FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Surface Transportation Board Improvement Act of 1999''. SEC. 2. SCOPE OF AUTHORITY; EMPLOYEE PROTECTIVE ARRANGEMENTS. (a) Scope of Authority.--Section 11321 of title 49, United States Code, is amended-- (1) by striking subsection (a) and inserting the following: ``(a)(1) The authority of the Board under this subchapter is exclusive. A rail carrier or corporation participating in or resulting from a transaction approved by or exempted by the Board under this subchapter may carry out the transaction, own, and operate property, and exercise control or franchises acquired through the transaction without the approval of a State authority. ``(2) Subject to paragraph (3), a rail carrier, corporation, or person participating in an approved or exempted transaction described in paragraph (1) is exempt from State and municipal laws to the extent that the laws regulate combinations, mergers, or consolidations of rail carriers, as necessary to permit that rail carrier, corporation, or person to-- ``(A) carry out the transaction; and ``(B) hold, maintain, and operate property, and exercise control or franchises acquired through the transaction. ``(3)(A) If a purchase and sale, a lease, or a corporate consolidation or merger is involved in a transaction described in paragraph (1), the carrier, or corporation may carry out the transaction only with the assent of a majority, or the number required under applicable State law, of the votes of the holders of the capital stock of that corporation entitled to vote. ``(B) To meet the requirements of this paragraph-- ``(i) a vote referred to in subparagraph (A) shall occur at a regular meeting, or special meeting called for that purpose, of the stockholders referred to in that subparagraph; and ``(ii) the notice of the meeting shall indicate its purpose.''; and (2) by adding at the end the following: ``(c) The Board shall not, under any circumstances, have the authority under this subchapter to-- ``(1) break, modify, alter, override, or abrogate, in whole or in part, any provision of any collective bargaining agreement or implementing agreement made between the rail carrier and an authorized representative of the employees of the rail carrier under the Railway Labor Act (45 U.S.C. 151 et seq.); or ``(2) provide the authority described in paragraph (1) to any other person, carrier or corporation.''. (b) Employee Protective Arrangements.--Section 11326 of title 49, United States Code, is amended by striking subsection (a) and inserting the following: ``(a)(1) Except as otherwise provided in this section, when approval is sought for a transaction under sections 11324 and 11325, the Board shall require the rail carrier to provide a fair arrangement at least as protective of the interests of employees who are affected by the transaction as the terms imposed under section 11347 of this title, as in effect on the day before December 29, 1995. ``(2) The arrangement and the order approving a transaction referred to in paragraph (1) shall be subject to the following conditions: ``(A) The employees of the affected rail carrier shall not be in a worse position related to their employment as a result of the transaction during the 6-year period beginning on the date on which the employee is adversely affected by an action taken by the affected rail carrier as a result of the transaction (or if an employee was employed for a lesser period of time by the rail carrier before the action became effective, for that lesser period). ``(B)(i) The rail carrier and the authorized representatives of the rail carrier's employees shall negotiate under the Railway Labor Act any arrangement regarding the selection of forces or assignment of employees caused by the Board's order of approval under sections 11324 or 11325. ``(ii) Arbitration of the proposed arrangement may only occur if both parties agree to that process. ``(iii) The Board shall not intervene in the negotiations or arbitration under this subparagraph unless requested to do so by both parties involved. ``(iv) The Board shall not, under any circumstances, have the authority under this subchapter to-- ``(I) break, modify, alter, override, or abrogate, in whole or in part, any provision in any collective bargaining agreements or implementing agreements made between the rail carrier and an authorized representative of its employees under the Railway Labor Act; or ``(II) provide the authority described in subclause (I) to any other person, carrier, or corporation. ``(3) Beginning on the date of the enactment of the Surface Transportation Board Improvement Act of 1999, this subsection shall apply to any transaction proposed by a rail carrier under conditions previously imposed by the former Interstate Commerce Commission or the Surface Transportation Board under-- ``(A) section 5(2)(f) of the Interstate Commerce Commission Act before October 1, 1978; ``(B) section 11347 of this title, before December 29, 1995; or ``(C) this section.''.

Revises certain requirements to subject employee protective arrangements to specified conditions.

Surface Transportation Board Improvement Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Institute of Biomedical Imaging and Engineering Establishment Act''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) Basic research in imaging, bioengineering, computer science, informatics, and related fields is critical to improving health care but is fundamentally different from the research in molecular biology on which the current national research institutes at the National Institutes of Health (referred to in this section as the ``NIH'') are based. To ensure the development of new techniques and technologies for the 21st century, these disciplines therefore require an identity and research home at the NIH that is independent of the existing institute structure. (2) Advances based on medical research promise new, more effective treatments for a wide variety of diseases, but the development of new, noninvasive imaging techniques for earlier detection and diagnosis of disease is essential to take full advantage of such new treatments and to promote the general improvement of health care. (3) The development of advanced genetic and molecular imaging techniques is necessary to continue the current rapid pace of discovery in molecular biology. (4) Advances in telemedicine, and teleradiology in particular, are increasingly important in the delivery of high quality, reliable medical care to rural citizens and other underserved populations. To fulfill the promise of telemedicine and related technologies fully, a structure is needed at the NIH to support basic research focused on the acquisition, transmission, processing, and optimal display of images. (5) A number of Federal departments and agencies support imaging and engineering research with potential medical applications, but a central coordinating body, preferably housed at the NIH, is needed to coordinate these disparate efforts and facilitate the transfer of technologies with medical applications. (6) Several breakthrough imaging technologies, including magnetic resonance imaging (MRI) and computed tomography (CT), have been developed primarily abroad, in large part because of the absence of a home at the NIH for basic research in imaging and related fields. The establishment of a central focus for imaging and bioengineering research at the NIH would promote both scientific advance and U.S. economic development. (7) At a time when a consensus exists to add significant resources to the NIH in coming years, it is appropriate to modernize the structure of the NIH to ensure that research dollars are expended more effectively and efficiently and that the fields of medical science that have contributed the most to the detection, diagnosis, and treatment of disease in recent years receive appropriate emphasis. (8) The establishment of a National Institute of Biomedical Imaging and Engineering at the NIH would accelerate the development of new technologies with clinical and research applications, improve coordination and efficiency at the NIH and throughout the Federal Government, reduce duplication and waste, lay the foundation for a new medical information age, promote economic development, and provide a structure to train the young researchers who will make the pathbreaking discoveries of the next century. SEC. 3. ESTABLISHMENT OF NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND ENGINEERING. (a) In General.--Part C of title IV of the Public Health Service Act (42 U.S.C. 285 et seq.) is amended by adding at the end the following: ``Subpart 18--National Institute of Biomedical Imaging and Engineering ``SEC. 464Z. PURPOSE OF THE INSTITUTE. ``(a) In General.--The general purpose of the National Institute of Biomedical Imaging and Engineering (in this section referred to as the `Institute') is the conduct and support of research, training, the dissemination of health information, and other programs with respect to biomedical imaging, biomedical engineering, and associated technologies and modalities with biomedical applications (in this section referred to as `biomedical imaging and engineering'). ``(b) National Biomedical Imaging and Engineering Program.-- ``(1) Establishment.--The Director of the Institute, with the advice of the Institute's advisory council, shall establish a National Biomedical Imaging and Engineering Program (in this section referred to as the `Program'). ``(2) Activities.--Activities under the Program shall include the following with respect to biomedical imaging and engineering: ``(A) Research into the development of new techniques and devices. ``(B) Related research in physics, engineering, mathematics, computer science, and other disciplines. ``(C) Technology assessments and outcomes studies to evaluate the effectiveness of biologics, materials, processes, devices, procedures, and informatics. ``(D) Research in screening for diseases and disorders. ``(E) The advancement of existing imaging and engineering modalities, including imaging, biomaterials, and informatics. ``(F) The development of target-specific agents to enhance images and to identify and delineate disease. ``(G) The development of advanced engineering and imaging technologies and techniques for research from the molecular and genetic to the whole organ and body levels. ``(H) The development of new techniques and devices for more effective interventional procedures (such as image-guided interventions). ``(3) Plan.-- ``(A) In general.--With respect to the Program, the Director of the Institute shall prepare and transmit to the Secretary and the Director of NIH a plan to initiate, expand, intensify, and coordinate activities of the Institute with respect to biomedical imaging and engineering. The plan shall include such comments and recommendations as the Director of the Institute determines appropriate. The Director of the Institute shall periodically review and revise the plan and shall transmit any revisions of the plan to the Secretary and the Director of NIH. ``(B) Recommendations.--The plan under subparagraph (A) shall include the recommendations of the Director of the Institute with respect to the following: ``(i) Where appropriate, the consolidation of programs of the National Institutes of Health for the express purpose of enhancing support of activities regarding basic biomedical imaging and engineering research. ``(ii) The coordination of the activities of the Institute with related activities of the other agencies of the National Institutes of Health and with related activities of other Federal agencies. ``(c) Advisory Council.--The establishment under section 406 of an advisory council for the Institute is subject to the following: ``(1) The number of members appointed by the Secretary shall be 12. ``(2) Of such members-- ``(A) 6 members shall be scientists, engineers, physicians, and other health professionals who represent disciplines in biomedical imaging and engineering and who are not officers or employees of the United States; and ``(B) 6 members shall be scientists, engineers, physicians, and other health professionals who represent other disciplines and are knowledgeable about the applications of biomedical imaging and engineering in medicine, and who are not officers or employees of the United States. ``(3) Ex officio members.--In addition to the ex officio members specified in section 406(b)(2), the ex officio members of the advisory council shall include the Director of the Centers for Disease Control and Prevention, the Director of the National Science Foundation, and the Director of the National Institute of Standards and Technology (or the designees of such officers). ``(d) Authorization of Appropriations.-- ``(1) In general.--Subject to paragraph (2), for the purpose of carrying out this section: ``(A) For fiscal year 2000, there is authorized to be appropriated an amount equal to the amount obligated by the National Institutes of Health during fiscal year 1999 for biomedical imaging and engineering, except that such amount shall be adjusted to offset any inflation occurring after October 1, 1998. ``(B) For each of the fiscal years 2001 and 2002, there is authorized to be appropriated an amount equal to the amount appropriated under subparagraph (A) for fiscal year 2000, except that such amount shall be adjusted for the fiscal year involved to offset any inflation occurring after October 1, 1999. ``(2) Reduction.--The authorization of appropriations for a fiscal year under paragraph (1) is hereby reduced by the amount of any appropriation made for such year for the conduct or support by any other national research institute of any program with respect to biomedical imaging and engineering.''. (b) Use of Existing Resources.--In providing for the establishment of the National Institute of Biomedical Imaging and Engineering pursuant to the amendment made by subsection (a), the Director of the National Institutes of Health (referred to in this subsection as the ``NIH'')-- (1) may transfer to the National Institute of Biomedical Imaging and Engineering such personnel of the NIH as the Director determines to be appropriate; (2) may, for quarters for such Institute, utilize such facilities of the NIH as the Director determines to be appropriate; and (3) may obtain administrative support for the Institute from the other agencies of the NIH, including the other national research institutes. (c) Construction of Facilities.--None of the provisions of this Act or the amendments made by the Act may be construed as authorizing the construction of facilities, or the acquisition of land, for purposes of the establishment or operation of the National Institute of Biomedical Imaging and Engineering. (d) Date Certain for Establishment of Advisory Council.--Not later than 90 days after the effective date of this Act, the Secretary of Health and Human Services shall complete the establishment of an advisory council for the National Institute of Biomedical Imaging and Engineering in accordance with section 406 of the Public Health Service Act and in accordance with section 464Z of such Act (as added by subsection (a) of this section). (e) Conforming Amendment.--Section 401(b)(1) of the Public Health Service Act (42 U.S.C. 281(b)(1)) is amended by adding at the end the following: ``(R) The National Institute of Biomedical Imaging and Engineering.''. SEC. 4. EFFECTIVE DATE. This Act shall take effect on October 1, 1999, or upon the date of the enactment of this Act, whichever occurs later.

National Institute of Biomedical Imaging and Engineering Establishment Act - Amends the Public Health Service Act to provide for the establishment of the National Institute of Biomedical Imaging and Engineering. Requires the Director of the Institute to establish a National Biomedical Imaging and Engineering Program which shall include research and related technology assessments and development in biomedical imaging and engineering. Requires the Director, with respect to such Program, to prepare and transmit to the Secretary of Health and Human Services and the Director of the National Institutes of Health (NIH) a plan to initiate, expand, intensify, and coordinate Institute biomedical imaging and engineering activities. Requires: (1) the consolidation and coordination of Institute biomedical imaging and engineering research and related activities with those of the NIH and other Federal agencies; and (2) the establishment of an Institute advisory council. Authorizes: (1) appropriations for the Institute for FY 2000 through 2002; and (2) the transfer of appropriate NIH personnel and research facilities for Institute activities.

National Institute of Biomedical Imaging and Engineering Establishment Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Chattahoochee Trace National Heritage Corridor Study Act of 2005''. SEC. 2. DEFINITIONS. In this Act: (1) Corridor.--The term ``Corridor'' means the Chattahoochee National Heritage Corridor. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) Study area.--The term ``study area'' means the study area described in section 3(b). SEC. 3. STUDY. (a) In General.--The Secretary, in consultation with State historic preservation officers, State historical societies, State tourism offices, and other appropriate organizations or agencies, shall conduct a study to assess the suitability and feasibility of designating the study area as the Chattahoochee Trace National Heritage Corridor. (b) Description of Study Area.--The study area shall include the portion of the Apalachicola-Chattahoochee-Flint River Basin and surrounding areas that are comprised of the following: (1)(A) The cities, towns, unincorporated communities, and military bases of LaFayette, Lanett, Valley, Waverly, Oak Bowery, Stroud, Opelika, Auburn, Loachapokla, Salem, Smiths, Phenix City, Fort Mitchell, Spring Hill, Rutherford, Hurtsboro, Pittsview, Uchee, Glemnville, Seale, Cottonton, Comer, Batesville, Eufaula, Clayton, Louisville, Clio, Bakerhill, Blue Springs, Ariton, Skipperville, Ozark, Midland City, Fort Rucker, Newton, Daleville, Abbeville, Lawrenceville, Haleburg, Shorterville, Newville, Tumbleton, Headland, Columbia, Kinsey, Cottonwood, Ashford, Madrid, Gordon, and Dothan, Alabama. (B) Chambers, Lee, Russell, Barbour, Dale, Henry, and Houston counties in the State of Alabama. (2)(A) The cities, towns, unincorporated communities, and military bases of Hogansville, LaGrange, Whitesville, Mountville, West Point Pine Mountain, Hamilton, Waverly Hall, Ellershie, Mulberry Grove, Columbus, Cusseta, Fort Henning, Omaha, Florence, Richland, Louvale, Brooklyn, Lumpkin, Georgetown, Morris, Springvale, Cuthbert, Shellman, Coleman, Fort Gaines, Bluffton, Cedar Springs, Saffold, Colomokee, Damascus, Blakely, Hilton, Donalsonvilie, Iron City, Reynoldsville, Brinson, Bainbridge, Faceville, Fowltown, Climax, and Attapulgas, Georgia. (B) Troup, Hats, Muscogee, Chattahoochee, Stewart, Randolph, Clay, Quitman, Early, Seminole, and Decatur counties in the State of Georgia. (3) Other areas in the State of Alabama or Georgia that-- (A) have heritage aspects that are similar to the aspects of the areas described in paragraph (1) or (2); and (B) are adjacent to, or in the vicinity of, the areas. (c) Requirements.--The study shall include analysis, documentation, and determinations on whether the study area-- (1) has an assemblage of natural, historic, and cultural resources that-- (A) represent distinctive aspects of the heritage of the United States; (B) are worthy of recognition, conservation, interpretation, and continuing use; and (C) would be best managed-- (i) through partnerships among public and private entities; and (ii) by linking diverse and sometimes noncontiguous resources and active communities; (2) reflects traditions, customs, beliefs, and folklife that are a valuable part of the story of the United States; (3) provides-- (A) outstanding opportunities to conserve natural, historic, cultural, or scenic features; and (B) outstanding recreational and educational opportunities; (4) contains resources that-- (A) are important to any identified themes of the study area; and (B) retain a degree of integrity capable of supporting interpretation; (5) includes residents, business interests, nonprofit organizations, and State and local governments that-- (A) are involved in the planning of the Corridor; (B) have developed a conceptual financial plan that outlines the roles of all participants in the Corridor, including the Federal Government; and (C) have demonstrated support for the designation of the Corridor; (6) has a potential management entity to work in partnership with the individuals and entities described in paragraph (5) to develop the Corridor while encouraging State and local economic activity; and (7) has a conceptual boundary map that is supported by the public. SEC. 4. REPORT. Not later than the 3rd fiscal year after the date on which funds are first made available to carry out this Act, the Secretary shall submit to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes-- (1) the findings of the study; and (2) any conclusions and recommendations of the Secretary.

Chattahoochee Trace National Heritage Corridor Study Act of 2005 - Directs the Secretary of the Interior to conduct a study to assess the suitability and feasibility of designating a specified study area in the Apalachicola-Chattahoochee-Flint River Basin (Alabama and Georgia) as the "Chattahoochee Trace National Heritage Corridor."

A bill to direct the Secretary of the Interior to study the suitability and feasibility of establishing the Chattahoochee Trace National Heritage Corridor in Alabama and Georgia, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Research and Experimentation Simplification Act of 2009''. SEC. 2. RESEARCH TAX CREDIT. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 30E. SIMPLIFIED SMALL BUSINESS RESEARCH CREDIT. ``(a) In General.--In the case of an eligible small business, 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 qualified research expenses of the taxpayer for the taxable year. ``(b) Qualified Research Expenditures.--For purposes of this section, the term `qualified research expenses' has the meaning given such term by section 41(b), except that in lieu of applying paragraph (2)(C) thereof (defining supplies) the term `supplies' means any tangible property other than land. ``(c) Eligible Small Business.--For purposes of this section-- ``(1) In general.--The term `eligible small business' means with respect to any taxable year beginning in a calendar year, any employer if such employer employed an average of 500 or fewer employees on business days during the preceding calendar year. For purposes of the preceding sentence, a preceding calendar year may be taken into account only if the employer was in existence throughout such year. ``(2) Employers not in existence in preceding year.--In the case of an employer which was not in existence throughout the preceding calendar year, the determination under paragraph (1) shall be based on the average number of employees that it is reasonably expected such employer will employ on business days in the current calendar year. ``(d) 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 shall not exceed the excess of-- ``(1) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(2) the sum of the credits allowable under this subpart (other than this section and sections 23, 25D, 30, 30B, and 30D) and section 27 for the taxable year. ``(e) Portion of Credit Refundable.-- ``(1) In general.--The aggregate credits allowed to a taxpayer under subpart C shall be increased by an amount equal to 25 percent of the excess (if any) of-- ``(A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(B) the amount of the credit allowable under subsection (a) (determined without regard to this subsection and section 26(a) or subsection (d), as the case may be). 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) without regard to section 26(a)(2) or subsection (d), as the case may be. ``(2) Application of subsection.--This subsection shall apply only with respect to the first 5 taxable years of an eligible small business (including the taxable years of any predecessor in interest). ``(f) Special Rules.--For purposes of this section-- ``(1) Controlled groups.--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 person. ``(2) Denial of double benefit.-- ``(A) Coordination with other provisions.--Any amount taken into account under subsection (a) shall not be taken into account in determining any deduction or other credit allowed under this chapter. ``(B) Reduction in basis.--For purposes of this subtitle, the basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit so allowed and attributable to such property. ``(3) Special rule for pass-thru of credit.--In the case of an individual who-- ``(A) owns an interest in an unincorporated trade or business, ``(B) is a partner in a partnership, ``(C) is a beneficiary of an estate or trust, or ``(D) is a shareholder in an S corporation, the amount determined under subsection (a) for any taxable year shall not exceed an amount (separately computed with respect to such person's interest in such trade or business or entity) equal to the amount of tax attributable to that portion of a person's taxable income which is allocable or apportionable to the person's interest in such trade or business or entity. ``(g) Termination.--Subsection (a) shall not apply to taxable years beginning after December 31, 2015.''. (b) Conforming Amendments.-- (1) Section 24(b)(3)(B) of such Code is amended by striking ``and 30D'' and inserting ``30D, and 30E''. (2) Section 25(e)(1)(C)(ii) of such Code is amended by inserting ``30E,'' after ``30D,''. (3) Section 25A(i)(5)(B) of such Code is amended by striking ``and 30D'' and inserting ``30D, and 30E''. (4) Section 25B(g)(2) of such Code is amended by striking ``and 30D'' and inserting ``30D, and 30E''. (5) Section 26(a)(1) of such Code is amended by striking ``and 30D'' and inserting ``30D, and 30E''. (6) Section 904(i) of such Code is amended by striking ``and 30D'' and inserting ``30D, and 30E''. (7) Section 1400C(d)(2) of such Code is amended by inserting ``, and 30E'' after ``30D''. (c) Clerical Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 30E. Simplified small business research credit.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2009. SEC. 3. GAO STUDY ON SIMPLIFIED SMALL BUSINESS RESEARCH CREDIT. Not later than June 30, 2015, the Comptroller General, in consultation with the Secretary of the Treasury, shall submit to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate a report detailing the Comptroller General's analysis of the usefulness and effectiveness of, and any recommended changes with respect to, the simplified small business research credit determined under section 30E of the Internal Revenue Code of 1986.

Small Business Research and Experimentation Simplification Act of 2009 - Amends the Internal Revenue Code to allow small business employers with an average of 500 or fewer employees in a calendar year a partially refundable tax credit for 20% of their research expenditures. Terminates such credit after 2015. Requires the Comptroller General to report to Congress by June 30, 2015, on an analysis of the usefulness and effectiveness of any recommended changes in the research tax credit allowed by this Act.

To amend the Internal Revenue Code of 1986 to provide a simplified research tax credit for small businesses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Vehicles for Cleaner Air Act of 2009''. SEC. 2. CLEAN-FUEL CREDIT WITH RESPECT TO BUSINESSES LOCATED IN NONATTAINMENT AREAS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following new section: ``SEC. 45R. CLEAN-FUEL CREDIT WITH RESPECT TO BUSINESSES LOCATED IN NONATTAINMENT AREAS. ``(a) In General.--For purposes of section 38, in the case of an eligible business the clean-fuel credit determined under this section for the taxable year is the sum of-- ``(1) the clean-fuel property credit, plus ``(2) the clean-burning fuel use credit. ``(b) Clean-Fuel Property Credit.-- ``(1) In general.--The clean-fuel property credit is the sum of-- ``(A) qualified vehicle property costs, plus ``(B) qualified refueling property costs. ``(2) Qualified vehicle property costs.-- ``(A) In general.--For purposes of paragraph (1), the term `qualified vehicle property costs' means the amount paid or incurred by the eligible business for qualified clean-fuel vehicle property which is placed in service during the taxable year by the eligible business and substantially all of the use of which is in a nonattainment area. ``(B) Limitation.--The amount which may be taken into account under subparagraph (A) with respect to any motor vehicle shall not exceed-- ``(i) $4,000 in the case of a motor vehicle not described in clause (ii) or (iii), ``(ii) $10,000 in the case of any truck or van with a gross vehicle weight rating greater than 10,000 pounds but not greater than 26,000 pounds, or ``(iii) $80,000 in the case of-- ``(I) a truck or van with a gross vehicle weight rating greater than 26,000 pounds, or ``(II) any bus which has a seating capacity of at least 20 adults (not including the driver). ``(C) Qualified clean-fuel vehicle property.--The term `qualified clean-fuel vehicle property' shall have the meaning given to such term by section 179A(c) (without regard to paragraph (3) thereof), except that such term does not include property that is a motor vehicle propelled by a fuel that is not a clean-burning fuel. ``(3) Qualified refueling property costs.-- ``(A) In general.--For purposes of paragraph (1), the term `qualified refueling property costs' means amounts paid or incurred by the eligible business for qualified clean-fuel vehicle refueling property (as defined by section 179A(d)) which is placed in service in a nonattainment area during the taxable year by the eligible business. ``(B) Limitation.-- ``(i) In general.--The aggregate cost which may be taken into account under subparagraph (A) with respect to qualified clean-fuel vehicle refueling property placed in service by the eligible business during the taxable year at a location shall not exceed the lesser of-- ``(I) $150,000, or ``(II) the cost of such property reduced by the amount described in clause (ii). ``(ii) Reduction for amounts previously taken into account.--For purposes of clause (i)(II), the amount described in this clause is the sum of-- ``(I) the aggregate amount taken into account under paragraph (1)(B) for all preceding taxable years, and ``(II) the aggregate amount taken into account under section 179A(a)(1)(B) by the taxpayer (or any related person or predecessor) with respect to property placed in service at such location for all preceding taxable years. ``(iii) Special rules.--For purposes of this subparagraph, the provisions of subparagraphs (B) and (C) of section 179A(b)(2) shall apply. ``(c) Clean-Burning Fuel Use Credit.-- ``(1) In general.--For purposes of subsection (a), the clean-burning fuel use credit is the amount equal to 50 cents for each gasoline gallon equivalent of clean-burning fuel used by an eligible business during the taxable year to propel qualified clean-fuel vehicle property. ``(2) Clean-burning fuel.--For purposes of paragraph (1), the term `clean-burning fuel' has the meaning given to such term by section 179A, except that such term includes compressed natural gas and biodiesel (as defined by section 40A(d)(1)). ``(3) Gasoline gallon equivalent.--For purposes of paragraph (1), the term `gasoline gallon equivalent' means, with respect to any clean burning fuel, the amount (determined by the Secretary) of such fuel having a Btu content of 114,000. ``(d) Other Definitions.--For purposes of this section-- ``(1) Eligible business.--The term `eligible business' means-- ``(A) a qualified business entity or a qualified proprietorship (as such terms are defined by section 1397C, determined by substituting `nonattainment area' for `empowerment zone' and `enterprise zone' each place it appears), and ``(B) a trade or business located outside of a nonattainment area, but only with respect to qualified clean-fuel vehicle property used substantially within a nonattainment area. ``(2) Nonattainment area.--The term `nonattainment area' shall have the meaning given to such term by section 171 of the Clean Air Act (42 U.S.C. 7501). ``(e) Denial of Double Benefit.--Except as provided in section 30B(i), no credit shall be allowed under subsection (a) for any expense for which a deduction or credit is allowed under any other provision of this chapter. ``(f) Recapture.--The Secretary shall, by regulations, provide for recapturing the benefit under any credit allowable under subsection (a) with respect to any property substantially all of the use of which is not in a nonattainment area.''. (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 (34), by striking the period at the end of paragraph (35) and inserting ``, plus'', and by adding at the end thereof the following new paragraph: ``(36) the clean-fuel credit determined under section 45R.''. (c) Denial of Double Benefit.--Section 280C of such Code (relating to certain expenses for which credits are allowable) is amended by adding at the end thereof the following new subsection: ``(g) Zone Clean Fuels Expenses.--No deduction shall be allowed for that portion of expenses for clean-burning fuel otherwise allowable as a deduction for the taxable year which is equal to the amount of the credit determined for such taxable year under section 45R.''. (d) Credit Allowed Against Regular and Minimum Tax.--Subparagraph (B) of section 38(c)(4) of such Code (relating to specified credits) is amended by striking ``and'' at the end of clause (vii), by striking the period at the end of clause (viii) and inserting ``, and'', and by inserting after clause (viii) the following: ``(ix) the credit determined under section 45R.''. (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 (12), by striking the period at the end of paragraph (13) and inserting ``, and'', and by adding after paragraph (13) the following new paragraph: ``(14) the clean fuels credit determined under section 45R.''. (f) Conforming 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 45Q the following new item: ``Sec. 45R. Clean-fuel credit with respect to businesses located in nonattainment areas.''. (g) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2008. SEC. 3. CREDIT FOR HYBRID VEHICLES PLACED IN SERVICE IN NONATTAINMENT AREAS. (a) In General.--Section 30B of the Internal Revenue Code of 1986 (relating to alternative motor vehicle credit) is amended by redesignating subsections (i) and (j) as subsections (j) and (k), respectively, and by inserting after subsection (h) the following new subsection: ``(i) Certain Vehicles Placed in Service in Nonattainment Areas.-- ``(1) In general.--In the case of a new qualified hybrid motor vehicle (as defined in subsection (d)) placed in service by an eligible business and substantially all of the use of which is in a nonattainment area, in lieu of the credit allowed under subsection (a)(3) there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 200 percent of the amount otherwise determined under this section (without regard to this subsection and subsection (d)(2)(A)(ii)) with respect to such vehicle. ``(2) Recapture.--The Secretary shall, by regulations, provide for recapturing the benefit under any credit allowable under subsection (a) by reason of paragraph (1) of this subsection with respect to any property substantially all of the use of which is not in a nonattainment area. ``(3) Phaseout not to apply.--For purposes of this subsection, subsection (f) shall not apply. ``(4) Definitions.--For purposes of this subsection, the terms `eligible business' and `nonattainment area' have the meanings given such terms by section 45R(d).''. (b) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2008.

