adding at the end the following new subparagraph: ``(E)(i) For purposes of this paragraph, in the case of any employee who, as of the beginning of the period designated by the plan pursuant to subparagraph (A)-- ``(I) has customarily completed 500 or more hours of service per year but less than 1,000 hours of service per year, or ``(II) is employed in a type of position in which employment customarily constitutes 500 or more hours of service per year but less than 1,000 hours of service per year, completion of 500 hours of service within such period shall be treated as completion of 1,000 hours of service. ``(ii) For purposes of this subparagraph, the extent to which employment in any type of position customarily constitutes less than 1,000 hours of service per year shall be determined with respect to each pension plan in accordance with such regulations as the Secretary may prescribe providing for consideration of facts and circumstances peculiar to the work-force constituting the participants in such plan.''. (2) 1-year breaks in service.--Section 203(b)(3) of such Act (29 U.S.C. 1053(b)(3)) is amended by adding at the end the following new subparagraph: ``(F)(i) For purposes of this paragraph, in the case of any employee who, as of the beginning of the period designated by the plan pursuant to subparagraph (A)-- ``(I) has customarily completed 500 or more hours of service per year but less than 1,000 hours of service per year, or ``(II) is employed in a type of position in which employment customarily constitutes 500 or more hours of service per year but less than 1,000 hours of service per year, completion of 250 hours of service within such period shall be treated as completion of 500 hours of service. ``(ii) For purposes of this subparagraph, the extent to which employment in any type of position customarily constitutes less than 1,000 hours of service per year shall be determined with respect to each pension plan in accordance with such regulations as the Secretary may prescribe providing for consideration of facts and circumstances peculiar to the work-force constituting the participants in such plan.''. (c) Accrual Rules.--Section 204(b)(4)(C) of such Act (29 U.S.C. 1054(b)(4)(C)) is amended-- (1) by inserting ``(i)'' after ``(C)''; and (2) by adding at the end the following new clauses: ``(ii) For purposes of this subparagraph, in the case of any employee who, as of the beginning of the period designated by the plan pursuant to clause (i)-- ``(I) has customarily completed 500 or more hours of service per year but less than 1,000 hours of service per year, or ``(II) is employed in a type of position in which employment customarily constitutes 500 or more hours of service per year but less than 1,000 hours of service per year, completion of 500 hours of service within such period shall be treated as completion of 1,000 hours of service. ``(iii) For purposes of clause (ii), the extent to which employment in any type of position customarily constitutes less than 1,000 hours of service per year shall be determined with respect to each pension plan in accordance with such regulations as the Secretary may prescribe providing for consideration of facts and circumstances peculiar to the work-force constituting the participants in such plan.''. (d) Effective Dates.-- (1) In general.--Except as provided in subsection (b), the amendments made by this section shall apply with respect to plan years beginning on or after the date that is one year after the date of the enactment of this Act. (2) Special rule for collectively bargained plans.--In the case of a plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified on or before the date of the enactment of this Act, the amendments made by this section shall not apply to plan years beginning before the later of-- (A) the earlier of-- (i) the date on which the last of the collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of the enactment of this Act); or (ii) the date that is 3 years after the date of the enactment of this Act; or (B) the date that is 1 year after the date of the enactment of this Act. For purposes of subparagraph (A), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by this section shall not be treated as a termination of such collective bargaining agreement.

Part-Time Worker Bill of Rights Act of 2013 - Amends the Internal Revenue Code to extend the large employer health insurance coverage mandate to part-time employees (as well as full-time employees, currently covered). Amends the Family and Medical Leave Act of 1993 to make an employee eligible for coverage under such Act if that employee has been employed for at least 12 months by a covered employer with respect to whom such leave is requested. (Eliminates the requirement, under current law, that the employee have served at least 1,250 hours during the 12-month period before the leave request.) Amends the Employee Retirement Income Security Act of 1974 (ERISA) to require that certain employees working at less than full-time under participation, vesting, and accrual rules governing pension plans be treated as meeting full-time year-of-service criteria. Qualifies such workers for group health plans. Extends ERISA coverage to certain individuals whose services are leased or contracted for.

Part-Time Worker Bill of Rights Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``War Funding Accountability Act''. SEC. 2. REPORTING REQUIREMENTS RELATING TO IRAQ. (a) Initial Report.--Not later than 30 days after the date of the enactment of an Act (enacted after the date of the enactment of this Act) making appropriations for military operations in Iraq or for the reconstruction of Iraq, the President shall prepare and transmit to Congress a report that contains a detailed description of United States goals with respect to such military operations or reconstruction efforts, including-- (1) a description of the purposes for which amounts will be made available under the Act; (2) a plan for the security of Iraq, including a plan to ensure participation by the armed forces of additional countries in Iraq; (3) a plan for the reconstruction of Iraq; (4) a description of progress toward the December 15, 2005, elections for a permanent government of Iraq; and (5) a description of United States efforts to obtain financial support for Iraq from other countries and international financial institutions. (b) Subsequent Reports.--Not later than 90 days after the date on which the initial report is transmitted under subsection (a), and every 90 days thereafter until all amounts made available under the Act described in such subsection are obligated and expended, the President shall prepare and transmit to Congress a report that contains a detailed description of programs, projects, and activities carried out using amounts available under such Act that are obligated or expended during the previous 90-day period, including-- (1) a description of the specific allocation of funds to meet the purposes described in subsection (a)(1); (2) an update on progress made to achieve the goals described in paragraphs (2) through (5) of subsection (a), including-- (A) a description of progress made to train the military and police of Iraq and the Iraqi National Guard and to reform the Iraqi judicial system; (B) a description of efforts to rebuild the electric power infrastructure, water and sewage services, and telecommunications structure in Iraq; and (C) a description of efforts to repair and upgrade Iraqi hospitals, clinics, public buildings, and roadways and bridges; (3) a description of efforts to promote economic development in Iraq; (4) in the case of a contract entered into by the United States relating to military operations in Iraq or the reconstruction of Iraq, the name of the contractor and a description of the process by which the contract was awarded; (5) a description of efforts to provide adequate deployment rotation and other relief for United States troops serving in Iraq, including efforts to provide improved protection for the living quarters and dining facilities of such United States troops; and (6) an assessment of the remaining needs with respect to military operations in Iraq and the reconstruction of Iraq, including a description of additional funding required to meet these needs, if necessary. SEC. 3. REPORTING REQUIREMENTS RELATING TO AFGHANISTAN. (a) Initial Report.--Not later than 30 days after the date of the enactment of an Act (enacted after the date of the enactment of this Act) making appropriations for military operations in Afghanistan or for the reconstruction of Afghanistan, the President shall prepare and transmit to Congress a report that contains a detailed description of United States goals with respect to such military operations or reconstruction efforts, including-- (1) a description of the purposes for which amounts will be made available under the Act; (2) a plan for the security of Afghanistan, including a plan to ensure participation by the armed forces of additional countries in Afghanistan; (3) a plan for the reconstruction and further stabilization of Afghanistan; (4) a description of preparations for the April 2005 parliamentary elections in Afghanistan; and (5) a description of United States efforts to obtain financial support for Afghanistan from other countries and international financial institutions. (b) Subsequent Reports.--Not later than 90 days after the date on which the initial report is transmitted under subsection (a), and every 90 days thereafter until all amounts made available under the Act described in such subsection are obligated and expended, the President shall prepare and transmit to Congress a report that contains a detailed description of programs, projects, and activities carried out using amounts available under such Act that are obligated or expended during the previous 90-day period, including-- (1) a description of the specific allocation of funds to meet the purposes described in subsection (a)(1); (2) an update on progress made to achieve the goals described in paragraphs (2) through (5) of subsection (a), including-- (A) a description of progress made to train the paramilitary units of Afghanistan and to reform the judicial system in Afghanistan; (B) a description of efforts to rebuild the electric power infrastructure, water and sewage services, and telecommunications structure in Afghanistan; and (C) a description of efforts to repair and upgrade hospitals, clinics, public buildings, and roadways and bridges in Afghanistan; (3) a description of efforts to promote economic development in Afghanistan; (4) in the case of a contract entered into by the United States relating to military operations in Afghanistan or the reconstruction of Afghanistan, the name of the contractor and a description of the process by which the contract was awarded; (5) a description of efforts to provide adequate deployment rotation and other relief for United States troops serving in Afghanistan, including efforts to provide improved protection for the living quarters and dining facilities of such United States troops; and (6) an assessment of the remaining needs with respect to military operations in Afghanistan and the reconstruction of Afghanistan, including a description of additional funding required to meet these needs, if necessary. SEC. 4. LIMITATION ON AVAILABILITY OF FUNDS FOR IRAQ AND AFGHANISTAN. (a) Limitation on Funds for Iraq.--Notwithstanding any other provision of law, if the requirement to transmit an initial report under section 2(a) is not met, or the requirement to transmit a subsequent report under section 2(b) is not met, then amounts for the reconstruction of Iraq available under an Act described in section 2 with respect to which the report relates, or available under any other provision of law, that are unobligated or unexpended may not be obligated or expended (as the case may be) until the report is transmitted to Congress. (b) Limitation on Funds for Afghanistan.--Notwithstanding any other provision of law, if the requirement to transmit an initial report under section 3(a) is not met, or the requirement to transmit a subsequent report under section 3(b) is not met, then amounts for the reconstruction of Afghanistan available under an Act described in section 3 with respect to which the report relates, or available under any other provision of law, that are unobligated or unexpended may not be obligated or expended (as the case may be) until the report is transmitted to Congress.

War Funding Accountability Act - Requires the President, within 30 days of enactment of an appropriations Act that funds military operations or reconstruction in Iraq, to prepare and transmit to Congress a report (as well as subsequent progress reports) detailing U.S. goals with respect to such operations or reconstruction efforts, including: (1) a description of the purposes for which amounts will be made available; (2) a plan for the security of Iraq including a plan to ensure participation by the armed forces of additional countries in Iraq; (3) a plan for the reconstruction of Iraq; (4) a description of progress toward elections for a permanent Iraqi government; and (5) a description of U.S. efforts to obtain financial support for Iraq from other countries and international financial institutions. Requires the President, under the same time period and with similar plan requirements as above, to prepare and transmit to Congress a report (as well as subsequent reports) detailing U.S. goals with respect to military operations or reconstruction efforts in Afghanistan. States that if the requirements to transmit such initial or subsequent reports are not met, then unobligated or unexpended amounts for reconstruction with respect to the subject of such reports may not be obligated or expended until transmittal to Congress.

To establish reporting requirements relating to funds made available for military operations in Iraq or the reconstruction of Iraq and for military operations in Afghanistan or the reconstruction of Afghanistan, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safer Workplaces Act''. TITLE I--PROTECTING EMPLOYEES FROM REPRISALS SEC. 101. SHORT TITLE. This title may be cited as the ``Safety and Health Whistleblower Protection Act''. SEC. 102. EMPLOYEE ACTIONS. Section 11(c)(1) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 660(c)(1)) is amended by inserting before the period the following: ``including reporting any injury, illness or unsafe condition''. SEC. 103. PROHIBITION OF DISCRIMINATION. Section 11(c) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 660(c)) is amended by striking paragraph (2) and inserting the following: ``(2) No person shall discharge or in any manner discriminate against an employee for refusing to perform the employee's duties when the employee has a reasonable apprehension that performing such duties would result in serious injury or serious impairment of health to the employee or other employees. The circumstances causing the employee's apprehension of serious injury must be of such a nature that a reasonable person would conclude that there is a danger of serious injury or serious impairment of health. This paragraph shall only apply to an employee to the extent that the employee, if possible, communicated to the employer the danger perceived.''. SEC. 104. PROCEDURE. Section 11(c) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 660(c)) is amended by striking paragraph (3) and inserting the following: ``(3) Any employee who believes that he or she has been discharged, disciplined, or otherwise discriminated against in violation of paragraph (1) or (2) may, within 180 days after the date on which such alleged violation occurs, file (or have filed by any person on the employee's behalf) a complaint with the Secretary alleging such discharge, discipline, or discrimination. Upon receipt of such a complaint, the Secretary shall notify the person named in the complaint of the filing of the complaint. ``(4)(A) Within 90 days of the receipt of a complaint filed under paragraph (3), the Secretary shall conduct an investigation and determine whether there is reasonable cause to believe that the complaint has merit and shall notify the complainant and the person alleged to have committed the violation of paragraph (1) or (2) of the Secretary's findings. Where the Secretary has determined that there is reasonable cause to believe that a violation has occurred, the Secretary's findings shall be accompanied by a preliminary order providing the relief prescribed by subparagraph (E). ``(B)(i) After a preliminary order is issued under subparagraph (A), the person alleged to have committed the violation involved or the complainant may, within 30 days, file objections to the findings or preliminary order, or both, and request a hearing on the record, except that the filing of such objections shall not operate to stay any reinstatement remedy contained in the preliminary order; and ``(ii) If a hearing described in clause (i) is not requested in a timely manner as provided for under such clause, the preliminary order involved shall be deemed a final order and not be subject to judicial review. ``(C) If the Secretary has not issued findings under subparagraph (A) within the 90-day period described in such subparagraph, and the employee or representative of the employee files a request for a hearing with the Secretary, the Secretary shall afford an opportunity for a hearing on the record. ``(D) If requested under subparagraph (C), a hearing shall be conducted by an administrative law judge and a recommended decision and order issued expeditiously. The legal burdens of proof that prevail under section 1221 of title 5, United States Code, shall govern adjudication of violations under this subsection. The Secretary shall issue a final order within 120 days of the issuance of the recommended decision. In the interim, such proceedings may be terminated at any time on the basis of a settlement agreement entered into by the Secretary, the complainant, and the person alleged to have committed the violation. ``(E) If, in response to a complaint filed under paragraph (3), the Secretary determines that a violation of paragraph (1) or (2) has occurred, the Secretary shall order as appropriate-- ``(i) the person who committed such violation to correct the violation; ``(ii) the person to reinstate the complainant to the complainant's former position together with the compensation (including back pay), terms, conditions, and privileges of the position; ``(iii) compensatory damages; and ``(iv) exemplary damages. Upon issuance of such an order, the Secretary may assess against the person against whom the order is issued a sum equal to the aggregate amount of all costs and expenses (including attorney's fees and expert witness fees) reasonably incurred, as determined by the Secretary, by the complainant for, or in connection with, the bringing of the complaint upon which the order was issued, including costs and expenses incurred upon review before a court of appeals. ``(F) In conducting an investigation or adjudication under this paragraph, the provisions of section 8(b) shall apply. ``(5)(A) Any person adversely affected or aggrieved by a final order issued under paragraph (4)(D) may obtain review of the order before the United States court of appeals for the circuit in which the violation, with respect to which the order was issued, occurred, or the circuit in which such person resided on the date of such violation. The petition for review must be filed within 60 days from the date on which the Secretary's order was issued. Such review shall be in accordance with the provisions of chapter 7 of title 5, United States Code. An order of the Secretary subject to review under this subsection is not subject to judicial review in a criminal or other civil proceeding. The commencement of proceedings under this subsection shall not, unless ordered by the court, operate as a stay of the order of the Secretary. ``(B) When a person has failed to comply with a final order or an order of reinstatement issued under paragraph (4), the Secretary or the person on behalf of whom the order was issued may file a civil action in the United States district court for the district in which the violation was found to occur in order to enforce such order. In actions brought under this subparagraph, the district court shall have jurisdiction to grant additional appropriate relief in light of the noncompliance.''. SEC. 105. RELATION TO ENFORCEMENT. Section 17(j) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 666(j)) is amended by inserting before the period the following: ``, including the history of violation under section 11(c)''. SEC. 106. EFFECTIVE DATE. The amendments made by this title shall take effect 90 days after the date of enactment of this Act. TITLE II--MISCELLANEOUS AMENDMENTS SEC. 201. COVERAGE OF FEDERAL, STATE AND POLITICAL SUBDIVISION EMPLOYEES. Section 3(5) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 652(5)) is amended to read as follows: ``(5) The term `employer' means a person engaged in a business affecting commerce who has employees, including the United States and the United States Postal Service and any State or political subdivision of a State.''. SEC. 202. OSHA CRIMINAL PENALTIES. Section 17 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 666) is amended-- (1) in subsection (e)-- (A) by striking ``fine of not more than $10,000'' and inserting ``fine in accordance with section 3571 of title 18, United States Code,''; (B) by striking ``six months'' and inserting ``10 years''; (C) by striking ``fine of not more than $20,000'' and inserting ``fine in accordance with section 3571 of title 18, United States Code,''; (D) by striking ``one year'' and inserting ``20 years''; and (E) by inserting ``under this subsection or subsection (i)'' after ``first conviction of such person''; (2) in subsection (f), by striking ``fine of not more than $1,000 or by imprisonment for not more than six months,'' and inserting ``fine in accordance with section 3571 of title 18, United States Code, or by imprisonment for not more than 2 years,''; and (3) in subsection (g), by striking ``fine of not more than $10,000, or by imprisonment for not more than six months,'' and inserting ``fine in accordance with section 3571 of title 18, United States Code, or by imprisonment for not more than 1 year,''.

TABLE OF CONTENTS: Title I: Protecting Employees from Reprisals Title II: Miscellaneous Amendments Safer Workplaces Act - Title I: Protecting Employees from Reprisals - Safety and Health Whistleblower Protection Act - Amends the Occupational Safety and Health Act of 1970 (OSHA) to prohibit employer reprisals against employees based on certain employee conduct concerning safe and healthy working conditions. Title II: Miscellaneous Amendments - Provides for coverage of Federal employees and postal employees under OSHA (while still excluding State and local government employees from such coverage). (Sec. 202) Revises certain criminal penalties under OSHA, including by increasing prison sentences and fines.

Safer Workplaces Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Health Service Corps Reinvestment Act of 2001''. TITLE I--REVISION AND EXTENSION OF PROGRAM FOR NATIONAL HEALTH SERVICE CORPS SEC. 101. GENERAL PROGRAM. (a) Additional Authorizations of Appropriations.--Section 338(a)(1) of the Public Health Service Act (42 U.S.C. 254k(a)(1)) is amended by inserting before the period the following: ``, $62,284,500 for fiscal year 2002, and such sums as may be necessary for each of the fiscal years 2003 through 2006''. (b) Designation of Health Professional Shortage Areas.--Section 332 of the Public Health Service Act (42 U.S.C. 254e) is amended by adding at the end the following subsection: ``(i)(1) Notwithstanding any other provision of this subpart, the Secretary shall consider facilities described in paragraph (2) to be health professional shortage areas within the meaning of subsection (a)(1)(C). ``(2) The facilities referred to in paragraph (1) are public or nonprofit private facilities that are any of the following: ``(A) A health center receiving a grant under section 330. ``(B) A Federally-qualified health center as defined in section 1905(l)(2)(B) of the Social Security Act. ``(C) A rural health clinic under section 1861(aa)(2) of the Social Security Act.''. (c) Striking of Provisions Regarding Cost Sharing.--Subpart II of part D of title III of the Public Health Service Act (42 U.S.C. 254d et seq.) is amended by striking section 334. SEC. 102. SCHOLARSHIP AND LOAN REPAYMENT PROGRAMS. (a) Additional Authorizations of Appropriations.--Section 338H(b)(1) of the Public Health Service Act (42 U.S.C. 254q(b)(1)) is amended-- (1) by striking ``and'' after ``1991,''; and (2) by inserting before the period the following: ``, $131,886,000 for fiscal year 2002, and such sums as may be necessary for each of the fiscal years 2003 through 2006''. (b) Demonstration Program Regarding Part-Time Performance of Obligated Service.--Section 338C (42 U.S.C. 254m) of the Public Health Service Act is amended by adding at the end the following subsection: ``(f)(1) In carrying out this subpart, the Secretary may in accordance with this subsection carry out demonstration projects in which individuals who have entered into contracts under section 338A or 338B receive a waiver under which the individuals are authorized, notwithstanding subsection (a), to satisfy the requirement of obligated service through providing clinical service that is not full-time (referred to in this subsection as `part-time service'). ``(2) A waiver under paragraph (1) may be provided by the Secretary only if the following conditions are met: ``(A) An entity approved under section 333 for the assignment of a Corps member has requested in writing that the Corps member assigned to the entity provide part-time service. ``(B) The Secretary has determined that part-time service by a Corp member is appropriate for the health professional shortage area in which the entity is located. ``(C) A Corps member who is required to perform obligated service has agreed in writing to be assigned, for part-time service, to an entity described in subparagraph (A). ``(D) The entity and the Corps member agree in writing that the part-time service provided by the Corps member will be not less than 20 hours per week. ``(E) The Corps member agrees in writing that the period of time over which the Corps member would otherwise have performed obligated service pursuant to section 338A or 338B (as applicable) will be extended so that the aggregate amount of part-time service provided by the Corps member will equal the period of obligated service that otherwise would have applied pursuant to such section. ``(F) The Corps member agrees in writing that, if the Corps member begins providing part-time service but fails to complete the period of obligated service, the method of determining the amount of damages described in subsection (b) or (c) of section 338E, as applicable, will be applied by using the full-time equivalent of the part-time service provided by the Corp member.''. TITLE II--EXCLUSION FROM GROSS INCOME FOR CERTAIN SCHOLARSHIPS AND LOAN PAYMENTS UNDER NATIONAL HEALTH SERVICE CORPS PROGRAM SEC. 201. EXCLUSION OF AMOUNTS RECEIVED UNDER THE NATIONAL HEALTH SERVICE CORPS SCHOLARSHIP PROGRAM. (a) In General.--Section 117(c) of the Internal Revenue Code of 1986 (relating to the exclusion from gross income amounts received as a qualified scholarship) is amended-- (1) by striking ``Subsections (a)'' and inserting the following: ``(1) In general.--Except as provided in paragraph (2), subsections (a)''; and (2) by adding at the end the following new paragraph: ``(2) Exception.--Paragraph (1) shall not apply to any amount received by an individual under the National Health Service Corps Scholarship Program under section 338A(g)(1)(A) of the Public Health Service Act.'' (b) Effective Date.--The amendment made by subsection (a) shall apply to amounts received in taxable years beginning after December 31, 2001. SEC. 202. EXCLUSION FOR LOAN PAYMENTS UNDER NATIONAL HEALTH SERVICE CORPS LOAN REPAYMENT PROGRAM. (a) In General.--Section 117 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(e) Loan Payments Under National Health Service Corps Loan Repayment Program.--Gross income shall not include any amount received under section 338B(g) of the Public Health Service Act.'' (b) Effective Date.--The amendment made by subsection (a) shall apply to amounts received by an individual in taxable years beginning after December 31, 2001. TITLE III--GENERAL PROVISIONS SEC. 301. CONFORMING AMENDMENT REGARDING REIMBURSEMENT OF TAX LIABILITY FOR LOAN PAYMENTS. Section 338B(g) of the Public Health Service Act (42 U.S.C. 254l- 1(g)) is amended-- (1) by striking paragraph (3); and (2) by redesignating paragraph (4) as paragraph (3). SEC. 302. EFFECTIVE DATE. Except as provided otherwise in this Act, this Act and the amendments made by this Act take effect October 1, 2001, or upon the date of the enactment of this Act, whichever occurs later.

National Health Service Corps Reinvestment Act of 2001 - Amends the Public Health Service Act to extend from FY 2001 through FY 2006 the authorization of appropriations for certain programs of the National Health Service Corps.Requires the Secretary of Health and Human Services to consider certain grant-receiving health centers, federally-qualified health centers, and rural health clinics to be health professional shortage areas.Repeals cost-sharing requirements that entities approved for assignment of Corps members: (1) charge for their health services; and (2) make certain payments to the United States.Authorizes the Secretary to carry out demonstration projects allowing individuals to satisfy obligated service requirements through part-time clinical service, but not less than 20 hours per week.Amends the Internal Revenue Code to exclude from gross income certain scholarship and loan repayment amounts under the National Health Services Corps Program.

To amend the Public Health Service Act and the Internal Revenue Code of 1986 with respect to the National Health Service Corps.

SECTION 1. RURAL EDUCATION. Part J of title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8271 et seq.) is amended to read as follows: ``PART J--RURAL EDUCATION INITIATIVE ``SEC. 10951. SHORT TITLE. ``This part may be cited as the `Rural Education Initiative Act of 1999'. ``SEC. 10952. FINDINGS. ``Congress finds the following: ``(1) The National Center for Educational Statistics reports that 46 percent of our Nation's public schools serve rural areas. ``(2) While there are rural education initiatives identified at the State and local level, no Federal education policy focuses on the specific and unique needs of rural school districts and schools. ``(3) Small school districts often cannot use Federal grant funds distributed by formula because the formula allocation does not provide enough revenue to carry out the program the grant is intended to fund. ``(4) Rural schools often cannot compete for Federal funding distributed by competitive grants because the schools lack the personnel needed to prepare grant applications and the resources to hire specialists in the writing of Federal grant proposals. ``(5) A critical problem for rural school districts involves the hiring and retention of qualified administrators and certified teachers (especially in reading, science, and mathematics). As a result, teachers in rural schools are almost twice as likely to provide instruction in three or more subject areas than teachers in urban schools. Rural schools also face other tough challenges, such as shrinking local tax bases, high transportation costs, aging buildings, limited course offerings, and limited resources. ``Subpart 1--Small and Rural School Program ``SEC. 10961. FORMULA GRANT PROGRAM AUTHORIZED. ``(a) Alternative Uses.-- ``(1) In general.--Notwithstanding any other provision of law, an eligible local educational agency may use the applicable funding, that the agency is eligible to receive from the State educational agency for a fiscal year, to support local or statewide education reform efforts intended to improve the academic achievement of elementary school and secondary school students and the quality of instruction provided for the students. ``(2) Notification.--An eligible local educational agency shall notify the State educational agency of the local educational agency's intention to use the applicable funding in accordance with paragraph (1) not later than a date that is established by the State educational agency for the notification. ``(b) Eligibility.-- ``(1) In general.--A local educational agency shall be eligible to use the applicable funding in accordance with subsection (a) if-- ``(A)(i) the total number of students in average daily attendance at all of the schools served by the local educational agency is less than 600; and ``(ii) all of the schools served by the local educational agency are located in a community with a Rural-Urban Continuum Code of 6, 7, 8, or 9, as determined by the Secretary of Agriculture; or ``(B) the agency meets the criteria established in subparagraph (A)(i) and the Secretary, in accordance with paragraph (2), grants the local educational agency's request to waive the criteria described in subparagraph (A)(ii). ``(2) Certification.--The Secretary shall determine whether or not to waive the criteria described in paragraph (1)(A)(ii) based on certification provided by the local educational agency, or the State educational agency on behalf of the local educational agency, that the local educational agency is located in an area defined as rural by a governmental agency of the State. ``(c) Applicable Funding.--In this section, the term `applicable funding' means funds provided under each of titles II, IV, VI, parts A and C of title VII, and part I of title X. ``(d) Disbursal.--Each State educational agency that receives applicable funding for a fiscal year shall disburse the applicable funding to local educational agencies for alternative uses under this section for the fiscal year at the same time that the State educational agency disburses the applicable funding to local educational agencies that do not intend to use the applicable funding for such alternative uses for the fiscal year. ``(e) Supplement Not Supplant.--Funds used under this section shall be used to supplement and not supplant any other Federal, State, or local education funds that would otherwise be available for the purpose of this subpart. ``(f) Special Rule.--References in Federal law to funds for the provisions of law set forth in subsection (c) may be considered to be references to funds for this section. ``SEC. 10962. PROGRAM AUTHORIZED. ``(a) In General.--The Secretary is authorized to award grants to eligible local educational agencies to enable the local educational agencies to support local or statewide education reform efforts intended to improve the academic achievement of elementary school and secondary school students and the quality of instruction provided for the students. ``(b) Eligibility.-- ``(1) In general.--A local educational agency shall be eligible to receive a grant under this section if-- ``(A)(i) the total number of students in average daily attendance at all of the schools served by the local educational agency is less than 600; and ``(ii) all of the schools served by the local educational agency are located in a community with a Rural-Urban Continuum Code of 6, 7, 8, or 9, as determined by the Secretary of Agriculture; or ``(B) the agency meets the criteria established in subparagraph (A)(i) and the Secretary, in accordance with paragraph (2), grants the local educational agency's request to waive the criteria described in subparagraph (A)(ii). ``(2) Certification.--The Secretary shall determine whether or not to waive the criteria described in paragraph (1)(A)(ii) based on certification provided by the local educational agency, or the State educational agency on behalf of the local educational agency, that the local educational agency is located in an area defined as rural by a governmental agency of the State. ``(c) Allocation.-- ``(1) In general.--Except as provided in paragraph (3), the Secretary shall award a grant to an eligible local educational agency for a fiscal year in an amount equal to the initial amount determined under paragraph (2) for the fiscal year minus the total amount received under the provisions of law described under section 10961(c) for the preceding fiscal year. ``(2) Determination of the initial amount.--The initial amount referred to in paragraph (1) is equal to $100 multiplied by the total number of students, over 50 students, in average daily attendance in such eligible agency plus $20,000, except that the initial amount may not exceed $60,000. ``(3) Ratable adjustment.-- ``(A) In general.--If the amount made available for this subpart for any fiscal year is not sufficient to pay in full the amounts that local educational agencies are eligible to receive under paragraph (1) for such year, the Secretary shall ratably reduce such amounts for such year. ``(B) Additional amounts.--If additional funds become available for making payments under paragraph (1) for such fiscal year, payments that were reduced under subparagraph (A) shall be increased on the same basis as such payments were reduced. ``(5) Census determination.-- ``(A) In general.--Each local educational agency desiring a grant under this section shall conduct a census not later than December 1 of each year to determine the number of kindergarten through grade 12 students in average daily attendance at the schools served by the local educational agency. ``(B) Submission.--Each local educational agency shall submit the number described in subparagraph (A) to the Secretary not later than March 1 of each year. ``(d) Disbursal.--The Secretary shall disburse the funds awarded to a local educational agency under this section for a fiscal year not later than July 1 of that year. ``(e) Special Rule.--A local educational agency that is eligible to receive a grant under this subpart for a fiscal year shall be ineligible to receive funds for such fiscal year under subpart 2. ``(f) Supplement Not Supplant.--Funds made available under this section shall be used to supplement and not supplant any other Federal, State or local education funds. ``SEC. 10963. ACCOUNTABILITY. ``(a) Academic Achievement.-- ``(1) In general.--Each local educational agency that uses or receives funds under section 10961 or 10962 for a fiscal year shall administer an assessment consistent with section 1111 of title I. ``(2) Special rule.--Each local educational agency that uses or receives funds under section 10961 or 10962 shall use the same assessment described in paragraph (1) for each year of participation in the program under such section. ``(b) State Educational Agency Determination Regarding Continuing Participation.--Each State educational agency that receives funding under the provisions of law described in section 10961(c) shall-- ``(1) after the second year that a local educational agency participates in a program under section 10961 or 10962 and on the basis of the results of the assessments described in subsection (a), determine whether the students served by the local educational agency participating in the program performed in accordance with section 1111 of title I; and ``(2) only permit those local educational agencies that so participated and met the requirements of section 1111(b)(2) of title I to continue to so participate. ``Subpart 2--Low-Income And Rural School Program ``SEC. 10971. PROGRAM AUTHORIZED. ``(a) Reservations.--From amounts appropriated under section 10982 for this subpart for a fiscal year, the Secretary shall reserve \1/2\ of 1 percent to make awards to elementary or secondary schools operated or supported by the Bureau of Indian Affairs to carry out the purpose of this subpart. ``(b) Grants to States.-- ``(1) In general.--From amounts appropriated under section 10982 for this subpart that are not reserved under subsection (a), the Secretary shall award grants for a fiscal year to State educational agencies that have applications approved under section 10973 to enable the State educational agencies to award subgrants to eligible local educational agencies for local authorized activities described in subsection (c)(2). ``(2) Allocation.--From amounts appropriated for this subpart, the Secretary shall allocate to each State educational agency for a fiscal year an amount that bears the same ratio to the amount of funds appropriated under section 10982 for this subpart that are not reserved under subsection (a) as the number of students in average daily attendance served by eligible local educational agencies in the State bears to the number of all such students served by eligible local educational agencies in all States for that fiscal year. ``(3) Direct awards to specially qualified agencies.-- ``(A) Nonparticipating state.--If a State educational agency elects not to participate in the program under this subpart or does not have an application approved under section 10973 a specially qualified agency in such State desiring a grant under this subpart shall apply directly to the Secretary to receive an award under this subpart. ``(B) Direct awards to specially qualified agencies.--The Secretary may award, on a competitive basis, the amount the State educational agency is eligible to receive under paragraph (2) directly to specially qualified agencies in the State. ``(c) Local Awards.-- ``(1) Eligibility.--A local educational agency shall be eligible to receive funds under this subpart if-- ``(A) 20 percent or more of the children aged 5 to 17, inclusive, served by the local educational agency are from families with incomes below the poverty line; and ``(B) all of the schools served by the agency are located in a community with a Rural-Urban Continuum Code of 6, 7, 8, or 9, as determined by the Secretary of Agriculture. ``(2) Uses of funds.--Grant funds awarded to local educational agencies or made available to schools under this subpart shall be used for-- ``(1) educational technology, including software and hardware; ``(2) professional development; ``(3) technical assistance; ``(4) teacher recruitment and retention; ``(5) parental involvement activities; or ``(6) academic enrichment programs. ``SEC. 10972. STATE DISTRIBUTION OF FUNDS. ``(a) Award Basis.--A State educational agency shall award grants to eligible local educational agencies-- ``(1) on a competitive basis; or ``(2) according to a formula based on the number of students in average daily attendance served by the eligible local educational agencies or schools (as appropriate) in the State, as determined by the State. ``(b) Administrative Costs.--A State educational agency receiving a grant under this subpart may not use more than 5 percent of the amount of the grant for State administrative costs. ``SEC. 10973. APPLICATIONS. ``Each State educational agency and specially qualified agency desiring to receive a grant under this subpart shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. Such application shall include specific measurable goals and objectives to be achieved which may include specific educational goals and objectives relating to increased student academic achievement, decreased student drop-out rates, or such other factors that the State educational agency or specially qualified agency may choose to measure. ``SEC. 10974. REPORTS. ``(a) State Reports.--Each State educational agency that receives a grant under this subpart shall provide an annual report to the Secretary. The report shall describe-- ``(1) the method the State educational agency used to award grants to eligible local educational agencies and to provide assistance to schools under this subpart; ``(2) how local educational agencies and schools used funds provided under this subpart; and ``(3) the degree to which progress has been made toward meeting the goals and objectives described in the application submitted under section 10973. ``(b) Specially Qualified Agency Report.--Each specially qualified agency that receives a grant under this subpart shall provide an annual report to the Secretary. Such report shall describe-- ``(1) how such agency uses funds provided under this subpart; and ``(2) the degree to which progress has been made toward meeting the goals and objectives described in the application submitted under section 10971(b)(3)(A). ``(c) Report to Congress.--The Secretary shall prepare and submit to the Committee on Education and the Workforce for the House of Representatives and the Committee on Health, Education, Labor, and Pensions for the Senate an annual report. The report shall describe-- ``(1) the methods the State educational agency used to award grants to eligible local educational agencies and to provide assistance to schools under this subpart; ``(2) how eligible local educational agencies and schools used funds provided under this subpart; and ``(3) progress made in meeting specific measurable educational goals and objectives. ``SEC. 10975. DEFINITIONS. ``For the purposes of this subpart-- ``(1) The term `poverty line' means the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a family of the size involved. ``(2) The term `specially qualified agency' means an eligible local educational agency, located in a State that does not participate in a program under this subpart in a fiscal year, that may apply directly to the Secretary for a grant in such year in accordance with section 10971(b)(3). ``Subpart 3--General Provisions ``SEC. 10981. DEFINITION. ``For the purposes of this part, the term `State' means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. ``SEC. 10982. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this part $125,000,000 for fiscal year 2000 and such sums as may be necessary for each of four succeeding fiscal years to be distributed equally between subparts 1 and 2.''.

Establishes an REI subpart 1 Small and Rural School Program. Makes an local educational agency (LEA) eligible for alternative use formula grants from States, and for direct grants from the Secretary of Education if: (1) the total number of students in average daily attendance at all of the schools served by the LEA is less than 600; and (2) all of the schools served by the LEA are located in a rural community (with a Rural-Urban Continuum Code of 6, 7, 8, or 9; but allows waiver of this requirement where the LEA is certified as located in a rural area by a State agency). Provides, under the alternative use formula grant program, that an eligible LEA may use applicable funding that it is eligible to receive from the State educational agency (SEA) for a fiscal year to support local or statewide education reform efforts intended to improve the achievement of elementary school and secondary school students and the quality of instruction provided for the students. Defines applicable funding as funds received under the following ESEA provisions: (1) title II (Dwight D. Eisenhower Professional Development Program); (2) title IV (Safe and Drug-Free Schools and Communities); (3) title VI (Innovative Education Program Strategies); (4) part A and part C of title VII; and (5) part I of title X. Requires each SEA receiving applicable funding to disburse it to LEAs for alternative uses at the same times it disburses it to LEAs that do not intend to use it for alternative uses for that fiscal year. Authorizes the Secretary to award grants to eligible LEAs to support local or statewide education reform efforts intended to improve the achievement of elementary school and secondary school students and the quality of instruction provided for the students. Sets forth formulas for determining the amounts of such grants, based on numbers of children in average daily attendance at schools served by the LEAs, minus amounts received under applicable funding. Sets forth accountability requirements. Requires LEAs that receive REI alternative use formula grants or competitive grants to administer tests to assess the academic achievement of students in their schools. Requires each SEA that receives applicable funding to: (1) determine, after the second year of an LEA's participation in either subpart 1 grant program, whether the LEA's students performed in accordance with specified requirements; and (2) only allow continued participation by LEAs that met certain requirements. Establishes an REI subpart 2 Low-Income and Rural School Program. Directs the Secretary to make grants to SEAs for elementary and secondary education development by LEAs that are eligible if: (1) 20 percent or more of the children aged five through 17, whom the LEA serves, are from families with incomes below the poverty line; and (2) all of the schools served by the LEA are located in a rural community (with a Rural-Urban Continuum Code of 6, 7, 8, or 9). Reserves a specified portion of grant funds for schools operated by the Bureau of Indian Affairs. Sets forth an allotment formula for grants to State educational agencies (SEAs) to make grants to eligible LEAs. Authorizes the Secretary to make direct competitive grants to specially qualified eligible rural LEAs in nonparticipating States. Requires LEAs or their schools to use grant funds for: (1) educational technology, including software and hardware; (2) professional development; (3) technical assistance; (4) teacher recruitment and retention; (5) parental involvement activities; or (6) academic enrichment programs. Requires SEAs to award grants on a competitive or formula basis. Limits to five percent that portion of a subpart 2 grant which may be used for State administrative costs. Requires subpart 2 program reports by SEAS, specially qualified LEAs, and the Secretary. Authorizes appropriations. Requires that such amounts for REI be distributed equally between the subpart 1 and subpart 2 programs.

Rural Education Initiative Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bear Protection Act''. SEC. 2. FINDINGS. Congress finds that-- (1) there are 8 extant species of bear: Asian black bear, brown bear, polar bear, American black bear, spectacled bear, giant panda, sun bear, and sloth bear; (2) the Asian black bear populations have been decimated in recent years by illegal trade to supply the growing demand for medicines and cosmetics containing valuable bear viscera; (3) without immediate action to end United States involvement in the lucrative black market trade in bear viscera, American bear populations may suffer the same devastating losses as Asian bear populations; (4) increasingly, undercover operations have discovered that poachers are establishing extensive smuggling networks to illegally commercialize American bears; (5) because it is practically impossible to distinguish the viscera of CITES Appendix I bears from the viscera of other bear species, there is an urgent need to eliminate the trade in the viscera of all bear species; (6) as a party to CITES, a world leader in wildlife conservation, and a large market for and supplier of bear viscera and products, the United States shares responsibility for supporting and implementing measures to stop the illegal trade in CITES Appendix I Asian black bears and CITES Appendix II American black bears; (7) inconsistency in State prohibition of commercialization of bear gall and inadequate Federal regulation of such commercialization make law enforcement difficult; and (8) individual States, which have the right to set, maintain, and enforce quotas for the legal hunting of black bears, will be assisted in their management efforts by the enactment of a Federal law banning the import of, export of, and interstate commerce in bear viscera. SEC. 3. PURPOSE. The purpose of this Act is to ensure the long-term viability of the world's 8 bear species and specifically to perpetuate healthy populations of American bears. SEC. 4. STATEMENT OF POLICY. It is the policy of the United States that effective long-term conservation of the world's bear species, including North American bears, depends in part on the prohibition of the lucrative trade in bear viscera. SEC. 5. DEFINITIONS. In this Act: (1) Bear viscera.--The term ``bear viscera'' means the body fluids or internal organs (including the gallbladder) of a species of bear. (2) CITES.--The term ``CITES'' means the Convention on International Trade in Endangered Species of Wild Fauna and Flora, done at Washington on March 3, 1973 (27 UST 1087; TIAS 8249). (3) Other terms.--The terms ``import'', ``person'', ``State'', and ``transport'' have the meanings provided in section 2 of the Lacey Act Amendments of 1981 (16 U.S.C. 3371). SEC. 6. PROHIBITED ACTS. A person who-- (1) imports into the United States, or exports from the United States, bear viscera or products that contain or claim to contain bear viscera; or (2) sells, barters, offers to sell or barter, purchases, possesses with intent to sell or barter, transports, acquires, or receives in interstate or foreign commerce, bear viscera or products that contain or claim to contain bear viscera; shall be subject to section 7(a). SEC. 7. PENALTIES AND ENFORCEMENT. (a) In General.--A person who engages in conduct described in section 6 shall be subject to the penalties and sanctions provided in sections 4 and 5 of the Lacey Act Amendments of 1981 (16 U.S.C. 3373 and 3374). (b) Enforcement.-- (1) In general.--This Act shall be enforced in the manner provided in subsections (a), (b), and (c) of section 6 of the Lacey Act Amendments of 1981 (16 U.S.C. 3375). (2) Use of penalty amounts for rewards and incidental expenses.--Amounts received as penalties, fines, or forfeiture of property under subsection (a) shall be used in accordance with section 6(d) of the Lacey Act Amendments of 1981 (16 U.S.C. 3375(d)). SEC. 8. DISCUSSIONS CONCERNING TRADE PRACTICES. (a) In General.--The Secretary of the Interior and the United States Trade Representative shall-- (1) discuss issues involving trade in bear viscera with the appropriate representatives of such countries trading with the United States as are determined jointly by the Secretary of the Interior and the Secretary of Commerce to be the leading importers, exporters, or consumers of bear viscera; and (2) attempt to establish coordinated efforts with the countries to protect bears. (b) Report.--Not later than 5 years after the date of enactment of this Act, the Secretary of the Interior shall submit to Congress a report describing the progress of efforts to end illegal trade in bear viscera.

Bear Protection Act - Prohibits any person from: (1) importing bear viscera into, or exporting it from, the United States; or (2) selling bear viscera, bartering, offering it for sale or barter, purchasing, or possessing it with intent to sell or barter, transporting, acquiring, or receiving it in interstate or foreign commerce. Subjects persons who violate such prohibitions to specified penalties. Requires the Secretary of the Interior and the United States Trade Representative to discuss issues involving such trade with representatives of countries that are the leading importers, exporters, or consumers of such products. Requires the Secretary to report to the Congress on the progress of efforts to end illegal trade in bear viscera.

Bear Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Article V Records Transparency Act of 2016''. SEC. 2. COMPILATION AND TRANSMISSION TO CONGRESS OF APPLICATIONS AND RESCISSIONS OF APPLICATIONS TO CALL A CONVENTION FOR PROPOSING AMENDMENTS TO THE CONSTITUTION AND RESCISSIONS OF THOSE APPLICATIONS. (a) Compilation and Transmission.--The Archivist of the United States (hereinafter in this Act referred to as the ``Archivist'') shall, in accordance with this Act-- (1) make an organized compilation, to the extent feasible, of all applications and rescissions of applications, ever made by States under article V of the Constitution, to call a convention for proposing amendments to the Constitution; and (2) transmit to Congress that compilation, together with both physical and electronic copies of each such application and rescission. (b) Sources for Compilation.--In complying with subsection (a) the Archivist shall use the records contained in the National Archive and Records Administration and make all efforts feasible to obtain an official copy of any application or rescission that may not be in such records. (c) Timing of Transmittal.-- (1) Not later than one year after the date of the enactment of this Act, the Archivist shall transmit the first part of the compilation, containing all the known applications or rescissions made after 1950. (2) Not later than two years after the date of the enactment of this Act, the Archivist shall transmit the second part of the compilation, containing all the known applications and rescissions made in 1950 or earlier. (d) Report on Extent of Missing Applications or Rescissions.--Not later than two years after the date of the enactment of this Act, the Archivist shall submit to Congress a report detailing the extent of suspected missing applications or rescissions not included in the compilation under subsection (a). (e) Cataloging Applications.--The Archivist shall, in compiling the applications and rescissions, catalog them by year of submission and State, and include that information in the material transmitted to Congress. SEC. 3. DUTIES OF THE COMMITTEES ON THE JUDICIARY. (a) Applications Included in Compilation.--Upon receipt by Congress of the compilation described in section 2(a), the respective committees on the judiciary in each House of Congress shall make the applications and rescissions contained in such compilation available on a publicly accessible website. (b) Applications and Rescissions Not Included in Compilation.--The respective committees on the judiciary in each House of Congress shall update the compilation in the public websites maintained by them under subsection (a) to reflect the receipt of any application or rescission submitted under article V of the Constitution to call a convention for proposing amendments to the Constitution that-- (1) was not included in the initial compilation as transmitted under section 2; and (2) is a new application or rescission or otherwise comes to the attention of the committee. SEC. 4. APPLICATIONS AND RESCISSIONS ARRIVING AFTER THE TRANSMISSION UNDER SECTION 2. The Congress recommends the following procedures to make uniform and simplify the process by which State legislatures make an application, or a rescission of an application, under article V of the Constitution to call a convention for proposing amendments to the Constitution: (1) Officers to transmit and receive applications.--After the adoption by the legislature of a State of an application or rescission, the secretary of state of the State, or if there be no such officer, the person who is charged by the State law with such function, should submit to Congress at least two copies of the resolution or other measure containing the application or rescission, one copy addressed to the President of the Senate, and one copy to the Speaker of the House of Representatives. (2) Contents of resolution or measure.--Each copy of the resolution or measure should contain-- (A) its exact text, with the authenticating signature of the relevant officer of the legislature; and (B) the date on which the legislature adopted the resolution or measure. (3) Incomplete application or rescission.--If a State submits an application or rescission in a manner that is inconsistent with this section, the Clerk of the House or the Secretary of the Senate shall so notify the appropriate State official. That State official may then resubmit the application. SEC. 5. DEFINITIONS. In this Act-- (1) the terms ``transmit to Congress'' and ``submit to Congress'' mean transmission or submission, as the case may be, to the Speaker of the House of Representatives, the President of the Senate, the Clerk of the House of Representatives, the Secretary of the Senate, and the Chairmen and Ranking Minority Members of the Committees on the Judiciary of the House of Representatives and the Senate; (2) the term ``application'' means any resolution or other measure, agreed upon by a State legislature, that contains a request to Congress to call a convention pursuant to article V of the Constitution; and (3) the term ``rescission'' means any resolution or other measure, agreed upon by a State legislature, that has the purpose of making null and void an application previously submitted by the State legislature. SEC. 6. NO ADDITIONAL FUNDS AUTHORIZED. No additional funds are authorized to carry out the requirements of this Act. Such requirements shall be carried out using amounts otherwise authorized.

Article V Records Transparency Act of 2016 This bill directs the Archivist of the United States to make and transmit to Congress an organized compilation of all applications and rescissions of applications ever made by states under article V of the Constitution to call a convention for proposing amendments to the Constitution. The Archivist: (1) in complying with such requirement, shall use the records contained in the National Archive and Records Administration and attempt to obtain an official copy of any application or rescission that may not be in such records; (2) submit a report on the extent of suspected missing applications or rescissions not included in the compilation; and (3) catalog the applications and rescissions by year of submission and state. The committees on the judiciary in each chamber shall make the applications and rescissions contained in such compilation available on a publicly accessible website and update the compilation as specified. In order to simplify and make uniform the process by which state legislatures make such an application or rescission, Congress recommends that after adoption of an application or rescission by a state legislature, the secretary of state or other state official should submit at least two copies of the measure containing the application or rescission to Congress, one copy addressed to the President of the Senate and one copy to the Speaker of the House of Representatives.

Article V Records Transparency Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Investment Tax Credit Act of 2001''. SEC. 2. INVESTMENT TAX CREDIT. (a) Allowance of Credit.--Section 46 of the Internal Revenue Code of 1986 (relating to amount of investment credit) is amended by striking ``and'' at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting ``, and'', and by adding at the end thereof the following new paragraph: ``(4) the investment credit.'' (b) Amount of Credit.--Section 48 of such Code is amended by adding at the end thereof the following new subsection: ``(c) Investment Credit.-- ``(1) In general.--For purposes of section 46, the investment credit for any taxable year is an amount equal to 25 percent of the qualified investment for such taxable year. ``(2) Qualified investment.-- ``(A) In general.--For purposes of paragraph (1), the qualified investment for any taxable year is the aggregate of-- ``(i) the applicable percentage of the basis of each new investment credit property placed in service by the taxpayer during such taxable year, plus ``(ii) the applicable percentage of the cost of each used investment credit property placed in service by the taxpayer during such taxable year. ``(B) Applicable percentage.--For purposes of subparagraph (A), the applicable percentage for any property shall be determined under paragraphs (2) and (7) of section 46(c) (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). ``(C) Certain rules relating to new and used property made applicable.--The provisions of subsections (b) and (c) of section 48 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this paragraph. ``(D) Temporary duration of credit.--For purposes of this subsection, property shall be treated as investment credit property only-- ``(i) in any case in which the rules of paragraph (6) do not apply to such property, only if-- ``(I) the construction, reconstruction, or erection of the property is completed by the taxpayer during the 18-month period beginning on the date of enactment of this subsection, but only to the extent of the basis attributable to the construction, reconstruction, or erection during such period, or ``(II) acquired by the taxpayer during such period and placed in service during such period, or ``(ii) to which the rules of paragraph (6) apply, but only to the extent of the qualified investment with respect to qualified progress expenditures made during such period. ``(3) Investment credit property.--For purposes of this subsection, the term `investment credit property' means-- ``(A) tangible personal property, or ``(B) other tangible property (not including a building and its structural components) but only if such property-- ``(i) is used as an integral part of manufacturing, production, or extraction or of furnishing transportation, communications, electrical energy, gas, water, or sewage disposal services, or ``(ii) constitutes a research facility used in connection with any of the activities referred to in clause (i), or ``(iii) constitutes a facility used in connection with any of the activities referred to in clause (i) for the bulk storage of fungible commodities (including commodities in a liquid or gaseous state), or ``(C) elevators and escalators, but only if-- ``(i) the construction, reconstruction, or erection of the elevator or escalator is completed by the taxpayer, or ``(ii) the original use of such elevator or escalator commences with the taxpayer, or ``(D) single purpose agricultural or horticultural structures; or ``(E) a storage facility (not including a building and its structural components) used in connection with the distribution of petroleum or any primary product of petroleum. Such term includes only property to which section 168 applies without regard to any useful life and any other property 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. ``(4) Exclusion of other property.--Rules similar to the rules of paragraphs (6), (7), and (10) of section 48(a) (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply. ``(5) Coordination with other credits.--This subsection shall not apply to any property to which the energy credit or rehabilitation credit would apply unless the taxpayer elects to waive the application of such credits to such property. ``(6) Certain progress expenditure rules made applicable.-- Rules similar to rules of subsection (c)(4) and (d) of section 46 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this subsection. ``(7) Certain rules relating to vessels made applicable.-- Rules similar to rules of subsection (g) of section (46) (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this subsection.'' (c) Application of Other Rules.-- (1) At risk rules.--Subparagraph (C) of section 49(a)(1) of such Code 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 adding at the end thereof the following new clause: ``(iv) the basis of any new investment credit property and the cost of any used investment credit property.'' (2) Recapture rules.-- (A) Subparagraph (E) of section 50(a)(2) of such Code is amended by inserting ``or 48(c)(9)'' before the period at the end thereof. (B) Paragraph (5) of section 50(a) of such Code is amended by adding at the end thereof the following new subparagraph: ``(D) Special rules for certain property.--In the case of any investment credit property which is 3-year property (within the meaning of section 168(e))-- ``(i) the percentage set forth in clause (ii) of the table contained in paragraph (1)(B) shall be 66 percent, ``(ii) the percentage set forth in clause (iii) of such table shall be 33 percent, and ``(iii) clauses (iv) and (v) of such table shall not apply.'' (d) Conforming Amendments.-- (1) Section 39(d) of such Code is amended by adding at the end the following new paragraph: ``(11) Investment tax credit.--No portion of the unused business credit which is attributable to the credit determined under section 48(c) (relating to investment credit) may be carried to any taxable year ending before the date of enactment of this paragraph.'' (2) Section 1033(g)(3)(A) of such Code is amended by inserting ``with respect to which the investment credit determined under section 48(c) is or has been claimed or,'' before ``with respect to which''. (3)(A) The section heading for section 48 of such Code is amended to read as follows: ``SEC. 48. OTHER CREDITS.'' (B) The table of sections for subpart E of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 48 and inserting the following: ``Sec. 48. Other credits.'' (e) Effective Date.--The amendments made by this section shall apply to periods after the date of the enactment of this Act under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990).

Investment Tax Credit Act of 2001 - Amends the Internal Revenue Code to allow an investment credit for certain investment credit property acquired, completed, or placed in service within 18 months of enactment. Covers tangible personal property and other non-building tangible property as specified.Makes such property ineligible for other investment credits (energy or rehabilitation).