Clean Vehicles for Cleaner Air Act of 2009 - Amends the Internal Revenue Code to allow certain businesses located in areas designated as nonattainment areas under the Clean Air Act a general business tax credit for the cost of certain clean-fuel vehicle property and clean-burning fuel. Allows the credit to be taken against regular and alternative minimum tax liabilities. Allows a tax deduction for any unused clean fuel credit amounts. Allows a tax credit for the cost of hybrid vehicles placed in service in, and of which substantially all of the use occurs in, nonattainment areas.

To amend the Internal Revenue Code of 1986 to provide a business credit relating to the use of clean-fuel and fuel efficient vehicles by businesses within areas designated as nonattainment areas under the Clean Air Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Agricultural Mediation Improvement Act of 1994''. SEC. 2. EXPANSION OF AGRICULTURAL ISSUES COVERED BY STATE MEDIATION PROGRAMS. (a) Expansion of Mediation Programs.--Section 501 of the Agricultural Credit Act of 1987 (7 U.S.C. 5101) is amended-- (1) in subsection (a), by striking ``an agricultural loan mediation program'' and inserting ``a mediation program''; and (2) in subsection (b), by striking ``agricultural loan''; and (3) by striking subsection (c) and inserting the following new subsection: ``(c) Requirements of State Mediation Programs.-- ``(1) Agricultural issues covered.--To be certified as a qualifying State, the mediation program of the State must provide mediation services to producers, their creditors (if applicable), other persons directly affected by actions of the Department of Agriculture, and the Department of Agriculture, involved in one or more of the following agricultural issues: ``(A) Agricultural loans. ``(B) Wetlands determinations under the jurisdiction of the Department. ``(C) Compliance with farm programs, including conservation programs of the Department. ``(D) Agricultural credit. ``(E) Rural water loan programs. ``(F) Grazing on National Forest System lands. ``(G) Pesticides. ``(H) Such other agricultural issues under the jurisdiction of the Department as the Secretary considers appropriate. ``(2) Certification conditions.--The Secretary shall certify a State as a qualifying State with respect to the agricultural issues proposed to be covered by the mediation program of the State if the mediation program-- ``(A) provides for mediation services that, if decisions are reached, result in mediated, mutually agreeable decisions between the parties to the mediation; ``(B) is authorized or administered by an agency of the State government or by the Governor of the State; ``(C) provides for the training of mediators; ``(D) provides that the mediation sessions shall be confidential; ``(E) ensures, in the case of agricultural loans, that all lenders and borrowers of agricultural loans receive adequate notification of the mediation program; and ``(F) ensures, in the case of other agricultural issues covered by the mediation program, that persons directly affected by actions of the Department of Agriculture receive adequate notification of the mediation program. ``(3) Time for certification.--The Secretary shall make a determination whether to certify a State as a qualifying State not later than 15 days after the Secretary receives a description of the proposed mediation program of the State.''. (b) Participation of Department.--Section 503 of such Act (7 U.S.C. 5103) is amended-- (1) by striking ``agricultural loan'' each place it appears; (2) in the matter preceding subparagraph (A) of subsection (a)(1)-- (A) by inserting ``or agency'' after ``program''; and (B) by striking ``that makes, guarantees, or insures agricultural loans''; (3) in subsection (a)(1)(A)-- (A) by inserting ``or agency'' after ``such program''; and (B) by inserting ``certified under section 501'' after ``mediation program''; (4) in subsection (a)(1)(B)-- (A) by striking ``, effective beginning on the date of the enactment of this Act,''; and (B) by inserting ``certified under section 501'' after ``mediation programs''; and (5) in subsection (a)(1)(C)-- (A) in clause (i), by striking ``described in'' and inserting ``certified under''; and (B) in clause (ii), by inserting ``if applicable,'' before ``present''. (c) Regulations.--Section 504 of such Act (7 U.S.C. 5104) is amended-- (1) by striking ``Within 150 days after the date of the enactment of this Act, the '' and inserting ``The''; and (2) by adding at the end the following new sentence: ``The regulations prescribed by the Secretary shall require qualifying States to adequately train mediators to address all of the agricultural issues covered by the mediation program of the State.''. (d) Report.--Section 505 of such Act (7 U.S.C. 5105) is amended by striking ``1990'' and inserting ``1998''. (e) Authorization of Appropriations.--Section 506 of such Act (7 U.S.C. 5106) is amended by striking ``1995'' and inserting ``2000''. (f) Conforming Amendments.-- (1) References to agricultural loans.--Subtitle A of title V of such Act is amended-- (A) in sections 502 and 505(1) (7 U.S.C. 5102, 5105(1)), by striking ``agricultural loan'' each place it appears; and (B) in section 505(3) (7 U.S.C. 5105(3)), by striking ``an agricultural loan mediation'' and inserting ``a mediation''. (2) Waiver of farm credit mediation rights by borrowers.-- Section 4.14E of the Farm Credit Act of 1971 (12 U.S.C. 2202e) is amended by striking ``agricultural loan''. (3) Waiver of fmha mediation rights by borrowers.--Section 358 of the Consolidated Farm and Rural Development Act (7 U.S.C. 2006) is amended by striking ``agricultural loan''.

Agricultural Mediation Improvement Act of 1994 - Amends the Agricultural Credit Act of 1987 to expand the types of agricultural issues covered by State mediation programs. Extends the authorization of appropriations for such programs.

Agricultural Mediation Improvement Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Government Publishing Office Act of 2014''. SEC. 2. REDESIGNATION OF GOVERNMENT PRINTING OFFICE TO GOVERNMENT PUBLISHING OFFICE. (a) In General.--The Government Printing Office is hereby redesignated the Government Publishing Office. (b) References.--Any reference to the Government Printing Office in any law, rule, regulation, certificate, directive, instruction, or other official paper in force on the date of enactment of this Act shall be considered to refer and apply to the Government Publishing Office. SEC. 3. REDESIGNATION OF PUBLIC PRINTER TO DIRECTOR OF THE GOVERNMENT PUBLISHING OFFICE. (a) Title 44, United States Code.--Title 44, United States Code, is amended-- (1) by striking ``Public Printer'' each place that term appears and inserting ``Director of the Government Publishing Office''; and (2) in the heading for each of sections 301, 302, 303, 304, 305, 306, 307, 502, 710, 1102, 1111, 1115, 1340, 1701, 1712, and 1914, by striking ``public printer'' and inserting ``director of the government publishing office''. (b) Other References.--Any reference in any law other than in title 44, United States Code, or in any rule, regulation, certificate, directive, instruction, or other official paper in force on the date of enactment of this Act to the Public Printer shall be considered to refer and apply to the Director of the Government Publishing Office. SEC. 4. REDESIGNATION OF DEPUTY PUBLIC PRINTER TO DEPUTY DIRECTOR OF THE GOVERNMENT PUBLISHING OFFICE. (a) Title 44, United States Code.--Title 44, United States Code, is amended-- (1) by striking ``Deputy Public Printer'' each place that term appears and inserting ``Deputy Director of the Government Publishing Office''; and (2) in the heading for each of sections 302 and 303, by striking ``deputy public printer'' and inserting ``deputy director of the government publishing office''. (b) Other References.--Any reference in any law other than in title 44, United States Code, or in any rule, regulation, certificate, directive, instruction, or other official paper in force on the date of enactment of this Act to the Deputy Public Printer shall be considered to refer and apply to the Deputy Director of the Government Publishing Office. SEC. 5. DIRECTOR REQUIREMENTS. Section 301 of title 44, United States Code, is amended-- (1) in the first sentence, by striking ``, who must be a practical printer and versed in the art of bookbinding,''; and (2) in the second sentence, by striking ``His'' and inserting ``The''. SEC. 6. DEPUTY DIRECTOR REQUIREMENTS. Section 302 of title 44, United States Code, is amended-- (1) in the first sentence, by striking ``, who must be a practical printer and versed in the art of bookbinding,''; and (2) in the second sentence-- (A) by striking ``He'' and inserting ``The Deputy Director of the Government Publishing Office''; (B) by striking ``perform the duties formerly required of the chief clerk,''; (C) by striking ``, and perform'' and inserting ``and perform''; and (D) by striking ``of him''. SEC. 7. OTHER CONFORMING AMENDMENTS. Chapter 3 of title 44, United States Code is amended-- (1) in the first sentence of section 304, by striking ``or his'' and inserting ``or the Director's''; (2) in section 305(a)-- (A) by striking ``he considers'' and inserting ``the Director considers''; and (B) by striking ``He may not'' and inserting ``The Director of the Government Publishing Office may not''; (3) in section 306, by striking ``his direction'' and inserting ``the direction of the Director''; (4) in section 308-- (A) in subsection (b)(1)-- (i) by striking ``his accounts'' and inserting ``the accounts of the disbursing officer''; and (ii) by striking ``his name'' and inserting ``the name of the disbursing officer''; (B) in subsection (b)(2)-- (i) by striking ``his estate'' and inserting ``the estate of the disbursing officer''; (ii) by striking ``to him'' and inserting ``to the deputy disbursing officer''; and (iii) by striking ``his service'' and inserting ``the service of the deputy disbursing officer''; and (C) in subsection (c)(1)-- (i) by striking ``by him'' and inserting ``by such officer or employee''; (ii) by striking ``his discretion'' and inserting ``the discretion of the Comptroller General''; and (iii) by striking ``whenever he'' each place that terms appears and inserting ``whenever the Comptroller General''; (5) in section 309-- (A) in the second sentence of subsection (a), by striking ``by him'' and inserting ``by the Director''; and (B) in subsection (f), by striking ``his or her discretion'' and inserting ``the discretion of the Comptroller General''; (6) in section 310, by striking ``his written request'' and inserting ``the written request of the Director''; (7) in section 311(b), by striking ``he justifies'' and inserting ``the Director justifies''; (8) in section 312, by striking ``his service'' and inserting ``the service of such officer''; and (9) in section 317, by striking ``his delegate'' and inserting ``a delegate of the Director''.

. Government Publishing Office Act of 2014 - Redesignates the Government Printing Office (GPO) as the Government Publishing Office and the Public Printer and the Deputy Public Printer as the Director of the Government Publishing Office and the Deputy Director of the Government Publishing Office, respectively. Eliminates as a requirement for such positions that such officers be practical printers and versed in the art of bookbinding. 

Government Publishing Office Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Yellowstone and Grand Teton Paddling Act''. SEC. 2. DEFINITIONS. For the purposes of this Act: (1) Hand-propelled vessel.--The term ``hand-propelled vessel'' means a vessel designed for river travel that is propelled by one or more people using paddles or oars, such as canoes, inflatable kayaks, kayaks, packrafts, and rafts. (2) Paddling.--The term ``paddling'' means the use of hand- propelled vessels for descending, crossing, or otherwise floating upon rivers and streams. SEC. 3. PROMULGATION OF REGULATIONS. (a) In General.--Not later than 3 years after the date on which funds are first made available for this section, the Secretary of the Interior shall promulgate regulations to allow the use of hand- propelled vessels on waters within Yellowstone National Park in the States of Idaho, Montana, and Wyoming, and Grand Teton National Park and the John D. Rockefeller, Jr. Memorial Parkway in the State of Wyoming. Waters where such use shall be allowed under the regulations shall include, at a minimum, the segments listed in subsection (b). (b) Applicable Waters.--The waters referred to in subsection (a) are the following: (1) Beaverdam creek.--The approximately 5.6-mile segment of Beaverdam Creek from 8085' to Yellowstone Lake. (2) Bechler river.--The approximately 17.4-mile segment of Bechler River from Three River Junction to the confluence with Falls River. (3) Boundary creek.--The approximately 15.3-mile segment of Boundary Creek from 7455' to the confluence with Bechler River. (4) Cache creek.--The approximately 12.2-mile segment from 7737' to the confluence with Lamar River. (5) Coulter creek.--The approximately .9-mile segment from the Yellowstone National Park south boundary to the confluence with the Snake River. (6) Falls river.--The approximately 20.4-mile segment from 7316' to the Yellowstone National Park south boundary. (7) Fan creek.--The approximately 7.7-mile segment from Fan Creek upper forks (7526') to the confluence with the Gallatin River. (8) Ferris fork.--The approximately 1-mile segment from 7455' to Three River Junction. (9) Firehole river.--The approximately 4.5-mile segment of campsite OA3 to Kepler Cascades. (10) Gallatin river.--The approximately 22.3-mile segment from 7650' to the Yellowstone National Park northwest boundary. (11) Gardner river.--The approximately 23.6-mile segment from Fawn Creek to the confluence with Yellowstone River. (12) Grayling creek.--The approximately 7.4-mile segment from Grayling Creek canyon mouth (7088') to the Yellowstone National Park west boundary. (13) Gregg fork.--The approximately 1.7-mile segment from 7795' to Three River Junction. (14) Heart river.--The approximately 4.8-mile segment from Heart Lake to the confluence with Snake River. (15) Hellroaring creek.--The approximately 6.4-mile segment from the Yellowstone National Park north boundary to the confluence with the Yellowstone River. (16) Howell creek.--The approximately 5.4-mile segment from Howell Creek upper forks to the confluence with Mountain Creek. (17) Indian creek.--The approximately 7.7-mile segment from 8030' meadow to the confluence with Gardner River. (18) Lamar river.--The approximately 27.3-mile segment from 8167' to Specimen Ridge trail. (19) Lamar river.--The approximately 7.5-mile segment from the top of Lamar Canyon (6478') to the confluence with Yellowstone River. (20) Lewis river.--The approximately 8.5-mile segment from the top of Lewis Canyon (7730') to the confluence with Snake River. (21) Little lamar river.--The approximately 3.7-mile segment from 8200' to the confluence with the Lamar River. (22) Middle creek.--The approximately 4-mile segment from 7265' to the Yellowstone National Park east boundary. (23) Miller creek.--The approximately 10-mile segment from 7655' to the confluence with Lamar River. (24) Mountain ash creek.--The approximately 5.7-mile segment from 6555' to the confluence with Falls River. (25) Mountain creek.--The approximately 7.9-mile segment from the Yellowstone National Park east boundary to the confluence with Yellowstone River. (26) Nez perce creek.--The approximately 8.2-mile segment from 7310' to Grand Loop Road. (27) Pebble creek.--The approximately 10.3-mile segment from 7954' trail crossing to the confluence with Soda Butte Creek. (28) Polecat creek.--The approximately 2-mile segment from 7050' to the Yellowstone National Park south boundary. (29) Robinson creek.--The approximately 4.4-mile segment from 6555' to the Yellowstone National Park southwest boundary. (30) Slough creek.--The approximately 13.4-mile segment from the Yellowstone National Park north boundary to Slough Creek trail head/campground. (31) Snake river.--The approximately 31.8-mile segment from the Yellowstone National Park southeast boundary (8059') to the Yellowstone National Park south boundary (6867'). (32) Soda butte creek.--The approximately 10.3-mile segment from the Yellowstone National Park northeast boundary to the confluence with Amphitheater Creek. (33) Specimen creek.--The approximately 2.6-mile segment from 7170' to the confluence with the Gallatin River. (34) Thorofare creek.--The approximately 4.4-mile segment from the Yellowstone National Park southeast boundary to the confluence with Yellowstone River. (35) Trail creek.--The approximately 3-mile segment from Trail Lake to Yellowstone Lake. (36) Yellowstone river.--The approximately 36-mile segment, including Grand and Black canyons, from Sevenmile Hole to the Yellowstone National Park north boundary. (37) Yellowstone river.--The approximately 26.7-mile segment from Yellowstone National Park southeast boundary to Yellowstone Lake. (38) Arizona creek.--The approximately 4.8-mile segment from the Grand Teton National Park east boundary to Jackson Lake. (39) Berry creek.--The approximately 9.9-mile segment from 7560' to Jackson Lake. (40) Buffalo fork river.--The approximately 8.7-mile segment from the Grand Teton National Park east boundary to the confluence with Snake River. (41) Cottonwood creek.--The approximately 7.3-mile segment from Jenny Lake to the confluence with Snake River. (42) Ditch creek.--The approximately 7.3-mile segment from the Grand Teton National Park east boundary to the confluence with Snake River. (43) Gros ventre river.--The approximately 12.7-mile segment from the Grand Teton National Park southeast boundary to the Grand Teton National Park south boundary. (44) Lake creek.--The approximately 3.9-mile segment from Phelps Lake to the Grand Teton National Park south boundary. (45) Owl creek.--The approximately 2.2-mile segment from 7312' to the confluence with Berry Creek. (46) Pacific creek.--The approximately 4.6-mile segment from the Grand Teton National Park northeast boundary to the confluence with Snake River. (47) Pilgrim creek.--The approximately 6.8-mile segment from Grand Teton National Park northeast boundary to Jackson Lake. (48) Pilgrim creek east fork.--The approximately .8-mile segment from the Grand Teton National Park northeast boundary to the confluence with Pilgrim Creek. (49) Polecat creek.--The approximately 3.9-mile segment from the Yellowstone National Park south boundary to the confluence with Snake River. (50) Spread creek.--The approximately 4.3-mile segment, including both channels of Spread Creek, from the Grand Teton National Park east boundary to the Snake River. (c) Applicable Waters by Boundaries.--The boundaries of any river proposed in subsection (b) shall generally comprise that area measured within one-quarter mile from the ordinary high water mark on each side of the listed rivers and streams. This subsection shall not be construed to limit the scope of the regulation to address areas which may lie more than one-quarter mile from the ordinary high water mark on each side of the river. (d) Applicable Laws.--The regulations required by subsection (a) shall be promulgated in accordance with-- (1) laws, regulations, and policies generally applicable to units of the National Park System; and (2) sections 551 through 559 of title 5, United States Code (commonly known as the ``Administrative Procedure Act''). (e) Commercial Use.-- (1) No expansion of use.--The regulations issued under this section shall not consider any expansion of commercial use of hand-propelled vessels in the parks. (2) Savings provisions.--Nothing in this Act shall be construed as authorizing the commercial use of hand-propelled vessels. (f) Coordination of Recreational Use.--When promulgating regulations under this section, the Secretary of the Interior shall consult with the Director of the United States Fish and Wildlife Service and the Director of the National Park Service to help ensure that the regulations provide that recreational use of hand-propelled vessels on the Gros Ventre River within the National Elk Refuge adjacent to Grand Teton National Park is consistent with the requirements of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.). (g) Previous Regulations.--Upon issuance of the final regulations required by subsection (a), the following regulations shall have no force or effect: (1) Section 7.13(d)(4)(ii) of title 36, Code of Federal Regulations (regarding vessels on streams and rivers in Yellowstone National Park). (2) Section 7.22(e)(3) of title 36, Code of Federal Regulations (regarding vessels on lakes and rivers in Grand Teton National Park). (h) Cost Recovery.--The Secretary is authorized to recover all costs, in accordance with section 103104 of title 54, United States Code, associated with monitoring the use of hand-propelled vessels, including the cost of inspecting and decontaminating vessels to prevent the introduction or spread of invasive or injurious species in Yellowstone National Park, Grand Teton National Park, and the John D. Rockefeller, Jr. Memorial Parkway.

Yellowstone and Grand Teton Paddling Act (Sec. 3) This bill directs the Department of the Interior to promulgate regulations to allow the use of hand-propelled vessels on certain rivers and streams within: (1) the Yellowstone National Park in Idaho, Montana, and Wyoming; and (2) the Grand Teton National Park and the John D. Rockefeller, Jr. Memorial Parkway in Wyoming. The regulations issued under this Act shall not consider any expansion of commercial use of hand-propelled vessels in the Parks. When promulgating such regulations, the Department of the Interior shall consult with the U.S. Fish and Wildlife Service and the National Park Service to help ensure that the regulations make recreational use of hand-propelled vessels on the Gros Ventre River within the National Elk Refuge in Wyoming adjacent to Grand Teton National Park consistent with the requirements of the National Refuge System Administration Act of 1966. Upon the issuance of final regulations, existing regulations prohibiting hand-propelled vessels on streams and rivers in Yellowstone National Park and Grand Teton National Park shall no longer have any force or effect. Interior is authorized to recover all costs associated with monitoring the use of hand-propelled vessels, including the cost of inspecting and decontaminating vessels to prevent the introduction or spread of invasive or injurious species in such National Parks and the Memorial Parkway.

Yellowstone and Grand Teton Paddling Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Iraq Troop Protection and Reduction Act of 2007''. SEC. 2. PURPOSE. The purpose of this Act is to protect and reduce levels of United States military forces in Iraq. If the President follows the provisions of this Act, the United States should be able to complete a redeployment of United States troops from Iraq by the end of the current term in office of the President. SEC. 3. LIMITATION ON UNITED STATES MILITARY FORCE LEVELS IN IRAQ ABSENT SPECIFIC AUTHORIZATION BY CONGRESS. (a) Purpose.--The purpose of this section is to limit the number of United States military forces deployed in Iraq. (b) Limitation.--Subject to subsection (c), the levels of United States military forces in Iraq after the date of the enactment of this Act may not exceed the levels of United States military forces in Iraq as of January 1, 2007, unless specifically authorized by Congress in a statute enacted after the date of the enactment of this Act. (c) Waiver.-- (1) In general.--The President may waive the limitation in subsection (b) if the President determines, and certifies to Congress in writing, that the waiver is necessary to address an emergency that threatens the national security of the United States. (2) Duration of waiver.--The levels of United States military forces in Iraq may exceed the levels of United States military forces in Iraq as of January 1, 2007, pursuant to a waiver under this subsection only during the 60-day period beginning on the date of the waiver unless otherwise specifically authorized by Congress in a statute enacted after the date of the waiver. SEC. 4. LIMITATION ON UNITED STATES AID TO IRAQ FOR SECURITY AND RECONSTRUCTION ABSENT SATISFACTION OF CERTAIN CONDITIONS BY THE IRAQIS. (a) Purpose.--The purpose of this section is to require that Iraqis meet certain conditions within 90 days in order to continue receiving United States funds for their security forces and for reconstruction. (b) Limitation.--Commencing as of the date that is 90 days after the date of the enactment of this Act, no appropriated funds may be made available to the Government of Iraq for security purposes (including for activities of the security forces of the Government or Iraq and for private contractors employed by the Government of Iraq for the discharge of security and security-related functions), or for reconstruction, unless the President submits to Congress by such date the certification described in subsection (c). (c) Certification.--A certification described in this subsection is a certification by the President with respect to the following: (1) That the security forces of the Government of Iraq are free of sectarian and militia influences. (2) That the security forces of the Government of Iraq are assuming greater responsibility for security in Iraq. (3) If the President is unable to make a certification set forth in paragraph (1) or (2), a certification by the President that the security forces of the Government of Iraq are making substantial progress toward achieving the objective otherwise covered by the applicable paragraph will satisfy the certification requirements of subsection (b). (4) That the Government of Iraq provides for an equitable distribution of the oil revenues of Iraq. (5) That the constitution of Iraq has been modified or amended to ensure civil rights for each ethnic community in Iraq. (6) That the Iraq Government has reversed the policy of ``de-Baathification'' in a manner that permits former lower- level members of the Baath Party in Iraq to serve in the Government of Iraq if such individuals do not pose a security risk to the Government of Iraq or Iraq. (7) That there has been significant progress made in political accommodation among the ethnic and sectarian groups in Iraq. (d) Disapproval of Certification.-- (1) Disapproval.--Notwithstanding the submittal by the President of a certification under subsection (c), the limitation in subsection (b) shall be and continue in effect if Congress enacts a joint resolution disapproving the certification. (2) Procedures for consideration of joint resolutions.-- (A) Joint resolution defined.--For purposes of this subsection, the term ``joint resolution'' means only a joint resolution introduced not later than 60 days after the date on which a certification of the President under subsection (c) is received by Congress, the matter after the resolving clause of which is as follows: ``That Congress disapproves the certification of the President submitted to Congress under section 4(c) of the Iraq Troop Protection and Reduction Act of 2007.''. (B) Procedures.--A joint resolution described in paragraph (1) shall be considered in a House of Congress in accordance with the procedures applicable to joint resolutions under paragraphs (3) through (8) of section 8066(c) of the Department of Defense Appropriations Act, 1985 (as enacted by section 101(h) of Public Law 98-473; 98 Stat. 1936). SEC. 5. LIMITATION ON FURTHER UNITED STATES MILITARY PRESENCE IN IRAQ ABSENT SATISFACTION OF CERTAIN CONDITIONS BY THE PRESIDENT AND THE GOVERNMENT OF IRAQ AND THE PHASED REDEPLOYMENT OF UNITED STATES FORCES FROM IRAQ. (a) Purpose.--The purpose of this section is to require a new authorization for use of United States military forces in Iraq unless both the President and the Government of Iraq meet certain conditions within 90 days, including the phased redeployment of United States forces from Iraq. (b) Limitation.--Notwithstanding any provision of the Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107-243) or any other provision of law, authority for the use of United States military forces in Iraq shall cease on the date that is 90 days after the date of the enactment of this Act unless-- (1) the President submits to Congress by such date the certification described in subsection (c); or (2) the continuing use of United States military forces in Iraq after that date is specifically authorized by Congress in a statute enacted after the date of the enactment of this Act. (c) Certification.--A certification described in this subsection is a certification by the President with respect to the following: (1) That a phased redeployment of United States military forces from Iraq has begun, in a manner consistent with any limitations on aid for Iraq for security purposes in effect under section 4, including the transition of United States forces in Iraq to the limited presence and mission of-- (A) training Iraqi security forces; (B) providing logistic support of Iraqi security forces; (C) protecting United States personnel and infrastructure; and (D) participating in targeted counter-terrorism activities. (2) That the United States has convened or is convening an international conference so as to-- (A) more actively involve the international community and Iraq's neighbors; (B) promote a durable political settlement among Iraqis; (C) reduce regional interference in the internal affairs of Iraq; (D) encourage more countries to contribute to the extensive needs in Iraq; and (E) ensure that funds pledged for Iraq are forthcoming. (3) That the security forces of the Government of Iraq are free of sectarian and militia influences. (4) That the security forces of the Government of Iraq are assuming greater responsibility for security in Iraq. (5) That the Government of Iraq provides for an equitable distribution of the oil revenues of Iraq. (6) That the constitution of Iraq has been modified or amended to ensure civil rights for each ethnic community in Iraq. (7) That the Iraq Government has reversed the policy of ``de-Baathification'' in a manner that permits former lower- level members of the Baath Party in Iraq to serve in the Government of Iraq if such individuals do not pose a security risk to the Government of Iraq or Iraq. (8) If the President is unable to make a certification on any matter set forth in paragraphs (1) through (7), that substantial progress is being made toward achieving the objective otherwise covered by such paragraph. (9) That there has been significant progress made in political accommodation among the ethnic and sectarian groups in Iraq. (d) Disapproval of Certification.-- (1) Disapproval.--Notwithstanding the submittal by the President of a certification under subsection (c), the limitation in subsection (b) shall be and continue in effect if Congress enacts a joint resolution disapproving the certification. (2) Procedures for consideration of joint resolutions.-- (A) Joint resolution defined.--For purposes of this subsection, the term ``joint resolution'' means only a joint resolution introduced not later than 60 days after the date on which a certification of the President under subsection (c) is received by Congress, the matter after the resolving clause of which is as follows: ``That Congress disapproves the certification of the President submitted to Congress under section 5(c) of the Iraq Troop Protection and Reduction Act of 2007.''. (B) Procedures.--A joint resolution described in paragraph (1) shall be considered in a House of Congress in accordance with the procedures applicable to joint resolutions under paragraphs (3) through (8) of section 8066(c) of the Department of Defense Appropriations Act, 1985 (as enacted by section 101(h) of Public Law 98-473; 98 Stat. 1936). (e) Withdrawal of United States Military Forces.--The limitation in subsection (b) shall not be construed to prohibit the presence and use of United States military forces in Iraq after the effective date of such limitation for force protection, force security, or similar purposes during the withdrawal of United States military forces from Iraq. SEC. 6. LIMITATION ON USE OF FUNDS FOR DEPLOYMENT OF ADDITIONAL UNITED STATES MILITARY FORCES IN IRAQ ABSENT AVAILABILITY OF ADEQUATE EQUIPMENT AND TRAINING. (a) Purposes.--The purposes of this section are-- (1) to ensure that our men and women in uniform who are serving courageously in Iraq have the equipment and training they need; and (2) to prohibit the deployment of additional United States military forces in Iraq unless such forces are adequately equipped and trained. (b) Limitation.--No funds may be obligated or expended for the deployment of United States military forces to Iraq after the date of the enactment of this Act unless the Secretary of Defense certifies to Congress before such deployment that such forces are adequately equipped and trained for the missions to be discharged by such forces in Iraq.