To amend the Internal Revenue Code of 1986 to provide a temporary incentive for investing in tangible property in the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Low-Income Gasoline Assistance Program Act''. SEC. 2. PURPOSE. The purpose of this Act is to create new emergency assistance programs to assist families receiving assistance under part A of title IV of the Social Security Act and low-income working families to meet the increasing price of gasoline. SEC. 3. DEFINITIONS. In this Act: (1) Covered activities.--The term ``covered activities'' means-- (A) work activities; (B) education directly related to employment; or (C) activities related to necessary scheduled medical treatment. (2) Gasoline.--The term ``gasoline'' has the meaning given the term in section 4082 of the Internal Revenue Code of 1986. (3) Household.--The term ``household'' has the meaning given the term in section 2603 of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8622). (4) Poverty level; state median income.--The terms ``poverty level'' and ``State median income'' have the meanings given the terms in section 2603 of the Low-Income Home Energy Assistance Act of 1981. (5) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (6) State.--The term ``State'' means each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico. (7) Work activities.--The term ``work activities'' has the meaning given the term in section 407(d) of the Social Security Act (42 U.S.C. 607(d)). SEC. 4. EMERGENCY ASSISTANCE PROGRAMS. The Secretary shall make grants to States, from allotments made under section 5, to enable the States to establish emergency assistance programs and to provide, through the programs, payments to eligible households to enable the households to purchase gasoline. SEC. 5. STATE ALLOTMENTS. From the funds appropriated under section 12 for a fiscal year and remaining after the reservation made in section 11, the Secretary shall allot to each State an amount that bears the same relation to such remainder as the amount the State receives under section 675B of the Community Services Block Grant Act (42 U.S.C. 9906) for that year bears to the amount all States receive under that section for that year. SEC. 6. STATE APPLICATIONS. (a) In General.--To be eligible to receive a grant under this Act, a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (b) Contents.--At a minimum, the application shall contain-- (1) information designating a State agency to carry out the emergency assistance program in the State, which shall be-- (A) the State agency specified in the State plan submitted under section 402 of the Social Security Act (42 U.S.C. 602); or (B) the State agency designated under section 676(a) of the Community Services Block Grant Act (42 U.S.C. 9908(a)); and (2) information describing the emergency assistance program to be carried out in the State. SEC. 7. ELIGIBLE HOUSEHOLDS. (a) In General.--To be eligible to receive a payment from a State under this Act, a household shall submit an application to the State at such time, in such manner, and containing such information as the State may require. (b) Contents.--The applicant shall include in the application information demonstrating that-- (1) 1 or more individuals in the applicant's household individually drive not less than 30 miles per day, or not less than 150 miles per week, to or from covered activities; and (2)(A)(i) 1 or more individuals in that household were receiving assistance (including services) under the State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) within the 24-month period ending on the date of submission of the application; and (ii) no individual in that household is receiving that assistance, as of the date of submission of the application; (B)(i) 1 or more individuals in that household are receiving assistance (including services) under that State program; and (ii) such individuals are engaged in work activities and are meeting the other requirements of that part A that are applicable to recipients of such assistance; (C) the household meets the eligibility requirements of section 2605(b)(2)(A) of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8624(b)(2)(A)), other than clause (i) of that section; or (D) the household income for the household does not exceed the greater of-- (i) an amount equal to 150 percent of the poverty level for the State involved; or (ii) an amount equal to 60 percent of the State median income. (c) Rule.--For purposes of subsection (b)(2)(D), a State-- (1) may not exclude a household from eligibility for a fiscal year solely on the basis of household income if such income is less than 110 percent of the poverty level for such State; but (2) may give priority to those households with the highest gasoline costs or needs in relation to household income. SEC. 8. PROGRAM REQUIREMENTS. (a) Determination of Trigger Amount.-- (1) Determination of gasoline.--The Secretary of Health and Human Services, in consultation with the Secretary of Energy, shall determine a grade of gasoline for which price determinations will be made under this subsection, which shall be a type of gasoline that has a specified octane rating or other specified characteristic. (2) Determination of calculation.--The Secretary of Health and Human Services, in consultation with the Secretary of Energy, shall determine a method for calculating the average per gallon price of the covered grade of gasoline in each State. (3) Baseline.--The Secretary of Health and Human Services, in consultation with the Secretary of Energy, shall calculate, in accordance with paragraph (2), the average per gallon price of the covered grade of gasoline in each State for January, 2000. (4) Trigger and release prices.--The Secretary of Health and Human Services, in consultation with the Secretary of Energy, shall calculate-- (A) the trigger price for each State by multiplying the price calculated under paragraph (3) by 115 percent; and (B) the release price for each State by multiplying the price calculated under paragraph (3) by 110 percent. (b) Payments.-- (1) Availability.-- (A) Monthly price calculation.--The Secretary of Health and Human Services, in consultation with the Secretary of Energy, shall calculate, in accordance with subsection (a)(2), the average per gallon price of the covered grade of gasoline in each State for each month. (B) Determination.--If the Secretary of Health and Human Services, in consultation with the Secretary of Energy, determines that the price in a State calculated under subparagraph (A) for a month-- (i) is more than the trigger price for the State, the State shall provide payments in accordance with this subsection for the following month; and (ii) is less than the release price for the State, the State shall suspend provision of the payments, not earlier than 30 days after the date of the determination, for the following month. (2) General authority.--Except as provided in subsection (c), the State shall use funds received through a grant made under section 4 (including a grant increased under section 11(2)) and any funds made available to the State under section 404(d)(4) of the Social Security Act (42 U.S.C. 604(d)(4)) to make payments under this Act to eligible households. (3) Period.--An eligible household with an application approved under section 7 may receive payments under this Act for not more than 3 months. The household may submit additional applications under section 7, and may receive payments under this Act for not more than 3 months for each such application approved by the State. (4) Amount.--The State shall make the payments in amounts of not less than $25, and not more than $75, per month. The State may determine the amount of the payments on a sliding scale, taking into consideration the household income of the eligible households. (c) State Administration.--The State may use not more than 10 percent of the funds described in subsection (b)(2) to pay for the cost of administering this Act. (d) Definitions.--In this section: (1) Covered grade.--The term ``covered grade'' means the grade of gasoline determined under subsection (a)(1). (2) Release price.--The term ``release price'' means the release price calculated under subsection (a)(4)(B). (3) Trigger price.--The term ``trigger price'' means the trigger price calculated under subsection (a)(4)(A). SEC. 9. TREATMENT OF BENEFITS. (a) Income or Resources.--Notwithstanding any other law, the value of any payment provided under this Act shall not be treated as income or resources for purposes of-- (1) any other Federal or federally assisted program that bases eligibility, or the amount of benefits, on need; or (2) the Internal Revenue Code of 1986. (b) TANF Assistance.--For purposes of part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), a payment provided under this Act shall not be considered to be assistance provided by a State under that part, regardless of whether the State uses funds made available under section 404(d)(4) of the Social Security Act (42 U.S.C. 604(d)(4)) to make payments under this Act. The period for which such payments are provided under this Act shall not be considered to be part of the 60-month period described in section 408(a)(7) of the Social Security Act (42 U.S.C. 608(a)(7)). SEC. 10. AUTHORITY TO USE FUNDS FOR TEMPORARY ASSISTANCE FOR NEEDY FAMILIES. Section 404(d) of the Social Security Act (42 U.S.C. 604(d)) is amended-- (1) in paragraph (3)(A), by striking ``paragraph (1)'' and inserting ``paragraph (1) or (4)''; and (2) by adding at the end the following: ``(4) Other state programs.--A State may use funds from any grant made to the State under section 403(a) for a fiscal year to carry out a State program pursuant to the Low-Income Gasoline Assistance Program Act.''. SEC. 11. DISCRETIONARY ACTIVITIES BY THE SECRETARY. The Secretary of Health and Human Services may reserve not more than 5 percent of the funds appropriated under section 12 for a fiscal year-- (1) to pay for the cost of administering this Act; and (2) to increase the cost of a grant made to a State under section 4, in any case in which the Secretary determines that emergency conditions relating to gasoline prices exist in that State. SEC. 12. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this Act $500,000,000 for fiscal year 2002 and each subsequent fiscal year. (b) Availability.--Any sums appropriated under subsection (a) for a fiscal year shall remain available until the end of the succeeding fiscal year.

Low-Income Gasoline Assistance Program Act - Directs the Secretary of Health and Human Services to make grants to enable States to establish emergency assistance programs to make certain payments to eligible households for the purchase of gasoline.Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to authorize a State to use funds from any grant made to the State under the TANF program for a fiscal year to carry out such a State low-income gasoline assistance program pursuant to this Act.

A bill to provide emergency assistance for families receiving assistance under part A of title IV of the Social Security Act and low-income working families.

SECTION 1. REQUIREMENT FOR PRESENTATION OF DOCUMENTATION PROVING BOTH CITIZENSHIP AND IDENTITY IN ORDER TO RECEIVE BENEFITS UNDER SCHIP, TAA, AND ATAA. (a) In General.--Notwithstanding any other provision of law, as a condition of receiving benefits under SCHIP, TAA, and ATAA, an individual who is applying for such benefits (including applying for renewal of such benefits) shall present satisfactory documentation providing both citizenship and identity. (b) Acceptable Documentation.--The following shall constitute acceptable documentation for purposes of subsection (a): (1) Acceptable primary documentation for identification and citizenship.-- (A) A Certificate of Naturalization (DHS Forms N- 550 or N-570). (B) A Certificate of U.S. Citizenship (DHS Forms N- 560 or N-561). (2) A combination of an acceptable secondary documentation to verify proof of citizenship and an acceptable documentation to verify identity.-- (A) In general.--A document described in subparagraph (B) and a document described in subparagraph (C). (B) Acceptable documentation to verify proof of citizenship.-- (i) A U.S. birth certificate. (ii) A Certification of birth issued by the Department of State (Form DS-1350). (iii) A Report of Birth Abroad of a U.S. Citizen (Form FS-240). (iv) A Certification of Birth Abroad (FS- 545). (v) A U.S. Citizen I.D. card (DHS Form I- 197). (vi) An American Indian Card issued by the Department of Homeland Security with the classification code ``KIC'' (Issued by the Department of Homeland Security to identify U.S. citizen members of the Texas Band of Kickapoos living near the U.S./Mexican border). (vii) Final adoption decree. (viii) Evidence of civil service employment by the United States government before June 1976. (ix) An official military record of service showing a place of birth in the United States. (x) A Northern Mariana Identification Card (Issued by the Immigration and Naturalization Service to a collectively naturalized citizen of the United States who was born in the Northern Mariana Islands before November 4, 1986). (C) Acceptable documentation to verify proof of identity.-- (i) A current State driver's license bearing the individual's picture or State identity document also with the individual's picture. (ii) Certificate of Indian Blood, or other U.S. American Indian/Alaska Native tribal document. (iii) A school identification card with a photograph of the individual. (iv) U.S. military card or draft record. (v) Identification card issued by the Federal, State, or local government with the same information included on driver's licenses. (vi) Military dependent's identification card. (vii) Native American Tribal document. (viii) U.S. Coast Guard Merchant Mariner card. (ix) Data matches with other agencies can be used to verify identity such as those with Federal or State governmental, public assistance, law enforcement, or corrections agencies, at the State's option. Such agencies may include food stamps, child support, corrections, including juvenile detention, motor vehicle, or child protective services (D) Special identity rules for children under 16.-- In the case of a child under 16 years of age, the following documents may be used for purposes of establishing identity under subparagraph (C): (i) A clinic, doctor, hospital, or school record. School records may include nursery or daycare records and report cards. If the State accepts such records, it must verify them with the issuing school. (ii) If no previous document is available, an affidavit may be used. An affidavit is only acceptable if it is signed under penalty of perjury by a parent, guardian, or caretaker relative stating the date and place of the birth of the child. (c) Definitions.--In this section: (1) The term ``SCHIP'' means the program under title XXI of the Social Security Act. (2) The term ``TAA'' means the program of trade adjustment assistance under chapter 2 of title II of the Trade Act of 1974. (3) The term ``ATAA'' means the program of alternative trade adjustment assistance under 246 of the Trade Act of 1974.

Requires any applicant for benefits under title XXI (State Children's Health Insurance Program) (SCHIP) of the Social Security Act, the trade adjustment assistance (TAA) program under the Trade Act of 1974 (TA74), or the alternative trade adjustment assistance program (ATAA) under TA74 to present satisfactory documentation providing both citizenship and identity as a condition of receiving benefits under such programs.

To require those applying for, and renewing, SCHIP, TAA, and ATAA benefits to present documentation proving both citizenship and identity in order to receive those benefits.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Internet Freedom Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Department of Commerce and the National Telecommunications and Information Administration (in this section referred to as the ``NTIA'') should be responsible for maintaining the continuity and stability of services related to certain interdependent Internet technical management functions, known collectively as the Internet Assigned Numbers Authority (in this section referred to as the ``IANA''), which includes-- (A) the coordination of the assignment of technical Internet protocol parameters; (B) the administration of certain responsibilities associated with the Internet domain name system root zone management; (C) the allocation of Internet numbering resources; and (D) other services related to the management of the Advanced Research Project Agency and INT top-level domains. (2) The interdependent technical functions described in paragraph (1) were performed on behalf of the Federal Government under a contract between the Defense Advanced Research Projects Agency and the University of Southern California as part of a research project known as the Tera-node Network Technology project. As the Tera-node Network Technology project neared completion and the contract neared expiration in 1999, the Federal Government recognized the need for the continued performance of the IANA functions as vital to the stability and correct functioning of the Internet. (3) The NTIA may use its contract authority to maintain the continuity and stability of services related to the IANA functions. (4) If the NTIA uses its contract authority, the contractor, in the performance of its duties, must have or develop a close constructive working relationship with all interested and affected parties to ensure quality and satisfactory performance of the IANA functions. The interested and affected parties include-- (A) the multi-stakeholder, private sector led, bottom-up policy development model for the domain name system that the Internet Corporation for Assigned Names and Numbers represents; (B) the Internet Engineering Task Force and the Internet Architecture Board; (C) Regional Internet Registries; (D) top-level domain operators and managers, such as country codes and generic; (E) governments; and (F) the Internet user community. (5) The IANA functions contract of the Department of Commerce explicitly declares that ``[a]ll deliverables provided under this contract become the property of the U.S. Government.''. One of the deliverables is the automated root zone. (6) Former President Bill Clinton's Internet czar Ira Magaziner stated that ``[t]he United States paid for the Internet, the Net was created under its auspices, and most importantly everything [researchers] did was pursuant to government contracts.''. (7) Under section 3 of article IV of the Constitution of the United States, Congress has the exclusive power to ``dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States''. (8) The .gov and .mil top-level domains are the property of the United States Government, and as property, the United States Government should have the exclusive control and use of those domains in perpetuity. SEC. 3. MAINTAINING THE IANA FUNCTIONS CONTRACT. The Assistant Secretary of Commerce for Communications and Information may not allow the responsibility of the National Telecommunications and Information Administration with respect to the Internet domain name system functions, including responsibility with respect to the authoritative root zone file and the performance of the Internet Assigned Numbers Authority functions, to terminate, lapse, expire, be cancelled, or otherwise cease to be in effect unless a Federal statute enacted after the date of enactment of this Act expressly grants the Assistant Secretary such authority. SEC. 4. EXCLUSIVE UNITED STATES GOVERNMENT OWNERSHIP AND CONTROL OF .GOV AND .MIL DOMAINS. Not later than 60 days after the date of enactment of this Act, the Assistant Secretary of Commerce for Communications and Information shall provide to Congress a written certification that the United States Government has-- (1) secured sole ownership of the .gov and .mil top-level domains; and (2) entered into a contract with the Internet Corporation for Assigned Names and Numbers that provides that the United States Government has exclusive control and use of those domains in perpetuity.

Protecting Internet Freedom Act This bill prohibits the Assistant Secretary of Commerce for Communications and Information from allowing the National Telecommunications and Information Administration's responsibility for Internet domain name system functions, including the authoritative root zone file and the performance of the Internet Assigned Numbers Authority functions, to cease unless a federal statute enacted after enactment of this bill expressly grants the Assistant Secretary such authority. The Assistant Secretary must certify to Congress that the U.S. government has: (1) secured sole ownership of the .gov and .mil top-level domains, and (2) entered into a contract with the Internet Corporation for Assigned Names and Numbers that provides the U.S. government with exclusive control and use of those domains in perpetuity.

Protecting Internet Freedom Act

SECTION 1. SHORT TITLE, FINDINGS, AND PURPOSE. (a) Short Title.--This Act may be cited as the ``Stimulating Leadership in Limiting Expenditures (or `SLICE') Act of 2007''. (b) Findings.--Congress finds that-- (1) the Congressional Budget Office has projected that unless current laws and policies are changed Federal expenditures will exceed revenues during and after fiscal year 2007, which will require the Government to borrow funds to offset these deficits; (2) substantial Federal appropriations will continue to be required for ongoing costs of national defense and homeland security, as well as for other urgent purposes; (3) rescinding previously-mandated spending on lower- priority items would help reduce the extent to which such necessary appropriations for urgent purposes would require increases in the national debt that must be repaid, with interest, in the future; and (4) however, under current law, while the President can propose rescinding such spending, the Congress is not required to act on any such proposals by the President. (c) Purpose.--The purpose of this Act is to enable the President to require Congress to debate and vote on certain presidential proposals for reducing spending. SEC. 2. EXPEDITED CONSIDERATION OF CERTAIN PROPOSED RESCISSIONS. (a) In General.--Part B of title X of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 681 et seq.) is amended by redesignating sections 1013 through 1017 as sections 1014 through 1018, respectively, and inserting after section 1012 the following new section: ``SEC. 1013. EXPEDITED CONSIDERATION OF CERTAIN PROPOSED RESCISSIONS. ``(a) Proposed Rescission of Budget Authority.--In addition to the method of rescinding budget authority specified in section 1012, the President may propose, at the time and in the manner provided in subsection (b), the rescission of any budget authority provided in an appropriation Act. Funds made available for obligation under this procedure may not be proposed for rescission again under this section or section 1012. ``(b) Transmittal of Special Message.-- ``(1) Not later than 3 calendar days after the date of enactment of an appropriation Act, the President may transmit to Congress one special message proposing to rescind amounts of budget authority provided in that Act and include with that special message a draft bill that, if enacted, would only rescind that budget authority. That bill shall clearly identify the amount of budget authority that is proposed to be rescinded for each program, project, or activity to which that budget authority relates. ``(2) In the case of an appropriation Act that includes accounts within the jurisdiction of more than one subcommittee of the Committee on Appropriations, the President in proposing to rescind budget authority under this section shall send a separate special message and accompanying draft bill for accounts within the jurisdiction of each such subcommittee. ``(3) Each special message shall specify, with respect to the budget authority proposed to be rescinded, the matters referred to in paragraphs (1) through (5) of section 1012(a). ``(c) Procedures for Expedited Consideration.-- ``(1)(A) Before the close of the second legislative day of the House of Representatives after the date of receipt of a special message transmitted to Congress under subsection (b), the majority leader or minority leader of the House of Representatives shall introduce (by request) the draft bill accompanying that special message. If the bill is not introduced as provided in the preceding sentence, then, on the third legislative day of the House of Representatives after the date of receipt of that special message, any Member of that House may introduce the bill. ``(B) The bill shall be referred to the Committee on Appropriations of the House of Representatives. The Committee shall report the bill without substantive revision and with or without recommendation. The bill shall be reported not later than the seventh legislative day of that House after the date of receipt of that special message. If the Committee on Appropriations fails to report the bill within that period, that committee shall be automatically discharged from consideration of the bill, and the bill shall be placed on the appropriate calendar. ``(C) A vote on final passage of the bill referred to in subparagraph (B) shall be taken in the House of Representatives on or before the close of the 10th legislative day of that House after the date of the introduction of the bill in that House. If the bill is passed, the Clerk of the House of Representatives shall cause the bill to be engrossed, certified, and transmitted to the Senate within one calendar day of the day on which the bill is passed. ``(2)(A) A motion in the House of Representatives to proceed to the consideration of a bill under this section shall be highly privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. ``(B) Debate in the House of Representatives on a bill under this section shall not exceed 4 hours, which shall be divided equally between those favoring and those opposing the bill. A motion further to limit debate shall not be debatable. It shall not be in order to move to recommit a bill under this section or to move to reconsider the vote by which the bill is agreed to or disagreed to. ``(C) Appeals from decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to a bill under this section shall be decided without debate. ``(3)(A) A bill transmitted to the Senate pursuant to paragraph (1) (C) or (E) shall be referred to its Committee on Appropriations. The committee shall report the bill either without substantive revision or with an amendment in the nature of a substitute, and with or without recommendation. The bill shall be reported not later than the seventh legislative day of the Senate after it receives the bill. A committee failing to report the bill within such period shall be automatically discharged from consideration of the bill, and the bill shall be placed upon the appropriate calendar. ``(B) A vote on final passage of a bill transmitted to the Senate shall be taken on or before the close of the 10th legislative day of the Senate after the date on which the bill is transmitted. ``(4)(A) A motion in the Senate to proceed to the consideration of a bill under this section shall be privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. ``(B) Debate in the Senate on a bill under this section, and all amendments thereto and all debatable motions and appeals in connection therewith, shall not exceed 10 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees. ``(C) Debate in the Senate on any debatable motion or appeal in connection with a bill under this section shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover and the manager of the bill, except that in the event the manager of the bill is in favor of any such motion or appeal, the time in opposition thereto, shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from time under their control on the passage of a bill, allot additional time to any Senator during the consideration of any debatable motion or appeal. ``(D) A motion in the Senate to further limit debate on a bill under this section is not debatable. A motion to recommit a bill under this section is not in order. ``(d) Amendments and Divisions Generally Prohibited.--(1) Except as provided by paragraph (2), no amendment to a bill considered under this section or to a substitute amendment referred to in paragraph (2) shall be in order in either the House of Representatives or the Senate. It shall not be in order to demand a division of the question in the House of Representatives (or in a Committee of the Whole) or in the Senate. No motion to suspend the application of this subsection shall be in order in either House, nor shall it be in order in either House to suspend the application of this subsection by unanimous consent. ``(2)(A) It shall be in order in the Senate to consider an amendment in the nature of a substitute reported by the Committee on Appropriations under subsection (c)(3)(A) that complies with subparagraph (B). ``(B) It shall only be in order in the Senate to consider any amendment described in subparagraph (A) if-- ``(i) the amendment contains only rescissions to the same appropriation Act as the bill that it is amending contained; and ``(ii) the aggregate amount of budget authority rescinded equals or exceeds the aggregate amount of budget authority rescinded in the bill that it is amending; unless that amendment consists solely of the text of the bill as introduced in the House of Representatives that makes rescissions to carry out the applicable special message of the President. ``(C) It shall not be in order in the Senate to consider a bill or an amendment in the nature of a substitute reported by the Committee on Appropriations under subsection (c)(3)(A) unless the Senate has voted upon and rejected an amendment in the nature of a substitute consisting solely of the text of the bill as introduced in the House of Representatives that makes rescissions to carry out the applicable special message of the President. ``(e) Requirement to Make Available for Obligation.--Any amount of budget authority proposed to be rescinded in a special message transmitted to Congress under subsection (b) shall be made available for obligation on the earlier of-- ``(1) the day after the date upon which the House of Representatives defeats the bill transmitted with that special message rescinding the amount proposed to be rescinded and (if reported by the Committee on Appropriations) the alternative bill; or ``(2) the day after the date upon which the Senate rejects a bill or amendment in the nature of a substitute consisting solely of the text of the bill as introduced in the House of Representatives that makes rescissions to carry out the applicable special message of the President. ``(f) Definitions.--For purposes of this section-- ``(1) the term `appropriation Act' means any general or special appropriation Act, and any Act or joint resolution making supplemental, deficiency, or continuing appropriations; and ``(2) the term `legislative day' means, with respect to either House of Congress, any calendar day during which that House is in session.''. (b) Exercise of Rulemaking Powers.--Section 904 of such Act (2 U.S.C. 621 note) is amended-- (1) by striking ``and 1017'' in subsection (a) and inserting ``1013, and 1018''; and (2) by striking ``section 1017'' in subsection (d) and inserting ``sections 1013 and 1018''; and (c) Conforming Amendments.-- (1) Section 1011 of such Act (2 U.S.C. 682(5)) is amended-- (A) in paragraph (4), by striking ``1013'' and inserting ``1014''; and (B) in paragraph (5)-- (i) by striking ``1016'' and inserting ``1017''; and (ii) by striking ``1017(b)(1)'' and inserting ``1018(b)(1)''. (2) Section 1015 of such Act (2 U.S.C. 685) (as redesignated by section 2(a)) is amended-- (A) by striking ``1012 or 1013'' each place it appears and inserting ``1012, 1013, or 1014''; (B) in subsection (b)(1), by striking ``1012'' and inserting ``1012 or 1013''; (C) in subsection (b)(2), by striking ``1013'' and inserting ``1014''; and (D) in subsection (e)(2)-- (i) by striking ``and'' at the end of subparagraph (A); (ii) by redesignating subparagraph (B) as subparagraph (C); (iii) by striking ``1013'' in subparagraph (C) (as so redesignated) and inserting ``1014''; and (iv) by inserting after subparagraph (A) the following new subparagraph: ``(B) he has transmitted a special message under section 1013 with respect to a proposed rescission; and''. (3) Section 1016 of such Act (2 U.S.C. 686) (as redesignated by section 2(a)) is amended by striking ``1012 or 1013'' each place it appears and inserting ``1012, 1013, or 1014''. (d) Clerical Amendments.--The table of sections for subpart B of title X of such Act is amended-- (1) by redesignating the items relating to sections 1013 through 1017 as items relating to sections 1014 through 1018; and (2) by inserting after the item relating to section 1012 the following new item: ``Sec. 1013. Expedited consideration of certain proposed rescissions.''. SEC. 3. APPLICATION. (a) In General.--Section 1013 of the Congressional Budget and Impoundment Control Act of 1974 (as added by section 2) shall apply to amounts of budget authority provided by appropriation Acts (as defined in subsection (f) of such section) that are enacted during the One Hundred Tenth Congress. (b) Special Transition Rule.--Within 3 calendar days after the beginning of the One Hundred Eleventh Congress, the President may retransmit a special message, in the manner provided in section 1013(b) of the Congressional Budget and Impoundment Control Act of 1974 (as added by section 2), proposing to rescind only those amounts of budget authority that were contained in any special message to the One Hundred Tenth Congress which that Congress failed to consider because of its sine die adjournment before the close of the time period set forth in such section 1013 for consideration of those proposed rescissions. A draft bill shall accompany that special message that, if enacted, would only rescind that budget authority. Before the close of the second legislative day of the House of Representatives after the date of receipt of that special message, the majority leader or minority leader of the House of Representatives shall introduce (by request) the draft bill accompanying that special message. If the bill is not introduced as provided in the preceding sentence, then, on the third legislative day of the House of Representatives after the date of receipt of that special message, any Member of that House may introduce the bill. The House of Representatives and the Senate shall proceed to consider that bill in the manner provided in such section 1013.

Stimulating Leadership in Limiting Expenditures Act (or SLICE Act) of 2007 - Amends the Congressional Budget and Impoundment Control Act of 1974 to authorize the President to propose, at any time and in any manner provided in this Act, the rescission of any budget authority in an appropriation Act. Prohibits funds made available for obligation under this procedure from being proposed for rescission again. Sets forth requirements for: (1) the President's transmittal to Congress of a special message regarding a proposed rescission; and (2) expedited consideration of such proposal.

To provide for expedited rescissions of budget authority.

SECTION 1. RESEARCH TO EVALUATE TECHNOLOGY FOR DEPOSITING CERTAIN WASTE ON DEEP OCEAN SEABED. (a) Short Title.--This section may be cited as the ``____ Act of 1995''. (b) Research Program.--Title II of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1441 et seq.) is amended by-- (1) redesignating section 205 as section 206; and (2) inserting after section 204 the following new section: ``SEC. 205. DEEP OCEAN SEABED RESEARCH PROGRAM. ``(a) In General.--The Under Secretary, in cooperation with the Administrator, shall conduct a research program to demonstrate the feasibility of disposing of authorized waste by depositing it on the deep seabed by means of a closed container that isolates the waste from contact with the water column through which it passes. ``(b) Permits.-- ``(1) Issuance.--As part of a research program under this section and not later than 160 days after the date of the enactment of ____ Act of 1995, the Under Secretary shall issue permits to private persons which authorize the deposit of authorized waste at one or more specified sites on the deep seabed. ``(2) Terms of permits.--A permit issued under this subsection shall-- ``(A) specify a site for deposit of authorized waste, that is located in-- ``(i) the Atlantic Ocean; ``(ii) the Pacific Ocean; or ``(iii) the Gulf of Mexico; ``(B) require that authorized waste be deposited in a manner that prevents the waste from contacting the water column before the waste reaches the proximity of the deep seabed; ``(C) authorize deposits under the permit during the 15-year period beginning on the effective date of the permit; ``(D) require the person authorized to deposit authorized waste under the permit to conduct monitoring of the site or sites at which the wastes are deposited and to submit reports of such monitoring to the Under Secretary and the Administrator; and ``(E) provide that if the Under Secretary determines on the basis of monitored information that the deposit of authorized waste under the permit is adversely affecting ocean environmental conditions to an unacceptable extent, the Under Secretary may-- ``(i) revoke the permit for any further deposits; and ``(ii) require that the permittee recover so much of the authorized waste already deposited under the permit as is reasonably possible. ``(3) Limitation.--The Under Secretary may not issue more than one permit under this section that authorizes deposit of authorized material in each of the areas referred to in paragraph (2)(A)(i), (ii), and (iii). ``(4) Treated as epa permit.--For purposes of this title-- ``(A) a permit issued under this section is deemed to be a permit issued by the Administrator under section 102, and ``(B) such issuance shall constitute a waiver of the [prohibitions] and fee [specified] in section 104(b). [What is the intent of subparagraph (B)? What ``prohibitions'' are ``specified'' in section 104(b)?] ``(c) Authority of Under Secretary.--The Under Secretary may exercise any authority with respect to a permit under this section that the Administrator may exercise under this title with respect to a permit under section 102. ``(d) Monitoring.--As part of the research program under this section, the Under Secretary and the Administrator shall jointly design and conduct a program for monitoring the environmental conditions at sites where authorized wastes are deposited under permits issued under this section, and at other nearby areas that might be affected by those wastes. ``(e) Reports.--Not later than 1 year after the date of the enactment of the ____ Act of 1995 and annually thereafter, the Under Secretary [and the Administrator?] shall [jointly] prepare and submit to the Congress an annual report on the progress and results of the research programs conducted under this section. ``(f) Definitions.--For purposes of this section-- ``(1) Authorized waste.--The term `authorized waste' means dredge spoil, gold mining spoil, fly ash, incinerator ash, sewage sludge, and any other waste designated by the Under Secretary. ``(2) Under secretary.--The term `Under Secretary' means the Under Secretary of Commerce for Oceans and Atmosphere. ``(3) Deep seabed.--The term `deep seabed' means the gently undulating, sediment covered sea floor which is largely quiescent and which is located at depths greater than 5,000 feet below the ocean surface.''.

Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to mandate a research program to demonstrate the feasibility of disposing of authorized waste by depositing it on the deep seabed by means of a closed container that isolates the waste from the water column through which it passes. Provides for permits to so deposit. Mandates monitoring of environmental conditions at deposit sites.

To amend title II of the Marine Protection, Research, and Sanctuaries Act of 1972 to direct the Under Secretary of Commerce for Oceans and Atmosphere to conduct a research program to evaluate technology for depositing certain waste on the deep ocean seabed.

SECTION 1. HUMAN TISSUE. (a) In General.--Section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the following: ``(hh)(1) The term `human tissue' means a collection of similar human cells which-- ``(A) is intended for use in the diagnosis, cure, mitigation, treatment, or prevention of a disease or condition in a human or for reproduction; ``(B) achieves its primary intended purpose through repair or replacement of bodily tissue by structural support or cellular function; ``(C) may have been propagated or otherwise processed before use; ``(D) may be combined with substances that are safe under conditions of intended use and not intended to provide a therapeutic effect; and ``(E) includes reproductive tissue, demineralized bone, heart valves, dura mater, and manipulated autologous cells. ``(2) The term `human tissue' does not include vascularized human organs, gene therapy, blood, soluble blood components, milk, or products made by combining human tissue with biomaterials. ``(3) Human tissue is not a drug, biological product, or device unless reclassified by the Secretary pursuant to section 352A of the Public Health Service Act.''. (b) Regulation of Human Tissue.--Subpart 1 of part F of title III of the Public Health Service Act (42 U.S.C. 262 et seq.) is amended by adding at the end the following section: ``regulation of human tissue ``Sec. 352A. (a) Subject to Regulation.-- ``(1) In general.--Human tissue shall be subject to regulation under this section only if the Secretary publishes a finding in the Federal Register, after a hearing before the Commissioner, that voluntary regulation under generally accepted scientific standards is inadequate to protect the public health with respect to any particular type of human tissue or human tissue generally. ``(2) Exception.--Human tissue shall not be subject to regulation as a drug, biological product, or device unless it is reclassified under subsection (f). ``(b) Registration.-- ``(1) In general.--Any person subject to regulation under this section who recovers, processes, stores, or distributes human tissue for transplantation or implantation in the United States shall register in accordance with the registration procedures established for drugs under section 510 of the Federal Food, Drug, and Cosmetic Act. Such registration shall contain the name of the person, the location of its facilities, a list of the types of human tissue recovered, processed, stored, or distributed by such person, and a brief description of the basic method or methods of processing of such tissue. ``(2) Authorized activities.--A person registered in accordance with paragraph (1) shall be deemed to be authorized to conduct human tissue recovery, processing, storage, and distribution activities as identified in the applicable registration unless-- ``(A)(i) the Secretary determines, upon inspection, that such person fails to meet applicable operating standards under subsection (c); ``(ii) the Secretary notifies such person of a determination under clause (i), advises the person of the steps necessary to meet such standards, and provides the person with a reasonable opportunity to establish compliance with the standards; ``(iii) the Secretary determines, after an opportunity for an informal hearing, that the person has failed to establish compliance as provided for in clause (ii) within the applicable period and such failure constitutes a threat to the public health; and ``(iv) the Secretary suspends or revokes the authority to conduct such activities; ``(B) the Secretary determines, after an opportunity for an informal hearing, that such person has failed to comply with any patient registry or other retrospective patient data requirement, and the Secretary suspends or revokes the authority to conduct such activities; or ``(C) the Secretary determines that such person presents an immediate or substantial danger to the public health, and the Secretary suspends or revokes the authority to conduct such activities, in which case an informal hearing shall be conducted within 5 business days of the date of such suspension or revocation. ``(c) Operating Standards.--The Secretary may establish, after notice and opportunity for comment, operating standards for human tissue that shall be limited to the following general requirements for the recovery, processing, storage, and shipment of human tissue: ``(1) Requirements for infection control designed to prevent transmission of disease. ``(2) Requirements for processing practices that assure the safety of, and prevent damage to, human tissue. ``(3) Requirements for labeling and recordkeeping to identify the type of tissue and any added foreign substance and to permit tracing. ``(d) Labeling and Advertising.--Statements made in labeling, advertising or promotional materials regarding clinical benefit with respect to human tissue shall consist only of accurate and balanced representations that are consistent with sound scientific information, including current data from a registry required or established under subsection (e), if available. ``(e) Registry.--A person registered under subsection (b) may be required by the Secretary to maintain a patient registry or meet other retrospective patient data requirements if, after notice and an opportunity for comment, the Secretary determines that such tissue has been commercially available within the United States for a period of less than 5 years and that such data requirement is necessary to protect the public health. ``(f) Reclassifications.-- ``(1) Human tissue.--The Secretary may reclassify a particular type of human tissue as a drug, biological product or device if, after notice and an opportunity for comment, the Secretary determines that-- ``(A) with respect to the particular type of human tissue-- ``(i) the tissue is subject to a patient registry or other retrospective data requirement under which the collection of information has been required for at least 5 years (or such other time period as agreed to by the Secretary and the registered person); and ``(ii) the information received from such patient registry or other retrospective data requirement is insufficient to confirm the safety and clinical benefit from the use of such tissue; or ``(B) a particular type of human tissue should be reclassified because it presents an imminent hazard to public health. ``(2) Upon secretarial action.--The Secretary may reclassify a human drug, biological product or medical device as human tissue if the Secretary determines, after notice and an opportunity for comment, that such previous classification is not necessary to protect public health. ``(3) Upon petition.--The Secretary may reclassify a drug, biological product, medical device, or human tissue upon the petition of the sponsor of such drug, biological product or device, or the registered person for such human tissue, if, after notice and an opportunity to comment, the Secretary finds that such reclassification is consistent with the protection of public health. ``(g) Enforcement.-- ``(1) In general.--If the Secretary determines that any person has violated any provision of this section or any regulations promulgated under this section, and the Secretary determines that the violation constitutes a significant risk to the public health, the Secretary may issue an order that such person cease distribution of human tissue, or that human tissue recovered, processed, stored or distributed by such person be retained, recalled, or destroyed. After receipt of such an order, the person in possession of the human tissue shall not distribute or dispose of the human tissue in any manner inconsistent with the provisions of the order. ``(2) Hearing.--A person subject to the order under paragraph (1) may obtain an informal hearing regarding the order if the person requests such a hearing not later than 5 days after receiving the order. If the person does make such a request within such period, the Secretary shall conduct the hearing within 30 days after receiving the request and shall issue an order not later than 15 days after the hearing is conducted. Such order shall be considered a final order of the Secretary. ``(h) Inspection.--Each person registered under subsection (b) shall be subject to inspection under section 704 of the Federal Food, Drug, and Cosmetic Act. The Secretary may, with the concurrence of the registered person, authorize an inspection to be conducted by any person specifically accredited by the Secretary to conduct such inspection under section 712 of such Act. ``(i) Cord Blood.-- ``(1) In general.--This section (including provisions regarding reclassification) shall apply with respect to cord blood to the same extent and in the same manner as this section applies with respect to human tissue. ``(2) Implementation.--The Secretary shall implement this section with respect to cord blood under regulations promulgated after notice and opportunity to comment. ``(j) Eyes.--The Secretary shall not regulate eyes until such time as the Secretary makes a finding under this section that voluntary regulation under generally accepted standards is inadequate to protect the public health.''. (c) Transition.--The requirements of the interim regulation, promulgated by the Secretary of Health and Human Services on December 11, 1993, shall remain in effect until amended or withdrawn by the Secretary. Any modifications to such regulations after the date of the enactment of this Act are subject to this Act and the amendments made by this Act. (d) Effective Date.--The amendment made by subsection (c) shall take effect on June 30, 1997. (e) Conforming Amendments.-- (1) Adulteration provision.--Section 501 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351) is amended-- (A) in the first sentence by striking ``drug or device'' and inserting ``drug, device or human tissue''; and (B) by adding at the end thereof the following: ``(j) if it is human tissue and it is recovered, processed, stored, or distributed by-- ``(1) a registered person under section 352A of the Public Health Service Act whose failure to comply with standards constitutes a threat to public health; or ``(2) a person who is required under such section to register but has failed to do so.''. (2) Misbranding provisions.--Section 502 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 352) is amended: (A) in the section heading, but striking ``MISBRANDED DRUGS AND DEVICES'' and inserting the following: ``MISBRANDED DRUGS, DEVICES, AND HUMAN TISSUE''; and (B) in the first sentence, by striking ``drug or device'' and inserting ``drug, device or human tissue''. (3) Prohibited acts.--Section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amended by adding at the end thereof the following: ``(v) The adulteration or misbranding of any human tissue.''. (4) Seizure.--Section 304 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 334) is amended-- (A) in subsection (a)(2)(D), by inserting ``or human tissue'' after ``device''; and (B) in the first sentence of subsection (d)(1), by striking ``or cosmetic'' and inserting ``cosmetic, or human tissue''. (5) Inspection.--Section 704(a)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 374(a)(1)) is amended-- (A) in the first sentence, by inserting ``human tissue,'' after ``device,'' each place such appears; and (B) in the second sentence, by inserting ``human tissue,'' after ``drugs,'' each place such appears.

Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to establish a specific definition for "human tissue" which expressly excludes vascularized human organs, gene therapy, blood, soluble blood components, milk, or products made by combining human tissue with biomaterials. Declares that human tissue is not a drug, biological product, or device unless reclassified under this Act. Amends the Public Health Service Act (PHSA) to subject human tissue to regulation under such Act only if voluntary regulation is inadequate, or if it is reclassified as a drug, biological product, or device pursuant to specified guidelines established by this Act. Requires any person subject to such regulation who recovers, processes, stores, or distributes human tissue for transplantation or implantation in the United States to register in accordance with FFDCA drug registration procedures. Deems registrants to be authorized to conduct human tissue recovery, processing, storage, and distribution activities identified as applicable on the registration, unless, among other things, the Secretary of Health and Human Services suspends or revokes such authority after determining that the registrant fails to meet operating standards established by the Secretary. Prescribes certain human tissue labeling and advertising requirements. Authorizes the Secretary to reclassify human tissue as a drug, biological product, or device in specified circumstances. Outlines the mechanism for enforcement of this Act in the event that any violations of it constitute a significant risk to the public health. Subjects registrants to inspections under the Act. Applies the PHSA to umbilical cord blood to the same extent as it applies to human tissue. Prohibits the Secretary from regulating eyes until voluntary regulation is inadequate to protect the public health.

A bill to provide for the regulation of human tissue for transplantation to ensure that such tissue is handled in a manner to preserve its safety and purity, and for other purposes.

SECTION 1. SHORT TITLE. This Act shall be known as the ``Cotton Shirt Industry Tariff Relief and Technical Corrections Act''. SEC. 2. TEMPORARY DUTY REDUCTIONS FOR CERTAIN COTTON SHIRTING FABRIC. (a) Certain Cotton Shirting Fabrics.-- (1) In general.--Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new headings: `` 9902.52.08 Woven fabrics of Free No change No change On or before 12/ cotton, all the 31/2006 foregoing certified by the importer as suitable for use in making men's and boys' shirts and as imported by or for the benefit of a manufacturer of men's and boys' shirts, subject to the quantity limitations contained in general note 18 of this subchapter (provided for in section 204(b)(3)(B)(i)(II I) of the Andean Trade Preference Act (19 U.S.C. 3203))............ 9902.52.09 Woven fabrics of Free No change No change On or before 12/ cotton, all the 31/2005 '' foregoing . certified by the importer as containing 100 percent pima cotton grown in the United States, as suitable for use in making men's and boys' shirts, and as imported by or for the benefit of a manufacturer of men's and boys' shirts (provided for in section 204(b)(3)(B)(i)(II I) of the Andean Trade Preference Act (19 U.S.C. 3203))............ (2) Definitions and limitation on quantity of imports.--The U.S. Notes to chapter 99 are amended by adding at the end the following: ``18. For purposes of subheadings 9902.52.08 and 9902.52.09, the term `making' means cutting and sewing in the United States, and the term `manufacturer' means a person or entity that cuts and sews in the United States. ``19. The aggregate quantity of cotton fabrics entered under subheading 9902.52.08 from January 1 to December 31 of each year, inclusive, by or on behalf of each manufacturer of men's and boys' shirts shall be limited to 85 percent of the total square meter equivalents of all imported cotton woven fabric used by such manufacturer in cutting and sewing men's and boys' cotton shirts in the United States and purchased by such manufacturer during calendar year 2000.''. (b) Determination of Tariff-Rate Quotas.-- (1) Authority to issue licenses and license use.--To implement the limitation on the quantity of imports of cotton woven fabrics under subheading 9902.52.08 of the Harmonized Tariff Schedule of the United States, as required by U.S. Note 19 to subchapter II of chapter 99 of such Schedule, for the entry, or withdrawal from warehouse for consumption, the Secretary of Commerce shall issue licenses to eligible manufacturers with respect to items entered under subheading 9902.52.08 specifying the annual quantity restrictions under each such license. A licensee may assign the authority (in whole or in part) to import fabric under subheading 9902.52.08 of such Schedule. (2) Licenses under u.s. note 19.--For purposes of U.S. Note 19 to subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States, the Secretary of Commerce shall issue a license within 60 days of an application containing a notarized affidavit from an officer of the manufacturer that the manufacturer is eligible to receive a license and stating the quantity of imported cotton woven fabric purchased during calendar year 2000 for use in the cutting and sewing of men's and boys' shirts in the United States. (3) Affidavits.--For purposes of an affidavit described in this subsection, the date of purchase shall be-- (A) the invoice date if the manufacturer is not the importer of record; and (B) the date of entry if the manufacturer is the importer of record. SEC. 3. PIMA COTTON TRUST FUND. (a) Establishment of Trust Fund.-- (1) In general.--There is hereby established within the Treasury of the United States a trust fund to be known as the ``Pima Cotton Trust Fund'' (hereinafter in this section referred to the ``Trust Fund''), consisting of such amounts as may be transferred to the Trust Fund under paragraph (2). (2) Transfer of amounts.-- (A) In general.--Beginning October 1, 2005, the Secretary of the Treasury shall transfer to the Trust Fund out of the general fund of the Treasury of the United States amounts determined by the Secretary of the Treasury to be equivalent to the amounts received in the general fund that are attributable to the duty received since January 1, 1994, on articles under subheadings 5208.21.60, 5208.22.80, 5208.29.80, 5208.31.80, 5208.32.50, 5208.39.80, 5208.41.80, 5208.42.50, 5208.49.80, 5208.51.80, 5208.52.50, 5208.59.80, 5210.21.80, and 5210.31.80 of the Harmonized Tariff Schedule of the United States, subject to the limitation in subparagraph (B). (B) Limitation.--The Secretary shall not transfer more than $16,000,000 to the Trust fund in any fiscal year, and shall not transfer any amount beginning on or after October 1, 2007. (b) Distribution of Funds.-- (1) In general.--From amounts in the Trust Fund, the Commissioner of Customs and Border Protection shall make the following payments annually beginning in fiscal year 2005: (A) 25 percent of the amounts in the Trust Fund shall be paid annually to a nationally recognized association established for the promotion of pima cotton grown in the United States for use in textile and apparel goods. (B) 25 percent of the amounts in the Trust Fund shall be paid annually to yarn spinners of pima cotton grown in the United States, and shall be allocated to each such spinner in an amount that bears the same ratio as-- (i) the spinner's production of ring spun cotton yarns, measuring less than 83.33 decitex (exceeding 120 metric number) from pima cotton grown in the United States in single and plied form during calendar year 2002 (as evidenced by an affidavit provided by the spinner), bears to (ii) the production of yarns described in clause (i) during calendar year 2002 for all spinners who qualify under this subparagraph. (C) 50 percent of the amounts in the Trust Fund shall be paid annually to manufacturers who cut and sew cotton shirts in the United States who certify that they used imported cotton fabric during the period January 1, 1998, through July 1, 2003, and shall be allocated to each such manufacturer in an amount that bears the same ratio as-- (i) the dollar value (excluding duty, shipping, and related costs) of imported woven cotton shirting fabric of 80s or higher count and 2-ply in warp purchased by the manufacturer during calendar year 2002 (as evidenced by an affidavit from the manufacturer that meets the requirements of paragraph (2)) used in the manufacturing of men's and boys' cotton shirts, bears to (ii) the dollar value (excluding duty, shipping, and related costs) of the fabric described in clause (i) purchased during calendar year 2002 by all manufacturers who qualify under this subparagraph. (2) Affidavit of shirting manufacturers.--The affidavit required by paragraph (1)(C) is a notarized affidavit of an officer of the manufacturer of men's and boys' shirts that affirms-- (A) that the manufacturer used imported cotton fabric during the period January 1, 1998, through July 1, 2003, to cut and sew men's and boys' woven cotton shirts in the United States; (B) the dollar value of imported woven cotton shirting fabric of 80s or higher count and 2-ply in warp purchased during calendar year 2002; (C) that the manufacturer maintains invoices along with other supporting documentation (such as price lists and other technical descriptions of the fabric qualities) showing the dollar value of such fabric purchased, the date of purchase, and evidencing the fabric as woven cotton fabric of 80s or higher count and 2-ply in warp; and (D) that the fabric was suitable for use in the manufacturing of men's and boys' cotton shirts. (3) Date of purchase.--For purposes of the affidavit required by paragraph (2), the date of purchase shall be the invoice date, and the dollar value shall be determined excluding duty, shipping, and related costs. (4) Affidavit of yarn spinners.--The affidavit required by paragraph (1)(B), is a notarized affidavit of an officer of a company that produces ring spun yarns that affirms-- (A) that the producer used pima cotton grown in the United States during the period January 1, 2002, through December 31, 2002, to produce ring spun cotton yarns, measuring less than 83.33 decitex (exceeding 120 metric number) in single and plied form during 2002; (B) the quantity, measured in pounds of ring spun cotton yarns, measuring less than 83.33 decitex (exceeding 120 metric number), in single and plied form during calendar year 2002; and (C) that the producer maintains supporting documentation showing the quantity of such yarns produced, and evidencing the yarns as ring spun cotton yarns, measuring less than 83.33 decitex (exceeding 120 metric number), in single and plied form during calendar year 2002. (5) No appeal.--Any amount paid by the Commissioner of Customs and Border Protection under this section shall be final and not subject to appeal or protest.

Cotton Shirt Industry Tariff Relief and Technical Corrections Act - Amends the Harmonized Tariff Schedule of the United States to reduce, through December 31, 2005 or 2006 (as appropriate), the duty on certain cotton shirting fabrics. Limits the quantity of imported cotton woven fabric entered by or on behalf of each manufacturer of men's and boy's shirts. Provides for the issuance of import licenses subject to such limitation. Establishes the Pima Cotton Trust Fund within the Treasury, consisting of transfers from the general fund in amounts attributable to the duty received since January 1, 1994, on woven fabrics of cotten under specified headings of the Harmonized Tariff Schedule of the United States. Provides for annual distribution of amounts from such Fund to a nationally recognized association of shirting manufacturers for the promotion of U.S.-grown pima cotton, and to yarn spinners of such cotton .

A bill to provide relief for the cotton shirt industry.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Law Enforcement Officers Pay Equity and Reform Act of 2002''. SEC. 2. LIMITATION ON PREMIUM PAY. (a) In General.--Section 5547 of title 5, United States Code, is amended-- (1) in subsection (a), by striking ``5545a,''; (2) in subsection (c), by striking ``or 5545a''; and (3) in subsection (d), by striking the period and inserting ``or a criminal investigator who is paid availability pay under section 5545a.''. (b) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of section 1114 of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1239). SEC. 3. SEPARATE PAY, EVALUATION, AND PROMOTION SYSTEM FOR FEDERAL LAW ENFORCEMENT OFFICERS. (a) Study.--Not later than 6 months after the date of the enactment of this Act, the Office of Personnel Management shall study and submit to Congress a report which shall contain its findings and recommendations regarding the need for, and the potential benefits to be derived from, the establishment of a separate pay, evaluation, and promotion system for Federal law enforcement officers. In carrying out this subsection, the Office of Personnel Management shall take into account the findings and recommendations contained in the September 1993 report of the Office entitled ``A Plan to Establish a New Pay and Job Evaluation System for Federal Law Enforcement Officers''. (b) Demonstration Project.-- (1) In general.--If, after completing its report under subsection (a), the Office of Personnel Management considers it to be appropriate, the Office shall implement, within 12 months after the date of the enactment of this Act, a demonstration project to determine whether a separate system for Federal law enforcement officers (as described in subsection (a)) would result in improved Federal personnel management. (2) Applicable provisions.--Any demonstration project under this subsection shall be conducted in accordance with the provisions of chapter 47 of title 5, United States Code, except that a project under this subsection shall not be taken into account for purposes of the numerical limitation under section 4703(d)(2) of such title. (3) Permanent changes.--Not later than 6 months before the demonstration project's scheduled termination date, the Office of Personnel Management shall submit to Congress-- (A) its evaluation of the system tested under the demonstration project; and (B) recommendations as to whether or not that system (or any aspects of that system) should be continued or extended to other Federal law enforcement officers. (c) Federal Law Enforcement Officer Defined.--For purposes of this section, the term ``Federal law enforcement officer'' means a law enforcement officer as defined by section 8331 or 8401 of title 5, United States Code. SEC. 4. REPORT ON FEDERAL LAW ENFORCEMENT OFFICERS. (a) In General.--Not later than 6 months after the date of enactment of this Act, the Office of Personnel Management shall submit a report to Congress on the definition of a Federal law enforcement officer for purposes of pay and benefits under the provisions of title 5, United States Code. (b) Recommendations.--The report under subsection (a) shall include recommendations of applying pay and benefit provisions (including retirement under chapters 83 and 84 of title 5, United States Code, and premium pay under subchapter V of chapter 55 of that title) to Federal employees who are not defined as law enforcement officers under those provisions. SEC. 5. EMPLOYEE EXCHANGE PROGRAM BETWEEN DEPARTMENT EMPLOYEES AND EMPLOYEES OF STATE AND LOCAL GOVERNMENTS. (a) Definitions.--In this section: (1) Employing agency.--The term ``employing agency'' means the Federal, State, or local government agency with which the participating employee was employed before an assignment under the Program. (2) Participating employee.--The term ``participating employee'' means an employee who is participating in the Program. (3) Program.--The term ``Program'' means the employee exchange program established under subsection (b). (b) Establishment.--The President shall establish an employee exchange program between Federal agencies that perform law enforcement functions and agencies of State and local governments that perform law enforcement functions. (c) Conduct of Program.--The Program shall be conducted in accordance with subchapter VI of chapter 33 of title 5, United States Code. (d) Qualifications.--An employee of an employing agency who performs law enforcement functions may be selected to participate in the Program if the employee-- (1) has been employed by that employing agency for a period of more than 3 years; (2) has had appropriate training or experience to perform the work required by the assignment; (3) has had an overall rating of satisfactory or higher on performance appraisals from the employing agency during the 3- year period before being assigned to another agency under this section; and (4) agrees to return to the employing agency after completing the assignment for a period not less than the length of the assignment. (d) Written Agreement.--An employee shall enter into a written agreement regarding the terms and conditions of the assignment before beginning the assignment with another agency.

Federal Law Enforcement Officers Pay Equity and Reform Act of 2002 - Excludes availability pay for Federal criminal investigators from premium pay limitations.Requires a study by the Office of Personnel Management (OPM) regarding the need for, and potential benefits of, the establishment of a separate pay, evaluation, and promotion system for Federal law enforcement officers. Authorizes OPM to implement a demonstration project for such a system.Directs OPM to report to Congress on the definition of a Federal law enforcement officer for pay and benefit purposes. Requires such report to include recommendations of applying pay and benefit provisions (including retirement and premium pay provisions) to Federal employees who are not defined as law enforcement officers under those provisions.Directs the President to establish an employee exchange program between Federal agencies that perform law enforcement functions and State and local government agencies that perform such functions.