Iraq Troop Protection and Reduction Act of 2007 - Prohibits, with a limited presidential national security waiver, U.S. military force levels in Iraq after the date of the enactment of this Act from exceeding such levels as of January 1, 2007. Prohibits appropriations for security and reconstruction assistance to the government of Iraq 90 days after enactment of this Act unless the President provides Congress with a specified certification respecting Iraq's: (1) security forces; (2) oil revenue distribution; (3) civil rights and political accommodation concerning its ethnic and sectarian groups; and (4) policy towards the participation of former Baath party members in the Iraqi government. Terminates authority for the use of U.S. military forces in Iraq 90 days after enactment of this Act unless the use of such forces is specifically authorized by Congress in a statute enacted after enactment of this Act or the President provides Congress with a specified certification respecting: (1) U.S. redeployment and mission transition; (2) Iraq's security forces; (3) oil revenue distribution; (4) civil rights and political accommodation concerning Iraq's ethnic and sectarian groups; (5) the participation of former Baath party members in the Iraqi government; and (6) the convening of an international conference on Iraq. States that the termination shall: (1) continue in effect if Congress enacts a joint resolution disapproving the President's certification; and (2) not be construed to prohibit the use of U.S. military forces in Iraq for force protection, force security, or similar purposes during the U.S. military withdrawal from Iraq. Prohibits the obligation or expenditure of funds to deploy U.S. military forces to Iraq unless the Secretary of Defense certifies to Congress that such forces are adequately equipped and trained for their missions.

A bill to set forth limitations on the United States military presence in Iraq and on United States aid to Iraq for security and reconstruction, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Vision Preservation Act of 2007''. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--The Congress finds as follows: (1) An estimated 80 million Americans have a potentially blinding eye disease, and more than 19.1 million Americans report trouble seeing, even with eye glasses or contacts. At least 1.1 million Americans are legally blind, and 200,000 Americans experience profound vision loss. Refractive errors affect approximately one third of persons 40 years or older in the United States. Visual impairment is one of the 10 more frequent causes of disability in the United States. (2) While it is believed that half of all blindness can be prevented, the number of Americans who are blind or visually impaired is expected to double by 2030. (3) Vision loss can, especially without appropriate rehabilitation and skills training, significantly impact an individual's ability to conduct activities of daily living, as well as developmental learning, communicating, working, health, and quality of life. (4) One in twenty preschoolers experience visual impairment which, if unaddressed, can affect learning ability, personality, and adjustment in school. (5) It is estimated that blindness and visual impairment cost the Federal Government more than $4 billion annually in benefits and lost taxable income, and cost the United States economy approximately $51.4 billion annually in direct medical costs, direct non medical costs, and indirect costs such as lost productivity and wages. (6) Vision rehabilitation helps people with vision loss to live safely and independently at home and in the community, reduce medication errors, cook and perform other daily activities reliably, and avoid accidents which may lead to injury or even the onset of additional disabilities, especially among older persons living with vision loss. (7) Recognizing that the Nation requires a public health approach to visual impairment, the Department of Health and Human Services dedicated a portion of its Healthy People 2010 initiative to vision. The initiative set out as a goal the improvement of the Nation's visual health through prevention, early detection, treatment, and rehabilitation. (8) Greater efforts must be made at the Federal, State, and local levels to increase awareness of vision loss and its causes, its impact, the importance of early diagnosis, treatment, and rehabilitation, and effective prevention strategies. (b) Sense of Congress.--It is the sense of the Congress that the Nation must have a full-scale integrated public health strategy to comprehensively address vision loss and its causes that, at a minimum, includes the following: (1) Communication and education. (2) Surveillance, epidemiology, and prevention research. (3) Programs, policies, and systems change. SEC. 3. VISION LOSS PREVENTION. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by inserting after section 317S the following: ``SEC. 317T. PREVENTIVE HEALTH MEASURES WITH RESPECT TO VISION LOSS. ``(a) Communication and Education.-- ``(1) In general.--The Secretary, acting through the Centers for Disease Control and Prevention, the Health Resources and Services Administration, and the National Institutes of Health, shall expand and intensify programs to increase awareness of vision problems, including awareness of-- ``(A) the impact of vision problems; and ``(B) the importance of early diagnosis, management, and effective prevention and rehabilitation strategies. ``(2) Activities.--In carrying out this subsection, the Secretary may-- ``(A) conduct public service announcements and education campaigns; ``(B) enter into partnerships with eye-health professional organizations and other vision-related organizations; ``(C) conduct community disease prevention campaigns; ``(D) conduct testing, evaluation, and model training for vision screeners based on scientific studies; and ``(E) evaluate strategies to reduce barriers to access to treatment by optometrists and ophthalmologists. ``(3) Evaluation.--In carrying out this subsection, the Secretary shall-- ``(A) establish appropriate measurements for public awareness of vision problems; ``(B) establish appropriate measurements to determine the effectiveness of existing campaigns to increase awareness of vision problems; ``(C) establish quantitative benchmarks for determining the effectiveness of activities carried out under this subsection; and ``(D) not later than 12 months after the date of the enactment of this section, submit a report to the Congress on the results achieved through such activities. ``(b) Surveillance, Epidemiology, and Health Services Research.-- ``(1) In general.--The Secretary shall expand and intensify activities to establish a solid scientific base of knowledge on the prevention, control, and rehabilitation of vision problems and related disabilities. ``(2) Activities.--In carrying out this subsection, the Secretary may-- ``(A) create a national ongoing surveillance system; ``(B) identify and test screening modalities; ``(C) evaluate strategies to reduce barriers to access to treatment by optometrists, ophthalmologists, and other vision rehabilitation professionals; ``(D) evaluate the efficacy and cost-effectiveness of current and future interventions and community strategies; ``(E) update and improve knowledge about the true costs of vision problems and related disabilities; and ``(F) require the Surgeon General to assess the state of vision care and vision rehabilitation in the United States. ``(c) Programs, Policies, and Systems.-- ``(1) In general.--The Secretary shall expand and intensify research within the Centers for Disease Control and Prevention on the prevention and management of vision loss. ``(2) Activities.--In carrying out this subsection, the Secretary may-- ``(A) build partnerships with voluntary health organizations, nonprofit vision rehabilitation agencies, Federal, State, and local public health agencies, eye health professional organizations, and organizations with an interest in vision issues; ``(B) work with health care systems to better address vision problems and associated disabilities; and ``(C) award grants for community outreach regarding vision loss to health care institutions and national vision organizations with broad community presence.''. SEC. 4. EXPANSION OF VISION PROGRAMS UNDER THE MATERNAL AND CHILD HEALTH SERVICE BLOCK GRANT PROGRAM. Section 501(a)(3) of the Social Security Act (42 U.S.C. 701(a)(3)) is amended-- (1) by striking ``and'' at the end of subparagraph (E); (2) by striking the period at the end of subparagraph (F) and inserting ``, and''; and (3) by adding at the end the following new subparagraph: ``(G) introduce core performance measures on eye health by incorporating vision screening and examination standards into State programs under this title, based on scientific studies.''. SEC. 5. PREVENTION AND TREATMENT FOR UNDERSERVED, MINORITY, AND OTHER POPULATIONS. (a) Expansion and Intensification of Vision Programs.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall expand and intensify programs targeted to prevent vision loss, treat eye and vision conditions, and rehabilitate people of all ages who are blind or partially sighted in underserved and minority communities, including the following: (1) Vision care services at community health centers receiving assistance under section 330 of the Public Health Service Act (42 U.S.C. 254b). (2) Vision rehabilitation programs at vision rehabilitation agencies, eye clinics, and hospitals. (b) Voluntary Guidelines for Vision Screening.--The Secretary, in consultation with eye-health professional organizations and other vision-related organizations, shall develop voluntary guidelines to ensure the quality of vision screening and appropriate referral for comprehensive eye examinations and subsequent vision rehabilitation services. SEC. 6. VISION REHABILITATION PROFESSIONAL DEVELOPMENT GRANTS. (a) Authority.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary'') may make grants to eligible institutions of higher education or nonprofit organizations for the purpose of activities described in subsection (b) relating to vision rehabilitation professional development. (b) Use of Funds.--The Secretary may not make a grant to an institution of higher education or a nonprofit organization under this section unless the institution or organization agrees to use the grant for the following: (1) Developing and offering preparatory and continuing education training opportunities (incorporating state-of-the- art approaches, technologies, and therapies to meet the unique needs of older adults with vision loss) in-- (A) geriatrics among vision rehabilitation professionals, including professionals in the vision rehabilitation therapy, orientation and mobility, and low vision therapy fields; and (B) vision rehabilitation among occupational therapists and others in related rehabilitation and health disciplines. (2) Conducting, and disseminating the findings and conclusions of, research on the effectiveness of preparatory and continuing education training under paragraph (1). (3) Developing and disseminating interdisciplinary course curricula for use in the preparation of new professionals in vision rehabilitation, occupational therapy, and related rehabilitation and health disciplines. (4) Educating physicians, nurses, and other health care providers about the value of vision rehabilitation, to increase appropriate referral by such professionals for the full range of vision rehabilitation services available to older individuals with vision loss. (c) Eligibility.--To be eligible to receive a grant under this section, an entity shall be a university, academic medical center, national or regional nonprofit organization, community rehabilitation provider, or allied health education program, or a consortium of such entities, that-- (1) offers or coordinates education or training activities among professionals described in subsection (b)(1); or (2) agrees to use the grant to expand its capacity to coordinate such activities. (d) Distribution of Grants.--In awarding grants under this section, the Secretary shall ensure that grantees offer or coordinate training for current and emerging professionals-- (1) from a variety of geographic regions and a range of different types and sizes of settings and facilities, including settings and facilities located in rural, urban, and suburban areas; and (2) serving a variety of populations of older individuals with vision loss, including racial and ethnic minorities, low- income individuals, and other underserved populations. (e) Application.--To seek a grant under this section, an entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.

Vision Preservation Act of 2007 - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Centers for Disease Control and Prevention (CDC), the Health Resources and Services Administration (HRSA), and the National Institutes of Health (NIH), to expand and intensify programs to increase awareness of vision problems. Directs the Secretary to expand and intensify: (1) activities to establish a solid scientific base of knowledge on the prevention, control, and rehabilitation of vision problems and related disabilities; (2) research within CDC on the prevention and management of vision loss; and (3) programs targeted to prevent vision loss, treat eye and vision conditions, and rehabilitate people of all ages who are blind or partially sighted in underserved and minority communities. Amends title V (Maternal and Child Health Services) of the Social Security Act to authorize appropriations to enable the Secretary to introduce core performance measures on eye health by incorporating vision screening and examination standards into state programs. Authorizes the Secretary to make grants to eligible institutions of higher education or nonprofit organizations for vision rehabilitation professional development.

To provide for the expansion of Federal programs to prevent and manage vision loss, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Choices for Seniors Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Social Security Administration's Program Operations Manual System section HI 00801.002, titled ``Waiver of Hospital Insurance Entitlement by Monthly Beneficiary'', provides that an individual who does not sign up for part A of the Medicare program when the individual signs up for social security benefits will lose such benefits, regardless of the desire of the individual to not participate in the Medicare program because of religious or philosophical reasons or a preference to have private health insurance. (2) As part of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173), Congress increased health insurance options by authorizing health savings accounts into which individuals may make annual contributions of not more than $2,650 and families may make such contributions of not more than $5,250 that are allowable as deductions for income tax purposes. Seniors are not allowed to deduct contributions to their health savings account after the date of the entitlement of such seniors to Medicare benefits. (3) Section 1802(b) of the Social Security Act (42 U.S.C. 1395a(b)), added by section 4507 of the Balanced Budget Act of 1997, states that a Medicare beneficiary may only enter into a private contract with a physician for an item or service if no claim for payment under title XVIII of such Act will be submitted. In the case of such contract, the physician must sign an affidavit that acknowledges such contract and that provides that the physician will not submit a claim, and will forgo reimbursement, under such title for an item or service provided to any Medicare beneficiary for a period of two years. SEC. 3. AUTHORITY TO ELECT VOUCHER PROGRAM INSTEAD OF MEDICARE PART A ENTITLEMENT. (a) In General.--Section 226 of the Social Security Act (42 U.S.C. 426) is amended by adding at the end the following new subsections: ``(k) Waiver of Entitlement and Election of Voucher Program.-- ``(1) In general.--Notwithstanding the previous provisions of this section, the Secretary shall establish a procedure under which an individual otherwise entitled under subsection (a) to benefits under part A of title XVIII may waive such entitlement and be automatically enrolled in the Medicare Alternative Voucher Program established under subsection (l) if-- ``(A) at the time such waiver is made the individual-- ``(i) has a health savings account described in subsection (d) of section 223 of the Internal Revenue Code of 1986 (26 U.S.C. 223); and ``(ii) is enrolled under a high deductible health plan, as defined in subsection (c)(1) of such section; and ``(B) the individual makes such waiver during the initial enrollment period described in section 1837(d). ``(2) Treatment under the internal revenue code of 1986.-- An individual who waives entitlement under paragraph (1) shall not be treated as entitled to benefits under title XVIII for purposes of section 223(b)(7) of the Internal Revenue Code of 1986. ``(3) Ineligibility for part b or d benefits.--An individual shall not be eligible for benefits under part B or D of title XVIII during the period for which the individual waives entitlement under part A of such title under paragraph (1). ``(4) Termination of waiver and reenrollment under medicare program.--The Secretary shall establish a procedure under which an individual who waives entitlement under paragraph (1) may terminate such waiver during an annual period that shall be the same as the annual general enrollment period described in section 1837(e). For purposes of applying parts B and D of title XVIII, such individual shall be treated as if the individual were entitled to benefits under part A of such title as of the date such individual terminates the waiver under this paragraph. An individual who has terminated such a waiver may not subsequently make such a waiver. ``(l) Medicare Alternative Voucher Program.-- ``(1) Establishment of program.--The Secretary shall establish a program to be known as the Medicare Alternative Voucher Program (in this subsection referred to as the `voucher program') consistent with this subsection. ``(2) Automatic enrollment.--An individual who waives entitlement under subsection (k)(1) shall be enrolled in the voucher program for the period during which such waiver is in effect. ``(3) Amount of voucher.-- ``(A) Amount based on age cohort.-- ``(i) In general.--Subject to clause (ii), for each month that an individual within an age cohort is enrolled in the voucher program, the Secretary shall provide a voucher to such individual in an amount that is equal to the monthly actuarial rate for that month computed under section 1818(d)(1) multiplied by the age cohort adjustment factor for such age cohort under subparagraph (B). ``(ii) Monthly limit.--The amount of a voucher provided to an individual for a month may not exceed $200. ``(B) Age cohort adjustment factor.--For each age cohort the Secretary shall determine an age cohort adjustment factor equal to the ratio of-- ``(i) the monthly actuarial rate described in section 1818(d)(1) as determined by the Secretary for individuals in such age cohort, to ``(ii) the monthly actuarial rate described in such section. ``(C) Age cohort defined.--For purposes of this paragraph, an `age cohort' means a group of individuals whose age falls within a span of five consecutive years, consistent with the following: ``(i) The first such span begins at age 65. ``(ii) Other spans follow consecutively. ``(4) Permissible use of voucher.--A voucher under paragraph (3) may be used only for the following purposes: ``(A) As a contribution into a health savings account established by such individual, as described in subsection (k)(1)(A). ``(B) For payment of premiums for enrollment of such individual under a high deductible health plan described in such subsection. ``(5) Effect of subsequent termination of waiver.--If an individual terminates a waiver under subsection (k)(3), the enrollment of such individual in the voucher program shall be terminated on the date on which the termination becomes effective.''. (b) Amendment of Internal Revenue Code of 1986.--Paragraph (7) of section 223(b) of the Internal Revenue Code of 1986 (relating to Medicare eligible individuals) is amended to read as follows: ``(7) Medicare eligible individuals.-- ``(A) In general.--The limitation under this subsection for any month with respect to an individual shall be zero for any month such individual is entitled to benefits under title XVIII of the Social Security Act. ``(B) Medicare alternative voucher program.--In the case of an individual who is enrolled in the Medicare Alternative Voucher Program under section 226(l) of the Social Security Act, the applicable limitation under subparagraphs (A) and (B) of paragraph (2) shall be increased by the amount of the voucher described in paragraph (3) of such section which is contributed to a health savings account of such individual.''. (c) Effective Date.-- (1) In general.--The amendment made by subsection (a) shall take effect on the date that is six months after the date of the enactment of this Act and shall apply to an individual who becomes entitled to benefits under part A of title XVIII of the Social Security Act on or after such date of the enactment. (2) Amendment of internal revenue code of 1986.--The amendment made by subsection (b) shall apply to months ending after the date referred to in paragraph (1), in taxable years ending after such date. SEC. 4. SUSPENSION OF MEDICARE LATE ENROLLMENT PENALTIES BETWEEN AGES 65 AND 70. (a) Part B.--The second sentence of section 1839(b) of the Social Security Act (42 U.S.C. 1395r(b)) is amended by inserting before the period the following: ``and there shall not be taken into account (for individuals not entitled to benefits under section 226A) any month during any part of which the individual attained age 65 and has not attained age 70''. (b) Part D.-- (1) In general.--Section 1860D-13(b)(2) of such Act (42 U.S.C. 1395w-113(b)(2)) is amended by adding at the end the following sentence: ``For purposes of the preceeding sentence, in the case of an individual not entitled to benefits under part A under section 226A, a continuous period of eligibility shall not include any month during any part of which the individual attained age 65 and has not attained age 70.''. (2) Conforming amendment.--Section 1860D-1(b)(6)(A) of such Act (42 U.S.C. 1395w-101(b)(6)(A)) is amended by inserting after ``paragraph (2)'' the following: ``, but excluding the period between 65 and 70 years of age''. (c) Effective Date.--The amendments made by this section shall apply to individuals who attain 65 years of age in a month after the month in which this Act is enacted.

Health Care Choices for Seniors Act - Amends title II (Old Age, Survivor's and Disability Insurance) (OASDI) of the Social Security Act (SSA) to require the Secretary of Health and Human Services to establish a procedure under which an individual otherwise entitled to benefits under part A (Hospital Insurance) of SSA title XVIII (Medicare) may waive such entitlement and be automatically enrolled in the Medicare Alternative Voucher Program (MAV Program). Directs the Secretary to establish the MAV Program, under which a voucher may be used as a contribution into a health savings account and for the payment of enrollment premiums under a high deductible health plan. Amends the Internal Revenue Code to increase the amount of the itemized deduction for health savings accounts by the amount of the MAV that is contributed to an individual's health savings account. Suspends Medicare late enrollment penalties for an individual between ages 65 and 70.

To amend the Social Security Act to improve choices available to Medicare eligible seniors by permitting them to elect (instead of regular Medicare benefits) to receive a voucher for a health savings account, for premiums for a high deductible health insurance plan, or both and by suspending Medicare late enrollment penalties between ages 65 and 70.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tribal HUD-VASH Act of 2017''. SEC. 2. RENTAL ASSISTANCE FOR HOMELESS OR AT-RISK INDIAN VETERANS. Section 8(o)(19) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(19)) is amended by adding at the end the following: ``(D) Indian veterans housing rental assistance program.-- ``(i) Definitions.--In this subparagraph: ``(I) Eligible indian veteran.--The term `eligible Indian veteran' means an Indian veteran who is-- ``(aa) homeless or at risk of homelessness; and ``(bb) residing in or near an Indian area. ``(II) Eligible recipient.--The term `eligible recipient' means a recipient eligible to receive a grant under section 101 of the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4111). ``(III) Indian.--The term `Indian' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304). ``(IV) Indian area.--The term `Indian area' has the meaning given the term in section 4 of the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4103). ``(V) Indian veteran.--The term `Indian veteran' means an Indian who is a veteran. ``(VI) Tribal organization.--The term `tribal organization' has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). ``(ii) Program specifications.--The Secretary shall use not less than 5 percent of the amounts made available for rental assistance under this subsection to carry out a rental assistance and supported housing program (in this subparagraph referred to as the `Program'), in conjunction with the Secretary of Veterans Affairs, for the benefit of eligible Indian veterans. ``(iii) Model.-- ``(I) In general.--Except as provided in subclause (II), the Secretary shall model the Program on the rental assistance and supported housing program authorized under subparagraph (A) and applicable appropriations Acts, including administration in conjunction with the Secretary of Veterans Affairs. ``(II) Exceptions.-- ``(aa) Secretary of housing and urban development.--After consultation with Indian tribes, eligible recipients, and any other appropriate tribal organizations, the Secretary may make necessary and appropriate modifications to facilitate the use of the Program by eligible recipients to serve eligible Indian veterans. ``(bb) Secretary of veterans affairs.--After consultation with Indian tribes, eligible recipients, and any other appropriate tribal organizations, the Secretary of Veterans Affairs may make necessary and appropriate modifications to facilitate the use of the Program by eligible recipients to serve eligible Indian veterans. ``(iv) Eligible recipients.--The Secretary shall make amounts for rental assistance and associated administrative costs under the Program available to eligible recipients. ``(v) Funding criteria.--The Secretary shall award rental assistance under the Program based on-- ``(I) need; ``(II) administrative capacity; and ``(III) any other funding criteria established by the Secretary in a notice published in the Federal Register after consulting with the Secretary of Veterans Affairs. ``(vi) Administration.--Rental assistance made available under the Program shall be administered in accordance with the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4101 et seq.), except that grantees shall-- ``(I) submit to the Secretary, in a manner prescribed by the Secretary, reports on the utilization of rental assistance provided under the Program; and ``(II) provide to the Secretary information specified by the Secretary to assess the effectiveness of the Program in serving eligible Indian veterans. ``(vii) Consultation.-- ``(I) Grant recipients; tribal organizations.--The Secretary, in coordination with the Secretary of Veterans Affairs, shall consult with eligible recipients and any other appropriate tribal organization on the design of the Program to ensure the effective delivery of rental assistance and supportive services to eligible Indian veterans under the Program. ``(II) Indian health service.--The Director of the Indian Health Service shall provide any assistance requested by the Secretary or the Secretary of Veterans Affairs in carrying out the Program. ``(viii) Waiver.-- ``(I) In general.--Except as provided in subclause (II), the Secretary may waive or specify alternative requirements for any provision of law (including regulations) that the Secretary administers in connection with the use of rental assistance made available under the Program if the Secretary finds that the waiver or alternative requirement is necessary for the effective delivery and administration of rental assistance under the Program to eligible Indian veterans. ``(II) Exception.--The Secretary may not waive or specify alternative requirements under subclause (I) for any provision of law (including regulations) relating to labor standards or the environment. ``(ix) Reporting.--Every 5 years, the Secretary, in coordination with the Secretary of Veterans Affairs and the Director of the Indian Health Service, shall-- ``(I) conduct a review of the implementation of the Program, including any factors that may have limited its success; and ``(II) submit a report describing the results of the review under subclause (I) to-- ``(aa) the Committee on Indian Affairs, the Committee on Banking, Housing, and Urban Affairs, the Committee on Veterans' Affairs, and the Committee on Appropriations of the Senate; and ``(bb) the Subcommittee on Indian, Insular and Alaska Native Affairs of the Committee on Natural Resources, the Committee on Financial Services, the Committee on Veterans' Affairs, and the Committee on Appropriations of the House of Representatives.''.

Tribal HUD-VASH Act of 2017 This bill amends the United States Housing Act of 1937 to direct the Department of Housing and Urban Development (HUD) to use at least 5% of the amounts made available for rental assistance under the low-income housing assistance program to carry out a rental assistance and supported housing program, in conjunction with the Department of Veterans Affairs, for the benefit of Indian veterans who are homeless or at risk of homelessness and residing in or near an Indian area. Rental assistance shall be: (1) made available to recipients eligible for housing assistance block grants under the Native American Housing Assistance and Self-Determination Act of 1996; and (2) awarded based on need, administrative capacity, and any other funding criteria established by HUD.

Tribal HUD–VASH Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lackawanna Valley Heritage Area Act of 1998''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) The industrial and cultural heritage of northeastern Pennsylvania inclusive of Lackawanna, Luzerne, Wayne, and Susquehanna counties, related directly to anthracite and anthracite-related industries, is nationally significant, as documented in the United States Department of the Interior- National Parks Service, National Register of Historic Places, Multiple Property Documentation submittal of the Pennsylvania Historic and Museum Commission (1996). (2) These industries include anthracite mining, ironmaking, textiles, and rail transportation. (3) The industrial and cultural heritage of the anthracite and related industries in this region includes the social history and living cultural traditions of the people of the region. (4) The labor movement of the region played a significant role in the development of the Nation including the formation of many key unions such as the United Mine Workers of America, and crucial struggles to improve wages and working conditions, such as the 1900 and 1902 anthracite strikes. (5) The Department of the Interior is responsible for protecting the Nation's cultural and historic resources, and there are significant examples of these resources within this 4-county region to merit the involvement of the Federal Government to develop programs and projects, in cooperation with the Lackawanna Heritage Valley Authority, the Commonwealth of Pennsylvania, and other local and governmental bodies, to adequately conserve, protect, and interpret this heritage for future generations, while providing opportunities for education and revitalization. (6) The Lackawanna Heritage Valley Authority would be an appropriate management entity for a Heritage Area established in the region. (b) Purpose.--The objectives of the Lackawanna Heritage Valley American Heritage Area are as follows: (1) To foster a close working relationship with all levels of government, the private sector, and the local communities in the anthracite coal region of northeastern Pennsylvania and empower the communities to conserve their heritage while continuing to pursue economic opportunities. (2) To conserve, interpret, and develop the historical, cultural, natural, and recreational resources related to the industrial and cultural heritage of the 4-county region of northeastern Pennsylvania. SEC. 3. LACKAWANNA HERITAGE VALLEY AMERICAN HERITAGE AREA. (a) Establishment.--There is hereby established the Lackawanna Heritage Valley American Heritage Area (in this Act referred to as the ``Heritage Area''). (b) Boundaries.--The Heritage Area shall be comprised of all or parts of the counties of Lackawanna, Luzerne, Wayne, and Susquehanna in Pennsylvania, determined pursuant to the compact under section 4. (c) Management Entity.--The management entity for the Heritage Area shall be the Lackawanna Heritage Valley Authority. SEC. 4. COMPACT. To carry out the purposes of this Act, the Secretary of the Interior (in this Act referred to as the ``Secretary'') shall enter into a compact with the management entity. The compact shall include information relating to the objectives and management of the area, including each of the following: (1) A delineation of the boundaries of the Heritage Area. (2) A discussion of the goals and objectives of the Heritage Area, including an explanation of the proposed approach to conservation and interpretation and a general outline of the protection measures committed to by the partners. SEC. 5. AUTHORITIES AND DUTIES OF MANAGEMENT ENTITY. (a) Authorities of the Management Entity.--The management entity may, for purposes of preparing and implementing the management plan developed under subsection (b), use funds made available through this Act for the following: (1) To make loans and grants to, and enter into cooperative agreements with States and their political subdivisions, private organizations, or any person. (2) To hire and compensate staff. (b) Management Plan.--The management entity shall develop a management plan for the Heritage Area that presents comprehensive recommendations for the Heritage Area's conservation, funding, management, and development. Such plan shall take into consideration existing State, county, and local plans and involve residents, public agencies, and private organizations working in the Heritage Area. It shall include actions to be undertaken by units of government and private organizations to protect the resources of the Heritage Area. It shall specify the existing and potential sources of funding to protect, manage, and develop the Heritage Area. Such plan shall include, as appropriate, the following: (1) An inventory of the resources contained in the Heritage Area, including a list of any property in the Heritage Area that is related to the themes of the Heritage Area and that should be preserved, restored, managed, developed, or maintained because of its natural, cultural, historic, recreational, or scenic significance. (2) A recommendation of policies for resource management which considers and details application of appropriate land and water management techniques, including, but not limited to, the development of intergovernmental cooperative agreements to protect the Heritage Area's historical, cultural, recreational, and natural resources in a manner consistent with supporting appropriate and compatible economic viability. (3) A program for implementation of the management plan by the management entity, including plans for restoration and construction, and specific commitments of the identified partners for the first 5 years of operation. (4) An analysis of ways in which local, State, and Federal programs may best be coordinated to promote the purposes of this Act. (5) An interpretation plan for the Heritage Area. The management entity shall submit the management plan to the Secretary for approval within 3 years after the date of enactment of this Act. If a management plan is not submitted to the Secretary as required within the specified time, the Heritage Area shall no longer qualify for Federal funding. (c) Duties of Management Entity.--The management entity shall-- (1) give priority to implementing actions set forth in the compact and management plan, including steps to assist units of government, regional planning organizations, and nonprofit organizations in preserving the Heritage Area; (2) assist units of government, regional planning organizations, and nonprofit organizations in establishing and maintaining interpretive exhibits in the Heritage Area; assist units of government, regional planning organizations, and nonprofit organizations in developing recreational resources in the Heritage Area; (3) assist units of government, regional planning organizations, and nonprofit organizations in increasing public awareness of and appreciation for the natural, historical, and architectural resources and sites in the Heritage Area; assist units of government, regional planning organizations and nonprofit organizations in the restoration of any historic building relating to the themes of the Heritage Area; (4) encourage by appropriate means economic viability in the Heritage Area consistent with the goals of the plan; encourage local governments to adopt land use policies consistent with the management of the Heritage Area and the goals of the plan; (5) assist units of government, regional planning organizations, and nonprofit organizations to ensure that clear, consistent, and environmentally appropriate signs identifying access points and sites of interest are put in place throughout the Heritage Area; (6) consider the interests of diverse governmental, business, and nonprofit groups within the Heritage Area; (7) conduct public meetings at least quarterly regarding the implementation of the management plan; (8) submit substantial changes (including any increase of more than 20 percent in the cost estimates for implementation) to the management plan to the Secretary for the Secretary's approval; for any year in which Federal funds have been received under this Act, submit an annual report to the Secretary setting forth its accomplishments, its expenses and income, and the entity to which any loans and grants were made during the year for which the report is made; and (9) for any year in which Federal funds have been received under this Act, make available for audit all records pertaining to the expenditure of such funds and any matching funds, and require, for all agreements authorizing expenditure of Federal funds by other organizations, that the receiving organizations make available for audit all records pertaining to the expenditure of such funds. (d) Prohibition on the Acquisition of Real Property.--The management entity may not use Federal funds received under this Act to acquire real property or an interest in real property. Nothing in this Act shall preclude any management entity from using Federal funds from other sources for their permitted purposes. SEC. 6. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES. (a) Technical and Financial Assistance.-- (1) In general.--The Secretary may, upon request of the management entity, provide technical and financial assistance to the management entity to develop and implement the management plan. In assisting the management entity, the Secretary shall give priority to actions that in general assist in-- (A) conserving the significant natural, historic, and cultural resources which support its themes; and (B) providing educational, interpretive, and recreational opportunities consistent with its resources and associated values. (2) Spending for non-federally owned property.--The Secretary may spend Federal funds directly on non-federally owned property to further the purposes of this Act, especially in assisting units of government in appropriate treatment of districts, sites, buildings, structures, and objects listed or eligible for listing on the National Register of Historic Places. The Historic American Building Survey/Historic American Engineering Record shall conduct those studies necessary to document the industrial, engineering, building, and architectural history of the region. (b) Approval and Disapproval of Compacts and Management Plans.--The Secretary, in consultation with the Governor of Pennsylvania, shall approve or disapprove a compact or management plan submitted under this Act not later than 90 days after receiving such compact or management plan. (c) Action Following Disapproval.--If the Secretary disapproves a submitted compact or management plan, the Secretary shall advise the management entity in writing of the reasons therefore and shall make recommendations for revisions in the compact or plan. The Secretary shall approve or disapprove a proposed revision within 90 days after the date it is submitted. (d) Approving Amendments.--The Secretary shall review substantial amendments to the management plan for the Heritage Area. Funds appropriated pursuant to this Act may not be expended to implement the changes made by such amendments until the Secretary approves the amendments. SEC. 7. SUNSET. The Secretary may not make any grant or provide any assistance under this Act after September 30, 2012. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated under this Act not more than $1,000,000 for any fiscal year. Not more than a total of $10,000,000 may be appropriated for the Heritage Area under this Act. (b) 50 Percent Match.--Federal funding provided under this Act, after the designation of the Heritage Area, may not exceed 50 percent of the total cost of any assistance or grant provided or authorized under this Act.

Lackawanna Valley Heritage Area Act of 1998 - Establishes the Lackawanna Heritage Valley American Heritage Area, comprised of all or parts of four coal-producing counties in northeast Pennsylvania, to be managed by the Lackawanna Heritage Valley Authority. Directs the Secretary of the Interior to enter into a management compact with the Authority to determine Area goals and objectives. Directs the Authority to develop an Area management plan that presents comprehensive recommendations for the Area's conservation, funding, management, and development. Requires the plan to be submitted to the Secretary for approval within three years after the enactment of this Act. Outlines related management duties. Prohibits the Authority from using Federal funds to acquire real property under this Act. Provides for: (1) technical and financial assistance from the Secretary to the Authority to develop and implement the plan; (2) approval or disapproval of compacts and management plans; and (3) termination on September 30, 2012, of the Secretary's authority to make a grant or provide assistance under this Act. Authorizes appropriations. Prohibits Federal funding for the Area from exceeding 50 percent of total costs.

Lackawanna Valley Heritage Area Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserving Rehabilitation Innovation Centers Act of 2013''. SEC. 2. FINDING. Congress makes the following findings: (1) In the United States, there are an estimated 1,181 inpatient rehabilitation facilities. Among these facilities is a small group of rehabilitation institutions that are important for the future of rehabilitation care and medicine, as well as to patient recovery. (2) This unique category of inpatient rehabilitation institutions treat the most complex conditions, such as traumatic brain injury, stroke, spinal cord injury, childhood disease, burns, and wartime injuries. (3) These leading inpatient rehabilitation institutions are all not-for-profit or Government-owned institutions and serve a high volume of Medicare or Medicaid beneficiaries. (4) Each member of this small group of inpatient rehabilitation institutions has been recognized by the Federal Government for its contributions to cutting-edge research to develop solutions that enhance quality of care, improve patient outcomes, and reduce health care costs. (5) This cohort of inpatient rehabilitation institutions helps to improve the practice and standard of rehabilitation medicine across the Nation by training physicians, medical students, and other clinicians. (6) It is vital that these unique inpatient rehabilitation institutions are supported so they can continue to lead the Nation's efforts to-- (A) advance integrated, multidisciplinary rehabilitation research; (B) provide cutting-edge medical care to the most complex rehabilitation patients; (C) serve as education and training facilities for the physicians, nurses, and other health professionals who serve rehabilitation patients; and (D) ensure Medicare and Medicaid beneficiaries receive state-of-the-art, high-quality rehabilitation care. SEC. 3. INDIRECT COSTS PAYMENT FOR REHABILITATION INNOVATION CENTERS. Section 1886(j) of the Social Security Act (42 U.S.C. 1395ww(j)) is amended-- (1) by redesignating paragraph (8) as paragraph (9); and (2) by inserting after paragraph (7) the following new paragraph: ``(8) Indirect costs payment for rehabilitation innovation centers.-- ``(A) Study relating to additional payments to rehabilitation innovation centers to account for higher costs; authority to increase payments.-- ``(i) Study.--Not later than July 1, 2015, the Secretary shall conduct a study to determine whether there should be an increase in the prospective payment rate that would otherwise be made to a rehabilitation innovation center under this subsection for purposes of covering the additional costs that are incurred by such centers in furnishing items and services to individuals under this title, conducting research, and providing medical training, and if the Secretary determines that such an increase is recommended, the amount of such increase that is needed to cover such additional costs. ``(ii) Authority to increase payments.-- Insofar as the Secretary determines under clause (i) that there should be an increase in the prospective payment rate to rehabilitation innovation centers, the Secretary may provide on a prospective basis for an appropriate percentage increase in such rate. ``(B) Rehabilitation innovation center defined.-- ``(i) In general.--Subject to clause (iv), in this paragraph, the term `rehabilitation innovation center' means a rehabilitation facility that, determined as of the date of the enactment of this paragraph, is described in clause (ii) or clause (iii). ``(ii) Not-for-profit.--A rehabilitation facility described in this clause is a facility that-- ``(I) is classified as a not-for- profit entity under the Centers for Medicare & Medicaid Services 2010 Provider of Services file; ``(II) holds at least one Federal rehabilitation research and training designation for research projects on traumatic brain injury, spinal cord injury, or stroke rehabilitation research from the Rehabilitation Research and Training Centers or the Rehabilitation Engineering Research Center at the National Institute on Disability and Rehabilitation Research at the Department of Education; ``(III) has a minimum Medicare case mix index of 1.1144 according to the IRF Rate Setting File for the Correction Notice for the Inpatient Rehabilitation Facility Prospective Payment System for Federal Fiscal Year 2012 (78 Fed. Reg. 59256); and ``(IV) has at least 300 Medicare discharges per year or at least 200 Medicaid discharges per year. ``(iii) Government-owned.--A rehabilitation facility described in this clause is a facility that-- ``(I) is classified as a Government-owned institution under the Centers for Medicare & Medicaid Services 2010 Provider of Services file; ``(II) holds at least one Federal rehabilitation research and training designation for research projects on traumatic brain injury, spinal cord injury, or stroke rehabilitation research from the Rehabilitation Research and Training Centers, the Rehabilitation Engineering Research Center, or the Model Spinal Cord Injury Systems at the National Institute on Disability and Rehabilitation Research at the Department of Education; ``(III) has a minimum Medicare case mix index of 1.1144 according to the IRF Rate Setting File for the Correction Notice for the Inpatient Rehabilitation Facility Prospective Payment System for Federal Fiscal Year 2012 (78 Fed. Reg. 59256); and ``(IV) has a disproportionate share hospital (DSH) percentage of at least 0.6300 according to the IRF Rate Setting File for the Correction Notice for the Inpatient Rehabilitation Facility Prospective Payment System for Federal Fiscal Year 2012 (78 Fed. Reg. 59256). ``(iv) Authority.--The Secretary may consider applications from inpatient rehabilitation facilities that are not described in clause (ii) or (iii) as of the date of the enactment of this paragraph but who are subsequently so described.''.

Preserving Rehabilitation Innovation Centers Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services (HHS) to study whether there should be an increase in the prospective payment rate for inpatient rehabilitation services that would otherwise be made to a rehabilitation innovation center to cover additional costs incurred in: (1) furnishing items and services to individuals conducting research, and (2) providing medical training. Requires the study also to specify the amount of such an increase if the Secretary determines that it is recommended.

Preserving Rehabilitation Innovation Centers Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Confederated Tribes of the Colville Reservation Grand Coulee Dam Settlement Act''. SEC. 2. DEFINITIONS. As used in this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Bonneville Power Administration. (2) Bonneville power administration.--The term ``Bonneville Power Administration'' means the Bonneville Power Administration of the Department of Energy or any successor agency, corporation, or entity that markets power produced at the Dam. (3) Dam.--The term ``Dam'' means the Grand Coulee Dam-- (A) operated by the Bureau of Reclamation of the Department of the Interior, and (B) with respect to which power is marketed by the Bonneville Power Administration of the Department of Energy. (4) Confederated tribes v. united states.--The term ``Confederated Tribes v. United States'' means the case pending before the United States Court of Federal Claims arising from the claim filed with the Indian Claims Commission with the docket number 181-D that-- (A) was transferred to the United States Court of Federal Claims pursuant to the Federal Courts Improvement Act of 1982 (96 Stat. 25) as Confederated Tribes v. United States (20 Cl. Ct. 31); (B) with respect to which an appeal was filed in the United States Court of Appeals, Federal Circuit (964 F.2d 1102) (Fed. Cir. 1992); and (C) on the basis of the appeal, was remanded in part by the United States Court of Appeals to the United States Court of Federal Claims. (5) Minor.--The term ``minor'' means a child who has not attained the age of 18. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (7) Settlement agreement.--The term ``Settlement Agreement'' means the Settlement Agreement entered into between the United States and the Confederated Tribes of the Colville Reservation, signed by the United States on April 21, 1994, and by the Tribe on April 16, 1994, to settle the claims of the Tribe under Confederated Tribes v. United States. (8) Tribe.--``Tribe'' means the Confederated Tribes of the Colville Reservation, a federally recognized Indian tribe. SEC. 3. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) An action by the Confederated Tribes of the Colville Reservation against the United States is pending before the United States Court of Federal Claims. (2) In such action, the Tribe seeks to recover damages under section 2(5) of the Indian Claims Commission Act (60 Stat. 1050 (formerly 25 U.S.C. 70a(5))) relating to fair and honorable dealings. (3) Although the matter that is the subject of such action is in dispute, the potential liability of the United States is substantial. (4) The claim filed by Tribe with respect to such action alleges that-- (A) after the construction of the Grand Coulee Dam, the United States has used land located in the Colville Reservation in connection with the generation of electric power; (B) the United States will continue to use such land during such time as the Grand Coulee Dam produces power; and (C) the United States has promised to pay the Tribe for the use referred to in subparagraph (A), but has failed to make such payment. (5) After years of litigation, the United States has negotiated a Settlement Agreement with the Tribe that was signed by the appropriate officials of the Department of Justice, the Bonneville Power Administration, and the Department of the Interior. (6) The Settlement Agreement is contingent on the enactment of enabling legislation to approve and ratify the Settlement Agreement. (7) Upon the enactment of this Act, the Settlement Agreement will-- (A) provide mutually agreeable compensation for the past use (as determined under such Agreement) of land of the Colville Reservation in connection with the generation of electric power at Grand Coulee Dam; (B) establish a method to ensure that the Tribe will be compensated for future use (as determined under such Agreement) of land of the Colville Reservation in the generation of electric power at Grand Coulee Dam; -a-n-d -a-p-p-r-o-v-e-d-; and (C) settle the claims of the Tribe against the United States brought under the Indian Claims Commission Act. (b) Purposes.--The purposes of this Act are as follows: (1) To approve and ratify the Settlement Agreement entered into by the United States and the Tribe. (2) To direct the Bonneville Power Administration to carry out the obligations of the Bonneville Power Administration under the Settlement Agreement. SEC. 4. APPROVAL, RATIFICATION AND IMPLEMENTATION OF SETTLEMENT AGREEMENT. (a) In General.--The Settlement Agreement is hereby approved and ratified. (b) Duties of the Bonneville Power Administration.--The Bonneville Power Administration shall-- (1) on an annual basis, make payments to the Tribe in a manner consistent with the Settlement Agreement; and (2) carry out any other obligation of the Bonneville Power Administration under the Settlement Agreement. (c) Implementation of Settlement Agreement.-- (1) In general.--In a manner consistent with the negotiated terms of the Settlement Agreement, the United States shall join in the motion that the Tribe has agreed to file in Confederated Tribes -o-f -C-o-l-v-i-l-l-e -R-e-s-e-r-v-a-t-i-o-n v. United States, for the entry of a compromise final judgment in the amount of $53,000,000.00. (2) Requirements for payment.--The United States shall pay the amount specified in paragraph (1) from funds appropriated pursuant to section 1304 of title 31, United States Code. The amount paid as a judgment may not be -n-o-t reimbursed by the Bonneville Power Administration. SEC. 5. DISTRIBUTION OF THE SETTLEMENT FUNDS. (a) Lump Sum Payment.--The payment made under section 4(c)(1) (including any interest that accrues on the payment) shall be deposited by the Secretary of the Treasury in a trust fund established for the Tribe pursuant to Public Law 93-134 (25 U.S.C. 1401 et seq.) for use by the tribal governing body of the Confederated Tribes of the Colville Reservation, pursuant to a distribution plan developed by the Tribe and approved by the Secretary of the Interior pursuant to section 3 of Public Law 93-134 (25 U.S.C. 1403), except that-- (1) under the distribution plan developed pursuant to this subsection any payment to be made to a minor shall be held by the United States in trust for the minor until the later of-- (A) the date the minor attains the age of 18; or (B) the date of graduation of the secondary school class with respect to which the minor is scheduled to be a member; and (2) the Secretary may, pursuant to regulations prescribed by the Secretary relating to the administration of the Bureau of Indian Affairs, authorize the emergency use of trust funds for the benefit of a minor. (b) Annual Payments.--In addition to the lump sum payment described in subsection (a), the appropriate official of the Federal Government shall make annual payments directly to the Tribe in accordance with the Settlement Agreement. The Tribe may use any amount received as an annual payment under this subsection in the same manner as the Tribe may use any other income received by the Tribe from the lease or sale of natural resources. SEC. 6. REPAYMENT CREDIT. (a) In General.--Beginning with fiscal year 2000, and ending at the end of the last fiscal year during which the Tribe receives an annual payment pursuant to the Settlement Agreement, the Administrator shall deduct from the interest payable to the Secretary of the Treasury from net proceeds (as defined in section 13(b) of the Federal Columbia River Transmission System Act (16 U.S.C. 838(b)) an amount equal to 26 percent of the payment made to the Tribe for the immediately preceding fiscal year. (b) Credit of Interest.-- (1) In general.--Each deduction made under this section shall-- (A) be credited to the amount of interest payments that would otherwise be payable by the Administrator to the Secretary of the Treasury during the fiscal year in which the deduction is made; and (B) be allocated on a pro rata basis to all interest payments on debt associated with the generation function of the Federal Columbia River Power System that are payable during the fiscal year specified in subparagraph (A). (2) Special allocation rule.--If, for any fiscal year a deduction calculated pursuant to -p-a-r-a-g-r-a-p-h -(-1-) subsection (a) would be greater than the amount of interest due on debt associated with the generation function described in paragraph (1)(B) for such fiscal year, the amount by which the deduction exceeds the interest due on debt associated with the generation function shall be allocated on a pro rata basis as a credit -f-o-r to the payment of any other interest that is payable by the Administrator -b-y to the Secretary of the Treasury for such fiscal year. SEC. 7. MISCELLANEOUS PROVISIONS. (a) Liens and Forfeitures.--Funds paid or deposited to the credit of the Tribe pursuant to the Settlement Agreement or this Act, any interest or investment income earned or received on such funds, any payment authorized by the Tribe or the Secretary of the Interior to be made from such funds to members of the Tribe, and any interest or investment income earned on any such payment earned or received and deposited in a trust pursuant to this section for a member of the Tribe, may not be subject to any levy, execution, forfeiture, garnishment, lien, encumbrance, seizure, or taxation by -t-h-e -F-e-d-e-r-a-l -G-o-v-e-r-n-m-e-n-t -o-r a State or political subdivision of a State. (b) Eligibility for Federal and Federally Funded Programs.--None of the funds described in subsection (a) may be treated as income or resources or otherwise used as the basis for denying or reducing the financial assistance or other benefits to which the Tribe, a member of the Tribe, or a household of the Tribe would otherwise be entitled under the Social Security Act (42 U.S.C. 301 et seq.) or any program of the Federal Government or program that receives assistance from the Federal Government. (c) Trust Responsibility.--This Act and the Settlement Agreement may not be construed to affect the trust responsibility of the United States to the Tribe or to any of the members of the Tribe.

Confederated Tribes of the Colville Reservation Grand Coulee Dam Settlement Act - Provides for the settlement of claims by the Confederated Tribes of the Colville Reservation against the United States with regard to compensation for electric power generated by the Grand Coulee Dam.

Confederated Tribes of the Colville Reservation Grand Coulee Dam Settlement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Interstate Slamming Prevention Act of 1997''. SEC. 2. ENHANCEMENT OF PROTECTIONS. (a) Liability for Additional Charges.--Subsection (b) of section 258 of the Communications Act of 1934 (47 U.S.C. 258) is amended-- (1) by striking ``(b) Liability for Charges.--Any telecommunications carrier'' in the first sentence and inserting the following: ``(b) Liability for Charges.-- ``(1) Charges collected after violation.--Any telecommunications carrier''; and (2) by striking the second sentence and inserting the following: ``(2) Fees for changing back.--Any telecommunications carrier described in paragraph (1) shall also be liable to the carrier previously selected by the subscriber concerned for any fees associated with changing the subscriber back to the carrier previously selected, in accordance with such procedures as the Commission may prescribe. ``(3) Relation to other authority.--The remedies provided by this subsection are in addition to any other remedies available by law.''. (b) Additional Penalties.--Such section 258 is further amended by adding at the end the following: ``(c) Additional Penalties.--Any telecommunications carrier that violates the verification procedures described in subsection (a) shall be subject to such additional fines and penalties, including a forfeiture penalty under section 503(b)(1)(B) of this Act, as the Commission shall prescribe.''. (c) Additional Protections.--Such section 258 is further amended by adding at the end the following: ``(d) Additional Protections.--In order to provide subscribers with additional protections against changes in providers of telephone exchange service or telephone toll service in violation of the verification procedures described in subsection (a), the Commission may prescribe the following: ``(1) A requirement that telecommunications carriers establish toll-free telephone numbers in order to permit subscribers to register complaints regarding the execution of such changes in service, including the requirement that calls to such numbers be answered in not more than two minutes. ``(2) A requirement that telecommunications carriers provide the Commission such information relating to the complaints made to such carriers regarding such changes in service as the Commission considers appropriate.''. (d) Deadline for Rulemaking.--The Federal Communications Commission shall prescribe the regulations required by section 258 of the Communications Act of 1934, as amended by this section, not later than April 30, 1998. (e) Reports to Congress.-- (1) Initial report.--Not later than October 31, 1998, the Commission shall submit to Congress a report on unauthorized changes of subscribers' selections of providers of telephone exchange service or telephone toll service. The report shall include the following: (A) A list of the ten telecommunications carriers that, during the one-year period ending on the date of the report, were subject to the highest number of complaints of having executed unauthorized changes of subscribers from their selected providers of telephone exchange service or telephone toll service when compared with the total number of subscribers served by such carriers. (B) The telecommunications carriers, if any, assessed fines or penalties under section 258(c) of the Communications Act of 1934, as added by subsection (c) of this section, during that period, including the amount of each fine or penalty, and whether the fine or penalty was assessed as a result of a court judgment or an order of the Commission or was secured pursuant to a consent decree. (C) Whether or not subscribers should be authorized to bring a private cause of action against telecommunications carriers that change subscriber selections of providers of telephone exchange service or telephone toll service in violation of the procedures prescribed under section 258(a) of the Communications Act of 1934 and, if so, the advisability of establishing minimum statutory penalties for violations addressed by such causes of action. (D) Whether or not the fines and penalties imposed by the Commission under section 258(c) of the Communications Act of 1934, as so added, are sufficient to deter telecommunications carriers from changing subscriber selections of providers of telephone exchange service or telephone toll service in violation of such procedures. (2) Update.--Not later than one year after the date on which the Commission submits the report required by paragraph (1), and each year thereafter, the Commission shall submit to Congress an update of the previous report under this subsection which sets forth the information specified in subparagraphs (A) and (B) of that paragraph for one-year period preceding the date of the report concerned.

Interstate Slamming Prevention Act of 1997 - Amends the Communications Act of 1934 to make telecommunications carriers that execute illegal changes in a subscriber's selection of telephone exchange or toll service liable for any fees associated with changing the subscriber back to the carrier previously selected. Subjects carriers that violate verification procedures with respect to such changes to additional fines and penalties, including a forfeiture penalty. Authorizes the Federal Communications Commission (FCC), in order to provide subscribers with additional protections against such illegal changes, to require carriers to: (1) establish toll-free telephone numbers to register complaints regarding service changes; and (2) provide the FCC with information relating to such complaints. Directs the FCC to report annually to the Congress on unauthorized changes of subscribers' selections of telephone exchange or toll service.