A bill to amend chapter 55 of title 5, United States Code, to exclude availability pay for certain Federal law enforcement officers from the limitation on premium pay, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stable Oil Supply Home Heating Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) more than 35 percent of families in the northeastern United States depend on oil to heat their homes each winter, and most of those families have no practical alternative to paying the going price for home heating oil or seeking public or private assistance to pay for home heating oil; (2) consumers experienced sudden and dramatic increases in prices for home heating oil during the winters of 1989, 1996, and 1999, causing hardship to families and other people of the United States, including people on fixed and low incomes, people living in rural areas, the elderly, farmers, truckers and the driving public, and governments that pay home heating oil bills; (3) a substantial part of each sudden increase in home heating oil prices has been caused by vastly inadequate supplies of home heating oil accumulated during the summer, fall, and winter months by importers, refiners, and wholesalers; and (4) increased stability in home heating oil prices is necessary to maintain the economic vitality of the Northeast. (b) Purpose.--The purpose of this Act is to ensure that minimally adequate stocks of home heating oil are accumulated in the Northeast to meet reasonably foreseeable demand during each winter while protecting consumers from sudden increases in the price of home heating oil. SEC. 3. DEFINITIONS. Section 152 of the Energy Policy and Conservation Act (42 U.S.C. 6232) is amended-- (1) by redesignating paragraphs (2), (3), (4), (5), (6), (7), (8), (9), (10), and (11) as paragraphs (3), (4), (5), (8), (9), (10), (11), (12), (13), and (14), respectively; (2) by inserting after paragraph (1) the following: ``(2) Home heating oil.-- ``(A) In general.--The term `home heating oil' means distillate fuel oil. ``(B) Inclusions.--The term `home heating oil' includes No. 1 and No. 2 diesel and fuel oils.''; (3) by inserting after paragraph (5) (as redesignated by paragraph (1) of this section) the following: ``(6) Northeast.--The term `Northeast' means the States of Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, New York, Pennsylvania, and New Jersey. ``(7) Primary heating oil inventory.-- ``(A) In general.--The term `primary heating oil inventory' means a heating oil inventory held by an importer, refiner, or wholesaler. ``(B) Exclusion.--The term `primary heating oil inventory' does not include any inventory held by a retailer for the direct sale to an end user of home heating oil.''; and (4) by adding at the end the following: ``(15) Wholesaler.--The term `wholesaler' means any person that-- ``(A) owns, operates, leases, or otherwise controls a bulk terminal having a total petroleum storage capacity of 50,000 barrels or more; ``(B) stores heating oil; and ``(C)(i) resells petroleum products to retail businesses that market the petroleum products to end users; or ``(ii) receives petroleum products by tanker, barge, or pipeline. ``(16) Winter season.--The term `winter season' means the months of November through March.''. SEC. 4. HOME HEATING OIL RESERVE FOR THE NORTHEAST. (a) Amendment.--Part B of title I of the Energy Policy and Conservation Act (15 U.S.C. 6231 et seq.) is amended by inserting after section 157 the following: ``SEC. 157A. VOLUNTARY PLANS FOR HOME HEATING OIL RESERVE. ``(a) Development and Submission of Voluntary Plans.--Importers, refiners, and wholesalers that hold primary heating oil inventories for sale to markets in the Northeast, acting individually or in 1 or more groups, shall, for the purposes of ensuring stability in energy fuel markets and protecting consumers from dramatic swings in price-- ``(1) develop voluntary plans, in consultation with interested individuals from nonprofit organizations and the public and private sectors, to maintain readily available minimum product inventories of home heating oil for sale in the Northeast, possibly in combination with the hedging of future inventories, to mitigate the risk of severe price increases to consumers and to reduce adverse impacts on the regional and national economies; and ``(2) submit the voluntary plans to the Secretary not later than 180 days after the date of enactment of this section. ``(b) Certification and Report.-- ``(1) In general.--If the Secretary determines that a plan submitted under subsection (a)-- ``(A) is likely to achieve the purposes of the Stable Oil Supply Home Heating Act, the Secretary shall so certify, and the importer, refiner, or wholesaler shall implement the plan; or ``(B) is not likely to achieve the purposes of the Stable Oil Supply Home Heating Act, the Secretary shall issue a statement explaining why the plan does not appear likely to achieve those purposes. ``(2) Report.--Not later than 240 days after the date of enactment of this section, the Secretary shall submit to Congress a report describing the findings and reasons for a certification or failure to certify each plan submitted under subsection (a). ``(c) Defense to Antitrust Actions.-- ``(1) In general.--There shall be available as a defense to a civil or criminal action brought under the antitrust laws (or any similar State law) with respect to an action taken by an importer, refiner, or wholesaler the fact that-- ``(A) the action is taken-- ``(i) in the course of developing a voluntary plan for submittal under subsection (a); or ``(ii) in the course of carrying out the voluntary plan, if the voluntary plan is certified by the Secretary under subsection (b)(1)(A), but only to the extent specified in or within the reasonable contemplation of the voluntary plan; ``(B) the action is not taken for the purpose of injuring competition; and ``(C) the importer, refiner, or wholesaler is in compliance with this section and section 157B. ``(2) Burden of proof.--A person asserting the defense under paragraph (1) shall have the burden of proof, except that the burden shall be on the person against which the defense is asserted with respect to whether an action is taken for the purpose of injuring competition. ``(d) Applicability.--The requirements of this section and section 157B shall not apply to an importer or refiner whose total petroleum storage capacity is less than 50,000 barrels. ``(e) Report.--Not later than 1 year after the date of enactment of this section, and annually thereafter, the Secretary shall submit to Congress a report describing the results of the implementation of all voluntary plans certified under this section, including specific compliance by importers, refiners, and wholesalers that serve the Northeast market with respect to the adequacy of the home heating oil supply. ``SEC. 157B. HOME HEATING OIL RESERVE FOR THE NORTHEAST. ``(a) Establishment of Private Home Heating Oil Reserves.--If, after the expiration of 240 days after the date of enactment of this section, a certified plan described in section 157A has not been implemented in accordance with that section for an importer, refiner, or wholesaler that stores heating oil for sale in the Northeast, not later than 300 days after the date of enactment of this section, the Secretary shall issue an order requiring the establishment of a private home heating oil reserve for the Northeast in accordance with this section. ``(b) Inventory.-- ``(1) In general.--Except as provided in paragraph (2), the Secretary shall periodically monitor supply levels as necessary to ensure that each importer, refiner, and wholesaler of heating oil for sale in the Northeast shall have in inventory and readily available to retailers or consumers in the Northeast a quantity of home heating oil that the Secretary determines is equal to the quantity that each importer, refiner, or wholesaler may reasonably be expected to require to supply the needs of its customers during the present or following winter season without subjecting consumers to sudden price increases that are due in part to inadequate buildup of heating oil inventories. ``(2) Increased inventory.--If the Secretary determines under paragraph (1) that an inventory of home heating oil is insufficient, the Secretary shall direct an importer, refiner, or wholesaler to acquire, store, and maintain in readily available inventories any quantity of home heating oil that the Secretary determines to be necessary to supply home heating oil needs in the Northeast without subjecting consumers to sudden price increases that are due in part to inadequate buildup of heating oil inventories. ``(3) Limitation.--The Secretary shall not require any importer, refiner, or wholesaler to store any product under this subsection in a quantity greater than 95 percent of the average storage capacity for heating oil reasonably available to the importer, refiner, or wholesaler during the preceding 2 years. ``(4) Regulations.--As soon as practicable after the date of enactment of this section, the Secretary shall promulgate regulations necessary to carry out this section, including regulations that-- ``(A) establish civil penalties to enforce this section; and ``(B) provide that the Secretary shall cooperate with State energy authorities in carrying out this section. ``(c) Excess Inventory.--At the end of each winter season, the Administrator of the Environmental Protection Agency shall take appropriate and reasonable action to enable importers, refiners, and wholesalers of home heating oil to sell any remaining excess inventories of home heating oil that the importers, refiners, and wholesalers may have. ``(d) Implementation.--In implementing this section, the Secretary shall ensure, to the maximum extent practicable, that the manner of implementation supports the maintenance of an economically sound and competitive petroleum industry. ``(e) Report.--Not later than 22 months after the date of enactment of this section, the Secretary shall submit to Congress a report describing the results of the implementation of this section and section 157A, including specific compliance by importers, refiners, and wholesalers subject to the requirements of this section and section 157A with respect to home heating oil supply buildup.''. (b) Table of Contents Amendment.--The table of contents of the Energy Policy and Conservation Act is amended by inserting after the item relating to section 157 the following items: ``Sec. 157A. Voluntary plans for home heating oil reserve. ``Sec. 157B. Home heating oil reserve for the Northeast.''.

Directs the Secretary to: (1) issue an order requiring the establishment of a private home heating oil reserve for the Northeast if a certified plan has not been implemented within a specified time frame for an importer, refiner, or wholesaler that stores heating oil for sale in the Northeast; (2) periodically monitor supply levels to ensure that home heating oil inventories in the Northeast are adequate to supply customer needs during the present or following winter season so as to obviate sudden price increases caused by inadequate inventories; (3) require an importer, refiner, or wholesaler to increase its inventory if the Secretary determines that inventories are insufficient; and (4) establish civil penalties and cooperate with State energy authorities in carrying out this Act. Instructs the Administrator of the Environmental Protection Agency to take action to enable importers, refiners, or wholesalers to sell their remaining excess inventories at the end of each winter season.

Stable Oil Supply Home Heating Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``America's Commitment to Clean Water Act''. SEC. 2. PURPOSES. The purposes of this Act are as follows: (1) To reaffirm the original objective of Congress in enacting the Federal Water Pollution Control Act Amendments of 1972 (86 Stat. 816) to restore and maintain the chemical, physical, and biological integrity of the Nation's waters. (2) To reaffirm the definition of the waters of the United States that are subject to the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) consistent with the interpretation of such Act prior to the decisions of the United States Supreme Court in Solid Waste Agency of Northern Cook County v. United States Army Corps of Engineers, 531 U.S. 159 (2001), and the consolidated cases of Rapanos v. United States and Carabell v. United States Army Corps of Engineers, 547 U.S. 715 (2006), by legislatively overturning the effect of those decisions. (3) To define the term ``waters of the United States'' and to protect such waters as authorized by the powers granted under section 8 of article I, section 2 of article II, and section 3 of article IV of the Constitution of the United States and in a manner consistent with the Federal Water Pollution Control Act and subsequent amendments thereto. SEC. 3. FINDINGS. Congress finds the following: (1) The decisions of the United States Supreme Court in Solid Waste Agency of Northern Cook County v. United States Army Corps of Engineers and the consolidated cases of Rapanos v. United States and Carabell v. United States Army Corps of Engineers unduly restricted the scope of the Federal Water Pollution Control Act and impair the statutory protections for waters of the United States contrary to the intent of Congress. (2) Water is a unique and precious resource that is necessary to sustain human life and the life of animals and plants. (3) Water is important for agriculture, transportation, energy production, recreation, fishing and shellfishing, and municipal and commercial uses. (4) Water moves through interconnected hydrologic cycles, and the pollution, degradation, or destruction of a part of an aquatic system, including geographically isolated or intrastate waters, can affect the chemical, physical, and biological integrity of other parts of the aquatic system. (5) Small and intermittent streams, including seasonal streams, and their headwaters comprise the majority of all stream and river miles in the conterminous United States. These waters affect the introduction of pollutants to larger rivers and streams, the life cycles of aquatic organisms and other wildlife, and the flow of higher order streams during floods. (6) The pollution, degradation, and destruction of waters of the United States, individually and in the aggregate, have a substantial relation to and effect on interstate commerce. Discharges of pollutants into waters of the United States are the result of, relate to, and are a necessary part of commercial or economic activity. (7) Millions of people in the United States depend on the waters of the United States, including wetlands, to improve water quality, recharge surface and subsurface drinking water supplies, protect human health, and create commercial or economic opportunity. Source water protection areas containing one or more small or intermittent streams provide water to public drinking water supplies that serve more than 117,000,000 people in the United States. (8) Millions of people in the United States enjoy recreational activities that depend on the waters of the United States, including wetlands, and those activities and associated travel generate billions of dollars of income each year for the travel, tourism, recreation, and sporting sectors of the economy of the United States. (9) Protecting the waters of the United States from discharges of pollutants, degradation, and destruction is a necessary and proper means of implementing treaties to which the United States is a party, including treaties protecting fish, birds, and wildlife. (10) Protecting the waters of the United States from discharges of pollutants, degradation, and destruction is a necessary and proper means of protecting the territory or other property belonging to the United States, including parkland, refuge land, and other land under Federal ownership and the waters encompassed by that land. (11) Administrative and judicial interpretations of the Federal Water Pollution Control Act have treated ground water separately from ``waters of the United States'' as that term is used in such Act, and ground water has not been considered to be ``waters of the United States'' under such Act. This Act and the amendments made by this Act do not affect those administrative and judicial interpretations. (12) This Act and the amendments made by this Act do not affect the authority of the Secretary of the Army or the Administrator of the Environmental Protection Agency under the provisions of the Federal Water Pollution Control Act as interpreted or applied by the Secretary or Administrator as of January 8, 2001. SEC. 4. DEFINITIONS. Section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362) is amended-- (1) by repealing paragraph (7); and (2) by adding at the end the following: ``(26) Waters of the united states.-- ``(A) In general.--The term `waters of the United States' includes-- ``(i) all waters that are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters that are subject to the ebb and flow of the tide; ``(ii) all interstate and international waters, including interstate and international wetlands; ``(iii) all other waters, including intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation, or destruction of which does or would affect interstate or foreign commerce, the obligations of the United States under a treaty, or the territory or other property belonging to the United States; ``(iv) all impoundments of waters otherwise defined as waters of the United States under this paragraph; ``(v) tributaries of waters identified in clauses (i) through (iv); ``(vi) the territorial seas; and ``(vii) waters, including wetlands, adjacent to waters identified in clauses (i) through (vi). ``(B) Exclusions.--The term `waters of the United States' does not include-- ``(i) waters that are all or part of a waste treatment system, including treatment ponds or lagoons designed to meet the requirements of this Act; or ``(ii) prior converted cropland, except that, notwithstanding the determination of an area's status as prior converted cropland by the Secretary of Agriculture, for the purposes of this Act, the final authority regarding jurisdiction under this Act remains with the Administrator. ``(27) Waste treatment system.-- ``(A) In general.--The term `waste treatment system' means a confined and discrete system or structure that is specifically designed and engineered to meet the requirements of this Act and that is determined by the Administrator to be documented by the applicable permitting authority under section 402 or 404. ``(B) Special rule.--A system or structure may not be documented as a waste treatment system and the Administrator may not make a determination under subparagraph (A) if, after the date of enactment of this paragraph, such system or structure is created in waters of the United States or results from the impoundment of waters of the United States. ``(C) Grandfather.--Notwithstanding subparagraph (B), a waste treatment system in existence and documented before the date of enactment of this paragraph may include a waste treatment system that was either originally created in or resultant from the impoundment of waters of the United States if the discharge from such system meets applicable standards and limitations at the point of discharge in a manner similar to other discharges under this Act. ``(D) Applicability.--The definition contained in this paragraph shall apply only for the purposes of paragraph (26). ``(28) Prior converted cropland.--The term `prior converted cropland' means a wetland as determined by the Secretary of Agriculture-- ``(A) that has been converted by draining, dredging, filling, leveling, or other manipulation (including the removal of woody vegetation or any activity that results in impairing or reducing the flow and circulation of water) for the purpose of or to have the effect of making possible the production of an agricultural commodity without further application of the manipulations described herein if-- ``(i) such production would not have been possible but for the conversion; and ``(ii) before the conversion such land was wetland, farmed wetland, or farmed-wetland pasture; ``(B) on which such conversion occurred prior to December 23, 1985; ``(C) on which an agricultural commodity had been produced at least once before December 23, 1985; ``(D) that, as of December 23, 1985, did not support woody vegetation and met the following hydrologic criteria: ``(i) inundation was fewer than 15 consecutive days during the growing season or 10 percent of the growing season, whichever is less, in most years (50 percent chance or more); and ``(ii) if a pothole, playa, or pocosin, ponding was fewer than 7 consecutive days during the growing season in most years (50 percent chance or more) and saturation was fewer than 14 consecutive days during the growing season most years (50 percent chance or more); and ``(E) that is devoted to an agricultural use.''. SEC. 5. CONFORMING AMENDMENTS. The Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) is amended-- (1) by striking ``navigable waters of the United States'' each place it appears and inserting ``waters of the United States''; (2) in section 304(l)(1) by striking ``navigable waters'' in the paragraph heading and inserting ``waters of the united states''; and (3) by striking ``navigable waters'' each place it appears and inserting ``waters of the United States''.

America's Commitment to Clean Water Act - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to replace the term "navigable waters," for waters subject to the Act, with the term "waters of the United States," defined to mean: (1) all waters that are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce including all waters that are subject to the ebb and flow of the tide; (2) all interstate and international waters, including interstate and international wetlands; (3) all other waters, including intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation, or destruction of which does or would affect interstate or foreign commerce, U.S. obligations under a treaty, or U.S. territory or property; (4) all impoundments of waters otherwise defined as waters of the United States; (5) tributaries of such waters; (6) the territorial seas; and (7) waters, including wetlands, adjacent to such waters. Excludes from such definition: (1) waters that are all or part of a waste treatment system, including treatment ponds or lagoons designed to meet the requirements of the Act; or (2) prior converted cropland. Declares that the final authority regarding jurisdiction under this Act remains with the Administrator of the Environmental Protection Agency (EPA) notwithstanding the Secretary of Agriculture's determination that an area is prior converted cropland. Sets forth provisions defining waste treatment systems and prior converted farmland. Prohibits a system or structure that is created in waters of the United States or results from the impoundment of such waters from being documented as a waste treatment system. Authorizes a waste treatment system in existence and documented before this Act's enactment to include a waste treatment system that was either originally created in or resultant from the impoundment of such waters if the system's discharge meets applicable standards and limitations at the point of discharge.

To amend the Federal Water Pollution Control Act to reaffirm the jurisdiction of the United States over waters of the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Rail Line Relocation Assistance Act of 2001''. SEC. 2. RAIL LINE RELOCATION GRANT PROGRAM. (a) Establishment.-- (1) Authority.--Chapter 2 of title 23, United States Code, is amended by inserting after section 206 the following: ``Sec. 207. Capital grants for rail line relocation projects ``(a) Establishment of Program.--The Secretary shall carry out a grant program to provide financial assistance for local rail line relocation projects. ``(b) Eligibility.--A State is eligible for a grant under this section for any project for the improvement of the route or structure of a rail line passing through a municipality of the State that-- ``(1) is carried out for the purpose of mitigating the adverse effects of rail traffic on safety, motor vehicle traffic flow, or economic development in the municipality; ``(2) involves a lateral or vertical relocation of any portion of the rail line within the municipality to avoid a closing of a grade crossing or the construction of a road underpass or overpass; and ``(3) meets the costs-benefits requirement set forth in subsection (c). ``(c) Costs-Benefits Requirement.--A grant may be awarded under this section for a project for the relocation of a rail line only if the benefits of the project for the period equal to the estimated economic life of the relocated rail line exceed the costs of the project for that period, as determined by the Secretary considering the following factors: ``(1) The effects of the rail line and the rail traffic on motor vehicle and pedestrian traffic, safety, and area commerce if the rail line were not so relocated. ``(2) The effects of the rail line, relocated as proposed, on motor vehicle and pedestrian traffic, safety, and area commerce. ``(3) The effects of the rail line, relocated as proposed, on the freight and passenger rail operations on the rail line. ``(d) Considerations for Approval of Grant Applications.--In addition to considering the relationship of benefits to costs in determining whether to award a grant to an eligible State under this section, the Secretary shall consider the following factors: ``(1) The capability of the State to fund the rail line relocation project without Federal grant funding. ``(2) The requirement and limitation relating to allocation of grant funds provided in subsection (e). ``(3) Equitable treatment of the various regions of the United States. ``(e) Allocation Requirements.-- ``(1) Projects under $20,000,000.--At least 50 percent of all grant funds awarded under this section out of funds appropriated for a fiscal year shall be provided for rail line relocation projects that have an estimated project cost of less than $20,000,000 each. ``(2) Limitation per project.--Not more than 25 percent of the total amount available for carrying out this section for a fiscal year may be provided for any one project in that fiscal year. ``(f) Federal Share.--The total amount of a grant awarded under this section for a rail line relocation project shall be 90 percent of the shared costs of the project, as determined under subsection (g)(4). ``(g) State Share.-- ``(1) Percentage.--A State shall pay 10 percent of the shared costs of a project that is funded in part by a grant awarded under this section. ``(2) Forms of contributions.--The share required by paragraph (1) may be paid in cash or in kind. ``(3) In-kind contributions.--The in-kind contributions that are permitted to be counted under paragraph (2) for a project for a State are as follows: ``(A) A contribution of real property or tangible personal property (whether provided by the State or a person for the State). ``(B) A contribution of the services of employees of the State, calculated on the basis of costs incurred by the State for the pay and benefits of the employees, but excluding overhead and general administrative costs. ``(C) A payment of any costs that were incurred for the project before the filing of an application for a grant for the project under this section, and any in- kind contributions that were made for the project before the filing of the application, if and to the extent that the costs were incurred or in-kind contributions were made, as the case may be, to comply with a provision of a statute required to be satisfied in order to carry out the project. ``(4) Costs not shared.-- ``(A) In general.--For the purposes of subsection (f) and this subsection, the shared costs of a project in a municipality do not include any cost that is defrayed with any funds or in-kind contribution that a source other than the municipality makes available for the use of the municipality without imposing at least one of the following conditions: ``(i) The condition that the municipality use the funds or contribution only for the project. ``(ii) The condition that the availability of the funds or contribution to the municipality is contingent on the execution of the project. ``(B) Determinations of the secretary.--The Secretary shall determine the amount of the costs, if any, that are not shared costs under this paragraph and the total amount of the shared costs. A determination of the Secretary shall be final. ``(h) Multistate Agreements To Combine Amounts.--Two or more States (not including political subdivisions of States) may, pursuant to an agreement entered into by the States, combine any part of the amounts provided through grants for a project under this section if-- ``(1) the project will benefit each of the States entering into the agreement; and ``(2) the agreement is not a violation of a law of any such State. ``(i) Regulations.--The Secretary shall prescribe regulations for carrying out this section. ``(j) State Defined.--In this section, the term `State' includes, except as otherwise specifically provided, a political subdivision of a State. ``(k) Authorization of Appropriations.--Funds are hereby authorized to be appropriated from the general fund of the Treasury for carrying out this section for fiscal years and in amounts as follows: ``(1) For fiscal year 2001, $250,000,000. ``(2) For fiscal year 2002, $500,000,000. ``(3) For fiscal year 2003, $500,000,000. ``(4) For fiscal year 2004, $500,000,000. ``(5) For fiscal year 2005, $500,000,000. ``(6) For fiscal year 2006, $500,000,000.''. (2) Table of sections.--The table of sections at the beginning of chapter 2 of title 23, United States Code, is amended by inserting after the item relating to section 206 the following: ``207. Capital grants for rail line relocation projects.''. (b) Regulations.-- (1) Interim regulations.--Not later than December 31, 2001, the Secretary of Transportation shall issue temporary regulations to implement the grant program under section 207 of title 23, United States Code, as added by subsection (a). Subchapter II of chapter 5 of title 5, United States Code, shall not apply to the issuance of a temporary regulation under this paragraph or of any amendment of such a temporary regulation. (2) Final regulations.--Not later than October 1, 2002, the Secretary shall issue final regulations implementing the program.

Community Rail Line Relocation Assistance Act of 2001 - Amends Federal highway law to direct the Secretary of Transportation to carry out a grant program to provide financial assistance to States for up to 90 percent of the cost of local rail line relocation projects.

A bill to amend title 23, United States Code, to require the Secretary of Transportation to carry out a grant program for providing financial assistance for local rail line relocation projects, and for other purposes.

SECTION 1. ESTABLISHMENT OF NATIONAL MILITARY MUSEUM FOUNDATION. (a) In General.--(1) Part B of subtitle II of title 36, United States Code, is amended by inserting after chapter 1519 the following new chapter: ``CHAPTER 1520--NATIONAL MILITARY MUSEUM FOUNDATION ``Sec. ``151951. Establishment. ``151952. Purposes. ``151953. Membership. ``151954. Governing body. ``151955. Organizational matters. ``151956. Officers and employees. ``151957. Powers. ``151958. Duty to maintain tax-exempt status. ``151959. Additional annual reports. ``Sec. 151951. Establishment ``There is established a nonprofit corporation to be known as the National Military Museum Foundation (in this chapter referred to as the `Foundation'). The Foundation is not an agency or instrumentality of the United States. ``Sec. 151952. Purposes ``The Foundation shall have the following purposes: ``(1) To encourage and facilitate the preservation of military artifacts having historical or technological significance. ``(2) To promote innovative solutions to the problems associated with the preservation of such artifacts. ``(3) To facilitate research on and educational activities relating to military history. ``(4) To promote voluntary partnerships between the Federal Government and the private sector for the preservation of such artifacts and of military history. ``(5) To facilitate the display of such artifacts for the education and benefit of the public. ``(6) To develop publications and other interpretive materials pertinent to the historical collections of the Armed Forces of the United States that will supplement similar publications and materials available from public, private, and corporate sources. ``(7) To provide financial support for educational, interpretive, and conservation programs of the Armed Forces relating to such artifacts. ``(8) To broaden public understanding of the role of the military in United States history. ``(9) To recognize and honor the individuals who have served in the Armed Forces. ``Sec. 151953. Membership ``Eligibility for membership in the Foundation and the rights, privileges, and designation of classes of members of the Foundation shall be as provided in the constitution and bylaws of the Foundation. ``Sec. 151954. Governing body ``(a) Board of Directors.--(1) The Foundation shall have a Board of Directors (in this chapter referred to as the `Board') composed of nine individuals appointed by the Secretary of Defense from among individuals who are United States citizens. ``(2) Of the individuals appointed under paragraph (1)-- ``(A) at least one shall have an expertise in historic preservation; ``(B) at least one shall have an expertise in military history; ``(C) at least one shall have an expertise in the administration of museums; and ``(D) at least one shall have an expertise in military technology and materiel. ``(b) Chairperson.--(1) The Secretary shall designate one of the individuals first appointed to the Board under subsection (a) as the chairperson of the Board. The individual so designated shall serve as chairperson for a term of 2 years. ``(2) Upon the expiration of the term of chairperson of the individual designated as chairperson under paragraph (1), or of the term of a chairperson elected under this paragraph, the members of the Board shall elect a chairperson of the Board from among its members. ``(c) Term.--(1) Subject to paragraph (2), members appointed to the Board shall serve on the Board for a term of 4 years. ``(2) If a member of the Board misses three consecutive meetings of the Board, the Board may remove the member from the Board for that reason. ``(d) Vacancy.--Any vacancy in the Board shall not affect its powers but shall be filled, not later than 60 days after the vacancy, in the same manner in which the original appointment was made. ``(e) Quorum.--A majority of the members of the Board shall constitute a quorum. ``(f) Meetings.--The Board shall meet at the call of the chairperson of the Board. The Board shall meet at least once a year. ``Sec. 151955. Organizational matters ``The members of the Board first appointed under section 151954(a) of this title shall-- ``(1) adopt a constitution and bylaws for the Foundation; ``(2) serve as incorporators of the Foundation; and ``(3) take whatever other actions the Board determines appropriate in order to establish the Foundation as a nonprofit corporation. ``Sec. 151956. Officers and employees ``(a) Executive Director.--The Foundation shall have an executive director appointed by the Board and such other officers as the Board may appoint. The executive director and the other officers of the Foundation shall be compensated at rates fixed by the Board and shall serve at the pleasure of the Board. ``(b) Employees.--Subject to the approval of the Board, the Foundation may employ such individuals, and at such rates of compensation, as the executive director determines appropriate. ``(c) Volunteers.--Subject to the approval of the Board, the Foundation may accept the services of volunteers in the performance of the functions of the Foundation. ``(d) Service of Federal Employees.--A person who is a full-time or part-time employee of the Federal Government may not serve as a full- time or part-time employee of the Foundation and shall not be considered for any purpose an employee of the Foundation. ``Sec. 151957. Powers ``In order to carry out the purposes of this chapter, the Foundation may-- ``(1) accept, hold, administer, invest, and spend any gift, devise, or bequest of real or personal property made to the Foundation; ``(2) enter into contracts with individuals, public or private organizations, professional societies, and government agencies for the purpose of carrying out the functions of the Foundation; and ``(3) enter into such other contracts, leases, cooperative agreements, and other transactions as the executive director of the Foundation considers appropriate to carry out the activities of the Foundation. ``Sec. 151958. Duty to maintain tax-exempt status ``The Foundation shall maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.). ``Sec. 151959. Additional annual reports ``In addition to the annual report required by section 10101(b) of this title, the Foundation shall submit to the Secretary of Defense on an annual basis a report on the activities of the Foundation during the preceding fiscal year, including a full and complete statement of the receipts, expenditures, investment activities, and other financial activities of the Foundation during such fiscal year.''. (2) The table of chapters at the beginning of subtitle II of title 36, United States Code, is amended by inserting after the item relating to chapter 1519 the following new item: ``1520. National Military Museum Foundation................. 151951''. (b) Initial Support.--(1) There is authorized to be appropriated for the Department of Defense for fiscal year 2000, $250,000 for the purpose of making a grant to the National Military Museum Foundation established by chapter 1520 of title 36, United States Code (as added by subsection (a)), in order to assist the Foundation in defraying the costs of its activities. Such amount shall be available for such purpose until expended. (2) In each of fiscal years 2000 through 2002, the Secretary of Defense may provide, without reimbursement, personnel, facilities, and other administrative services of the Department to the Foundation.