Interstate Slamming Prevention Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Opportunity Grant Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) An educated citizenry is fundamental both for a democratic society and for a productive economy. (2) In today's world a high school education is only the foundation of the lifelong learning process which will permit individuals and nations to prosper in the highly changing international economy of the 21st century. A college education remains an excellent investment both for students and for America. (3) The right of every American to a free, publicly financed education through high school and the responsibility of State and local governments to provide this education is recognized by the basic laws of every State and Commonwealth within the United States. Approximately, 90 percent of all Americans receive their basic education through the locally governed and managed public schools. (4) Postsecondary education, in contrast, is delivered through a diverse system of public and private institutions. Students, families, the Federal Government, States, and the private sector provide the funds for this education through a system which is neither rational nor adequate. A new partnership is necessary which redefines and makes more rational the respective roles of students, families, government, nonprofit, and the private sector in ensuring financial access to the high quality educational opportunities which students are academically prepared to undertake. (5) At the same time that the need for postsecondary education is becoming universal, the cost of this education has increased, causing financial strain for all but the most affluent American families to afford. (6) The interstate mobility of the modern workforce and the integrated nature of the American economy make it appropriate for the national government to expand its contribution to the financing of postsecondary education so that it is a more equal partner with State governments and families in financing postsecondary education. (7) It is therefore important that adequate financial resources are available to assure that every high school graduate has access to the postsecondary training which his or her efforts have qualified them for academically. (8) As the Federal contribution increases, however, it will be necessary to ensure that future increases in the cost of attendance for students, including tuition charges, is constrained so that Federal assistance is directed to the students rather than to the institutions or to State governments. The principle must be that additional Federal support is intended to supplement public resources for education not to substitute Federal dollars for existing State expenditures. (9) It is appropriate that the Federal Government in exchange for the financial assistance provided, require that students meet appropriate academic standards both for initial eligibility and for continuing support. SEC. 3. AMERICAN OPPORTUNITY GRANTS. (a) Designation of Program; Eligible Institutions.--Section 401(a) of the Higher Education Act of 1965 (20 U.S.C. 1070a(a)) is amended by striking paragraph (3) and inserting the following: ``(3) Basic grants made under this subpart shall be known as `American Opportunity Grants'. ``(4) Notwithstanding section 481, for purposes of this section the terms `eligible institution' and `institution of higher education' have the meaning given the term `institution of higher education' by section 1201 of this Act.''. (b) Revision of Grant Program.--Section 401(b) of the Higher Education Act of 1965 (20 U.S.C. 1070a(b)) is amended by striking paragraphs (2) through (5) and inserting the following: ``(2) Determination of amount of grant.--The amount of the basic grant for a student eligible under this part for academic year 1998-1999 is determined on the basis of the adjusted income of the student's family and is equal to the sum of the basic award, the `B' average merit award, and the public service award as determined under the following table: ---------------------------------------------------------------------------------------------------------------- The ``B'' The public If the adjusted income is-- The basic average merit service award award is-- award is-- is-- ---------------------------------------------------------------------------------------------------------------- Less than $10,000............................................... $3,000 $1,000 $1,000 10,001 to 15,000................................................ 2,950 900 1,000 15,001 to 20,000................................................ 2,900 800 1,000 20,001 to 25,000................................................ 2,850 800 1,000 25,001 to 30,000................................................ 2,800 700 1,000 30,001 to 35,000................................................ 2,750 600 1,000 35,001 to 40,000................................................ 2,700 500 1,000 40,001 to 45,000................................................ 2,650 500 1,000 45,001 to 50,000................................................ 2,600 500 1,000 50,001 to 55,000................................................ 2,550 500 1,000 55,001 to 60,000................................................ 2,450 500 1,000 60,001 to 65,000................................................ 2,200 500 1,000 65,001 to 70,000................................................ 1,700 500 1,000 70,001 to 75,000................................................ 1,000 500 1,000 75,001 to 80,000................................................ 500 500 1,000 80,001 to 90,000................................................ 0 500 1,000 More than 90,000................................................ 0 0 0 ---------------------------------------------------------------------------------------------------------------- ``(3) Limitations on calculations.-- ``(A) Cost of attendance limitations on calculations.--Notwithstanding paragraph (2)-- ``(i) the basic award determined under the table contained in such paragraph shall not exceed 50 percent of the cost of attendance for the eligible student; and ``(ii) the `B' average merit award determined under such table shall not exceed 15 percent of such cost of attendance. ``(B) Grade recognition.--A student is eligible for a `B' average merit award for any academic year immediately following an academic year for which the student has maintained a grade average of `B' or better (or the equivalent of such a grade as determined in accordance with regulations prescribed by the Secretary), except that no institution may grant such a merit award to more than one-half of its students for any academic year. ``(C) Service recognition.--A student is eligible for a public service award for any academic year immediately following an academic year in which the student has performed 195 or more hours of qualifying public service (as determined in accordance with regulations prescribed by the Secretary). ``(D) Determination of adjusted income.--For purposes of subparagraph (A), a family's adjusted income is equal to the sum of-- ``(i) the family's adjusted gross income; and ``(ii) a contribution from assets determined by-- ``(I) determining net worth in the manner required by sections 475(d)(2), 476(c)(2), and 477(c)(2); ``(II) subtracting any portion of such net worth that is attributable to farm assets, a tax-deferred retirement savings account or plan (as defined by the Secretary by regulation); and ``(III) subtracting $50,000; except that such contribution from assets shall not be less than zero. ``(3) Baseline expenditure and revenue limitations.-- ``(A) In general.--In order to be an eligible institution under the American Opportunity Grant program, the governing authority of the institution of higher education shall certify to the Secretary that-- ``(i) the institution has maintained-- ``(I) an average annual expenditure for the applicable academic year that is at least equal to the average annual expenditure per full-time equivalent student for the 3 preceding academic years; or ``(II) an annual education and general expenses expenditure for the applicable academic year that is at least equal to the average annual education and general expenses expenditure for the 3 preceding academic years; and ``(ii) the tuition increase (if any) for the applicable academic year does not exceed 120 percent the average annual tuition increase for all similar institutions for the 3 preceding academic years, as determined in accordance with regulations prescribed by the Secretary. ``(B) Review of certification.--The review of such certification by the Secretary shall be limited to such criteria which the Secretary believes necessary to assure that enhanced Federal assistance has not been used to supplant existing funding by the institution. ``(C) Waivers.--The Secretary may waive the requirements of this paragraph if the review conducted under subparagraph (B) demonstrates that the failure to comply was caused by extraordinary and compelling circumstances. ``(4) Part-time study.--In any case where a student attends an institution of higher education on less than a full-time basis (excluding a student who attends an institution of higher education on less than a half-time basis) during any academic year, the amount of the basic grant to which that student is entitled shall be reduced in proportion to the degree to which that student is not so attending on a full-time basis, in accordance with a schedule of reductions established by the Secretary for the purposes of this division, computed in accordance with this subpart. Such schedule of reductions shall be established by regulation and published in the Federal Register in accordance with section 482 of this Act. (c) Period of Eligibility.--Section 401(c) of the Higher Education Act of 1965 (20 U.S.C. 1070a(c)) is amended to read as follows: ``(c) Period of Eligibility.-- ``(1) Baccalaureate degree students.--An undergraduate student enrolled full-time in a program leading to a baccalaureate degree shall be entitled to 4 academic years of support, if the student is certified prior to the beginning of each academic term as making satisfactory progress toward such degree. The Secretary shall promulgate regulations for providing an equivalent period of support for less than full- time students. ``(2) Nonbaccalaureate degree students.--An undergraduate student who is not enrolled full-time in a program leading to a baccalaureate degree shall be entitled to up to 2 terms of support, each of which may not exceed 1 year in length. The Secretary shall promulgate regulations for providing an equivalent period of support for less than full-time students. ``(3) Single grant.--No student is entitled to receive a basic grant concurrently from more than 1 institution for any academic year. (d) Effective Dates.--Except as provided in section 4, the amendments made by this section shall be effective with respect to grants to students for academic years beginning on or after July 1, 1998. SEC. 4. PRESERVATION OF PELL GRANTS FOR PROPRIETARY SCHOOL STUDENTS. (a) In General.--Notwithstanding the amendments made by section 3 of this Act, students attending proprietary institutions of higher education or postsecondary vocational institutions (as such terms are defined in section 481 of the Higher Education Act of 1965 (20 U.S.C. 1088)) shall continue to be eligible to receive Pell grants in accordance with section 401 of such Act as in effect on the day before the date of enactment of this Act, except that the maximum grant under subsection (b)(2)(A) of such section 401 shall be $2,500. (b) GAO Evaluation.--Within 18 months after such date of enactment, the Comptroller General shall submit a report to the Economic and Educational Opportunities Committee of the House of Representatives and the Labor and Human Resources Committee of the Senate a report evaluating the financial aid needs of students attending the institutions described in subsection (a), and containing such alternatives and recommendations as the Comptroller General considers appropriate to address those financial aid needs. SEC. 5. EVALUATION. Section 491 of the Higher Education Act of 1965 (20 U.S.C. 1098) is amended by adding at the end the following new subsection: ``(m) American Opportunity Grant Study.--The Advisory Committee shall conduct a study of the baseline expenditure and revenue limitations contained in section 401(b)(3) of this Act and the need for any modifications to such limitations. Such report shall include recommendations to restrain the annual rate of tuition increases and increases in the cost of attendance. The Advisory Committee shall submit a report on the results of such study to the Congress not later than December 31, 1998.''. SEC. 6. COMMISSION ON CORPORATE WELFARE. (a) Purpose.--It is the purpose of this section to establish a Commission on Corporate Welfare. (b) Establishment.--There is hereby established an independent agency in the executive branch a commission to be known as the Commission on Corporate Welfare (hereafter in this section to be referred to as the ``Commission''). (c) Membership.--The Commission shall be composed of 7 members, 3 whom shall be appointed by the President from the business community, one of whom shall be appointed by the Speaker of the House of Representatives, 1 of whom shall be appointed by the minority leader of the House of Representatives, one of whom shall be appointed by the majority leader of the Senate, and 1 of whom shall be appointed by the minority leader of the Senate. The members of the Commission shall be appointed not later than 30 days after enactment of this Act. Members of the Commission shall be appointed for the life of the Commission and any vacancy shall be filled in the manner of the original appointment. The Commission shall select a chairperson from among its members. (d) Meetings.--The Commission shall meet at the call of the chair, and 5 members shall constitute a quorum, but a lesser number may hold hearings. (e) Duties.--The Commission shall recommend changes in existing law relating to Federal expenditures and revenues that would reduce direct or indirect subsidies to corporations that in total produce a net savings that would fully offset the expenditures resulting from section 3 of this Act, as determined by the Congressional Budget Office. (f) Report and Recommendations.--The Commission shall submit a final report to the President and the Congress on the Commission's recommendations within 6 months of the date of enactment of this Act. (g) Powers of the Commission.-- (1) Hearings.--The Commission may hold hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out the purposes of this part. (2) Information from federal agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out the provisions of this section. (h) Authorization of Appropriations.--There are hereby authorized to be appropriated $1,000,000 to carry out this section for fiscal year 1997. Amounts available under this section are authorized to remain available until expended. (i) Staff and Expenses.--The Chairperson of the Commission may without regard to the civil service laws and regulations, appoint and terminate an executive director and 6 staff members to enable the Commission to perform its duties. The employment of the executive director shall be subject to confirmation by the Commission. The Chairperson of the Commission shall fix the compensation of the executive director and staff members without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and such staff shall not exceed the rate payable for level 15 of the General Schedule classified under section 5107 of such title. (j) Termination.--The Commission shall terminate 30 days after the completion of the final report.

American Opportunity Grant Act - Amends the Higher Education Act of 1965 to rename basic educational opportunity grants (currently, Federal Pell Grants) as American Opportunity Grants for students at institutions of higher education. Revises the determination of the amount of such a grant. Sets forth formulas based on adjusted incomes and amounts of the basic awards, and of the additional "B" average merit awards and public service awards. Sets forth limitations relating to calculations of individual grant awards. Sets forth baseline expenditure and revenue limitations on institutional eligibility for participation in such grants program. Revises provisions relating to individual periods of eligibility. (Sec. 4) Preserves Pell Grant eligibility provisions with respect to students attending proprietary institutions of higher education or postsecondary vocational school. Sets the maximum grant in such cases at $2,500. Directs the Comptroller General to evaluate and report to specified congressional committees on the financial aid needs of students attending such institutions, with recommendations for appropriate alternatives. (Sec. 5) Directs the Advisory Committee on Student Financial Assistance to study and report to the Congress on the baseline expenditure and revenue limitations for institutional eligibility to participate in the grants program under this Act, including recommendations to restrain the annual rate of tuition increases and increases in the cost of attendance. (Sec. 6) Establishes a Commission on Corporate Welfare to report to the President and the Congress and to recommend changes in existing law relating to Federal expenditures and revenues that would: (1) reduce direct or indirect subsidies to corporations; and (2) produce, in total, a net savings that would fully offset expenditures resulting from the American Opportunity Grants program under this Act. Authorizes appropriations.

American Opportunity Grant Act

SECTION 1. FINDINGS. Congress finds the following: (1) The Washington Metropolitan Area Transit Authority (``WMATA'') provides approximately 2.3 million Metrorail and Metrobus trips per year across the National Capital Region to Federal employees, commuters, and millions of visitors to the Nation's capital. (2) Approximately 40 percent of WMATA peak-hour commuters are Federal employees. (3) WMATA began building its rail system in 1969 and currently serves 91 stations and has 117 miles of track. (4) The Federal Transit Administration (``FTA'') and the National Transportation Safety Board (``NTSB'') have found significant safety concerns resulting from a backlog of deferred maintenance. (5) By closing the system earlier on weekends and expanding weekday maintenance, SafeTrack will address FTA and NTSB safety recommendations and deferred maintenance backlogs. (6) The plan includes 15 ``Safety Surges'' with around-the- clock single tracking or segment shutdowns that will impact rush hour commutes. (7) SafeTrack is scheduled to conclude in March 2017. (8) During the course of SafeTrack, WMATA is encouraging customers to utilize other commuting options, including ride- sharing services. (9) The Federal Government, which is negatively affected when its employees cannot easily commute to and from work, has an interest in assisting employees with alternate commuting options during the course of SafeTrack. SEC. 2. RIDE-SHARING SERVICES PROVIDED BY A TRANSPORTATION NETWORK COMPANY. (a) In General.--Paragraph (1) of section 132(f) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``, or through the qualified use of services provided by a transportation network company,''. ``(E) Any qualified ride-sharing service provided after the date of the enactment of this subparagraph and before June 1, 2017.''. (b) Qualified Ride-Sharing Services.--Paragraph (5) of section 132(f) of such Code is amended by adding at the end the following: ``(G) Qualified ride-sharing service.-- ``(i) In general.--The term `qualified ride-sharing service' means transportation provided through a transportation network company if-- ``(I) such transportation is in connection with travel between the employee's residence and place of employment, both of which are located within the Washington Metropolitan Area, ``(II) the employee is an employee of a Government agency and receives transit benefits from the agency, and ``(III) such transportation is through the use of services that utilize innovative mobility technologies to provide alternatives to driving alone, including car-share, bike-share, carpool or vanpool, multimodal fare payment system, app- based mobility provider, and other innovative projects. ``(ii) Washington metropolitan area.--The term `Washington Metropolitan Area' means the District of Columbia; Montgomery, Prince George's, and Frederick Counties in Maryland; Arlington, Fairfax, Loudon, and Prince William Counties in Virginia; and all cities now or hereafter existing in Maryland or Virginia within the geographic area bounded by the outer boundaries of the combined area of said counties.''. (c) Limitation on Exclusion.--Paragraph (2) of section 132(f) of such Code is amended by striking ``subparagraphs (A) and (B)'' and inserting ``subparagraphs (A), (B), and (D)''. (d) Effective Date.--The amendments made by this section shall apply to payments made after the date of the enactment of this Act. SEC. 3. TRANSIT BENEFITS FOR SERVICES OF TRANSPORTATION NETWORK COMPANIES. (a) In General.--During the period beginning on the date of enactment of this Act and ending on June 1, 2017, or a date determined under subsection (d), whichever is earlier, the head of any agency that has a program, including any program established under section 7905 of title 5, United States Code, or Executive Order 13150 (April 21, 2000; 65 Fed. Reg. 24613), to provide transit benefits to employees of the agency shall provide transit benefits to employees who use the services of transportation network companies within the Washington Metropolitan Area in the same manner as such head provides transit benefits to employees who use public transportation services within the Washington Metropolitan Area. (b) Requirements.-- (1) Election.--An employee may receive transportation network companies benefits under this section only if the employee agrees in writing not to accept any other transit benefit, including any parking benefit, offered by the applicable agency head while receiving such transportation network companies benefits. (2) Limit.--The amount of the transit benefit provided to an employee under this section during any month for the use of the services of transportation network companies may not exceed the amount of the transit benefit that would have been provided to the employee during the month for the use of public transportation services. (c) Definitions.--In this section-- (1) the term ``transportation network company'' means a corporation, limited liability company, partnership, sole proprietor, or any other entity that utilizes innovative mobility technologies to provide alternatives to driving alone, including car-share, bike-share, carpool or vanpool, multimodal fare payment system, app-based mobility providers, and other innovative projects; and (2) the term ``Washington Metropolitan Area'' means the District of Columbia; Montgomery, Prince George's, and Frederick Counties in Maryland; Arlington, Fairfax, Loudon, and Prince William Counties in Virginia; and all cities now or hereafter existing in Maryland or Virginia within the geographic area bounded by the outer boundaries of the combined area of said counties. (d) Early Completion of SafeTrack.--If the program conducted by the Washington Metropolitan Area Transit Authority (commonly referred to as ``SafeTrack'') is completed on a date before June 1, 2017, an agency head shall, beginning on such date, discontinue the provision of transit benefits for the use of transportation network companies under this section.

This bill amends the Internal Revenue Code to treat any qualified ride-sharing service provided after the date of the enactment of this bill and before June 1, 2017, as a qualified transportation fringe benefit that is excluded from an employee's gross income. A qualified ride-sharing service is transportation provided through a transportation network company if: the transportation is in connection with travel between the employee's residence and place of employment, both of which are located within the Washington Metropolitan Area; the employee is an employee of a government agency and receives transit benefits from the agency; and the transportation is through the use of services that utilize innovative mobility technologies to provide alternatives to driving alone. The benefit is subject to a limit on the aggregate amount of certain transportation fringe benefits that may be excluded from gross income. During the period beginning with the enactment of this bill and ending on the earlier of June 1, 2017, or the completion of the Washington Metropolitan Area Transit Authority's maintenance program (commonly referred to as "SafeTrack"), agencies that provide transit benefits to employees must provide benefits for using transportation network companies within the Washington Metropolitan Area in the same manner as benefits are provided for using public transportation services in the area.

To amend the Internal Revenue Code of 1986 to treat certain ride-sharing services provided by transportation network companies as excludable transportation fringe benefits, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Disease Cluster Assistance Act''. SEC. 2. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 3. COMMUNITY DISEASE CLUSTER TECHNICAL ASSISTANCE GRANTS. (a) In General.--The Administrator, in coordination with the Secretary may award grants in accordance with this Act to any individual or group of individuals that may be affected by a reported community-based disease cluster-- (1) to pay the Federal share of the technical assistance described in subsection (d); (2) to protect public health and the environment; (3) to promote healthy and safe environments; and (4) to prevent and address harmful exposures to hazardous substances. (b) Application.-- (1) In general.--To be eligible for a grant under this Act, an individual or group of individuals shall submit to the Administrator and the Secretary an application that contains a description of the-- (A) need for technical assistance, including the need to procure independent technical advisors to help grant recipients interpret the information described in subsection (d); (B) expected outputs, including results, effects, or consequences that will occur from the technical assistance; and (C) expected outcomes, including activity, effort, or associated work products that will be produced or provided over a period of time or by a specific date. (2) Response.--Not later than 120 days after the date on which an application is submitted under paragraph (1), the Administrator and the Secretary shall respond to each applicant in writing and describe whether the application is approved, denied, or will be considered after the applicant modifies the application. (3) Criteria.--The Administrator, in coordination with the Secretary, shall develop criteria that, if satisfied, would result in the Administrator and the Secretary accepting an application submitted under paragraph (1). (c) Amount.-- (1) In general.--Except as provided in paragraph (2), each grant awarded under this Act shall not exceed $50,000. (2) Waiver.--The Administrator, in coordination with the Secretary, may waive the limitation described in paragraph (1) if the waiver is necessary to provide the technical assistance described in subsection (d). (d) Use of Funds.--Grants awarded under this Act shall be used to obtain technical assistance in interpreting information regarding-- (1) investigating reported community-based disease clusters associated with 1 or more hazardous chemicals; (2) the potential hazardous chemicals associated with a reported community-based disease cluster; (3) providing individuals or groups of individuals with community-based tools to educate the individuals on the mitigation of hazardous chemicals associated with reported community-based disease clusters; or (4) other scientific and technical issues related to reported community-based disease clusters. (e) Number of Grants.--No individual or group of individuals shall be awarded more than 1 grant under this Act. (f) Non-Federal Share.-- (1) In general.--Except as provided in paragraph (2), the non-Federal share for each grant awarded under this Act is 20 percent. (2) Waiver.--The Administrator, in coordination with the Secretary, may waive the non-Federal share described in paragraph (1) if-- (A) the recipient of the grant demonstrates financial need; and (B) the waiver is necessary to provide the technical assistance described in subsection (d). (g) Renewal of Grant.-- (1) In general.--Any grant awarded under this Act may be renewed to facilitate technical assistance to any group of individuals that may be affected by a reported community-based disease cluster. (2) Conditions.--Each renewal of a grant awarded under this Act is subject to the same conditions that apply to an initial grant. (h) Reports.--Any recipient of a grant awarded under this Act shall submit to the Administrator and the Secretary a report that describes the progress in addressing the needs and achieving the outputs and outcomes described in subsection (b). SEC. 4. AUTHORIZATION OF APPROPRIATIONS. For each of fiscal years 2013 through 2018, there are authorized to be appropriated to the Administrator and the Secretary from any funds made available to the Administrator and the Secretary for the purpose of providing community members with technical assistance and engagement on environmental health issues from the Hazardous Substance Superfund established under section 9507 of the Internal Revenue Code of 1986 such sums as are necessary to carry out section 3. SEC. 5. EFFECT ON OTHER LAWS. Nothing in this Act modifies, limits, or otherwise affects the application of, or obligation to comply with, any law, including any environmental or public health law.

Community Disease Cluster Assistance Act - Authorizes the Administrator of the Environmental Protection Agency (EPA), in coordination with the Secretary of Health and Human Services (HHS), to award grants to any individual or group of individuals that may be affected by a reported community-based disease cluster. Requires such grants to be used to obtain technical assistance in interpreting information regarding: (1) investigating such reported disease clusters associated with hazardous chemicals, (2) the potential hazardous chemicals associated with a reported disease cluster, (3) providing individuals or groups with community-based tools to educate them about the mitigation of hazardous chemicals associated with reported disease clusters, or (4) other scientific and technical issues related to reported disease clusters.

Community Disease Cluster Assistance Act

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Better Eating for Better Living Act of 2003''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. TITLE I--AMENDMENTS TO RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT Sec. 101. Reimbursement for school lunches. Sec. 102. Nutritional quality of school meals. TITLE II--AMENDMENTS TO CHILD NUTRITION ACT OF 1966 Sec. 201. Funding for nutrition education. TITLE III--EFFECTIVE DATE Sec. 301. Effective date. SEC. 2. FINDINGS. Congress finds that-- (1) heart disease, cancer, stroke, and diabetes are responsible for \2/3\ of deaths in the United States; (2) the major risk factors for those diseases and conditions are established in childhood through unhealthy eating habits, physical inactivity, obesity, and tobacco use; (3) obesity rates have doubled in children and tripled in adolescents over the last 2 decades; (4) today, 1 in 7 young people are obese, and 1 in 3 are overweight; (5) obese children are twice as likely as nonobese children to become obese adults; (6) overweightness and obesity can result in physical, psychological, and social consequences, including heart disease, diabetes, cancer, depression, decreased self-esteem, and discrimination; (7) only 2 percent of children consume a diet that meets the 5 main recommendations for a healthy diet from the Food Guide Pyramid published by the Secretary of Agriculture; (8) 3 out of 4 high school students in the United States do not eat the recommended 5 or more servings of fruits and vegetables each day; and (9) 3 out of 4 children in the United States consume more saturated fat than is recommended in the Dietary Guidelines for Americans published by the Secretary of Agriculture. TITLE I--AMENDMENTS TO RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT SEC. 101. REIMBURSEMENT FOR SCHOOL LUNCHES. Section 4(b)(2) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1753(b)(2)) is amended by striking ``10.5'' and inserting ``20.5''. SEC. 102. NUTRITIONAL QUALITY OF SCHOOL MEALS. (a) Revision of Meal Guidelines.--Section 9(a)(1) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(a)(1)) is amended by adding at the end the following: ``(C) Revision of nutritional guidelines.-- ``(i) In general.--The Secretary, in collaboration with experts in nutrition, school health, food service, and school administration, shall, not later than July 31, 2004, and every 5 years thereafter-- ``(I) review the nutritional guidelines applicable to meals served under the school lunch program under this Act, taking into consideration-- ``(aa) advances in the field of nutrition; ``(bb) identified public health risks relating to inadequate nutrition and overconsumption; and ``(cc) the needs of student populations covered by programs under this Act; and ``(II) issue revised nutritional guidelines, as necessary, including guidelines with respect to-- ``(aa) the content of meals served of calories, fat (including types of fat), added sugars, fiber, sodium, vitamins, and minerals; ``(bb) the variety of foods offered; ``(cc) the availability of fruits and vegetables; and ``(dd) the cultural appropriateness of foods offered. ``(ii) Applicability.--Revised nutritional guidelines issued by the Secretary under clause (i) shall apply to meals served under the school lunch program under this Act on and after the date that is 2 years after the date of issuance of the revised nutritional guidelines.''. (b) Fluid Milk.--Section 9(a)(2) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(a)(2)) is amended by striking subparagraph (B) and inserting the following: ``(B)(i) at a minimum, shall offer students a choice of lowfat or nonfat fluid milk; and ``(ii) in addition to the type of fluid milk offered under clause (i), may offer such other varieties of fluid milk as are-- ``(I) consistent with expressed preferences of the student population; and ``(II) reasonably equivalent in calcium, protein, vitamin A, and vitamin K content and cost.''. TITLE II--AMENDMENTS TO CHILD NUTRITION ACT OF 1966 SEC. 201. FUNDING FOR NUTRITION EDUCATION. Section 19(i) of the Child Nutrition Act of 1966 (42 U.S.C. 1788 (i)) is amended-- (1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (2) by striking ``(i) Authorization of Appropriations.--'' and all that follows through paragraph (1) and inserting the following: ``(i) Funding.-- ``(1) Payments.--Out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary of Agriculture to carry out this section, to remain available until expended-- ``(A) on October 1, 2003, $10,000,000; ``(B) on October 1, 2004, $15,000,000; and ``(C) on October 1, 2005, $20,000,000. ``(2) Receipt and acceptance.--The Secretary shall be entitled to receive, shall accept, and shall use to carry out this section the funds transferred under paragraph (1), without further appropriation. ``(3) Grants.-- ``(A) In general.--Subject to subparagraph (B), grants to each State from the amounts made available under paragraph (1) shall be based on a rate of \1/2\ cent per average daily number of meals served, to be allocated among State, district, and school food service and health education authorities, as determined by the Secretary. ``(B) Minimum amount.--The minimum amount of a grant provided to a State for a fiscal year under this section shall be $200,000, as adjusted in accordance with section 11(a)(3)(B) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1759a(a)(3)(B)).''. TITLE III--EFFECTIVE DATE SEC. 301. EFFECTIVE DATE. This Act and the amendments made by this Act take effect on October 1, 2003.

Better Eating for Better Living Act of 2003 - Amends the Child Nutrition Act of 1966 (CNA) and the Richard B. Russell National School Lunch Act (NSLA) to revise school lunch programs with respect to reimbursement rates, nutrition guidelines, milk guidelines, and funds for nutrition education and training. Amends NLSA to increase the reimbursement rate for school lunches by ten cents per meal (from 10.5 to 20.5). Directs the Secretary of Agriculture (Secretary) to evaluate nutrition guidelines for school meals, and issue any necessary revised guidelines, every five years. Revises milk guidelines. Requires schools, at a minimum, to offer students a choice of low fat or nonfat fluid milk. Allows schools, in addition, to offer any other varieties of fluid milk that are: (1) consistent with expressed preferences of the student population; and (2) reasonably equivalent in calcium, protein, vitamin A, and vitamin K content and cost. Amends CNA to direct the Secretary of the Treasury to transfer to the Secretary specified amounts of funds for implementing and administering nutrition education and training programs. Requires grants to each State from such amounts to be: (1) based on a rate of 1/2 cent per average daily number of meals served; and (2) allocated among State, district, and school food service and health education authorities, as determined by the Secretary. Sets a minimum grant amount.