Establishes as a nonprofit corporation the National Military Museum Foundation to: (1) preserve military artifacts having historical or technological significance; (2) facilitate research on military history; (3) promote partnerships between the Federal Government and the private sector for the preservation of such artifacts; (4) engage in related military history documentation and preservation activities; and (5) recognize and honor the individuals who have served in the armed forces. Authorizes appropriations.

A bill to establish the National Military Museum Foundation, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pipeline Safety Enhancement Act of 1995''. SEC. 2. IMPROVEMENTS IN PIPELINE SAFETY (a) Toughness Standards.--Section 60102 of title 49, United States Code, is amended by adding at the end the following new subsections: ``(l) Toughness Standards.-- ``(1) In general.--Not later than 180 days after the date of enactment of the Pipeline Safety Enhancement Act of 1995, The Secretary of Transportation, in consultation with appropriate officials of the Research and Special Programs Administration of the Department of Transportation (referred to in this section as the `Research and Special Programs Administration'), shall prescribe minimum standards for toughness (as defined and determined by the Secretary of Transportation, in consultation with the appropriate officials of the Research and Special Programs Administration) for new pipes installed in gas pipeline facilities and hazardous liquid pipeline facilities. ``(2) High-density population areas.--In establishing the minimum standards for toughness under paragraph (1), the Secretary of Transportation shall give particular attention to the installation of new pipes in high-density population areas (as such term is used in section 60109). ``(3) Pipe defined.--For purposes of this subsection, the term `pipe' means any pipe or tubing used in the transportation of gas, including pipe-type holders. ``(m) Markings.-- ``(1) In general.--Not later 180 days after the date of enactment of the Pipeline Safety Enhancement Act of 1995, the Secretary of Transportation, in consultation with appropriate officials of the Research and Special Programs Administration, shall prescribe minimum standards that require for the marking of pipelines in class 3 and class 4 locations (as such terms are used in subpart L of part 192 of title 49, Code of Federal Regulations, as in effect on the day before the date of enactment of the Pipeline Safety Enhancement Act of 1995) to identify hazardous liquid pipeline facilities and high-pressure pipelines. ``(2) High-pressure pipeline defined.--For purposes of this subsection, the term `high-pressure pipeline' means any gas pipeline in which the gas pressure is higher than that provided to the customer. ``(n) Testing.-- ``(1) In general.--Not later than one year after the date of enactment of the Pipeline Safety Enhancement Act of 1995, the Secretary of Transportation, in consultation with appropriate officials of the Research and Special Programs Administration, shall include in the minimum safety standards prescribed under subsection (a) a requirement that each operator of a gas pipeline facility or hazardous liquid pipeline facilities conduct, on a periodic basis, inspections or tests capable of identifying damage caused by corrosion and other time-dependent damage that may be detrimental to the continued safe operation of the pipeline and that may necessitate remedial action, in order to determine the adequacy of the pipeline facility to operate at established maximum allowable operating pressure. ``(2) Maximum allowable operating pressure defined.--For purposes of this subsection, the term `maximum allowable operating pressure' means the maximum pressure at which a pipeline or a segment of a pipeline may be operated under regulations issued under this chapter.''. (b) Assessment of Public Education Program Concerning Leak Detection.--Section 60116 of title 49, United States Code, is amended-- (1) by inserting ``(a) In General.--'' before ``Under regulations''; and (2) by adding at the end the following new subsection: ``(b) Assessment.-- ``(1) In general.--Not later than 180 days after the date of enactment the Pipeline Safety Enhancement Act of 1995, and every two years thereafter, the Secretary of Transportation, in consultation with appropriate officials of the Research and Special Programs Administration of the Department of Transportation, shall conduct an assessment of the programs conducted under this section to determine-- ``(A) with respect to the programs conducted under this section-- ``(i) the appropriateness of the information provided; and ``(ii) the effectiveness of the educational techniques used; and ``(B) in comparison to other similar educational programs, the relative effectiveness of educational techniques used in the programs conducted under this section. ``(2) Regulations.--Upon completion of an assessment conducted under paragraph (1), the Secretary, in consultation with the appropriate officials of the Research and Special Programs Administration, shall promulgate such regulations as the Secretary determines to be appropriate to improve the programs conducted under this section.''. (c) Study.--The Secretary of Transportation shall take such action as may be necessary to expedite the completion of the study conducted by the Research and Special Programs Administration of the Department of Transportation relating to methods to reduce public safety risks in the siting pipeline facilities. In addition, the scope of the study referred to in the previous sentence shall be modified to include the consideration of building standards. The Secretary of Transportation shall ensure that the results of the study are widely available to the governments of States and political subdivisions thereof.

Pipeline Safety Enhancement Act of 1995 - Amends Federal pipeline safety law to direct the Secretary of Transportation to prescribe minimum standards: (1) for toughness for new pipes installed in gas and hazardous liquid pipeline facilities (with particular attention to new pipes in high-density population areas); (2) that require the marking of pipelines in class three and four locations to identify hazardous liquid pipeline facilities and high-pressure pipelines; and (3) that require operators of gas or hazardous liquid pipeline facilities to conduct periodic inspections or tests for identifying damage caused by corrosion and other time-dependent damage that may be detrimental to the safe operation of the pipeline and necessitate remedial action, in order to determine the adequacy of such pipeline to operate at established maximum allowable operating pressure. Requires the Secretary to conduct biennial assessments of the aforementioned safety programs. Requires the Secretary to expedite the study by the Research and Special Programs Administration of the Department of Transportation concerning the methods to reduce public safety risks in the siting of pipeline facilities.

Pipeline Safety Enhancement Act of 1995

SECTION 1. NUCLEAR SECURITY ADMINISTRATION. (a) In General.--The Department of Energy Organization Act is amended by inserting after section 212 (42 U.S.C. 7143) the following new section: ``nuclear security administration ``Sec. 213. (a) There shall be within the Department an agency to be known as the Nuclear Security Administration, to be headed by an Administrator, who shall report directly to, and shall be accountable directly to, the Secretary. The Secretary may not delegate to any Department official the duty to supervise the Administrator. ``(b)(1) The Under Secretary for National Security shall serve as the Administrator. ``(2) The Administrator shall be responsible for the executive and administrative operation of the functions assigned to the Administration, including functions with respect to (A) the selection, appointment, and fixing of the compensation of such personnel as the Administrator considers necessary, (B) the supervision of personnel employed by or assigned to the Administration, (C) the distribution of business among personnel and among administrative units of the Administration, and (D) the procurement of services of experts and consultants in accordance with section 3109 of title 5, United States Code. The Secretary shall provide to the Administrator such support and facilities as the Administrator determines are needed to carry out the functions of the Administration. ``(c)(1) The personnel of the Administration, in carrying out any function assigned to the Administrator, shall be responsible to, and subject to the supervision and direction of, the Administrator and shall not be responsible to, or subject to the supervision or direction of, any officer, employee, or agent of any other part of the Department of Energy. ``(2) For purposes of this subsection, the term `personnel of the Administration' means each officer or employee within the Department of Energy, and each officer or employee of any contractor of the Department, whose-- ``(A) responsibilities include carrying out a function assigned to the Administrator; or ``(B) employment is funded under the Weapons Activities budget function of the Department. ``(d)(1) The Administrator shall (A) manage a program designed to ensure the safety and reliability of the nuclear weapons stockpile, (B) direct the nuclear weapons production facilities and the national laboratories, and (C) be primarily responsible for other national security functions of the Department of Energy involving nuclear weapons research and development. ``(2) The Secretary shall assign to the Administrator direct authority over, and responsibility for, the nuclear weapons production facilities and the national laboratories. The functions assigned to the Administrator with respect to the nuclear weapons production facilities and the national laboratories shall include authority over, and responsibility for, the following: ``(A) Strategic management. ``(B) Policy development and guidance. ``(C) Budget formulation and guidance. ``(D) Resource requirements determination and allocation. ``(E) Program management. ``(F) Safeguard and security operations. ``(G) Emergency management. ``(H) Integrated safety management. ``(I) Environment, safety, and health operations. ``(J) Administration of contracts to manage and operate the nuclear weapons production facilities and the national laboratories. ``(K) Oversight. ``(L) Relationships within the Department of Energy and with other Federal agencies, the Congress, State, tribal, and local governments, and the public. ``(M) Each of the functions described in subsection (f). ``(e) The head of each nuclear weapons production facility and of each national laboratory shall report directly to, and be accountable directly to, the Administrator. ``(f) The Administrator may delegate functions assigned under subsection (d)(2) only within the headquarters office of the Administrator, except that the Administrator may delegate to the head of a specified operations office functions including providing or supporting the following activities at a nuclear weapons production facility or a national laboratory: ``(1) Operational activities. ``(2) Program execution. ``(3) Personnel. ``(4) Contracting and procurement. ``(5) Facility operations oversight. ``(6) Integration of production and research and development activities. ``(7) Interaction with other Federal agencies, State, tribal, and local governments, and the public. ``(g) The head of a specified operations office, in carrying out any function delegated under subsection (f) to that head of that specified operations office, shall report directly to, and be accountable directly to, the Administrator. ``(h) In each annual authorization and appropriation request under this Act, the Secretary shall identify the portion thereof intended for the support of the Administration and include a statement by the Administrator showing (1) the amount requested by the Administrator in the budgetary presentation to the Secretary and the Office of Management and Budget, and (2) an assessment of the budgetary needs of the Administration. Whenever the Administrator submits to the Secretary, the President, or the Office of Management and Budget any legislative recommendation or testimony, or comments on legislation prepared for submission to the Congress, the Administrator shall concurrently transmit a copy thereof to the appropriate committees of the Congress. ``(i) This section may not be construed to limit or restrict the ability of a national laboratory to carry out research and development activities for an entity within the Department of Energy other than the Administration or for any other Federal or non-Federal entity. ``(j) As used in this section: ``(1) The term `nuclear weapons production facility' means any of the following facilities: ``(A) The Kansas City Plant, Kansas City, Missouri. ``(B) The Pantex Plant, Amarillo, Texas. ``(C) The Y-12 Plant, Oak Ridge, Tennessee. ``(D) The tritium operations facilities at the Savannah River Site, Aiken, South Carolina. ``(E) The Nevada Test Site, Nevada. ``(2) The term `national laboratory' means any of the following laboratories: ``(A) The Los Alamos National Laboratory, Los Alamos, New Mexico. ``(B) The Lawrence Livermore National Laboratory, Livermore, California. ``(C) The Sandia National Laboratories, Albuquerque, New Mexico, and Livermore, California. ``(3) The term `specified operations office' means any of the following operations offices of the Department of Energy: ``(A) Albuquerque Operations Office, Albuquerque, New Mexico. ``(B) Oak Ridge Operations Office, Oak Ridge, Tennessee. ``(C) Oakland Operations Office, Oakland, California. ``(D) Nevada Operations Office, Nevada Test Site, Las Vegas, Nevada. ``(E) Savannah River Operations Office, Savannah River Site, Aiken, South Carolina.''. (b) Under Secretary for National Security.--Section 202 of such Act (42 U.S.C. 7132) is amended by adding at the end the following new subsection: ``(c)(1) There shall be in the Department an Under Secretary for National Security, who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall perform such functions and duties as the Secretary shall prescribe. Notwithstanding section 203(a), the Secretary shall assign to the Under Secretary for National Security the functions described in section 203(a)(5). ``(2) The Under Secretary for National Security shall be a person who, by reason of professional background and experience, is specially qualified-- ``(A) to manage a program designed to ensure the safety and reliability of the nuclear weapons stockpile; ``(B) to manage the nuclear weapons production facilities and the national laboratories; and ``(C) to carry out the functions of the Administrator of the Nuclear Security Administration.''. (c) Transition Provision.--The Assistant Secretary assigned the functions under section 203(a)(5) of such Act on the date before the date of the enactment of this Act shall serve as the Under Secretary for National Security until an Under Secretary for National Security is appointed under section 202(c) of such Act. (d) Conforming Amendment.--Section 203(a) of such Act is amended by striking ``eight'' and inserting ``seven''. (e) Clerical Amendment.--The table of contents in the first section of such Act is amended by inserting after the item relating to section 212 the following new item: ``Sec. 213. Nuclear Security Administration.''.

Directs the Secretary to assign to the Administrator direct authority over and responsibility for the nuclear weapons production facilities and the national laboratories. Establishes in DOE an Under Secretary for National Security who is specially qualified to: (1) manage a program designed to ensure the safety and reliability of the nuclear weapons stockpile, production facilities, and the national laboratories; and (2) implement the functions of the Administrator of the Nuclear Security Administration.

To amend the Department of Energy Organization Act to establish a Nuclear Security Administration and an Office of Under Secretary for National Security in the Department of Energy.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Welfare Dependency Act of 1993''. SEC. 2. FINDINGS AND POLICY. (a) Findings.--The Congress finds: (1) In the period since 1960 the average annual caseload of the aid to families with dependent children program (hereafter referred to in this section as ``AFDC'') under title IV of the Social Security Act has quintupled. (2) In 1990 there were on average almost twice as many households receiving AFDC payments as the number of households and individuals receiving unemployment compensation benefits. (3) Nearly one-quarter of children born in the period 1967 through 1969 were on welfare (AFDC) before reaching age 18. For minority children this ratio approached three-quarters. (4) At any given time one-quarter of school children are from single parent families, or households with neither parent. The National Assessment of Educational Progress has documented the educational losses associated with single parent or no parent households. (5) Only one-quarter of father-absent families receive full child support and over one-half receive none. (6) The average AFDC benefit has declined by more than one- third since 1960. (7) The burden of welfare dependency is an issue of necessary concern to women, who in overwhelming proportion are the heads of single parent families. (8) The rate of welfare dependency may be rising. However, the statistical basis on which to assess this national issue is wholly inadequate, much as the statistical basis for addressing issues of unemployment was inadequate prior to the Employment Act of 1946, which required the creation of the annual economic report of the President and the development of unemployment rates. (b) Congressional Policy.--The Congress hereby declares that-- (1) it is the policy and responsibility of the Federal Government to reduce welfare dependency to the lowest possible level, and to assist families toward self-sufficiency, consistent with other essential national goals; (2) it is the policy of the United States to strengthen families, to ensure that children grow up in families that are economically self-sufficient and to underscore the responsibility of parents to support their children; (3) the Federal Government should help welfare recipients as well as individuals at risk of welfare dependency to improve their education and job skills, to obtain access to necessary support services, and to take such other steps as may assist them to meet their responsibilities to become financially independent; and (4) it is the purpose of this Act to aid in lowering welfare dependency by providing the public with generally accepted measures of welfare dependency so that the public can track dependency over time and determine whether progress is being made in reducing welfare dependency and enabling families to be self-sufficient. SEC. 3. MEASUREMENT AND REPORTING OF WELFARE DEPENDENCY. (a) In General.--Title IV of the Social Security Act (42 U.S.C. 601 et seq.) is amended by inserting after section 413 the following new section: ``measurement and reporting of welfare dependency ``Sec. 414. (a) Development of Welfare Dependency Indicators, Rates, and Predictors.-- ``(1) In general.--The Secretary, in consultation with the Secretary of Agriculture, shall develop indicators, rates, and predictors of welfare dependency. ``(2) Development.--The Secretary shall-- ``(A) develop-- ``(i) indicators and rates related to the level of welfare dependency in the United States; and ``(ii) predictors that are correlated with welfare dependency; ``(B) assess the data needed to report annually on the indicators, rates, and predictors, including the ability of existing data collection efforts to provide such data and any additional data collection needs; and ``(C) not later than 2 years after the date of the enactment of this section, provide an interim report containing conclusions resulting from the development and assessment described in subparagraphs (A) and (B), to-- ``(i) the Committee on Ways and Means of the House of Representatives; ``(ii) the Committee on Education and Labor of the House of Representatives; ``(iii) the Committee on Agriculture of the House of Representatives; ``(iv) the Committee on Energy and Commerce of the House of Representatives; ``(v) the Committee on Finance of the Senate; ``(vi) the Committee on Labor and Human Resources of the Senate; and ``(vii) the Committee on Agriculture, Nutrition, and Forestry of the Senate. ``(3) Considerations.--In developing the indicators, rates, and predictors, the Secretary shall consider the complexity of patterns of welfare dependency and self-sufficiency attainment, and the external factors, including the economy, that affect welfare dependency. ``(b) Advisory Board on Welfare Dependency.-- ``(1) Establishment.--There is established an Advisory Board on Welfare Dependency (hereafter referred to in this section as the ``Board''). ``(2) Composition.--The Board shall be composed of 12 members with equal numbers to be appointed by the House of Representatives, the Senate, and the President. The Board shall be composed of experts in the fields of welfare research and statistical methodology, representatives of State and local welfare agencies, and organizations concerned with welfare issues. ``(3) Vacancies.--Any vacancy occurring in the membership of the Board shall be filled in the same manner as the original appointment for the position being vacated. The vacancy shall not affect the power of the remaining members to execute the duties of the Board. ``(4) Duties.--Duties of the Board shall include-- ``(A) providing advice and recommendations to the Secretary on the development of indicators, rates, and predictors of welfare dependency, and the identification of data collection needs and existing data collection efforts, described in subsection (a)(2)(B); and ``(B) providing advice on the development and presentation of the annual report on welfare dependency indicators, rates, and predictors required under subsection (c). ``(5) Travel expenses.--Members of the Board shall not be compensated, but shall receive 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, for each day the member is engaged in the performance of duties away from the home or regular place of business of the member. ``(6) Detail of federal employees.--The Secretary shall detail, without reimbursement, any of the personnel of the Department of Health and Human Services to the Board to assist the Board in carrying out its duties. Any detail shall not interrupt or otherwise affect the civil service status or privileges of the Federal employee. ``(7) Voluntary service.--Notwithstanding section 1342 of title 31, United States Code, the Board may accept the voluntary services provided by a member of the Board. ``(8) Termination of board.--The Board shall be terminated at such time as the Secretary determines the duties described in paragraph (4) have been completed, but in any case prior to the submission of the first report required under subsection (c). ``(c) Annual Welfare Dependency Report.-- ``(1) Preparation.--The Secretary shall prepare an annual report on welfare dependency in the United States. The report shall attempt to identify indicators, rates, and predictors of welfare dependency and trends in dependency, and provide information and analysis on the causes of dependency. ``(2) Coverage.--The report shall include analysis of families and individuals receiving assistance under means- tested benefit programs, including the program of aid to families with dependent children under this part, the food stamp program under the Food Stamp Act of 1977, and the Supplemental Security Income program under title XVI, or as general assistance under programs administered by State and local governments. ``(3) Contents.--Each report shall set forth-- ``(A) for each of the means-tested benefit programs described in paragraph (2)-- ``(i) current trends in the number and rates of recipients and the characteristics, including age, sex, marital status, presence of children, labor force participation, and disability, of the recipients; and ``(ii) total expenditures; ``(B) the proportion of the total population receiving each of the programs and patterns of multiple program participation and recipiency duration; ``(C)(i) characteristics of each such program, including total expenditures broken down by Federal and State shares, gross income limit, need standards, and maximum potential benefit by State; and ``(ii) a description of the interactions among the programs; ``(D) in the case of the second, or a subsequent, report, changes in the information described in subparagraphs (A) through (C) from the previous year, and trends in program participation; ``(E) annual numerical goals for recipients, and expenditures, within each program and within significant subgroups within the population, for the calendar year in which the report is transmitted and for each of the following 4 calendar years, which goals shall, consistent with other essential national goals, reflect the objectives of-- ``(i) reducing welfare dependency to the lowest possible level; and ``(ii) increasing family self-sufficiency at or above the Federal poverty level to the greatest extent possible; ``(F)(i) the programs and policies as the Secretary, in consultation with the Board, determines are necessary to meet the goals for each of the 5 years; and ``(ii) such recommendations for legislation, which shall not include proposals to reduce eligibility levels or impose barriers to program access, as the Secretary may determine to be necessary or desirable to reduce welfare dependency; and ``(G) interim goals for reducing the proportion of children, and families with children, who are recipients of aid to families with dependent children to 10 percent of families with children, adjusted for economic conditions. ``(4) Submission.--The Secretary shall submit such a report not later than 3 years after the date of the enactment of this section, and annually thereafter, to the committees specified in subsection (a)(2)(C). The report shall be transmitted during the first 60 days of each regular session of Congress.''. (b) Effective Date.--The amendment made by subsection (a) shall be effective on the date of the enactment of this Act.

Welfare Dependency Act of 1993 - Amends title IV of the Social Security Act to require the Secretary of Health and Human Services to develop indicators, rates, and predictors or welfare dependency. Establishes an Advisory Board on Welfare Dependency to advise the Secretary on their development. Requires the Secretary to report annually to the Congress on welfare dependency in the United States.

Welfare Dependency Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening the Chafee Foster Care Independence Program Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) In 2002, 19,500 youth ``aged out'' of the foster care system. (2) In 1999, Congress passed historic legislation to promote the self-sufficiency of emancipated foster youth in the transition to adulthood via the John H. Chafee Foster Care Independence Program (Public Law 106-169). (3) Assistance provided through the John H. Chafee Foster Care Independence Program to children aging out of foster care is particularly necessary in light of recent studies documenting that familial assistance is key to the successful transition to adulthood. Research indicates that parents are a primary resource for young adults, providing social and employment connections, paying for college, and giving direct material support for food, housing, and education. For example, parents contribute $2,200 annually to youth between the ages of 18 and 34 inclusive. (4) Emancipated foster care youth are a particularly vulnerable population. Studies indicate that these youth experience a range of negative outcomes, including low employment earnings, poor educational achievement, homelessness, and high public assistance. Moreover, 30 percent to 40 percent of youth in foster care are affected by chronic medical problems. (5) After enactment of the John H. Chafee Foster Care Independence Program, the Government Accountability Office (GAO) found that 40 States reported great increases in independent living services, more than doubling service provision in many States. (6) Unfortunately, child welfare experts and the GAO have identified weaknesses in the implementation of the Chafee program, including the following: (A) Findings by the GAO that gaps exist in the availability of critical services in the areas of mental health, mentoring, and housing. For example, differing eligibility requirements for juvenile and adult mental health systems resulted in many former foster youth losing access to important therapy and treatment. (B) Findings by the GAO that eligible services within and across States vary greatly. Within States, discrepancies in service availability appear due in part to geographic location (such as in urban areas versus rural areas) and to differing levels of awareness among state and local agencies regarding potential resources. Approximately \1/3\ of responding States reported that they were servicing less than half of eligible foster youth. Similarly, although 31 States provide Medicaid coverage to at least some emancipated youth, the percentage of former foster care youth who are eligible varied among States, from 10 percent to 100 percent. (C) Findings by the GAO indicating that little information exists to assess the effectiveness of independent living services. For instance-- (i) the Child and Family Services Review used to evaluate States child welfare systems fails to measure services related to former foster care youth sufficiently; (ii) the Child and Family Services Plan (CFSP) significantly lacks usable program information related to independent living services; and (iii) the Department of Health and Human Services has failed to implement the National Youth in Transition Database to monitor States performance related to youth aging out of the foster care system, as required by the Foster Care Independence Act of 1999. (D) Empirical research indicating that children in kinship care receive fewer important independent living services compared to children in foster care who are not living with relatives, particularly in the areas of employment, housing, financial management, and health/ behavioral health. This finding is particularly of concern given that children of color are over- represented in kinship care situations. SEC. 3. IMPROVING AWARENESS OF AVAILABLE SERVICES. (a) Duties of the Secretary.--Section 477 of the Social Security Act (42 U.S.C. 677) is amended by adding at the end the following: ``(j) Distribution of Information About Other Related Programs.--To improve access to the array of services available to youth transitioning out of foster care and assist States in leveraging available resources, the Secretary shall provide for the efficient distribution (through such outlets as the National Resource Center for Youth Development) to States and local areas of information about Federal programs, other than the program established by this section, that may assist youth in their transition to self-sufficiency and provide guidance on how to access services under the programs.''. (b) Duties of the State.--Section 477(b)(3) of such Act (42 U.S.C. 677(b)(3)) is amended-- (1) by redesignating subparagraphs (H) through (J) as subparagraphs (I) through (K), respectively; and (2) by inserting after subparagraph (F) the following: ``(G) A certification by the chief executive officer that, when or before a child leaves foster care under the responsibility of the State, the State will inform the child of the full range of available financial, housing, counseling, employment, and education services, and other appropriate support and services for which the child is eligible.''. SEC. 4. DEVELOPING COMMON STANDARDS FOR FOSTER CARE. Section 477 of the Social Security Act (42 U.S.C. 677), as amended by section 3(a) of this Act, is amended by adding at the end the following: ``(k) Developing Common Standards for Foster Care.--To improve the ability of the Department of Health and Human Services to monitor the implementation by States of the John H. Chafee Foster Care Independence Program, the Secretary of Health and Human Services shall develop a standard reporting format for State Child and Family Service plans and progress reports and implement a uniform process regional offices can use to assess States progress in meeting the needs of youth in foster care and those recently emancipated from foster care. The format shall be developed to promote appropriate delivery of independent living services, by requiring the reporting of information on the following: ``(1) Availability of services within various geographic areas in States and foster care placement settings (such as kinship care, group home, and non-kin foster care) to ensure equitable service provision. ``(2) Clear delineation of various support services for youth formerly in foster care, including but not limited to: health care, mental health care, housing, employment, assistance in obtaining a high school diploma, career exploration, vocational training, job placement and retention, access and transition to higher education programs, training in daily living skills, training in budgeting and financial management skills, substance abuse prevention, and preventive health activities. ``(3) Transition services offered to youth in foster care and to young adults who have left foster care but have not attained 21 years of age, broken down by type of service and the age at which the services are offered. ``(4) Methods used by the State to ensure that youth are informed of all support and services for which they are eligible.''. SEC. 5. MODIFICATION OF CASE PLAN REQUIREMENTS. Section 475(1)(D) of the Social Security Act (42 U.S.C. 675(1)(D)) is amended to read as follows: ``(D) Where appropriate, for a child who has attained 14 years of age (and, at State option, any other child), a written description of the programs and services that will facilitate the transition of the child from foster care to independent living, including a discussion of the appropriateness of the services that have been provided to the child under the plan. The plan for these youth shall also include documentation of the steps the agency is taking to find a permanent placement with a family or other adult connection for the youth.''. SEC. 6. EXPANSION OF PROGRAM EVALUATIONS. Section 477(g)(1) of the Social Security Act (42 U.S.C. 677(g)(1)) is amended-- (1) in the 1st sentence, by inserting ``, and of model programs that focus on improving outcomes for youth aging out of care in the areas of youth education, employment, personal development, and housing'' after ``significance''; (2) in the 2nd sentence, by inserting ``mental and physical health,'' after ``employment,''; and (3) in the 3rd sentence, by inserting ``, where practicable,'' before ``random assignment''. SEC. 7. EXPANSION OF ELIGIBILITY. Section 477 of the Social Security Act (42 U.S.C. 677) is amended-- (1) in subsection (a)(1), by striking ``18'' and inserting ``14''; and (2) in subsection (i)(2), by striking ``youths adopted from foster care after attaining age 16'' and inserting ``youths in or exiting from foster care after attaining 14 years of age''. SEC. 8. COMPLETION OF THE NATIONAL YOUTH IN TRANSITION DATABASE. The Secretary of Health and Human Services shall-- (1) within 6 months after the date of the enactment of this Act, issue a notice of proposed rulemaking governing implementation of the plan referred to in section 477(f)(1)(C) of the Social Security Act; (2) within 9 months after such date of enactment, issue a final rule governing the implementation; (3) within 1 year after such date of enactment, implement the plan.

Strengthening the Chafee Foster Care Independence Program Act - Amends the Social Security Act to revise requirements for the John H. Chafee Foster Care Independence Program (Program). Directs the Secretary of Health and Human Services to distribute to states and localities information on access to federal programs (other than the Program) to help foster youth in transition to self-sufficiency. Requires states to certify that, before or when a child leaves foster care, they will inform the child of the full range of available financial, housing, counseling, employment, and education services, and other appropriate support and services for which the child is eligible. Directs the Secretary to develop a standard reporting format for states implementing the Program and a uniform process regional offices can use in assessing state progress in meeting needs of youth in foster care and those recently emancipated from such care. Requires case plans, where appropriate, to describe programs and services that will help the child's transition from foster care to independent living. Revises program evaluation requirements. Makes eligible for educational and training vouchers youths in or exiting from foster care after attaining 14 years of age. Directs the Secretary, after issuing a related notice and rule, to implement the plan for the national youth in transition database.

To help children make the transition from foster care to self-sufficiency by addressing weaknesses in the implementation of the John H. Chafee Foster Care Independence Program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prescription Drug Competition Act of 2001''. SEC. 2. FINDINGS. Congress finds that-- (1) prescription drug costs are increasing at an alarming rate and are a major concern of senior citizens and American families; (2) there is a potential for drug companies owning patents on brand-name drugs to enter to private financial deals with generic drug companies in a manner that could tend to restrain trade and greatly reduce competition and increase prescription drug costs for American citizens; and (3) enhancing competition between generic drug manufacturers and brand name manufacturers can significantly reduce prescription drug costs to American families. SEC. 3. PURPOSE. The purposes of this Act are-- (1) to provide timely notice to the Food and Drug Administration and the Federal Trade Commission regarding agreements between companies owning patents on branded drugs and companies who could manufacture generic or bioequivalent versions of such branded drugs; and (2) by providing timely notice, to-- (A) ensure the prompt availability of safe and effective generic drugs; (B) enhance the effectiveness and efficiency of the enforcement of the antitrust laws of the United States; and (C) deter pharmaceutical companies from engaging in anticompetitive actions or actions that tend to unfairly restrain trade. SEC. 4. DEFINITIONS. In this Act: (1) Agreement.--The term ``agreement'' means an agreement under section 1 of the Sherman Act (15 U.S.C. 1) or section 5 of the Federal Trade Commission Act (15 U.S.C. 45). (2) Antitrust laws.--The term ``antitrust laws'' has the same meaning as in section 1 of the Clayton Act (15 U.S.C. 12), except that such term includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent that such section applies to unfair methods of competition. (3) ANDA.--The term ``ANDA'' means an Abbreviated New Drug Application, as defined under section 505(j) of the Federal Food, Drug and Cosmetic Act. (4) Brand name drug company.--The term ``brand name drug company'' means a person engaged in the manufacture or marketing of a drug approved under section 505(b) of the Federal Food, Drug and Cosmetic Act. (5) Commission.--The term ``Commission'' means the Federal Trade Commission. (6) FDA.--The term ``FDA'' means the United States Food and Drug Administration. (7) Generic drug.--The term ``generic drug'' means a product that is the subject of an ANDA. (8) Generic drug applicant.--The term ``generic drug applicant'' means a person who has filed or received approval for an ANDA under section 505(j) of the Federal Food, Drug and Cosmetic Act. (9) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 5. NOTIFICATION OF AGREEMENTS AFFECTING THE SALE OR MARKETING OF GENERIC DRUGS. A brand name drug company and a generic drug applicant that enter into an agreement regarding the sale or manufacture of a generic drug that the Secretary has determined is the therapeutic equivalent of a brand name drug that is manufactured or marketed by that brand name drug company, or for which the generic drug applicant seeks such a determination of therapeutic equivalence, and which agreement could have the effect of limiting the research, development, manufacture, marketing, or selling of a generic drug that has been or could be approved for sale by the FDA pursuant to an ANDA, shall file with the Commission and the Secretary the text of the agreement, an explanation of the purpose and scope of the agreement, and an explanation of whether the agreement could delay, restrain, limit, or in any way interfere with the production, manufacture, or sale of the generic version of the drug in question. SEC. 6. FILING DEADLINES. Any notice, agreement, or other material required to be filed under section 5 shall be filed with the Commission and the Secretary not later than 10 business days after the date the agreement is executed. SEC. 7. ENFORCEMENT. (a) Civil Fine.--Any person, or any officer, director, or partner thereof, who fails to comply with any provision of this Act shall be liable for a civil penalty of not more than $20,000 for each day during which such person is in violation of this Act. Such penalty may be recovered in a civil action brought by the United States, or brought by the Commission in accordance with the procedures established in section 16(a)(1) of the Federal Trade Commission Act (15 U.S.C. 56(a)). (b) Compliance and Equitable Relief.--If any person, or any officer, director, partner, agent, or employee thereof, fails to comply with the notification requirement under section 5 of this Act, the United States district court may order compliance, and may grant such other equitable relief as the court in its discretion determines necessary or appropriate, upon application of the Commission or the Assistant Attorney General. SEC. 8. RULEMAKING. The Commission, in consultation with the Secretary, and with the concurrence of the Assistant Attorney General and by rule in accordance with section 553 of title 5, United States Code, consistent with the purposes of this Act-- (1) may require that the notice described in section 5 of this Act be in such form and contain such documentary material and information relevant to the agreement as is necessary and appropriate to enable the Commission and the Assistant Attorney General to determine whether such agreement may violate the antitrust laws; (2) may define the terms used in this Act; (3) may exempt classes of persons or agreements from the requirements of this Act; and (4) may prescribe such other rules as may be necessary and appropriate to carry out the purposes of this Act. SEC. 9. EFFECTIVE DATES. This Act shall take effect 90 days after the date of enactment of this Act.

Prescription Drug Competition Act of 2001 - Requires brand name drug companies and generic drug applicants to file with the Federal Trade Commission and the Secretary of Health and Human Services specified information regarding any agreement regarding the sale or manufacture of a generic drug which the Secretary has determined is the therapeutic equivalent of the brand name drug or for which the applicant seeks a determination of therapeutic equivalence, if such agreement could have the effect of limiting the research, development, manufacture, marketing, or selling of a generic drug product.

To ensure the timely availability of generic drugs through enhancement of drug approval and antitrust laws enforced by the Food and Drug Administration and the Federal Trade Commission regarding brand name drugs and generic drugs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Health Equity Act of 2003''. SEC. 2. AUTHORITY FOR QUALIFYING STATES TO USE SCHIP FUNDS FOR MEDICAID EXPENDITURES. Section 2105 of the Social Security Act (42 U.S.C. 1397ee) is amended by adding at the end the following: ``(g) Authority for Qualifying States To Use Certain Funds for Medicaid Expenditures.-- ``(1) State option.-- ``(A) In general.--Notwithstanding any other provision of law, with respect to fiscal years in which allotments for a fiscal year under section 2104 (beginning with fiscal year 1998) are available under subsections (e) and (g) of that section, a qualifying State (as defined in paragraph (2)) may elect to use such allotments (instead of for expenditures under this title) for payments for such fiscal year under title XIX in accordance with subparagraph (B). ``(B) Payments to states.-- ``(i) In general.--In the case of a qualifying State that has elected the option described in subparagraph (A), subject to the total amount of funds described with respect to the State in subparagraph (A), the Secretary shall pay the State an amount each quarter equal to the additional amount that would have been paid to the State under title XIX for expenditures of the State for the fiscal year described in clause (ii) if the enhanced FMAP (as determined under subsection (b)) had been substituted for the Federal medical assistance percentage (as defined in section 1905(b)) of such expenditures. ``(ii) Expenditures described.--For purposes of clause (i), the expenditures described in this clause are expenditures for such fiscal years for providing medical assistance under title XIX to individuals who have not attained age 19 and whose family income exceeds 133 percent of the poverty line. ``(iii) No impact on determination of budget neutrality for waivers.--In the case of a qualifying State that uses amounts paid under this subsection for expenditures described in clause (ii) that are incurred under a waiver approved for the State, any budget neutrality determinations with respect to such waiver shall be determined without regard to such amounts paid. ``(2) Qualifying state.--In this subsection, the term `qualifying State' means a State that-- ``(A) as of April 15, 1997, has an income eligibility standard with respect to any 1 or more categories of children (other than infants) who are eligible for medical assistance under section 1902(a)(10)(A) or under a waiver under section 1115 implemented on January 1, 1994, that is up to 185 percent of the poverty line or above; and ``(B) satisfies the requirements described in paragraph (3). ``(3) Requirements.--The requirements described in this paragraph are the following: ``(A) SCHIP income eligibility.--The State has a State child health plan that (whether implemented under title XIX or this title)-- ``(i) as of January 1, 2001, has an income eligibility standard that is at least 200 percent of the poverty line or has an income eligibility standard that exceeds 200 percent of the poverty line under a waiver under section 1115 that is based on a child's lack of health insurance; ``(ii) subject to subparagraph (B), does not limit the acceptance of applications for children; and ``(iii) provides benefits to all children in the State who apply for and meet eligibility standards on a statewide basis. ``(B) No waiting list imposed.--With respect to children whose family income is at or below 200 percent of the poverty line, the State does not impose any numerical limitation, waiting list, or similar limitation on the eligibility of such children for child health assistance under such State plan. ``(C) Additional requirements.--The State has implemented at least 3 of the following policies and procedures (relating to coverage of children under title XIX and this title): ``(i) Uniform, simplified application form.--With respect to children who are eligible for medical assistance under section 1902(a)(10)(A), the State uses the same uniform, simplified application form (including, if applicable, permitting application other than in person) for purposes of establishing eligibility for benefits under title XIX and this title. ``(ii) Elimination of asset test.--The State does not apply any asset test for eligibility under section 1902(l) or this title with respect to children. ``(iii) Adoption of 12-month continuous enrollment.--The State provides that eligibility shall not be regularly redetermined more often than once every year under this title or for children described in section 1902(a)(10)(A). ``(iv) Same verification and redetermination policies; automatic reassessment of eligibility.--With respect to children who are eligible for medical assistance under section 1902(a)(10)(A), the State provides for initial eligibility determinations and redeterminations of eligibility using the same verification policies (including with respect to face-to- face interviews), forms, and frequency as the State uses for such purposes under this title, and, as part of such redeterminations, provides for the automatic reassessment of the eligibility of such children for assistance under title XIX and this title. ``(v) Outstationing enrollment staff.--The State provides for the receipt and initial processing of applications for benefits under this title and for children under title XIX at facilities defined as disproportionate share hospitals under section 1923(a)(1)(A) and Federally-qualified health centers described in section 1905(l)(2)(B) consistent with section 1902(a)(55).''.

Children's Health Equity Act of 2003 - Amends title XXI (State Children's Health Insurance Program) (SCHIP) of the Social Security Act (SSA) to grant authority for qualifying States to use SCHIP funds for Medicaid (SSA title XIX) expenditures.

A bill to amend title XXI of the Social Security Act to allow qualifying States to use allotments under the State children's health insurance program for expenditures under the medicaid program.

TITLE I--UNEMPLOYMENT COMPENSATION SEC. 101. SHORT TITLE. This title may be cited as the ``Unemployment Compensation Extension Act of 2008''. SEC. 102. ADDITIONAL FIRST-TIER BENEFITS. Section 4002(b)(1) of the Supplemental Appropriations Act, 2008 (26 U.S.C. 3304 note) is amended-- (1) in subparagraph (A), by striking ``50'' and inserting ``80''; and (2) in subparagraph (B), by striking ``13'' and inserting ``20''. SEC. 103. SECOND-TIER BENEFITS. Section 4002 of the Supplemental Appropriations Act, 2008 (26 U.S.C. 3304 note) is amended by adding at the end the following: ``(c) Special Rule.-- ``(1) In general.--If, at the time that the amount established in an individual's account under subsection (b)(1) is exhausted or at any time thereafter, such individual's State is in an extended benefit period (as determined under paragraph (2)), such account shall be augmented by an amount equal to the lesser of-- ``(A) 50 percent of the total amount of regular compensation (including dependents' allowances) payable to the individual during the individual's benefit year under the State law, or ``(B) 13 times the individual's average weekly benefit amount (as determined under subsection (b)(2)) for the benefit year. ``(2) Extended benefit period.--For purposes of paragraph (1), a State shall be considered to be in an extended benefit period, as of any given time, if-- ``(A) such a period is then in effect for such State under the Federal-State Extended Unemployment Compensation Act of 1970; ``(B) such a period would then be in effect for such State under such Act if section 203(d) of such Act-- ``(i) were applied by substituting `4' for `5' each place it appears; and ``(ii) did not include the requirement under paragraph (1)(A) thereof; or ``(C) such a period would then be in effect for such State under such Act if-- ``(i) section 203(f) of such Act were applied to such State (regardless of whether the State by law had provided for such application); and ``(ii) such section 203(f)-- ``(I) were applied by substituting `6.0' for `6.5' in paragraph (1)(A)(i) thereof; and ``(II) did not include the requirement under paragraph (1)(A)(ii) thereof. ``(3) Limitation.--The account of an individual may be augmented not more than once under this subsection.''. SEC. 104. PHASEOUT PROVISIONS. Section 4007(b) of the Supplemental Appropriations Act, 2008 (26 U.S.C. 3304 note) is amended-- (1) in paragraph (1), by striking ``paragraph (2),'' and inserting ``paragraphs (2) and (3),''; and (2) by striking paragraph (2) and inserting the following: ``(2) No augmentation after march 31, 2009.--If the amount established in an individual's account under subsection (b)(1) is exhausted after March 31, 2009, then section 4002(c) shall not apply and such account shall not be augmented under such section, regardless of whether such individual's State is in an extended benefit period (as determined under paragraph (2) of such section). ``(3) Termination.--No compensation under this title shall be payable for any week beginning after August 27, 2009.''. SEC. 105. TEMPORARY FEDERAL MATCHING FOR THE FIRST WEEK OF EXTENDED BENEFITS FOR STATES WITH NO WAITING WEEK. With respect to weeks of unemployment beginning after the date of the enactment of this Act and ending on or before December 8, 2009, subparagraph (B) of section 204(a)(2) of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note) shall not apply. SEC. 106. EFFECTIVE DATE. (a) In General.--The amendments made by sections 102, 103, and 104 shall apply as if included in the enactment of the Supplemental Appropriations Act, 2008, subject to subsection (b). (b) Additional Benefits.--In applying the amendments made by sections 102 and 103, any additional emergency unemployment compensation made payable by such amendments (which would not otherwise have been payable if such amendments had not been enacted) shall be payable only with respect to any week of unemployment beginning on or after the date of the enactment of this Act. TITLE II--AUTOMOBILE INDUSTRY EMERGENCY ASSISTANCE SEC. 201. DIRECT BRIDGE LOANS TO MANUFACTURERS AND SUPPLIERS. (a) In General.--The Emergency Economic Stabilization Act of 2008 (division A of Public Law 110-343) is amended by adding at the end the following: ``TITLE IV--DIRECT BRIDGE LOAN PROVISIONS ``SEC. 401. FINDINGS. ``Congress finds that extraordinary and exigent circumstances have prevented the automobile industry from securing essential credit and liquidity from other sources and that the failure of the automobile industry to obtain such credit and liquidity will have a systemic adverse effect on the economy. ``SEC. 402. PURPOSES. ``The purposes of this title are-- ``(1) to clarify that authority and facilities are available to be used immediately by the Secretary to restore liquidity and stability to the automobile industry in the United States; ``(2) to ensure that such authority and such facilities are used in a manner that-- ``(A) stimulates manufacturing and sales of automobiles produced by automobile manufacturers in the United States; ``(B) enhances the ability and the capacity of the domestic automobile industry to pursue the timely and aggressive production of energy-efficient advanced technology vehicles; ``(C) preserves and promotes the jobs of 355,000 workers in the United States directly employed by the automobile industry and an additional 4,500,000 workers in the United States employed in related industries; and ``(D) safeguards the ability of the domestic automobile industry to provide retirement and health care benefits for 1,000,000 retirees and their spouses and dependents; and ``(3) to reaffirm the purposes of section 2, which include providing the Secretary with broad authority to restore liquidity and stability to financial institutions, including automobile finance companies. ``SEC. 403. EMERGENCY DIRECT LOAN PROGRAM. ``(a) In General.--The Secretary shall make loans in an aggregate amount equal to $25,000,000,000, to automobile manufacturers and component suppliers that have-- ``(1) submitted an application for a loan under this title that includes a statement of need for Government funding under this title to prevent a systemic adverse effect on the United States economy; ``(2) operated a manufacturing facility for the purposes of producing automobiles or automobile components in the United States throughout the 20-year period ending on the date of enactment of this title; and ``(3) operations in the United States the failure of which would have a systemic adverse effect on the overall United States economy, as determined by the Secretary. ``(b) Allocation.--In allocating loan amounts under this title, the Secretary shall prioritize the distribution of loans under this section based on the magnitude of the impact of the manufacturing operations of the applicant in the United States on the overall economy of the United States and other segments of the automobile industry, including the impact on levels of employment, domestic manufacturing of automobiles and automobile components, and automobile dealerships. ``(c) Plan for Long-Term Financial Viability.--At the time of application for a loan under this title, an automobile manufacturer or component supplier shall submit to the Secretary a detailed plan on how the Government funds requested will be utilized to ensure the long-term financial posture of the company, and how such funds will stimulate automobile production in the United States and improve the capacity of the company to pursue the timely and aggressive production of energy- efficient advanced technology vehicles. ``SEC. 404. FUNDING FROM THIRD TRANCHE; TREATMENT OF LOAN AMOUNTS. ``The costs incurred by the Federal Government in making loans under this title, including credit subsidy costs and administrative expenses, shall be covered out of the funds made available to the Secretary generally under section 118 and, specifically, not from funds which are described in paragraph (1) or (2) of section 115(a), but with respect to the availability of which the reporting and procedural requirements contained in paragraph (3) of such section and section 115(c) shall not apply. ``SEC. 405. TIMING OF DISBURSEMENTS. ``(a) Applications.--On and after the date that is 3 days after the date of enactment of this title, the Secretary shall accept applications for loans under this title. ``(b) Determination of Eligibility.--Not later than 15 days after the date on which the Secretary receives an application for a loan under subsection (a), the Secretary shall make a determination regarding the eligibility of the applicant, based on whether the applicant meets the requirements of section 403(a). ``(c) Disbursement.--The Secretary shall begin disbursement of the proceeds of a loan under this title to an eligible applicant not later than 7 days after the date on which the Secretary receives a disbursal request from the applicant, upon a determination of the Secretary that the applicant is eligible under subsection (b). ``SEC. 406. TERMS AND CONDITIONS. ``(a) Term to Maturity.--The term to maturity of any loan made under this title shall be 10 years, or such longer period as the Secretary may determine with respect to such loan. ``(b) Rate of Interest.--The annual rate of interest for a loan under this title shall be-- ``(1) 5 percent during the 5-year period beginning on the date on which the Secretary disburses the loan; and ``(2) 9 percent after the end of the period described in paragraph (1). ``(c) Warrants and Debt Instruments.--The Secretary may not make a loan under this title unless the Secretary receives from the automobile manufacturer or component supplier a warrant or senior debt instrument made in accordance with the requirements for a warrant or senior debt instrument by a financial institution under section 113(d). ``(d) No Prepayment Penalty.--A loan made under this title shall be prepayable without penalty at any time. ``(e) Executive Compensation.-- ``(1) Standards required.--The Secretary shall require any recipient of a loan under this title to meet appropriate standards for executive compensation and corporate governance. ``(2) Specific requirements.--The standards established under paragraph (1) shall include the following: ``(A) Limits on compensation that exclude incentives for senior executive officers of a recipient of a loan under this title to take unnecessary and excessive risks that threaten the value of such recipient during the period that the loan is outstanding. ``(B) A provision for the recovery by such recipient of any bonus or incentive compensation paid to a senior executive officer based on statements of earnings, gains, or other criteria that are later found to be materially inaccurate. ``(C) A prohibition on such recipient making any golden parachute payment to a senior executive officer during the period that the loan under this title is outstanding. ``(D) A prohibition on such recipient paying or accruing any bonus or incentive compensation during the period that the loan is outstanding to any executive whose annual base compensation exceeds $250,000 (which amount shall be adjusted by the Secretary for inflation). ``(E) A prohibition on any compensation plan that could encourage manipulation of the reported earnings of the recipient to enhance the compensation of any of its employees. ``(3) Definitions.--For purposes of this subsection, the following definitions shall apply: ``(A) Senior executive officer.--The term `senior executive officer' means an individual who is 1 of the top 5 most highly paid executives of a public company, whose compensation is required to be disclosed pursuant to the Securities Exchange Act of 1934, and any regulations issued thereunder, and non-public company counterparts. ``(B) Golden parachute payment.--The term `golden parachute payment' means any payment to a senior executive officer for departure from a company for any reason. ``(f) Prohibition on Payment of Dividends.--No common stock dividends may be paid by any recipient of a loan under this title for the duration of the loan. ``SEC. 407. OVERSIGHT. ``(a) In General.--The provisions of sections 105, 116, 121, and 125 shall apply with respect to any loans made under this title, to the extent possible, in the same manner and to the same extent as such sections apply to transactions made under the authority of title I.''. (b) Technical and Conforming Amendments.-- (1) Table of contents.--The table of contents in section 1(b) of the Emergency Economic Stabilization Act of 2008 (division A of Public Law 110-343) is amended-- (A) by inserting after the item relating to section 3 the following new item: ``Sec. 4. References.'' ; and (B) by adding at the end the following: ``TITLE IV--DIRECT BRIDGE LOAN PROVISIONS ``Sec. 401. Findings. ``Sec. 402. Purposes. ``Sec. 403. Emergency direct loan program. ``Sec. 404. Funding from third tranche; treatment of loan amounts. ``Sec. 405. Timing of disbursements. ``Sec. 406. Terms and conditions. ``Sec. 407. Oversight.'' ; and (2) References.--The Emergency Economic Stabilization Act of 2008 (division A of Public Law 110-343) is amended by inserting after section 3 the following new section: ``SEC. 4. REFERENCES. ``Any reference-- ``(1) in this division to `this Act' or any subdivision thereof is a reference to this division A or any subdivision thereof; ``(2) in division (B) to `this Act' or any subdivision thereof is a reference to division B or any subdivision thereof; and ``(3) in division (C) to `this Act' or any subdivision thereof is a reference to division C or any subdivision thereof.''. TITLE III--EMERGENCY TREATMENT SEC. 301. EMERGENCY TREATMENT. All provisions of this Act and the amendments made by this Act are designated as an emergency requirement and necessary to meet emergency needs pursuant to section 204(a) of S. Con. Res 21 (110th Congress), the concurrent resolution on the budget for fiscal year 2008.

Unemployment Compensation Extension Act of 2008 - Amends the Supplemental Appropriations Act, 2008 to revise the formula for Tier-1 amounts a state credits to an applicant's emergency unemployment compensation account (EUCA) for a benefit year. Increases the figures in the formula (the lesser of which shall be the amount credited) from: (1) 50% to 80% of the total amount of regular compensation (including dependents' allowances) payable to the individual during the benefit year; and (2) 13 to 20 times the individual's average weekly benefit amount for the benefit year. Provides an additional Tier-2 period for deposits to an individual's EUCA, using the current formula, if, at the time that the amount established under this Act is exhausted, or at any time thereafter, the individual's state is in an extended benefit period. Prescribes a formula for determining if a state is in an extended benefit period. Allows the Tier-2 period augmentation to be applied to the individual's EUCA only once. Prohibits a Tier-2 augmentation under this Act to an individual's account after March 31, 2009, if the account is exhausted after such date. Extends the period of emergency unemployment compensation. Exempts weeks of unemployment between enactment of this Act and December 8, 2009, from the prohibition in the Federal-State Extended Unemployment Compensation Act of 1970 against federal matching payments to a state for the first week in an individual's eligibility period for which extended compensation or sharable regular compensation is paid if the state law of such state provides for payment (at any time or under any circumstances) of regular compensation to an individual for his first week of otherwise compensable unemployment. (Thus allows temporary federal matching for the first week of extended benefits for states with no waiting period.) Amends the Emergency Economic Stabilization Act of 2008 (EESA) to direct the Secretary of the Treasury to make emergency direct loans of up to $25 billion in the aggregate to automobile manufacturers and component suppliers. Requires the Secretary, in allocating loan amounts, to prioritize the distribution of loans based on the magnitude of the impact of the manufacturing operations of the loan applicant in the United States on the overall U.S. economy and other segments of the automobile industry, including the impact on levels of employment, domestic manufacturing of automobiles and automobile components, and automobile dealerships. Requires any applicant automobile manufacturer or component supplier to submit to the Secretary a detailed plan on how the government funds requested will: (1) be utilized to ensure the long-term financial posture of the company; and (2) stimulate U.S. automobile production and improve the company's capacity to pursue the timely and aggressive production of energy-efficient advanced technology vehicles. Declares that the costs incurred by the federal government in making such loans, including credit subsidy costs and administrative expenses, shall be covered out of proceeds from the sale of government bonds and the third tranche of the $700 billion made available under EESA. Specifies timing of loan disbursements, and terms and conditions. Directs the Secretary to require any loan recipient to meet specified standards for executive compensation and corporate governance. Applies certain EESA oversight requirements to any loans made under this Act. Designates all provisions of this Act and the amendments it makes as emergency requirements necessary to meet certain emergency needs in accordance with the FY2008 congressional budget resolution.