A bill to amend the Child Nutrition Act of 1966 and the Richard B. Russell National School Lunch Act to improve the nutrition and health of children in the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Business Risk Mitigation and Price Stabilization Act of 2011''. SEC. 2. MARGIN RULES. (a) Commodity Exchange Act Amendments.--The Commodity Exchange Act (7 U.S.C. 1 et seq.) is amended-- (1) in section 1a(33)(A), as added by section 721(a)(6) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, by amending clause (ii) to read as follows: ``(ii) whose outstanding swaps create substantial net counterparty exposure that could have serious adverse effects on the financial stability of the United States banking system or financial markets; or''; and (2) in section 4s(e), as added by section 731 of the Dodd- Frank Wall Street Reform and Consumer Protection Act, by adding at the end the following new paragraphs: ``(4) Applicability with respect to counterparties.--The margin requirements of this subsection shall not apply to swaps in which 1 of the counterparties is not-- ``(A) a swap dealer or major swap participant; ``(B) an investment fund that-- ``(i) has issued securities, other than debt securities, to greater than five unaffiliated persons; ``(ii) would be an investment company (as defined in section 3 of the Investment Company Act of 1940 (15 U.S.C. 80a-3)) but for paragraph (1) or (7) of section 3(c) of that Act (15 U.S.C. 80a-3(c)); and ``(iii) is not primarily invested in physical assets (which shall include commercial real estate) directly or through interest in its affiliates that own such assets; ``(C) an entity defined in section 1303(20) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4502(20)); or ``(D) a commodity pool. ``(5) Margin transition rules.--Swaps entered into before the date upon which final rules must be published under section 712(e) of the Wall Street Transparency and Accountability Act of 2010 are exempt from the margin requirements of this subsection.''. (b) Securities Exchange Act of 1934 Amendments.--The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is amended-- (1) in section 3(a)(67)(A), as added by section 761(a)(6) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, by amending clause (ii) to read as follows: ``(ii) whose outstanding security-based swaps create substantial net counterparty exposure that could have serious adverse effects on the financial stability of the United States banking system or financial markets; or''; and (2) in section 15F(e), as added by section 764(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, by adding at the end the following new paragraphs: ``(4) Applicability with respect to counterparties.--The margin requirements of this subsection shall not apply to security-based swaps in which one of the counterparties is not-- ``(A) a security-based swap dealer or major security-based swap participant; ``(B) an investment fund that would be an investment company (as defined in section 3 of the Investment Company Act of 1940 (15 U.S.C. 80a-3)) but for paragraph (1) or (7) of section 3(c) of that Act (15 U.S.C. 80a-3(c)); ``(C) primarily invested in physical assets (which shall include commercial real estate) directly or through interest in its affiliates that own such assets; ``(D) an entity defined in section 1303(20) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4502(20)); or ``(E) a commodity pool. ``(5) Margin transition rules.--Security-based swaps entered into before the date upon which final rules must be published under section 712(a)(5) of the Wall Street Transparency and Accountability Act of 2010 are exempt from the margin requirements of this subsection.''. (c) Effective Date.--The amendments made by this section shall take effect as if included in the provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act to which they relate.

Business Risk Mitigation and Price Stabilization Act of 2011 - Amends the Commodity Exchange Act (CEA) and the Securities Exchange Act of 1934 to revise the element of the definition of a major swap participant which states that the participant's outstanding swaps create substantial counterparty exposure that could have serious adverse effects on the financial stability of the U.S. banking system or financial markets. Specifies "net" counterparty exposure, thus stating that the major swap participant's outstanding swaps create substantial net counterparty exposure that could have serious adverse effects on the financial stability of the U.S. banking system or financial markets. Declares capital and margin requirements governing swap dealers and major swap participants inapplicable to swaps in which one of the counterparties is not: (1) a swap dealer or major swap participant; (2) a specified kind of investment fund; (3) a commodity pool; or (4) the Federal National Mortgage Association (Fannie Mae) or any affiliate, the Federal Home Loan Mortgage Corporation (Freddie Mac) or any affiliate, or a Federal Home Loan Bank. Exempts from margin requirements under the CEA and the Securities Exchange Act of 1934 any swaps entered into before the date upon which specified final rules must be published under the Wall Street Transparency and Accountability Act of 2010, title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act.

To provide end user exemptions from certain provisions of the Commodity Exchange Act and the Securities Exchange Act of 1934, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Marine Sanctuaries Renewal Act of 1996''. SEC. 2. REAUTHORIZATION OF THE NATIONAL MARINE SANCTUARIES ACT. The National Marine Sanctuaries Act (16 U.S.C. 1431-1445a) is amended as follows: (1) In subsection 311(b) (16 U.S.C. 1442(b)), by adding after the first sentence the following: ``The Secretary may also create, or participate in the creation of, nonprofit organizations to solicit donations to carry out the purposes and policies of this title.''. (2) In subsection 311(c) (16 U.S.C. 1442(c)), by adding at the end of the subsection the following: ``The Secretary is authorized to recruit, train, and accept the services of individuals without compensation as volunteers, and may provide for incidental expenses such as transportation, uniforms, lodging, and subsistence of such volunteers. The provisions of 16 U.S.C. 742f(c)(3)-(5) shall apply to such volunteers.''. (3) In section 313 (16 U.S.C. 1444), by striking ``and'' in paragraph (3) and inserting ``; and (5) such sums as may be necessary for fiscal years 1997, 1998, 1999, and 2000'' before the period. (4) In section 315(e)(3) (16 U.S.C. 1445a(e)(3)), by adding before the period ``; such notice, however, need only be published locally in the case of an advisory council established to provide assistance to a particular sanctuary''. (5) By adding the following new sections after section 315: ``SEC. 316. ENHANCING SUPPORT FOR NATIONAL MARINE SANCTUARIES. ``(a) In General.--To augment appropriations and enhance funding for the designation and management of national marine sanctuaries, the Secretary is authorized to develop, market, and sell symbols under this section and products under section 317. ``(b) Program.--The Secretary's authority under this section specifically includes-- ``(1) the creation, adoption, and publication in the Federal Register by the Secretary of a symbol for the national marine sanctuary program, or for individual national marine sanctuaries; ``(2) the solicitation of persons to be designated as official sponsors of the national marine sanctuary program or of individual national marine sanctuaries; ``(3) the designation of persons by the Secretary as official sponsors of the national marine sanctuary program or of individual sanctuaries; ``(4) the authorization by the Secretary of the use of any symbol published under paragraph (1) by official sponsors of the national marine sanctuary program or of individual national marine sanctuaries; ``(5) the establishment of prices and collection by the Secretary of monetary and/or in-kind payments from official sponsors for the manufacture, reproduction, or use of the symbols published under paragraph (1); ``(6) the establishment of a special interest-bearing revolving fund; ``(7) the retention of any monetary proceeds collected under paragraph (5) by the Secretary in the fund established under paragraph (6); and ``(8) the use of in-kind proceeds collected under paragraph (5) by the Secretary, and the expenditure of any amounts in the fund established under paragraph (6), without appropriation, by the Secretary to designate and manage national marine sanctuaries. ``(c) Contract Authority.--The Secretary may contract with any person for the creation of symbols or the solicitation of official sponsors under subsection (b). ``(d) Restrictions.--The Secretary may restrict the use of the symbols published under subsection (b), and the designation of official sponsors of the national marine sanctuary program or of individual national marine sanctuaries to ensure compatibility with the goals of the national marine sanctuary program. ``(e) Property of the United States.--Any symbol which is adopted by the Secretary and published in the Federal Register under subsection (b) is deemed to be the property of the United States. ``(f) Prohibited Activities.--It is unlawful for any person-- ``(1) designated as an official sponsor to influence or seek to influence any decision by the Secretary or any other Federal official related to the designation or management of a national marine sanctuary, except to the extent that a person who is not so designated may do so; ``(2) to represent himself or herself to be an official sponsor absent a designation by the Secretary; ``(3) to manufacture, reproduce, or use any symbol adopted by the Secretary absent designation as an official sponsor and without payment of monetary and/or in-kind proceeds to the Secretary; or ``(4) to violate any regulation promulgated by the Secretary under this section. ``(g) Definition.--The term `official sponsor' means any person designated by the Secretary who is authorized to manufacture, reproduce, or use any symbol created, adopted, and published in the Federal Register under this section for monetary and/or in-kind proceeds paid to the Secretary. ``SEC. 317. CREATION AND SALE OF NATIONAL MARINE SANCTUARY PRODUCTS. ``(a) Authorization.--The Secretary is authorized to create, market, and sell products to promote the National Marine Sanctuary Program and may enter into exclusive or nonexclusive agreements authorizing entities to create, market and/or sell such products on the Secretary's behalf. ``(b) Proceeds.--The proceeds from sale of these products shall be deposited in the interest bearing revolving fund established by section 316(b)(6). ``(c) Expenditure.--The Secretary may expend the proceeds from sale of National Marine Sanctuary products deposited in the revolving fund established by section 316(b)(6) and interest, without appropriation, to designate and manage national marine sanctuaries.''.

National Marine Sanctuaries Renewal Act of 1996 - Amends the National Marine Sanctuaries Act to authorize the Secretary of Commerce to: (1) create, or participate in the creation of, nonprofit organizations to solicit donations to carry out the Act; and (2) recruit, train, and accept volunteer services and provide for incidental expenses such as transportation, uniforms, lodging, and subsistence of the volunteers. Authorizes appropriations to carry out the Marine Protection, Research, and Sanctuaries Act of 1972. Modifies national marine sanctuary advisory committee procedural requirements. Authorizes: (1) the development, marketing, and sale of symbols, including a symbol for the national marine sanctuary program (NMSP); (2) the designation of persons as official sponsors of the NMSP or individual sanctuaries; (3) the creation, marketing, and sale of products to promote the NMSP; (4) establishment of a revolving fund containing sponsor payments and product sale proceeds; (5) the use of in-kind sponsor proceeds; and (6) the expenditure of fund amounts, without appropriation, to designate and manage sanctuaries.

National Marine Sanctuaries Renewal Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Aviation and Flight Enhancement Act of 2014''. SEC. 2. FINDINGS. Congress finds the following: (1) Whereas in 2012 the International Civil Aviation Organization (``ICAO'') adopted a standard requiring all new aircraft with a maximum certificated take-off mass over 15,000 kilograms for which a type certificate is issued on or after 1 January, 2016, and which are required to be equipped with both a digital flight recorder (referred to in this Act as ``FDR''), and a cockpit voice recorder (``CVR''), to be equipped with 2 combination FDR/CVR recorder systems. (2) It is in the public's best interest that the second combination FDR/CVR system installed under the new ICAO standard uses a deployable combination FDR/CVR/Emergency Locator Transmitter (``ELT'') system to: maximize survivability; prevent the need for underwater recovery of both black boxes in water incidents; improve timely location of the aircraft, accident site and survivors; and to ensure rapid recovery of the FDR/CVR data for timely safety and security analysis in all crash scenarios. (3) Deployable recorder systems combine an FDR, a CVR, and ELT into one crash hardened, survivable ``black box'', which releases from the aircraft upon crash impact with land, water, and in the event of in-air explosion, enabling it to avoid the crash impact site and float indefinitely on water to avoid time-consuming and costly underwater search efforts. (4) Deployable FDR/CVR/ELT black boxes send a distress alert tracking signal to the free, global constellation of Search and Rescue (SAR) satellite transponders known as COSPAS- SARSAT; providing the position of the aircraft at point of impact, aircraft tail number, country of origin, and location of the deployable FDR/CVR/ELT black box for quick recovery and analysis. (5) Recent commercial aviation accidents exemplify a growing trend in difficult and costly underwater aircraft CVR/ FDR location and recovery efforts: (A) March 8, 2014, Malaysia Airlines Flight 370, disappeared with 239 passengers and crew. International search and recovery efforts for the aircraft and black boxes are ongoing involving 29 nations and hundreds of millions of dollars in resources, estimated to result in the most expensive search and recovery mission in aviation history. (B) June 1, 2009, Air France Flight 447, crashed into the Atlantic Ocean with 216 passengers and 12 crew members. Despite locating aircraft wreckage within 5 days, it still took nearly two years and an estimated cost of over $160,000,000 to recover the FDR and CVR from the bottom of the Atlantic Ocean at a depth of 12,000 feet. (C) June 30, 2009, Yemenia Airlines IY626, crashed off of the coast of Comoros, with 152 passengers and aircrew. The sole survivor, a 12-year-old girl, was found clinging to wreckage after floating in the ocean for thirteen hours. Her accounts estimated 30 to 40 passengers survived the crash but succumbed to hypothermia due to the delay in locating the downed aircraft. The FDR and CVR were not recovered until nearly two months later, at a depth of 3,900 feet. (D) January 1, 2007, Adam Air Flight 574, carrying 102 passengers and aircrew crashed off the coast of Indonesia. The FDR and CVR were located nearly one month later, but could not be recovered until seven months later on due to the difficulty of the underwater environment. The FDR and CVR were found at a depth of 6,600 feet and 4,600 feet apart. (6) Countries with extensive search and rescue capabilities, such as Australia, Brazil, Canada, Denmark, Japan, Norway, United Kingdom, and the United States, have equipped military platforms, including commercial equivalent aircraft with automatic deployable black box technology. (7) Following the crash of Air France Flight 447, the French Bureau d'Enquetes et d'Analyses (BEA) led the International Flight Data Recovery Working Group, consisting of over 100 safety experts, that scored deployable FDR/CVR/ELT systems the highest among all evaluated technologies to improve aircraft and black box localization and recovery. (8) There are no recurring service/data fees associated with the use of deployable FDR/CVR/ELT systems. The COSPAS- SARSAT satellites, network and supporting infrastructure that receives the alert signal from the deployable FDR/CVR/ELT with the aircraft crash location and black box location is a free, global safety service managed by governments around the world. (9) In accordance with Public Law 110-53, (Implementing Recommendations of the 9/11 Commission Act of 2007), the Transportation Security Administration conducted a pilot program that successfully tested in concept, the ability of automatic deployable recorder systems to improve rapid access to flight data following commercial aviation crashes, while also providing localization of downed aircraft and potential survivors. SEC. 3. REGULATIONS REQUIRING DEPLOYABLE RECORDERS AND OTHER PURPOSES. (a) Regulations.--Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall issue regulations that require all commercial passenger aircraft defined under this Act be equipped with a deployable recorder system as the second combination FDR/CVR recorder system installed under International Civil Aviation Organization Annex 6, Part I, Amendment 35--6.3.4.5.2 Combination Recorders. (b) Schedule for Compliance.--The regulations under subsection (a) shall require the installation of the automatic deployable recorder system required under this section on commercial aircraft that are ordered by an air carrier on or after January 1, 2016. (c) Definitions.--In this Act, the following definitions apply: (1) Commercial aircraft.--The term ``commercial passenger aircraft'' means a jet aircraft with a maximum certificated take-off mass over 15,000 kilograms, and which are required to be equipped with 2 combination FDR/CVR recorder systems in accordance with ICAO Annex 6, Part I, Amendment 6.3.4.5.2. (2) Deployable recorder system.--The term ``deployable recorder system'' means a flight data recorder, cockpit voice recorder, and emergency locator transmitter housed in one crash protected, floatable unit that meets the performance specifications for a Deployable Recorder system under United States Federal Aviation Administration Technical Standard Order 123c (CVR), Technical Standard Order 124c (FDR), and Minimum Operational Performance Specifications for Deployable Recorders under EUROCAE ED-112A and all subsequent updates to such requirements.

Safe Aviation and Flight Enhancement Act of 2014 - Directs the Administrator of the Federal Aviation Administration (FAA) to require all commercial passenger aircraft ordered by an air carrier on or after January 1, 2016, to be equipped with a deployable recorder system as the second combination FDR/CVR recorder system installed under International Civil Aviation Organization (ICAO) flight recorder standards. Defines: (1) "commercial passenger aircraft" to mean a jet aircraft with a maximum certificated take-off mass over 15,000 kilograms that is required to be equipped with two combination recorder systems in accordance with ICAO requirements; and (2) "deployable recorder system" to mean a flight data recorder, cockpit voice recorder, and emergency locator transmitter housed in one crash protected, floatable unit that meets the performance specifications under specified standards of the FAA and the European Organization for Civil Aviation Equipment.

Safe Aviation and Flight Enhancement Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``John H. Chafee Blackstone River Valley National Heritage Corridor Sustainability Report Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the Blackstone River Valley National Heritage Corridor (redesignated the John H. Chafee Blackstone River Valley National Heritage Corridor in 1999) was established in 1986 in recognition of the national importance of the region as the birthplace of the American Industrial Revolution; (2) the Corridor has become a national model of how the National Park Service can work cooperatively with local communities and a multi-agency partnership to create a seamless system of parks, preserved historic sites, and open spaces that enhance the protection and understanding of America's heritage, without Federal ownership and regulations; (3) the Corridor is managed by a bi-State, 19-member Federal commission representing Federal, State and local authorities from the Commonwealth of Massachusetts and the State of Rhode Island whose mandate has been to implement an approved integrated resource management plan; (4) the authorization and funding for the John H. Chafee Blackstone River Valley National Heritage Commission are scheduled to expire in November 2006, while the Federal designation of the area and its boundaries continues in perpetuity; and (5) the National Park System Advisory Board will be reviewing the future of all national heritage areas and making recommendations to the Director of the National Park Service and the Secretary of the Interior. (b) Purposes.--The purposes of this Act are-- (1) to explore the options for preserving, enhancing, and interpreting the resources of the John H. Chafee Blackstone River Corridor and the partnerships that sustain those resources; and (2) to direct the Director of the National Park Service to submit to Congress a report that-- (A) analyzes the sustainability of the Corridor; and (B) provides recommendations for the future of the Corridor. SEC. 3. DEFINITIONS. In this Act: (1) Corridor.--The term ``Corridor'' means the John H. Chafee Blackstone River Valley National Heritage Corridor. (2) Commission.--The term ``Commission'' means the John H. Chafee Blackstone River Valley National Heritage Commission. (3) Director.--The term ``Director'' means the Director of the National Park Service. SEC. 4. REPORT. (a) In General.--The Director shall prepare a report on the sustainability of the Corridor. (b) Components.--The report prepared under subsection (a) shall-- (1) document the progress that has been made in accomplishing the purpose of Public Law 99-647 (6 U.S.C. 461 note; 100 Stat. 3625) and the strategies and goals set forth in the Cultural Heritage and Land Management Plan for the Corridor, including-- (A) historic preservation; (B) interpretation and education; (C) environmental recovery; (D) recreational development; and (E) economic improvement; (2) based on the results documented under paragraph (1), identify further actions and commitments that are needed to protect, enhance, and interpret the Corridor; (3)(A) determine the extent of Federal funding provided to the Corridor; and (B) determine how the Federal funds have leveraged additional Federal, State, local, and private funding for the Corridor since the establishment of the Corridor; and (4)(A) evaluate the Commission form of authority and management structure for the Corridor, as established by Public Law 99-647 (6 U.S.C. 461 note; 100 Stat. 3625); and (B) identify and evaluate options for a permanent National Park Service designation or a State park or regional entity as a sustainable framework to achieve the national interest of the Blackstone Valley. (c) Coordination.--To the maximum extent practicable, the Director shall prepare the report in coordination with the National Park System Advisory Board. (d) Submission to Congress.--Not later than 1 year after the date on which funds are made available to carry out this Act, the Director shall submit to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate the report prepared under subsection (a). (e) Funding.--Funding to prepare the report under this Act shall be made available from annual appropriations for the Commission.

John H. Chafee Blackstone River Valley National Heritage Corridor Sustainability Report Act - Requires the Director of the National Park Service (NPS) to prepare a report on the sustainability of the John H. Chafee Blackstone River Valley National Heritage Corridor in Rhode Island and Massachusetts. Requires the report to: (1) document progress made in accomplishing the purpose of the law establishing the Corridor and the strategies and goals set forth in the Cultural Heritage and Land Management Plan for the Corridor, including historic preservation, interpretation and education, environmental recovery, recreational development, and economic improvement; (2) identify further actions and commitments needed to protect, enhance, and interpret the Corridor; (3) determine the extent of Federal funding and determine how such funds have leveraged additional Federal, State, local, and private funding for the Corridor since its establishment; and (4) evaluate the John H. Chafee Blackstone River Valley National Heritage Commission's form of authority and management structure for the Corridor, and identify and evaluate options for a permanent NPS designation or a State park or regional entity as a sustainable framework to achieve the national interest of the Blackstone Valley. Directs that: (1) the Director prepare the report in coordination with the NPS Advisory Board; and (2) funding to prepare the report be made available from annual appropriations for the Commission.

A bill to direct the Director of the National Park Service to prepare a report on the sustainability of the John H. Chafee Blackstone River Valley National Heritage Corridor and the John H. Chafee Blackstone River Valley National Heritage Commission.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Turkey Christian Churches Accountability Act''. SEC. 2. FINDINGS. Congress finds the following: (1) United States diplomatic leadership contributes meaningfully and materially to the protection internationally of religious minorities and their faith-based practices and places of worship. (2) The International Religious Freedom Act of 1998 states that ``It shall be the policy of the United States to condemn violations of religious freedom, and to promote, and to assist other governments in the promotion of, the fundamental right to freedom of religion.''. (3) The House of Representatives, when it adopted House Resolution 306 on December 13, 2011, called on the Secretary of State, in all official contacts with Turkish leaders, to urge Turkey to ``allow the rightful church and lay owners of Christian church properties, without hindrance or restriction, to organize and administer prayer services, religious education, clerical training, appointments, and succession'', and to ``return to their rightful owners all Christian churches and other places of worship, monasteries, schools, hospitals, monuments, relics, holy sites, and other religious properties, including movable properties, such as artwork, manuscripts, vestments, vessels, and other artifacts''. (4) On September 28, 2010, the House of Representatives adopted House Resolution 1631, calling for the protection of religious sites and artifacts, as well as for general respect for religious freedom in Turkish-occupied areas of northern Cyprus. (5) Christian churches and communities in the Republic of Turkey and in the occupied areas of Cyprus continue to be prevented from fully practicing their faith and face serious obstacles to reestablishing full legal, administrative, and operational control over stolen, expropriated, confiscated, or otherwise unreturned churches and other religious properties and sites. (6) In many cases the rightful Christian church authorities, including relevant Holy Sees located outside Turkey and Turkish-occupied territories, are obstructed from safeguarding, repairing, or otherwise caring for their holy sites upon their ancient homelands, because the properties have been destroyed, expropriated, converted into mosques, storage facilities, or museums, or subjected to deliberate neglect. (7) While the Turkish Government has made efforts in recent years to address these issues and to return some church properties, much more must be done to rectify the situation of Christian communities in these areas, as a vast majority of Christian holy sites continue to be held by the Turkish Government or by third parties. (8) On April 24, 2013, Catholicos Karekin II and Catholicos Aram I, spiritual leaders of the millions of Christian Armenian faithful in Armenia and the Diaspora, noted that Turkey continued to unjustly ``[retain] confiscated church estates and properties, and religious and cultural treasures of the Armenian people'', and called on Turkey ``[t]o immediately return the Armenian churches, monasteries, church properties, and spiritual and cultural treasures, to the Armenian people as their rightful owner''. (9) The boundaries of Turkey encompass significant historic Christian lands, including the biblical lands of Armenia (present-day Anatolia), home to many of early Christianity's pivotal events and holy sites, such as Mount Ararat, the location cited in the Bible as the landing place of Noah's Ark. (10) These ancient territories were for thousands of years home to a large, indigenous Christian population, but, because of years of repressive Turkish Government policies, historic atrocities, and brutal persecution, today Christians constitute less than one percent of Turkey's population. (11) As a result of the Turkish Government's invasion of the northern area of the Republic of Cyprus on July 20, 1974, and the Turkish military's continued illegal and discriminatory occupation of portions of this sovereign state, the future and very existence of Greek Cypriot, Maronite, and Armenian communities are now in grave jeopardy. (12) Under the Turkish occupation of northern Cyprus, freedom of worship has been severely restricted, access to religious sites blocked, religious sites systematically destroyed, and a large number of religious and archaeological objects illegally confiscated or stolen. (13) The United States Commission on International Religious Freedom, in its 2012 annual report, criticized ``the Turkish government's systematic and egregious limitations on the freedom of religion'', and warned that ``[l]ongstanding policies continue to threaten the survivability and viability of minority religious communities in Turkey''. (14) Christian minorities in Turkey continue to face discrimination, prohibitions on the training and succession of clergy, and violent attacks, which have at times resulted in lenient sentencing, including the reduced sentence for the murderer of the Catholic Church's head bishop in Turkey, Luigi Padovese, in June 2010, or delayed justice, including the unresolved torture and murder, in April 2007, of three employees of a Protestant Bible publishing house in Malatya, Turkey. (15) The Government of Turkey, in contravention of its international legal obligations, refuses to recognize the 2,000-year-old Sacred See of the Ecumenical Patriarchate's international status, has confiscated the large majority of the assets and properties of the Ecumenical Patriarchate, Greek cultural and educational foundations, maintains that candidates for the position of Ecumenical Patriarch must be Turkish citizens, and continues to refuse to reopen the Theological School at Halki, thus impeding training and succession for the Greek Orthodox clergy in Turkey. (16) The Government of Turkey, in contravention of its international legal obligations, continues to place substantial restrictions and other limitations upon the Armenian Patriarchate's right to train and educate clergy and select and install successors without government interference. (17) Religious freedom is an essential cornerstone of democracy that promotes respect for individual liberty, which contributes to greater stability, and is therefore a priority value for the United States to promote in its engagement with other countries. SEC. 3. REPORT REQUIREMENTS. (a) In General.--Not later than 180 days after the date of the enactment of this Act and annually thereafter until 2021, the Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report on the status and return of stolen, confiscated, or otherwise unreturned Christian churches, places of worship, and other properties in or from the Republic of Turkey and in the areas of northern Cyprus occupied by the Turkish military that shall contain the following: (1) A comprehensive listing of all the Christian churches, places of worship, and other properties, such as monasteries, schools, hospitals, monuments, relics, holy sites, and other religious properties, including movable properties, such as artwork, manuscripts, vestments, vessels, and other artifacts, in or from Turkey and in the territories of the Republic of Cyprus under military occupation by Turkey that are claimed as stolen, confiscated, or otherwise wrongfully removed from the ownership of their rightful Christian church owners. (2) Description of all engagement over the previous year on this issue by officials of the Department of State with representatives of the Republic of Turkey regarding the return to their rightful owners of all Christian churches, places of worship, and other properties, such as monasteries, schools, hospitals, monuments, relics, holy sites, and other religious properties, including movable properties, such as artwork, manuscripts, vestments, vessels, and other artifacts, both those located within Turkey's borders and those under control of Turkish military forces in the occupied northern areas of Cyprus. (b) Inclusion in Annual Country Reports on Human Rights Practices and International Religious Freedom Report.--The information required under subsection (a) shall be summarized in the annual Country Reports on Human Rights Practices and International Religious Freedom Reports.

Turkey Christian Churches Accountability Act - Directs the Secretary of State to report annually to Congress until 2021 on the status and return of stolen, confiscated, or otherwise unreturned Christian churches, places of worship, and other properties in or from the Republic of Turkey and in the areas of northern Cyprus occupied by the Turkish military. Requires such report to: (1) list all the Christian churches, places of worship, and other religious properties, including movable properties such as artwork and other artifacts, in or from Turkey and in the territories of the Republic of Cyprus under military occupation by Turkey that are claimed as stolen, confiscated, or otherwise wrongfully removed from their Christian church owners; and (2) describe all engagement over the previous year on this issue by Department of State officials with representatives of the Republic of Turkey. Requires that a summary of such information be included in the annual Country Reports on Human Rights Practices and the International Religious Freedom Reports.

Turkey Christian Churches Accountability Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Strategy for Assuring Financial Empowerment Act'' or the ``SAFE Act''. SEC. 2. STRATEGY FOR ASSURING FINANCIAL EDUCATION. (a) Findings.-- (1) In general.--The Congress finds it is imperative to-- (A) reduce overlap and duplication in Federal financial literacy and financial education programs and in public and private educational activities, in order to increase effectiveness and coordination and to better utilize resources; (B) identify the most effective types of public sector financial literacy programs and techniques as measured by improved consumer decision-making; (C) coordinate and promote financial literacy and financial education efforts at the State and local level, including partnerships between Federal, State and local governments, non-profit organizations and private enterprises; (D) obtain recommendations for integrating economic education and personal-finance education into primary, secondary and post-secondary curricula; and (E) provide multilingual materials and programs under the strategy for assuring financial education whenever appropriate in order to effectively reach the broadest number of people. (2) Additional findings.--The Congress also finds that as many as 1 in 10 American families, or about 10,000,000 households, do not have a relationship with a traditional financial institution such as a bank, thrift institution, or credit union, despite the significant advantages of such a relationship, including the following: (A) The establishment of a deposit account with a financial institution leads to greater knowledge of personal financial fundamentals. (B) Account ownership provides an opportunity to build assets, because a deposit account is a tool that can be used to save for homeownership, educational opportunities, or retirement. (C) The unbanked typically pay higher costs in transaction fees for financial services than do individuals with banking relationships. (D) Opening and maintaining an account with a financial institution provides opportunities to obtain other products and services--such as home loans, car loans, education loans, or small business loans--from the institution, and can help individuals establish a credit history for their future borrowing needs. (E) Owning an account provides a record of financial transactions that can be drawn on in the case of a dispute. (F) Account ownership provides the opportunity for safer, more secure types of financial transactions, such as direct deposit and check-writing, reducing the risk that paychecks could be stolen or lost and reducing the risk of becoming the victim of a robbery or burglary triggered by carrying large sums of cash. (b) Development and Transmittal to the Congress.-- (1) Development.--The President, acting through the Secretary of the Treasury, the Office of Financial Education established by the Secretary in the Department of the Treasury, and in consultation with the Secretary of Housing and Urban Development and other officials of the administration, as appropriate, shall develop a national strategy for financial education, to be known as the Strategy for Assuring Financial Empowerment (hereinafter in this section referred to as the ``SAFE strategy''). (2) Transmittal to the congress.--By February 1 of 2005 and by that date of each succeeding year, the President shall transmit to the Congress a national strategy developed in accordance with paragraph (1). (3) Appearance before the congress.--Before March 1, 2004, and before March 1 of each subsequent year, the Secretary of Treasury shall appear before the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate at hearings regarding the development of a national strategy for assuring financial education. (4) Working group.--The first national strategy transmitted to the Congress in 2005 shall contain recommendations and a proposal for forming a Financial Literacy and Education Working Group to be chaired by the Secretary of the Treasury. (c) Issues To Be Addressed.--The SAFE strategy shall address any area the President considers appropriate, acting through the Secretary of the Treasury, the Office of Financial Education established by the Secretary in the Department of the Treasury, and in consultation with the Secretary of Housing and Urban Development, the Financial Literacy and Education Working Group established pursuant to the proposal under subsection (b)(4), and other officials of the administration, as appropriate, including the following: (1) Goals, objectives, and priorities.-- (A) In general.--Comprehensive, research-based goals, objectives, and priorities for increasing the financial literacy of all citizens, with particular attention to those with low and moderate incomes, Native Americans, immigrants, youths from ages 10-25 and those of pre-retirement age. (B) Goals to be included.--Such goals shall include helping individuals, especially those in the target groups, learn to develop-- (i) access to and responsible use of accounts at financial institutions; (ii) knowledge of the credit-granting process, including the importance and benefits of building credit; (iii) homeownership; (iv) planning for unexpected circumstances, further education, retirement and estate planning; (v) budgets and long-range financial planning; (vi) an appreciation of the value of charitable giving; (vii) an understanding of the impact of taxes on earned income and intelligent planning to minimize the effects of taxes; (viii) a strategy for and an appreciation of the value of broad-based, well-planned, long-term investments; and (ix) patterns of responsible borrowing and consumer behavior. (2) Coordination.--Coordination of financial education efforts and programs within the Executive Branch and with the Board of Governors of the Federal Reserve System, the Securities and Exchange Commission, other Federal banking agencies, the National Credit Union Administration Board, and such other Federal agencies as the Secretary of the Treasury determines to be appropriate. (3) Coordination with and enhancement of the role of the private financial sector in financial education.--The enhancement of partnerships between the private government agencies and both the financial sector and nongovernment agencies with regard to financial education. (4) Enhancement of intergovernmental cooperation.--The enhancement of-- (A) cooperative efforts between the Federal Government and State and local officials, including State and local regulators and educators; and (B) cooperative efforts among the several States and between State and local officials, including State and local regulators and educators which could be utilized or should be encouraged. (5) Project and budget priorities.--A 3-year projection for program and budget priorities and achievable projects for improving financial education. (6) Assessment of funding.--A complete assessment of how the proposed budget is intended to implement the strategy, and whether the funding levels contained in the proposed budget are sufficient to implement the strategy. (7) Data regarding trends in financial education.--The need for timely, accurate, and complete information necessary for the purpose of developing and analyzing data in order to ascertain trends in the need for financial education. (8) Improved communications.--A plan for enhancing the communication between the Federal Government and State and local governments regarding financial education. (d) Effectiveness Report.--At the time each national SAFE strategy for financial education is transmitted by the President to the Congress (other than the first transmission of any such strategy) pursuant to subsection (b), the Secretary shall submit a report containing an evaluation of the effectiveness of policies to enhance financial education and reach the goals outlined in subsection (c). (e) Consultations.--In addition to the consultations required under this section with the Secretary of Housing and Urban Development, in developing the national SAFE strategy for financial education, the Secretary shall consult with-- (1) the Board of Governors of the Federal Reserve System and other Federal banking agencies and the National Credit Union Administration Board; (2) State and local officials, including State and local regulators and educators; (3) the Securities and Exchange Commission; (4) the Commodities and Futures Trading Commission; (5) the Secretary of Education; (6) to the extent possible, the finance ministers of foreign governments; (7) to the extent appropriate, State and local officials responsible for financial institution and financial market regulation; (8) any other State or local government authority, to the extent appropriate; (9) any other Federal Government authority or instrumentality, to the extent appropriate (10) representatives of the private financial services sector, to the extent appropriate; (11) the Secretary of Agriculture; (12) the Secretary of Health and Human Services; (13) the Secretary of Defense; (14) the Secretary of Labor; (15) the Secretary of Veterans Affairs; (16) the Chairman of the Federal Trade Commission; (17) the Commissioner of Social Security, the Social Security Administration; (18) the Administrator of the Small Business Administration; (19) the Director of the Office of Personnel Management; (20) the Federal Housing Commissioner; (21) State insurance commissioners working through the National Association of Insurance Commissioners; (22) the Advertising Council; and (23) the heads of Federal, State and local government programs, and privately run programs, which have the purpose of-- (A) getting the unbanked to participate in the banking system; and (B) encouraging recipients of State or Federal assistance programs to move away from receiving their programs via paper checks and towards receiving such payments electronically. (f) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of the Treasury for fiscal years 2004, 2005, 2006, 2007, 2008, and 2009 such sums as may be necessary to carry out the requirements of this section.

Strategy for Assuring Financial Empowerment Act - SAFE Act - Directs the President to develop a national strategy for financial education, the Strategy for Assuring Financial Empowerment (SAFE strategy), acting through the Secretary of the Treasury and the Office of Financial Education in the Department of the Treasury. Requires the SAFE strategy to: (1) address certain issues; and (2) be developed and transmitted to Congress annually, along with policy effectiveness reports. Requires the first SAFE strategy to contain recommendations and a proposal for forming a Financial Literacy and Education Working Group. Directs the Secretary of the Treasury to chair the Working Group and to consult with the Secretary of Housing and Urban Development and with other officials of specified Federal, State, local, and private entities in developing the SAFE strategy.

To reduce duplication in Federal financial literacy and financial programs, identify more effective ways to provide financial education, and facilitate greater cooperation at the Federal, State and local levels and between government units and entities in the private sector by requiring the establishment of a national strategy for assuring financial education, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rancher Preservation Act''. SEC. 2. SPECIAL REQUIREMENTS REGARDING BLACK-TAILED PRAIRIE DOG. (a) In General.--Section 13 of the Endangered Species Act of 1973 is amended to read as follows: ``special requirements regarding black-tailed prairie dog ``Sec. 13. (a) Use of Best Scientific and Commercial Data Available.--In any case in which the Secretary is required by this Act to use the best scientific and commercial data available with respect to determining whether the black-tailed prairie dog (Cynomys ludovicianus) is an endangered species or a threatened species, the Secretary-- ``(1) in evaluating comparable data, shall give greater weight to scientific or commercial data that are empirical or have been field-tested or peer-reviewed; and ``(2) shall include, in data used with respect to that species, data regarding population numbers of the species. ``(b) Field Data.-- ``(1) Requirement.--The Secretary may not determine under section 4 that the black-tailed prairie dog (Cynomys ludovicianus) is an endangered species or a threatened species unless the determination is supported by data obtained by observation of the species in the field. ``(2) Data from landowners.--The Secretary shall-- ``(A) accept and acknowledge receipt of data regarding the status of that species that is collected by an owner of land through observation of the species on the land; and ``(B) include the data in the rulemaking record compiled for any determination that the species is an endangered species or a threatened species. ``(c) Independent Scientific Review Requirements.-- ``(1) Definitions.--In this subsection: ``(A) Action.--The term `action' means-- ``(i) the determination that the black- tailed prairie dog (Cynomys ludovicianus) is an endangered species or a threatened species under section 4(a); and ``(ii) the determination under section 4(a) that the black-tailed prairie dog should be removed from any list published under section 4(c)(1). ``(B) Qualified individual.--The term `qualified individual' means an individual with expertise in the biological sciences-- ``(i) who through publication of peer- reviewed scientific literature or other means, has demonstrated scientific expertise on the black-tailed prairie dog or a similar species or other scientific expertise relevant to the decision of the Secretary under section 4(a) or (f); ``(ii) who does not have, or represent any person with, a conflict of interest with respect to the determination that is the subject of the review; ``(iii) who is not a participant in any petition or proposed or final determination before the Secretary; and ``(iv) who has no direct financial interest, and is not employed by any person with a direct financial interest, in opposing the action under consideration. ``(2) List of independent scientific reviewers.--The Secretary shall solicit recommendations from the National Academy of Sciences and develop and maintain a list of qualified reviewers to participate in independent scientific review of actions. ``(3) Appointment of independent scientific reviewers.--(A) Before any action shall become final, the Secretary shall appoint randomly, from among the list prepared in accordance with this section, 3 qualified individuals who shall review and report to the Secretary on the scientific information and analyses on which the proposed action is based. ``(B) The selection and activities of the reviewers selected pursuant to this section shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). ``(C) Reviewers shall be compensated for conducting the independent review. ``(4) Opinion of peer reviewers.--Independent reviewers shall provide the Secretary, within 3 months, their opinion regarding all relevant scientific information and assumptions relating to the taxonomy, population models, and supportive biological and ecological information for the black-tailed prairie dog. ``(5) Final determination.--If the referees have made a recommendation on a proposed action, the Secretary shall evaluate and consider the information that results from the independent scientific review and include in the final determination-- ``(A) a summary of the results of the independent scientific review; and ``(B) in a case in which the recommendation of a majority of the referees who conducted the independent scientific review is not followed, an explanation as to why the recommendation was not followed. ``(6) Public notice.--The report of the peer reviewers shall be included in the official record of the proposed action and shall be available for public review prior to the close of the comment period on the proposed action.''. (b) Conforming Amendment.--The table of sections in the first section of such Act is amended by striking the item relating to section 13 and inserting the following: ``Sec. 13. Special requirements regarding black-tailed prairie dog.''.

Rancher Preservation Act - Amends the Endangered Species Act of 1973 to provide that, in any case in which the Secretary of the Interior is required to use the best scientific and commercial data available with respect to determining whether the black-tailed prairie dog is an endangered or threatened species, the Secretary: (1) in evaluating comparable data, shall give greater weight to scientific or commercial data that are empirical or have been field-tested or peer-reviewed; and (2) shall include data regarding population numbers of the species.Prohibits the Secretary from determining that the black-tailed prairie dog is an endangered or threatened species unless the determination is supported by data obtained by observation of the species in the field.Directs the Secretary to: (1) accept and acknowledge receipt of data regarding the status of that species that is collected by an owner of land through observation of the species on the land, and include the data in the rule-making record compiled for any determination that the species is an endangered or threatened species; (2) solicit recommendations from the National Academy of Sciences and develop and maintain a list of qualified reviewers to participate in independent scientific review of actions; and (3) appoint randomly from among the list, before any action becomes final, three qualified individuals who shall review and report to the Secretary on the scientific information and analyses on which the proposed action is based.

To amend the Endangered Species Act of 1973 to establish special requirements for determining whether the black-tailed prairie dog is an endangered species or threatened species.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Criminal Welfare Prevention Act, Part II''. SEC. 2. TREATMENT OF PRISONERS UNDER TITLES II AND XVI OF THE SOCIAL SECURITY ACT. (a) Implementation of Prohibition Against Payment of Title II Benefits to Prisoners.-- (1) In general.--Section 202(x)(3) of the Social Security Act (42 U.S.C. 402(x)(3)) is amended-- (A) by inserting ``(A)'' after ``(3)''; and (B) by adding at the end the following new subparagraph: ``(B)(i) The Commissioner shall enter into an agreement, with any interested State or local institution comprising a jail, prison, penal institution, correctional facility, or other institution a purpose of which is to confine individuals as described in paragraph (1)(A), under which-- ``(I) the institution shall provide to the Commissioner, on a monthly basis and in a manner specified by the Commissioner, the names, social security account numbers, dates of birth, confinement commencement dates, and, to the extent available to the institution, such other identifying information concerning the individuals confined in the institution as the Commissioner may require for the purpose of carrying out paragraph (1); and ``(II) except as provided in clause (ii), the Commissioner shall pay to the institution, with respect to information described in subclause (I) concerning each individual who is confined therein as described in paragraph (1)(A), to whom a benefit under this title is payable for the month preceding the first month of such confinement, and whose benefit under this title ceases to be payable as a result of the application of this subsection, $400 (subject to reduction under clause (iii)) if the institution furnishes the information to the Commissioner within 30 days after the date such individual's confinement in such institution begins, or $200 (subject to reduction under clause (iii)) if the institution furnishes the information after 30 days after such date but within 90 days after such date. ``(ii) No amount shall be payable to an institution with respect to information concerning an individual under an agreement entered into under clause (i) if, prior to the Commissioner's receipt of the information, the Commissioner has determined that benefits under this title are no longer payable to such individual as a result of the application of this subsection. ``(iii) The dollar amounts specified in clause (i)(II) shall be reduced by 50 percent if the Commissioner is also required to make a payment to the institution with respect to the same individual under an agreement entered into under section 1611(e)(1)(I). ``(iv) There shall be transferred from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, as appropriate, such sums as may be necessary to enable the Commissioner to make payments to institutions required by clause (i)(II). Sums so transferred shall be treated as direct spending for purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 and excluded from budget totals in accordance with section 13301 of the Budget Enforcement Act of 1990. ``(v) The Commissioner is authorized to provide, on a reimbursable basis, information obtained pursuant to agreements entered into under clause (i) to any Federal or federally-assisted cash, food, or medical assistance program for eligibility purposes.''. (2) Effective date.--The amendments made by this subsection shall apply to individuals whose period of confinement in an institution commences on or after the first day of the fourth month beginning after the month in which this Act is enacted. (b) Elimination of Title II Requirement That Confinement Stem From Crime Punishable by Imprisonment for More Than 1 Year.-- (1) In general.--Section 202(x)(1)(A) of such Act (42 U.S.C. 402(x)(1)(A)) is amended-- (A) in the matter preceding clause (i), by striking ``during'' and inserting ``throughout''; (B) in clause (i), by striking ``an offense punishable by imprisonment for more than 1 year (regardless of the actual sentence imposed)'' and inserting ``a criminal offense''; and (C) in clause (ii)(I), by striking ``an offense punishable by imprisonment for more than 1 year'' and inserting ``a criminal offense''. (2) Effective date.--The amendments made by this subsection shall apply to individuals whose period of confinement in an institution commences on or after the first day of the fourth month beginning after the month in which this Act is enacted. (c) Inclusion of Title II Issues in Study and Report Requirements Relating to Prisoners.-- (1) Section 203(b)(1) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104- 193) is amended-- (A) in subparagraph (A), by striking ``section 1611(e)(1)'' and inserting ``sections 202(x) and 1611(e)(1)''; and (B) in subparagraph (B), by striking ``section 1611(e)(1)(I)'' and inserting ``section 202(x)(3)(B) or 1611(e)(1)(I)''. (2) Section 203(c) of such Act is amended by striking ``section 1611(e)(1)(I)'' and all that follows and inserting the following: ``sections 202(x)(3)(B) and 1611(e)(1)(I) of the Social Security Act.''. (3) The amendments made by paragraph (1) shall apply as if included in the enactment of section 203(b) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193). The amendment made by paragraph (2) shall apply as if included in the enactment of section 203(c) of such Act. (d) Conforming Title XVI Amendments.-- (1) Preclusion of title xvi payment when information furnished by an institution is already known by the commissioner.--Section 1611(e)(1)(I) of the Social Security Act (as added by section 203(a)(1) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193)) is amended-- (A) in clause (i)(II), by inserting ``except as provided in clause (ii),'' after ``(II)''; (B) by redesignating clauses (ii) and (iii) as clauses (iv) and (v), respectively; and (C) by inserting after clause (i) the following new clause: ``(ii) No amount shall be payable to an institution with respect to information concerning an inmate under an agreement entered into under clause (i) if, prior to the Commissioner's receipt of the information, the Commissioner has determined that the inmate is no longer an eligible individual or eligible spouse for purposes of this title as a result of the application of this paragraph.''. (2) Fifty percent reduction in title xvi payment in case involving comparable title ii payment.--Section 1611(e)(1)(I) of such Act (as amended by paragraph (1)) is amended further-- (A) in clause (i)(II), by inserting ``(subject to reduction under clause (iii))'' after ``$400'' and after ``$200''; and (B) by inserting after clause (ii) the following new clause: ``(iii) The dollar amounts specified in clause (i)(II) shall be reduced by 50 percent if the Commissioner is also required to make a payment to the institution with respect to the same individual under an agreement entered into under section 202(x)(3)(B).''. (3) Expansion of categories of institutions eligible to enter into agreements with the commissioner.--Section 1611(e)(1)(I)(i) of such Act (as added by section 203(a)(1) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193)) is amended in the matter preceding subclause (I) by striking ``institution'' and all that follows through ``section 202(x)(1)(A),'' and inserting ``institution comprising a jail, prison, penal institution, or correctional facility, or with any other interested State or local institution a purpose of which is to confine individuals as described in section 202(x)(1)(A)(ii),''. (4) Limitation on categories of inmates with respect to whom payment may be made.--Section 1611(e)(1)(I)(i)(II) of such Act (as added by section 203(a)(1) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193)) is amended by striking ``inmate of the institution'' and all that follows through ``in such institution and'' and inserting ``individual who is eligible for a benefit under this title for the month preceding the first month throughout which the individual is an inmate of the jail, prison, penal institution, or correctional facility, or is confined in the institution as described in section 202(x)(1)(A)(ii), and who''. (5) Technical correction.--Section 1611(e)(1)(I)(i)(II) of such Act (as amended by the preceding provisions of this subsection) is amended further by striking ``subparagraph'' and inserting ``paragraph''. (6) Effective date.--The amendments made by this subsection shall apply as if included in the enactment of section 203(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193). The references to section 202(x)(1)(A)(ii) of the Social Security Act in section 1611(e)(1)(I)(i) of such Act as amended by paragraphs (3) and (4) shall be deemed a reference to such section 202(x)(1)(A)(ii) as amended by subsection (b)(1)(C). (e) Exemption From Computer Matching Requirements.-- (1) In general.--Section 552a(a)(8)(B) of title 5, United States Code, is amended-- (A) by striking ``or'' at the end of clause (vi); and (B) by inserting after clause (vii) the following new clauses: ``(viii) matches performed pursuant to section 202(x) or 1611(e)(1) of the Social Security Act; or ``(ix) matches performed pursuant to section 205(j)(1)(A), 205(j)(5), 1631(a)(2)(A)(ii), 1631(a)(2)(A)(iii), or 1631(a)(2)(E) of the Social Security Act;''. (2) Conforming amendment.--Section 1611(e)(1)(I)(iv) of the Social Security Act (as added by section 203(a)(1) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193) and redesignated by subsection (d)(1)(B)) is amended further by striking ``(I) The provisions'' and all that follows through ``(II) The Commissioner'' and inserting ``The Commissioner''. (3) Effective date.--The amendments made by this subsection shall take effect on the date of the enactment of this Act.

Criminal Welfare Prevention Act, Part II - Amends the Social Security Act (SSA) to require the Commissioner of Social Security to enter into an agreement with a State or local jail or correctional facility under which the facility shall report monthly the name and social security number of any inmate who has received a benefit check under SSA title II (Old Age, Survivors and Disability Insurance) (OASDI) despite being prohibited under other existing SSA law because of confinement in a correctional institution. Requires the Commissioner to pay any complying institution: (1) $400 if it furnishes the information within 30 days; or (2) $200 if it does so within 90 days.

Criminal Welfare Prevention Act, Part II

SECTION 1. CUSTOMS AND TRADE AGENCY AUTHORIZATIONS FOR FISCAL YEARS 1998 AND 1999. (a) United States Customs Service.-- (1) Authorization of appropriations.--Section 301(b) of the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075(b)) is amended to read as follows: ``(b) Authorization of Appropriations.-- ``(1) For noncommercial operations.--There are authorized to be appropriated for the salaries and expenses of the Customs Service that are incurred in noncommercial operations not to exceed the following: ``(A) $668,397,000 for fiscal year 1998. ``(B) $684,018,000 for fiscal year 1999. ``(2) For commercial operations.--(A) There are authorized to be appropriated for the salaries and expenses of the Customs Service that are incurred in commercial operations not less than the following: ``(i) $901,441,000 for fiscal year 1998. ``(ii) $930,447,000 for fiscal year 1999. ``(B) The monies authorized to be appropriated under subparagraph (A) for any fiscal year, except for such sums as may be necessary for the salaries and expenses of the Customs Service that are incurred in connection with the processing of merchandise that is exempt from the fees imposed under section 13031(a)(9) and (10) of the Consolidated Omnibus Budget Reconciliation Act of 1985, shall be appropriated from the Customs User Fee Account. ``(3) For air and marine interdiction.--There are authorized to be appropriated for the operation (including salaries and expenses) and maintenance of the air and marine interdiction programs of the Customs Service not to exceed the following: ``(A) $95,258,000 for fiscal year 1998. ``(B) $98,226,000 for fiscal year 1999.''. (2) Submission of out-year budget projections.--Section 301(a) of the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075(a)) is amended by adding at the end the following: ``(3) By no later than the date on which the President submits to the Congress the budget of the United States Government for a fiscal year, the Commissioner of Customs shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate the projected amount of funds for the succeeding fiscal year that will be necessary for the operations of the Customs Service as provided for in subsection (b).''. (b) Office of the United States Trade Representative.-- (1) Authorization of appropriations.--Section 141(g)(1) of the Trade Act of 1974 (19 U.S.C. 2171(g)(1)) is amended to read as follows: ``(g)(1)(A) There are authorized to be appropriated to the Office for the purposes of carrying out its functions not to exceed the following: ``(i) $22,092,000 for fiscal year 1998. ``(ii) $24,300,000 for fiscal year 1999. ``(B) Of the amounts authorized to be appropriated under subparagraph (A) for any fiscal year-- ``(i) not to exceed $98,000 may be used for entertainment and representation expenses of the Office; and ``(ii) not to exceed $2,500,000 shall remain available until expended.''. (2) Submission of out-year budget projections.--Section 141(g) of the Trade Act of 1974 is amended by adding at the end the following: ``(3) By no later than the date on which the President submits to the Congress the budget of the United States Government for a fiscal year, the United States Trade Representative shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate the projected amount of funds for the succeeding fiscal year that will be necessary for the Office to carry out its functions.''. (c) United States International Trade Commission.-- (1) Authorization of appropriations.--Section 330(e)(2) of the Tariff Act of 1930 (19 U.S.C. 1330(e)(2)) is amended to read as follows: ``(2)(A) There are authorized to be appropriated to the Commission for necessary expenses (including the rental of conference rooms in the District of Columbia and elsewhere) not to exceed the following: ``(i) $41,980,000 for fiscal year 1998. ``(ii) $46,125,400 for fiscal year 1999. ``(B) Not to exceed $2,500 of the amount authorized to be appropriated for any fiscal year under subparagraph (A) may be used, subject to the approval of the Chairman of the Commission, for reception and entertainment expenses. ``(C) No part of any sum that is appropriated under the authority of subparagraph (A) may be used by the Commission in the making of any special study, investigation, or report that is requested by any agency of the executive branch unless that agency reimburses the Commission for the cost thereof.''. (2) Submission of out-year budget projections.--Section 330(e) of the Tariff Act of 1930 is amended by adding at the end the following: ``(4) By no later than the date on which the President submits to the Congress the budget of the United States Government for a fiscal year, the Commission shall submit to the the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate the projected amount of funds for the succeeding fiscal year that will be necessary for the Commission to carry out its functions.''. Passed the House of Representatives May 6, 1997. Attest: ROBIN H. CARLE, Clerk.

Amends the Customs Procedural Reform and Simplification Act of 1978 to authorize appropriations for FY 1998 and 1999 for the United States Customs Service for: (1) noncommercial and commercial operations; and (2) the air and marine interdiction programs. Amends the Trade Act of 1974 to authorize appropriations for FY 1998 and 1999 for the Office of the United States Trade Representative. Amends the Tariff Act of 1930 to authorize appropriations for FY 1998 and 1999 for the United States International Trade Commission. Requires such agencies to submit to specified congressional committees a projected budget for the succeeding fiscal year (out-year).