A bill to provide for additional emergency unemployment compensation, to amend the Emergency Economic Stabilization Act of 2008 to authorize loans to automobile manufacturers and component suppliers, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``First Response Broadcasters Act of 2007''. SEC. 2. FINDINGS. Congress finds that-- (1) in the periods before, during, and after major disasters that occurred not long before the date of enactment of this Act (including Hurricane Katrina, Hurricane Rita, and the terrorist attacks of September 11, 2001), local media organizations (including newspapers, public and private broadcasters, and online publications) provided a valuable public service by transmitting and publishing disaster-related information, guidance, and assistance; (2) local broadcasters, public and private, provided a particularly valuable public service by transmitting evacuation instructions, warnings of impending threats, timely response status updates, and other essential information related to such major disasters to listeners and viewers to whom other forms of media were often unavailable or inaccessible; (3) an inability to access a disaster area may impede the ability of local media organizations to provide such public services; (4) according to the report by the Committee on Homeland Security and Governmental Affairs of the Senate, titled ``Hurricane Katrina: A Nation Still Unprepared'', dated May 2006, ``It is essential that the news media receive accurate disaster information to circulate to the public. News media can also help inform the public by reporting on rumors and soliciting evidence and comment on their plausibility, if any''; (5) according to testimony provided on September 22, 2005, to the Committee on Commerce, Science, and Transportation of the Senate, an estimated 100 Gulf Coast broadcast stations were unable to broadcast as a result of Hurricane Katrina, with approximately 28 percent of television stations and approximately 35 percent of radio stations unable to broadcast in the area affected by Hurricane Katrina; (6) according to testimony provided on September 7, 2005, to the Committee on Energy and Commerce of the House of Representatives, following Hurricane Katrina only 4 of the 41 radio broadcast stations in the New Orleans metropolitan area remained on the air in the immediate aftermath of that hurricane; (7) the only television station in New Orleans to continue transmitting its over-the-air signal uninterrupted during and after Hurricane Katrina was able to do so only as a direct result of steps taken to better protect its transmitter and provide redundant production facilities in the region; (8) fuel and other supply shortages inhibit the ability of a broadcaster to stay on the air and provide essential public information following a major disaster; (9) according to the report by the Committee on Homeland Security and Governmental Affairs of the Senate, titled ``Hurricane Katrina: A Nation Still Unprepared'', dated May 2006, there were instances of Federal authorities confiscating privately-purchased fuel supplies in the area affected by Hurricane Katrina; (10) the ability of several broadcasters in Mississippi to remain on the air was unduly compromised by the confiscation of their privately-purchased fuel supplies; (11) practices put in place following Hurricane Andrew to involve broadcasters in disaster response and expedite access by broadcast engineers to disaster areas for the purpose of repairing critical-to-air facilities and infrastructure has significantly increased the ability of broadcasters in Florida to continue transmitting essential public information during subsequent major disasters; (12) a June 12, 2006, report to the Federal Communications Commission from the Independent Panel Reviewing the Impact of Hurricane Katrina on Communications Networks recommends that cable and broadcasting infrastructure providers, and their contracted workers, be afforded emergency responder status under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and that this designation would remedy many of the access and fuel sharing issues that hampered industry efforts to quickly repair infrastructure following Hurricane Katrina; (13) the partnership of competing radio broadcasters in the wake of Hurricane Katrina, casting aside commercial interests to provide uninterrupted, redundant public information programming from multiple transmission facilities, served the public well and for many hurricane victims was the only source of disaster-related information for many days; (14) other similar models for regional broadcaster cooperation nationwide, such as the initiative by 3 public and private radio groups to cooperatively produce essential disaster-related programming in eastern and central Maine, will further prepare the industry to effectively respond to major disasters; (15) following Hurricane Katrina, a Primary Entry Point station in Louisiana, operating only on generator power until commercial power was restored 2 weeks after the disaster, was instrumental in providing life-saving information to the general public throughout the area as battery-operated radios were the only source of official news and information; (16) as of April 18, 2007, there were 24 States with 1 Primary Entry Point station, 4 States with 2 Primary Entry point stations, 2 Primary Entry Point stations located in territories of the United States, and 2 Primary Entry Point stations under development in Alabama and Mississippi; (17) in the event of a man-made or natural disaster, it is essential to provide for Primary Entry Point stations in any State or territory where there is not a facility, meaning an additional 23 stations are required, located in-- (A) Arkansas; (B) Connecticut; (C) Delaware; (D) the District of Columbia; (E) Indiana; (F) Iowa; (G) Kentucky; (H) Maine; (I) Michigan; (J) Nebraska; (K) New Hampshire; (L) New Jersey; (M) Oklahoma; (N) Oregon; (O) Pennsylvania; (P) Rhode Island; (Q) South Dakota; (R) Vermont; (S) West Virginia; (T) Wisconsin; (U) American Samoa; (V) the Northern Mariana Islands; and (W) Guam; and (18) in the event of a man-made or natural disaster, it is essential to provide for the Primary Entry Point stations in larger States where there is currently a facility, but an additional station is required to ensure full sufficient geographic coverage, meaning 2 stations are required, located in-- (A) Kansas; and (B) Florida. SEC. 3. DEFINITIONS. In this Act-- (1) the term ``Administrator'' means the Administrator of the Federal Emergency Management Agency; (2) the term ``disaster area'' means an area in which the President has declared a major disaster, during the period of that declaration; (3) the term ``first response broadcaster'' means a local or regional television or radio broadcaster that provides essential disaster-related public information programming before, during, and after the occurrence of a major disaster; (4) the term ``major disaster'' has the meaning given the term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122); and (5) the term ``Secretary'' means the Secretary of Homeland Security. SEC. 4. PRIMARY ENTRY POINT STATIONS. (a) In General.--There are authorized to be appropriated $6,500,000 to the Administrator of the Federal Emergency Management Agency for facility and equipment expenses to construct an additional 25 Primary Entry Point stations in the continental United States and territories. (b) Definition.--In this section, the term ``Primary Entry Point station'' means a radio broadcast station designated to provide public information following national and local emergencies where there is no commercial power. SEC. 5. BROADCAST DISASTER PREPAREDNESS GRANT PROGRAM. (a) Definition.--In this section, the term ``pilot program'' means the Broadcast Disaster Preparedness Grant Program established under subsection (b). (b) Establishment.--Not later than 90 days after the date of enactment of this Act, the Secretary shall establish a pilot program under which the Administrator may make grants to first response broadcasters, to be known as the ``Broadcast Disaster Preparedness Grant Program''. (c) Priority.--The Administrator may give priority to an application for a grant under the pilot program that-- (1) is submitted-- (A) on behalf of more than 1 first response broadcaster operating in an area; (B) in cooperation with State or local authorities; (C) on behalf of a first response broadcaster with 50 employees or less; (D) on behalf of a first response broadcaster that is principally owned and operated by individuals residing within the State, county, parish, or municipality in which the broadcaster is located; or (2) provides, in writing, a statement of the intention of the applicant to provide disaster-related programming dedicated to essential public information purposes before, during, and after a major disaster. (d) Use of Funds.--A grant under the pilot program shall be used by a first response broadcaster to-- (1) protect or provide redundancy for facilities and infrastructure, including transmitters and other at-risk equipment (as determined by the Administrator), critical to the ability of that first response broadcaster to continue to produce and transmit essential disaster-related public information programming; or (2) upgrade or add facilities or equipment that will enhance or expand the ability of the first responder broadcaster to acquire, produce, or transmit essential disaster-related public information programming. (e) Federal Share.--The Federal share of an activity carried out with a grant under this section shall be not more than 50 percent. (f) Termination.--The authority to make grants under the pilot program shall terminate at the end of the third full fiscal year after the date of enactment of this Act. (g) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out the pilot program $10,000,000 for each of fiscal years 2008 through 2010. SEC. 6. FIRST RESPONSE BROADCASTER ACCESS FOLLOWING A MAJOR DISASTER. (a) Access.--Section 403 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170b) is amended-- (1) in subsection (a)(3)(B), by inserting ``(including providing fuel, food, water, and other supplies to first response broadcasters, after providing essential emergency services, health care, and utility restoration services)'' before the semicolon at the end; and (2) in subsection (c)(6)-- (A) by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively; and (B) by inserting before subparagraph (B), as so redesignated, the following: ``(A) First response broadcaster.--The term `first response broadcaster' has the meaning given that term in section 707.''. (b) Confiscation.--Title VII of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5201 et seq.) is amended by adding at the end the following: ``SEC. 707. CONFISCATION FROM FIRST RESPONSE BROADCASTERS. ``(a) Definition.--In this section, the term `first response broadcaster' means a local or regional television or radio broadcaster that provides essential disaster-related public information programming before, during, and after a major disaster. ``(b) In General.--In the event of a major disaster, and to the extent practicable and consistent with not endangering public safety, a Federal officer or employee may not confiscate fuel, water, or food from a first response broadcaster if that first response broadcaster adequately documents that such supplies will be used to enable that broadcast first responder to broadcast essential disaster-related public information programming in the area affected by that major disaster.''. (c) Restoration of Services.--The Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) is amended-- (1) by redesignating section 425 (42 U.S.C. 5189e) (relating to essential service providers) as section 427; and (2) in section 427, as so redesignated, by adding at the end the following: ``(d) First Response Broadcasters.-- ``(1) Definition.--In this subsection, the term `first response broadcaster' has the meaning given that term in section 707. ``(2) In general.--In the event of a major disaster, the head of a Federal agency, in consultation with appropriate State and local government authorities, and to the greatest extent practicable and consistent with not endangering public safety or inhibiting recovery efforts, shall allow access to the area affected by that major disaster for technical personnel, broadcast engineers, and equipment needed to restore, repair, or resupply any facility or equipment critical to the ability of a first response broadcaster to continue to acquire, produce, and transmit essential disaster-related public information programming, including the repair and maintenance of transmitters and other facility equipment and transporting fuel for generators. ``(3) News gathering employees.--This subsection shall not apply to news gathering employees or agents of a first response broadcaster.''. (d) Guidelines for Press.-- (1) Definitions.--In this subsection-- (A) the term ``credentialing authority'' means a Federal, State, or local government agency that-- (i) issues press credentials; and (ii) permits and coordinates access to a designated location or area on the basis of possessing such press credentials; (B) the term ``press credential'' means the identification provided to news personnel to identify such personnel as members of the press; and (C) the term ``news personnel'' includes a broadcast journalist or technician, newspaper or periodical reporter, photojournalist, and member of a similar professional field whose primary interest in entering the disaster area is to gather information related to the disaster for wider publication or broadcast. (2) Access to disaster area.--For purposes of permitting and coordinating access by news personnel to a disaster area-- (A) any State or local government agency that serves as the primary credentialing authority for that disaster area before the date of the applicable major disaster shall remain the primary credentialing authority during and after that major disaster, unless-- (i) the State or local government agency voluntarily relinquishes the ability to serve as primary credentialing authority to another agency; or (ii) the State or local government agency, in consultation with appropriate Federal disaster response agencies, assigns certain duties, including primary credentialing authority, to the Federal Emergency Management Agency or another appropriate Federal, State, or local government agency; and (B) the Federal Emergency Management Agency and other appropriate Federal disaster response agencies operating in a disaster area shall permit and coordinate news personnel access to the disaster area consistent with the access guidelines determined by the primary credentialing authority for that disaster area. (3) Catastrophic incident access.--In the event of a catastrophic incident (as that term is defined in section 501 of the Homeland Security Act of 2002 (6 U.S.C. 311)) that leaves a State or local primary credentialing authority unable to execute the duties of that credentialing authority described under paragraph (2) or to effectively communicate to Federal officials a determination regarding the intent of that credentialing authority to retain, relinquish, or assign its status as the primary credentialing authority, the Secretary may designate the Federal Emergency Management Agency or another Federal agency as the interim primary credentialing authority, until such a time as the State or local credentialing authority notifies the Secretary of whether that authority intends to retain, relinquish, or assign its status.

First Response Broadcasters Act of 2007 - Authorizes appropriations to the Administrator of the Federal Emergency Management Agency (FEMA) for facility and equipment expenses to construct an additional 25 Primary Entry Point stations (radio broadcast stations designated to provide public information following emergencies where there is no commercial power) in the continental United States and territories. Directs the Secretary of Homeland Security to establish a pilot program, the Broadcast Disaster Preparedness Grant Program, under which the Administrator may make grants to first response broadcasters. Sets forth provisions regarding priorities in making grants, use of funds, the federal share, and termination of grant authority. Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to: (1) include specified assistance to first response broadcasters among the essential assistance that federal agencies may provide to meet immediate threats to life and property resulting from a major disaster; (2) prohibit a federal officer or employee from confiscating fuel, water, or food from such a broadcaster during a disaster if that broadcaster documents that such supplies will be used to enable the broadcast of essential disaster-related public information in the affected area; and (3) direct the head of a federal agency to allow access to the area affected by a major disaster for technical personnel, broadcast engineers, and equipment needed to restore, repair, or resupply any facility or equipment critical to such a broadcaster's ability to continue to acquire, produce, and transmit essential disaster-related public information, subject to specified limitations. Establishes guidelines for press access to a disaster area.

To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to support efforts by local or regional television or radio broadcasters to provide essential public information programming in the event of a major disaster, and for other purposes.

SECTION 1. ENTITLEMENT AND DETERMINATION OF BENEFITS FOR AFFECTED PARTICIPANTS. (a) Entitlement of Affected Participants.--Any affected participant described in subsection (b) is entitled to a one-time lump sum payment to be determined by the Secretary of Energy (hereinafter referred to as the ``Secretary'') under subsection (c). (b) Affected Participant.--For the purposes of this Act, an affected participant is a person described under section 3110(a)(6)(B) of the USEC Privatization Act (42 U.S.C. 2297h-8(a)(6)(B)). (c) Determination of Payment for Affected Participants.--The Secretary shall pay an affected participant, pursuant to an application timely filed by such participant, a one-time lump sum payment equal to an amount which bears the same ratio to $48,700,000 as the actuarial present value of the accrued benefits of the affected participant under the pension plan from which a transfer of plan assets and liabilities required under section 3110(a)(2) of the USEC Privatization Act was made (as of immediately before the transfer) bears to the actuarial present value of the accrued benefits of all affected participants under the pension plan from which the transfer under such section was made (as of immediately before the transfer). (d) Determination of Findings of Fact.--The Secretary is directed to make findings of facts and decisions as to the rights of any affected participant applying for a payment under this Act. (e) Rulemaking.--Not later than 60 days after the date of the enactment of this Act, the Secretary shall issue regulations to carry out this Act. (f) Public Notice.--To the extent practicable, the Secretary shall provide notice to individuals who may be eligible to receive a payment under this Act. (g) Application for Payment.--To be eligible for a payment under this Act, an affected participant shall prepare and submit to the Secretary an application-- (1) not later than 240 days after the date of the enactment of this Act; (2) in such manner; and (3) containing such information as the Secretary requires. (h) Timely Payments.--To the extent practicable, the Secretary shall determine and make a payment to an affected participant not later than 180 days after such participant's submission of an application for payment under subsection (g). (i) Election to Treat Payment as Rollover Contribution to IRA.-- (1) In general.--Any affected participant who receives a payment under this section may, at any time during the 1-year period beginning on the day after the date on which such payment was received, make one or more contributions in an aggregate amount not to exceed the amount of such payment to an individual retirement plan (as defined by section 7701(a)(37) of the Internal Revenue Code of 1986). (2) Treatment of contributions to iras.--For purposes of the Internal Revenue Code of 1986, if a contribution is made an individual retirement plan pursuant to paragraph (1), then-- (A) except as provided in paragraph (3), such contribution shall not be included in gross income, and (B) to the extent of the amount of such contribution, such contribution shall be treated-- (i) as a distribution described in section 408(d)(3) of such Code, and (ii) as having been transferred to the individual retirement account in a direct trustee to trustee transfer within 60 days of the distribution. (3) Special rule for roth iras.--If a contribution is made under paragraph (1) to a Roth IRA, such contribution shall be includible in gross income and, unless the taxpayer elects not to have this clause apply, such contribution shall be so included ratably over the 2-taxable-year period beginning with the first taxable year in which such contribution is made. (j) Administrative Expenses.--There is authorized to be appropriated to the Secretary $1,300,000 to carry out this Act. SEC. 2. HEARING AND JUDICIAL REVIEW. (a) Hearing.-- (1) In general.--Upon request by any affected participant applying for a payment under this Act, who makes a showing in writing that such participant's rights may have been prejudiced by any decision the Secretary has rendered, the Secretary shall give such participant reasonable notice and opportunity for a hearing with respect to such decision, and, if a hearing is held, shall, on the basis of evidence adduced at the hearing, affirm, modify, or reverse the Secretary's findings of fact and such decision. (2) Request for hearing.--Any request for a hearing under this subsection must be filed within 60 days after notice of a decision by the Secretary is received by the affected participant making such a request. (3) Secretary.--The Secretary is further authorized, on the Secretary's own motion, to hold such hearings and to conduct such investigations and other proceedings as the Secretary may deem necessary or proper for the administration of this Act. (b) Judicial Review.-- (1) In general.--Any affected participant, after any final decision of the Secretary made after a hearing to which such participant was a party, irrespective of the amount in controversy, may obtain a review of such decision by a civil action commenced within 60 days after the mailing to such participant of notice of such decision or within such further time as the Secretary may allow. (2) Jurisdiction and venue.--An action under this section shall be brought in the district court of the United States for the judicial district in which the affected participant plaintiff resides, or where such plaintiff has a principal place of business, or, if such plaintiff does not reside or have a principal place of business within any such judicial district, in the United States District Court for the District of Columbia. (3) Judicial determination.--The court shall have power to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the decision of the Secretary, with or without remanding the cause for a rehearing. (4) Final judgment.--The judgment of the court shall be final, except that it shall be subject to review in the same manner as a judgment in other civil actions. (5) Change in secretary.--Any action instituted in accordance with this section shall survive notwithstanding any change in the person occupying the office of Secretary or any vacancy in such office. SEC. 3. CERTIFICATION FOR PAYMENT. (a) In General.--Upon final decision of the Secretary, or upon final judgment of any court of competent jurisdiction, that any affected participant is entitled to any payment under this Act, the Secretary shall certify to the Secretary of the Treasury the name and address of the person entitled to receive such payment, the amount of such payment, and the time at which such payment should be made, and the Secretary of the Treasury shall make payment in accordance with the certification of the Secretary. (b) Payment While Decision Is Under Review.--Where a review of the Secretary's decision is or may be sought under section 2, the Secretary may withhold certification of payment pending such review.

Entitles to a one-time lump sum payment any persons (affected participants) who: (1) retired from active employment at one of the gaseous diffusion plants of the U.S. Enrichment Corporation (USEC) on or before USEC's privatization date as vested participants in a pension plan maintained either by USEC's operating contractor or by a contractor employed before July 1, 1993, by the Department of Energy to operate a gaseous diffusion plant; or (2) are employed by USEC's operating contractor on or before the privatization date, and are vested participants in such a pension plan. Prescribes a formula for determination of the payment. Allows any affected participant to treat such payment as a rollover contribution to a regular individual retirement account (IRA) or a Roth IRA. Prescribes hearing and judicial review rights for any affected participant who may have been prejudiced by any decision with regard to such a payment.

To entitle affected participants under a pension plan referred to in the USEC Privatization Act to payment for benefit increases not received.

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Secure Government Buildings from Espionage Act of 2017''. (b) Findings.--Congress finds that-- (1) the Government Accountability Office has reported that the Federal Government often leases high-security space from private sector landlords; (2) the General Services Administration and other Federal agencies with leasing authority are not currently required to collect beneficial ownership information and therefore do not know if foreign owners have a stake in the buildings leased by the agencies, even when the leased space is used for classified operations or to store sensitive data; and (3) according to a report of the Government Accountability Office, dated January 2017, that examined the risks of foreign ownership of Government-leased real estate, ``leasing space in foreign-owned buildings could present security risks such as espionage and unauthorized cyber and physical access''. SEC. 2. DISCLOSURE OF BENEFICIAL OWNERSHIP BY FOREIGN PERSONS OF HIGH- SECURITY SPACE LEASED FOR FEDERAL AGENCIES. (a) In General.--Before entering into a lease agreement with a covered entity for the accommodation of a Federal agency in a building (or other improvement) that will be used for high-security leased space, a Federal lessee shall require the covered entity to-- (1) identify each beneficial owner of the covered entity by-- (A) name; (B) current residential or business street address; and (C) a unique identifying number from a nonexpired passport issued by the United States or a nonexpired drivers license issued by a State; (2) disclose to the Federal lessee any beneficial owner of the covered entity that is a foreign person; and (3) if the Federal lessee is assigning the building (or other improvement) to a Federal tenant, notify the Federal tenant of any disclosure made under paragraph (2). (b) Timing.-- (1) In general.--A Federal lessee shall require a covered entity to provide the information described in subsections (a)(1) and (a)(2) when first submitting a proposal in response to a solicitation for offers issued by the Federal lessee. (2) Updates.--A Federal lessee shall require a covered entity to update a submission of the information described in subsections (a)(1) and (a)(2) not later than 60 days after the date of any change in-- (A) the list of beneficial owners of the covered entity; or (B) the information required to be provided relating to each such beneficial owner. (c) Definitions.--In this section, the following definitions apply: (1) Beneficial owner.-- (A) In general.--The term ``beneficial owner'' means, with respect to a covered entity, each natural person who, directly or indirectly-- (i) exercises control over the covered entity through ownership interests, voting rights, agreements, or otherwise; or (ii) has an interest in or receives substantial economic benefits from the assets of the covered entity. (B) Exceptions.--The term ``beneficial owner'' does not include, with respect to a covered entity-- (i) a minor child; (ii) a person acting as a nominee, intermediary, custodian, or agent on behalf of another person; (iii) a person acting solely as an employee of the covered entity and whose control over or economic benefits from the covered entity derives solely from the employment status of the person; (iv) a person whose only interest in the covered entity is through a right of inheritance, unless the person also meets the requirements of subparagraph (A); or (v) a creditor of the covered entity, unless the creditor also meets the requirements of subparagraph (A). (C) Anti-abuse rule.--The exceptions under subparagraph (B) shall not apply if used for the purpose of evading, circumventing, or abusing the requirements of this section. (2) Covered entity.--The term ``covered entity'' means a person, copartnership, corporation, or other public or private entity. (3) Executive agency.--The term ``Executive agency'' has the meaning given the term under section 105 of title 5, United States Code. (4) Federal agency.--The term ``Federal agency'' means any Executive agency or any establishment in the legislative or judicial branch of the Government. (5) Federal lessee.--The term ``Federal lessee'' means the Administrator of General Services, the Architect of the Capitol, or the head of any Federal agency, other than the Department of Defense, that has independent statutory leasing authority. (6) Foreign person.--The term ``foreign person'' means an individual who is not a United States person or an alien lawfully admitted for permanent residence into the United States. (7) High-security leased space.--The term ``high-security leased space'' means a space leased by a Federal lessee that-- (A) will be occupied by Federal employees for nonmilitary activities; and (B) has a facility security level of III, IV, or V, as determined by the Interagency Security Committee. (8) United states person.--The term ``United States person'' means a natural person who is a citizen of the United States or who owes permanent allegiance to the United States.

Secure Government Buildings from Espionage Act of 2017 This bill instructs the General Services Administration, the Architect of the Capitol, or any other federal agency (other than the Department of Defense), before entering into a lease agreement with a public or private entity to accommodate a federal agency in a building or other improvement that will be used for high-security leased space, to require such entity: to identify each beneficial owner of such entity; to disclose to such agency any beneficial owner that is a foreign person; and if such agency is assigning the building or other improvement to a federal tenant, to notify that tenant of any such disclosure. The agency shall require such entity to: provide such identification and disclosure when first submitting a proposal in response to an agency solicitation, and update such information within 60 days of any change in the beneficial owners of that entity or the information required to be provided relating to each such owner.

Secure Government Buildings from Espionage Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserving Social Security Act of 2001.'' SEC. 2. INTEREST BORNE BY, AND INCREASES IN PAR VALUE OF, SPECIAL OBLIGATIONS ISSUED TO THE SOCIAL SECURITY TRUST FUNDS. Section 201(d) of the Social Security Act (42 U.S.C. 401(d)) is amended-- (1) by inserting ``(1)'' after ``(d)''; (2) by striking the fifth sentence and inserting the following new sentences: ``Such obligations issued for purchase by the Trust Funds shall have maturities fixed with due regard for the needs of the Trust Funds and shall bear interest at an effective annual rate equal to 6 percent, which shall be paid to the Trust Funds semiannually. On June 30 and December 31 of each calendar year, and (with respect to each obligation) on its date of maturity (or date of redemption, if prior to maturity), the Managing Trustee shall adjust (subject to paragraph (2)) the par value of each obligation then held by either of the Trust Funds and issued for purchase by such Trust Fund so as to equal the product derived by multiplying the current par value as of immediately before the applicable date by the CPI adjustment factor (defined in paragraph (3)(A)) for the obligation in connection with the month in which the applicable date occurs (rounded, if not a multiple of $0.01, to the nearest multiple of $0.01).''; and (3) by adding at the end the following new paragraphs: ``(2)(A) In any case in which the number of days in the actual adjustment period (defined in subparagraph (B)(i)) for an obligation differs from the number of days in the computation period (defined in subparagraph (B)(ii)) for the obligation, the amount by which the par value of an obligation is adjusted pursuant to paragraph (1) shall be an amount which bears the same ratio to the amount that would otherwise apply under paragraph (1) as the number of days in the actual adjustment period bears to the number of days in the computation period. ``(B) For purposes of subparagraph (A)-- ``(i) The term `actual adjustment period' for an obligation means the period beginning with-- ``(I) the date following the date of the last previous adjustment in the par value of the obligation under paragraph (1), or ``(II) if no such adjustment in the par value of the obligation has occurred, the date of the issuance of the obligation, and ending with the date of the increase in par value to be determined under paragraph (1). ``(ii) The term `computation period' for an obligation means the period beginning with the date following the adjustment reference month (defined in paragraph (3)(C)) for the obligation and ending with the last date of the adjustment computation month (defined in paragraph (3)(B)) for the obligation. ``(3) For purposes of this subsection-- ``(A) The term `CPI adjustment factor', for an obligation in connection with any calendar month, means the ratio (expressed as a percentage) of-- ``(i) the Consumer Price Index for the adjustment computation month for the obligation in connection with such calendar month to ``(ii) the Consumer Price Index for the adjustment reference month for the obligation in connection with such calendar month. ``(B) The term `adjustment computation month' for an obligation means, in connection with a month in which occurs the date of an adjustment in par value of the obligation to be determined under paragraph (1), the first of the 2 preceding calendar months. ``(C) The term `adjustment reference month' for an obligation means, in connection with a month in which occurs the date of an adjustment in par value of the obligation to be determined under paragraph (1)-- ``(i) the last adjustment computation month with respect to which an adjustment in par value of the obligation under paragraph (1) has occurred, or ``(ii) if no such adjustment in the par value of the obligation has occurred, the first of the 2 months preceding the month in which such obligation was issued. ``(D) The term `Consumer Price Index' means the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI- W), issued by the Bureau of Labor Statistics of the Department of Labor.''. SEC. 3. EFFECTIVE DATE AND TRANSITIONAL RULE. (a) Effective Date.--The amendments made by this Act shall apply with respect to special obligations issued on or after January 1, 2002. (b) Transitional Rule.--On January 1, 2002, the Secretary of the Treasury shall redeem all obligations which are held on such date by the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund and which were issued for purchase by the Trust Funds pursuant to section 201(d) of the Social Security Act. Upon the redemption of each such obligation, such Secretary shall immediately issue an obligation of the type authorized to be issued for purchase by the Trust Funds under such section 201(d) (as amended by this Act) with an initial par value equal to the par value of the redeemed obligation and with a date of maturity which is the same as the date of maturity of the redeemed obligation.

Preserving Social Security Act of 2001 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act with regard to the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund to revise requirements for the issuance of obligations for purchase by the Funds. Establishes an effective annual rate of interest at six percent for such obligations.

To amend title II of the Social Security Act to establish an effective real annual rate of interest at 6 percent for special obligations issued to the Social Security trust funds.