To authorize appropriations for fiscal years 1998 and 1999 for the Customs Service, the Office of the United States Trade Representative, and the International Trade Commission.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring Patient Access and Effective Drug Enforcement Act of 2013''. SEC. 2. REGISTRATION PROCESS UNDER CONTROLLED SUBSTANCES ACT. (a) Definitions.-- (1) Consistent with the public health and safety.--Section 303 of the Controlled Substances Act (21 U.S.C. 823) is amended by adding at the end the following: ``(j) In this section, the phrase `consistent with the public health and safety' means having a substantial relationship to this Act's purpose of preventing diversion and abuse of controlled substances.''. (2) Imminent danger.--Section 304(d) of the Controlled Substances Act (21 U.S.C. 824(d)) is amended-- (A) by striking ``(d) The Attorney General'' and inserting ``(d)(1) The Attorney General''; and (B) by adding at the end the following: ``(2) In this subsection, the term `imminent danger' means a significant and present risk of death or serious bodily harm that is more likely than not to occur in the absence of an immediate suspension order.''. (b) Criminal Background Checks and Drug Testing for Employees With Access to Controlled Substances.-- (1) Requirements.--Section 303 of the Controlled Substances Act (21 U.S.C. 823) is amended by inserting before subsection (j) (as added by subsection (a)(1)) the following: ``(i)(1) The Attorney General shall require all registrants under subsections (a), (b), (d), or (e), as a condition of such registration-- ``(A) to obtain a criminal background check on each of the registrant's employees who has or will have access to facility areas where controlled substances under the registrant's possession or control are stored, such as a cage, vault, or safe; and ``(B) to perform drug testing on each such employee in accordance with Federal and State law. ``(2) The criminal background checks required by paragraph (1) shall be obtained-- ``(A) periodically, but not more frequently than every 2 years, for all employees of the registrant who are described in paragraph (1)(A); and ``(B) at the time of hire, for such employees who are hired after the date of enactment of the Ensuring Patient Access and Effective Drug Enforcement Act of 2013. ``(3) The term `drug testing' means testing designed to detect the illegal use of a controlled substance.''. (2) Conforming change.--Section 304(a) of the Controlled Substances Act (21 U.S.C. 823(a)) is amended-- (A) in paragraph (4), by striking ``or'' at the end; (B) in paragraph (5), by striking the period at the end and inserting ``; or''; and (C) by adding at the end the following: ``(6) has failed to comply with the requirements under section 303(i) (relating to criminal background checks and drug testing).''. (3) Alternative civil penalty for failure to comply with criminal background check and drug testing requirements.-- (A) Prohibited act.--Section 402(a) of the Controlled Substances Act (21 U.S.C. 842(a)) is amended-- (i) in paragraph (14), by striking ``or'' at the end; (ii) in paragraph (15), by striking the period at the end and inserting ``; or''; and (iii) by inserting after paragraph (15) the following: ``(16) who is a registrant to fail to comply with the requirements under section 303(i) (relating to criminal background checks and drug testing);''. (B) Maximum civil penalty of $10,000.--Subsection (c)(1)(B) of the Controlled Substances Act (21 U.S.C. 842(c)(1)(B)) is amended by striking ``paragraph (5) or (10)'' and inserting ``paragraph (5), (10), or (16)''. (4) Regulations, guidance.--The Attorney General of the United States shall finalize such regulations and guidance as the Attorney General deems necessary to carry out the amendments made by this subsection. (5) Applicability.--The amendments made by this subsection shall apply beginning on the date that is 2 years after the date of enactment of this Act. (c) Opportunity To Submit Corrective Action Plan Prior to Revocation or Suspension.--Section 304(c) of the Controlled Substances Act (21 U.S.C. 824(c)) is amended-- (1) by striking ``(c) Before'' and inserting ``(c)(1) Before''; and (2) by adding at the end the following: ``(2) Before revoking or suspending a registration pursuant to section 303, the Attorney General shall-- ``(A) provide-- ``(i) notice to the registrant of the grounds for revocation or suspension; and ``(ii) in the case of any such grounds consisting of a violation of law, a specific citation to such law; ``(B) give the registrant an opportunity to submit a corrective action plan within a reasonable period of time to demonstrate how the registrant plans to correct the grounds for revocation or suspension; and ``(C) determine whether-- ``(i) in light of the plan, revocation or suspension proceedings should be discontinued or deferred; or ``(ii) additional changes need to be made in the corrective action plan.''. SEC. 3. COMBATING PRESCRIPTION DRUG ABUSE WORKING GROUP. (a) Establishment.--There is established the Combating Prescription Drug Abuse Working Group (referred to in this section as the ``Working Group''). (b) Membership.-- (1) Appointment.-- (A) In general.--Not later than 180 days after the date of the enactment of this Act, the President shall appoint each member of the Working Group. (B) Composition.--The Working Group shall be composed of not more than 20 members and shall include at least 1 and not more than 3 of each of the following: (i) Public policy experts. (ii) Representatives of the Drug Enforcement Administration. (iii) Representatives of the Food and Drug Administration. (iv) Representatives of the Office of National Drug Control Policy. (v) Representatives of patient groups. (vi) Representatives of pharmacies. (vii) Representatives of manufacturers of drugs. (viii) Representatives of wholesale distributors of drugs. (ix) Representatives of hospitals, physicians, and other health care providers. (x) Representatives of State attorneys general. (xi) Representatives of law enforcement officials, including local law enforcement officials. (xii) Representatives of health benefits plans and entities that provide pharmacy benefits management services on behalf of a health benefits plans. (2) Co-chairs.--The co-chairs shall be elected by the members of the Working Group. The Working Group shall select for election from the members of the Group two individuals, of whom-- (A) one shall be a representative of the Federal Government or a State government; and (B) one shall be a representative of a non- governmental entity. (3) Term; vacancies.--Each member shall be appointed for the life of the Working Group. Any vacancy in the Working Group shall not affect the powers of the Working Group and shall be filled in the same manner in which the original appointment was made. (4) Pay prohibited.--Members of the Working Group shall serve without pay. (c) Meetings.--The Working Group shall meet at the call of the co- chairs. The Working Group shall conduct at least two public meetings, at which the Working Group shall provide opportunity for public comment. (d) Duties of the Working Group.-- (1) In general.--The Working Group shall-- (A) review and report to Congress on Federal initiatives with respect to efforts to reduce prescription drug diversion and abuse; (B) identify gaps and opportunities with respect to ensuring the safe use of prescription drugs with the potential for diversion and abuse; (C) examine recommendations to transfer one or more controlled substances from schedule III to schedule II under the Controlled Substances Act (21 U.S.C. 801 et seq.) to evaluate-- (i) the effectiveness of such a transfer in reducing diversion and abuse; and (ii) any effect of such a transfer on access to prescription drugs for legitimate medical purposes; and (D) make recommendations on specific ways to reduce the diversion and abuse of prescription drugs. (2) Report.-- (A) In general.--Not later than one year after the date of the enactment of this Act, the Working Group shall issue a report to Congress that describes the efforts of the Working Group to prevent or reduce prescription drug diversion and abuse to ensure that patients continue to have access to medications. (B) Recommendations.--The report described in subparagraph (A) shall include specific recommendations for the Drug Enforcement Administration, the Food and Drug Administration, and other Federal and State agencies, as appropriate, and shall address the following topics: (i) Systems for prescription drug monitoring. (ii) Illegal prescription drug Internet sites and facilities that distribute and fill prescriptions indiscriminately. (iii) Facilitating proper disposal of prescription drugs. (iv) Identifying active geographic areas in which prescription drug abuse is prevalent. (v) Ensuring access to prescription drugs for legitimate medical purposes. (vi) Improving collaboration among Federal agencies, especially the Drug Enforcement Administration and the Food and Drug Administration, for purposes of coordinating prevention and enforcement efforts to reduce prescription drug diversion and abuse. (vii) Improving collaboration among Federal agencies and State agencies for purposes of coordinating prevention and enforcement efforts to reduce prescription drug diversion and abuse. (viii) The resource needs for law enforcement with respect to prescription drug abuse. (ix) The need for education of providers, patients, parents, and youth on prescription drug abuse. (x) Development of abuse-resistant prescription drug products. (xi) Recommendations for reducing robberies, burglaries, and cargo theft of prescription drugs. (e) Powers of the Working Group.-- (1) Hearings.--The Working Group may, for the purpose of carrying out this section, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Working Group considers necessary. (2) Information from federal agencies.--The Working Group may secure directly from any Federal department or agency such information as the Working Group considers necessary to carry out this section. Upon the request of the co-chairs of the Working Group, the head of such department or agency shall furnish such information to the Working Group in a timely manner. (f) Termination of the Working Group.--The Working Group shall terminate two years after the date on which the members are appointed under subsection (b).

Ensuring Patient Access and Effective Drug Enforcement Act of 2013 - Amends the Controlled Substances Act to require registrants to manufacture, distribute, or dispense controlled substances to obtain a criminal background check on, and perform drug testing on, each employee with access to facility areas where controlled substances are stored. Requires such background checks to be obtained when such an employee is hired and periodically thereafter, but not more frequently than every two years. Authorizes registration suspension or revocation and a $10,000 penalty for failing to comply with such requirements. Requires the Attorney General, before revoking or suspending a registration under such Act, to: (1) provide the registrant notice of the grounds for doing so, and where such grounds consist of a legal violation, a specific citation to such law; (2) give the registrant an opportunity to submit a corrective action plan within a reasonable time period; and (3) determine whether, in light of the plan, revocation or suspension proceedings should be discontinued or deferred or additional changes need to be made in such plan. Establishes the Combating Prescription Drug Abuse Working Group to: (1) report on federal initiatives to reduce prescription drug diversion and abuse, (2) identify gaps and opportunities to ensure the safe use of prescription drugs with the potential for diversion and abuse, (3) examine recommendations to transfer one or more controlled substances from schedule III to schedule II to evaluate the effectiveness of such a transfer in reducing diversion and abuse and any effect of such a transfer on access to prescription drugs for legitimate medical purposes, (4) make recommendations on specific ways to reduce the diversion and abuse of prescription drugs, and (5) report on its efforts to prevent or reduce prescription drug diversion and abuse to ensure that patients continue to have access to medications.

Ensuring Patient Access and Effective Drug Enforcement Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Plastics Recycling Act of 2009''. SEC. 2. PRODUCTION TAX CREDIT FOR CERTAIN RECYCLING ACTIVITIES. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section: ``SEC. 45R. OIL PRODUCED FROM CERTAIN RECYCLING ACTIVITIES. ``(a) General Rule.--For purposes of section 38, the waste plastic recycling credit for any taxable year is an amount equal to the product of-- ``(1) 60 cents, multiplied by ``(2) the number of gallons of qualified synthetic oil-- ``(A) produced by the taxpayer from qualified feedstock at a qualified small conversion process recycling facility during the 10-year period beginning on the date the facility was originally placed in service, and ``(B) used or sold by the taxpayer in a trade or business to an unrelated person during the taxable year. ``(b) Exception for De Minimis Percentage of Non-Qualifying Feedstock.--In the case that a producer uses non-qualified feedstock to produce a gallon (or part thereof) of qualified synthetic oil, the amount of the credit determined under subsection (a) with respect to such gallon-- ``(1) shall be reduced by an amount equal to the amount of the credit (determined without regard to this subsection) multiplied by the percentage of non-qualifying feedstock used in the production of such gallon, and ``(2) if the percentage of non-qualifying feedstock so used is greater than 15 percent, the credit determined under subsection (a) with respect to such gallon shall be zero. ``(c) Definitions.--For purposes of this section-- ``(1) Qualified synthetic oil.--The term `qualified synthetic oil' means oil derived from eligible feedstocks and which has a minimum market value of 90 percent of crude oil, represented by the New York Mercantile Exchange front-month contract quoted at the time of sale. ``(2) Qualified small conversion process recycling facility.--The term `qualified small conversion process recycling facility' means any facility which-- ``(A) is owned by the taxpayer, ``(B) is originally placed in service after the date of the enactment of this section and before January 1, 2015, and ``(C) has a maximum daily production capacity of not more than 2,000 barrels of qualified synthetic oil. ``(3) Eligible feedstock.--The term `eligible feedstock' means post-consumer and post-industrial waste plastics. ``(4) Plastic.--The term `plastic' means any material that is derived from one or more of the categories of materials in the resin identification system developed by the Society of the Plastics Industry (SPI) in 1988. ``(d) Applicable Rules.--For purposes of this section, rules similar to the rules of paragraphs (1), (3), (4), and (5) of section 45(e) shall apply. ``(e) Denial of Double Benefit.--A credit shall not be allowed under section 40, 40A, or 6426 with respect to any fuel for which a credit is allowed under this section. ``(f) Coordination With Department of Treasury Grants.--In the case of any taxpayer with respect to whom the Secretary makes a grant under section 3 of the Plastics Recycling Act of 2009 with respect to any oil-- ``(1) Denial of credits.--No credit with respect to such oil shall be determined under this section or section 40, 40A, or 6426 for the taxable year in which such grant is made or any subsequent taxable year. ``(2) Recapture of credits made before grant.--If a credit was determined under this section with respect to such oil for any taxable year ending before such grant is made-- ``(A) the tax imposed under subtitle A on the taxpayer for the taxable year in which such grant is made shall be increased by so much of such credit as was allowed under section 38, ``(B) the general business carryforwards under section 39 shall be adjusted so as to recapture the portion of such credit which was not so allowed, and ``(C) the amount of such grant shall be determined without regard to any reduction in the basis of such property by reason of such credit. ``(3) Treatment of grants.--Any such grant shall not be includible in the gross income of the taxpayer.''. (b) Credit Allowed as Part of General Business Credit.--Section 38(b) of such Code (defining current year business credit) is amended by striking ``plus'' at the end of paragraph (34), by striking the period at the end of paragraph (35) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(36) the waste plastic recycling credit determined under section 45R(a).''. (c) Conforming Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45R. Oil produced from certain recycling activities.''. (d) Effective Date.--The amendments made by this section shall apply to oil produced after the date of enactment of this Act. SEC. 3. GRANTS FOR OIL PRODUCED FROM CERTAIN RECYCLING ACTIVITIES IN LIEU OF TAX CREDITS. (a) In General.--Upon application, the Secretary of the Treasury (or the Secretary's delegate) shall make a grant to each person to whom the waste plastic recycling credit determined under section 45R of the Internal Revenue Code of 1986 is allowable for the taxable year in which the grant is made. (b) Grant Determination.--The grant under subsection (a) shall be determined in the same manner as the credit is determined under section 45R of the Internal Revenue Code of 1986 (determined without regard to section 38(c) of such Code) for the taxable year in which the grant is made. (c) Exception for Certain Non-Taxpayers.--The Secretary of the Treasury shall not make any grant under this section to-- (1) any Federal, State, or local government (or any political subdivision, agency, or instrumentality thereof), (2) any organization described in section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code, (3) any entity referred to in paragraph (4) of section 54(j) of such Code, or (4) any partnership or other pass-thru entity any partner (or other holder of an equity or profits interest) of which is described in paragraph (1), (2) or (3). (d) Appropriations.--For purposes of section 1324(b) of title 31, United States Code, a grant under this section shall be treated as a credit provision described in paragraph (2) of such section.

Plastics Recycling Act of 2009 - Amends the Internal Revenue Code to allow a business-related tax credit equal to 60 cents per gallon of qualified synthetic oil produced from recycled waste plastics. Defines "qualified synthetic oil" as oil derived from post-consumer and post-industrial waste plastics and which has a minimum market value of 90% of crude oil. Directs the Secretary of the Treasury to make grants to persons eligible for the waste plastic recycling tax credit provided by this Act in lieu of such credit.

To amend the Internal Revenue Code of 1986 to allow a tax credit for producing oil from recycled waste.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Fraud and Error Prevention Act of 2014''. SEC. 2. FRAUD AND ERROR PREVENTION. (a) In General.--Section 201 of the Social Security Act (42 U.S.C. 401 et seq.) is amended by striking subsection (n) and inserting the following: ``(n) Fraud and Error Prevention.-- ``(1) Subject to paragraph (4), there is hereby appropriated from any one or all of the Trust Funds to the Social Security Administration for each fiscal year beginning with fiscal year 2015 for fraud and error prevention activities described in paragraph (3), in addition to any other amounts otherwise appropriated for such fiscal year, an amount equal to the sum of-- ``(A) the applicable dollar amount (determined under paragraph (2)), plus ``(B) an amount equal to the sum of any fines or other monetary penalties recovered in the previous fiscal year pursuant to sections 208(a), 1129(a), 1140 (to the extent that such penalties are imposed for misuse of words, letters, symbols, or emblems relating to the Social Security Administration), and 1632(a). ``(2) The applicable dollar amount determined under this clause is-- ``(A) for fiscal year 2015, $1,750,000,000; ``(B) for each of fiscal years 2016 through 2020, $1,800,000,000; and ``(C) for each fiscal year thereafter, $1,800,000,000 multiplied by the ratio (not less than 1) of-- ``(i) the Consumer Price Index for all Urban Consumers (CPI-U, published by the Bureau of Labor Statistics of the Department of Labor) for the 1st full calendar year preceding such fiscal year, to ``(ii) the CPI-U for 2018. ``(3) The Commissioner of Social Security may use funds appropriated under paragraph (1) for the following purposes: ``(A) Medical continuing disability reviews conducted pursuant to section 221(i) and section 1614(a)(3)(H). ``(B) SSI redeterminations conducted pursuant to section 1611(c). ``(C) Work-related continuing disability reviews conducted pursuant to section 223(f). ``(D) Establishment or expansion of cooperative disability investigations (CDI) units. ``(E) Pre-effectuation reviews conducted pursuant to section 221(c) and section 1633(e). ``(F) Quality reviews of decisions made by an administrative law judge under this title or title XVI in accordance with section 221(n). ``(G) Recovery of overpayments under sections 204 and 1631(b). ``(H) Recovery of civil penalties imposed under sections 1129 and 1140. ``(I) Supporting prosecution of felonies under section 208. ``(4) Funds appropriated under paragraph (1) for a fiscal year shall not be available for obligation until the report required to be submitted under paragraph (5) 60 days prior to the beginning of such fiscal year has been submitted. ``(5) Not later than 60 days prior to the beginning of each fiscal year after 2014, the Commissioner of Social Security shall submit a report to the Committee on Ways and Means of the House of Representatives, the Committee on Finance of the Senate, and the Office of Management and Budget that includes the following: ``(A) A plan for conducting the fraud and error prevention activities described in paragraph (3) in such fiscal year, including-- ``(i) an itemized statement of the dollar amounts expected to be spent on each such activity during such fiscal year; ``(ii) an itemized statement of the estimated long-term savings to the Trust Funds and the Treasury expected to be obtained as a result of each such activity, and a statement of the estimated total value of benefits paid under this title solely as a result of such activities; ``(iii) performance targets for each such activity; and ``(iv) a certification from the Chief Actuary of the Social Security Administration that the plan will improve the actuarial status of the Trust Funds. ``(B) An assessment of the fraud and error prevention activities described in paragraph (3) conducted in the previous fiscal year, including-- ``(i) an itemized statement of the dollar amounts spent on each such activity during such fiscal year; ``(ii) an itemized statement of the estimated long-term savings to the Trust Funds and the Treasury obtained as a result of each such activity, and a statement of the estimated total value of benefits paid under this title solely as a result of such activities; ``(iii) an assessment of the extent to which performance targets set in the applicable plan for such fiscal year were met; ``(iv) an explanation and a corrective action plan for any failure to meet such performance targets; and ``(v) an assessment of whether funds made available under paragraph (1) for such fiscal year were adequate to protect the Trust Funds from fraud and errors, an explanation of any such funds that remained unobligated at the end of the fiscal year, and recommendations for needed adjustments to future funding in order to protect the Trust Funds from fraud and errors and any additional cost-effective strategies for improving the actuarial status of the Trust Funds. ``(6) Of the discretionary amounts made available for `Social Security Administration--Limitation on Administrative Expenses' for each fiscal year beginning with fiscal year 2015, the amount obligated for the activities described in paragraph (3) shall be not less than the sum of-- ``(A) $273,000,000; plus ``(B) the amount obligated from funds made available for `Social Security Administration-- Limitation on Administrative Expenses' for fiscal year 2013 for the activities described in subparagraphs (C) through (I) of paragraph (3).''. SEC. 3. EXPANSION OF COOPERATIVE DISABILITY INVESTIGATIONS UNITS. Not later than October 1, 2017, the Commissioner of Social Security shall take any necessary actions to ensure that cooperative disability investigations (CDI) units have been established for each of the 50 States, the District of Columbia, Puerto Rico, Guam, the Northern Mariana Islands, the Virgin Islands, and American Samoa. SEC. 4. CODIFICATION OF REQUIREMENT TO CONDUCT QUALITY REVIEWS. Section 221 of the Social Security Act is amended by adding at the end the following: ``(n)(1) The Commissioner of Social Security shall conduct quality reviews in accordance with section 969 of part 404 of title 20, Code of Federal Regulations, in cases described in section 970(a) of such part (as such sections were in effect on January 1, 2014) with respect to decisions in connection with applications for benefits under this title and title XVI, in a sufficient number to ensure compliance with laws, regulations, and other guidance issued by the Commissioner of Social Security. ``(2) The Commissioner of Social Security shall annually submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report that includes-- ``(A) the total number of cases selected for a quality review as described in paragraph (1); ``(B) the number of such cases in which a decision is remanded; and ``(C) the number of such cases in which a decision is modified or reversed.''. SEC. 5. REPORT ON WORK-RELATED CONTINUING DISABILITY REVIEWS. Section 223 of the Social Security Act is amended by adding at the end the following: ``(k) Report on Work-Related Continuing Disability Reviews.--The Commissioner of Social Security shall annually submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report on the number of work-related continuing disability reviews conducted pursuant to subsection (f). Such report shall include-- ``(1) the total number of reports of earnings received by the Commissioner in the previous calendar year from individuals receiving benefits on account of disability under this title or title XVI; ``(2) the number of such reports that resulted in a determination by the Commissioner to conduct a work-related continuing disability review with respect to the beneficiary to whom such report pertains, and the basis on which such determinations were made; ``(3) in the case of a beneficiary selected for a work- related continuing disability review on the basis of a report of earnings-- ``(A) the average number of days between the submission of the report and the initiation of the review, and the average number of days between the initiation and the completion of the review; ``(B) the number of such reviews completed during such calendar year, and the number of such reviews that result in a suspension or termination of benefits; and ``(C) the number of such reviews that had not been completed as of the end of such calendar year; ``(4) the total savings to the Trust Funds and the Treasury generated from benefits terminated as a result of such reviews; and ``(5) with respect to individuals for whom a work-related continuing disability review was completed during such calendar year-- ``(A) the number who participated in the Ticket to Work program under section 1148 during such calendar year; ``(B) the number who used any program work incentives during such calendar year; and ``(C) the number who received vocational rehabilitation services during such calendar year with respect to which the Commissioner of Social Security reimbursed a State agency under section 222(d).''. SEC. 6. COORDINATION OF REPORTS RELATING TO DISABILITY BENEFITS. Section 221(i)(3) of the Social Security Act (42 U.S.C. 421(i)(3)) is amended by adding at the end the following: ``To the extent the Commissioner of Social Security determines to be necessary for maximum efficiency, the Commissioner may submit a combined report consisting of the information required to be submitted under this paragraph, subsection (c)(3)(C), subsection (n)(2), section 201(n)(5), and section 223(k).''. SEC. 7. INCREASED PENALTIES IN CERTAIN CASES OF FRAUD. (a) Conspiracy To Commit Social Security Fraud.--Section 208(a) of the Social Security Act (42 U.S.C. 408(a)) is amended-- (1) in paragraph (7)(C), by striking ``or'' at the end; (2) in paragraph (8), by adding ``or'' at the end; and (3) by inserting after paragraph (8) the following: ``(9) conspires to commit any offense described in any of paragraphs (1) through (4),''. (b) Increased Criminal Penalties for Certain Individuals in Positions of Trust.--Section 208(a) of such Act (42 U.S.C. 408(a)), as amended by subsection (a), is further amended by striking the period at the end and inserting ``, except that in the case of a person who receives a fee or other income for services performed in connection with any determination with respect to benefits under this title, or who is a physician or other health care provider who submits medical evidence in connection with any such determination, such person shall be guilty of a felony and upon conviction thereof shall be fined under title 18, United States Code, or imprisoned for not more than ten years, or both.''. (c) Increased Civil Penalties for Certain Individuals in Positions of Trust.--Section 1129(a)(1) of such Act (42 U.S.C. 1320a-8(a)(1)) is amended, in the matter following subparagraph (C), by inserting after ``withholding disclosure of such fact'' the following: ``, except that in the case of such a person who receives a fee or other income for services performed in connection with any such determination or who is a physician or other health care provider who submits medical evidence in connection with any such determination, the amount of such penalty shall be not more than $7,500''. (d) References to Social Security and Medicare in Electronic Communications.--Section 1140(a)(1) of the Social Security Act (42 U.S.C. 1320b-10(a)(1)) is amended by inserting ``(including any electronic communication)'' after ``or other communication''. (e) Inflation Adjustment of Certain Civil Penalties.--Title XI of the Social Security Act is amended by inserting after section 1129B the following: ``SEC. 1129C. CIVIL PENALTY INFLATION ADJUSTMENT. ``(a) Adjustment by Regulation.--The Commissioner of Social Security shall, not later than 180 days after the date of enactment of the Social Security Fraud and Error Prevention Act of 2014, and at least once every 4 years thereafter-- ``(1) by regulation adjust the maximum amount of each civil monetary penalty by the inflation adjustment described under subsection (b); and ``(2) publish each such regulation in the Federal Register. ``(b) Amount of Adjustment.--The inflation adjustment under subsection (a) shall be determined by increasing the maximum amount of each civil monetary penalty by the cost-of-living adjustment. Any increase determined under this subsection shall be rounded to the nearest-- ``(1) multiple of $1,000 in the case of penalties greater than $1,000 but less than or equal to $10,000; and ``(2) multiple of $5,000 in the case of penalties greater than $10,000 but less than or equal to $100,000. ``(c) Definitions.--For purposes of this section-- ``(1) the term `civil monetary penalty' means-- ``(A) a penalty imposed by paragraph (1) or (3) of section 1129(a); and ``(B) a penalty imposed by paragraph (1) or (2) of section 1140(b). ``(2) the term `cost-of-living adjustment' means the percentage (if any) for each civil monetary penalty by which-- ``(A) the Consumer Price Index for the month of June of the calendar year preceding the adjustment, exceeds ``(B) the Consumer Price Index for the month of June of the calendar year in which the amount of such civil monetary penalty was last set or adjusted pursuant to law. ``(d) Application of Increase.--Any increase under this Act in a civil monetary penalty shall apply only to violations which occur after the date the increase takes effect.''. SEC. 8. EXCLUSION OF CERTAIN MEDICAL EVIDENCE IN DISABILITY CASES. (a) In General.--Section 223(d)(5) of the Social Security Act (42 U.S.C. 423(d)(5)) is amended by adding at the end the following: ``(C) In making any determination with respect to whether an individual is under a disability or continues to be under a disability, the Commissioner of Social Security may not consider, except for good cause as determined by the Commissioner, any evidence furnished by a physician or other health care provider who-- ``(i) has been barred from practice in any State; or ``(ii) has been assessed a penalty under section 1128 or 1129 for the submission of false evidence.''. (b) Regulations.--Not later than 1 year after the date of the enactment of this Act, the Commissioner of Social Security shall issue regulations to carry out the amendment made by subsection (a). (c) Effective Date.--The amendment made by subsection (a) shall apply with respect to determinations of disability made on or after the date that is 1 year after the date of enactment of this Act. SEC. 9. REPEAL OF PROGRAM INTEGRITY ADJUSTMENTS TO DISCRETIONARY SPENDING LIMITS. Section 251(b)(2)(B)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended-- (1) in subclause (II), by adding ``and'' at the end; (2) in subclause (III), by striking the semicolon at the end and inserting a period; and (3) by striking subclauses (IV) through (X).

Social Security Fraud and Error Prevention Act of 2014 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act (SSA) to appropriate from the Social Security Trust Funds to the Social Security Administration for each fiscal year beginning FY2015 amounts for specified fraud and error prevention activities. Prescribes a formula for the calculation of such amounts, which include fines and civil monetary penalties recovered. Directs the Commissioner of Social Security to: (1) report to Congress and the Office of Management and Budget (OMB) a plan for conducting fraud and error prevention activities; (2) take any necessary actions to ensure that cooperative disability investigations (CDI) units have been established for each of the 50 states, the District of Columbia, and the territories; (3) conduct quality reviews in certain cases with respect to decisions in connection with the application for benefits under this title and SSA title XVI (Supplemental Security Income) (SSI), in a sufficient number to ensure compliance with laws, regulations, and other guidance issued by the Commissioner; (4) report annually to Congress the total number of cases selected for such quality review, the number of such cases in which a decision is remanded, and the number of such cases in which a decision is modified or reversed; and (5) report annually to Congress on the number of work-related continuing disability reviews conducted. Allows the Commissioner to submit a combined annual report to specified congressional committees of certain information relating to disability benefits. Increases civil and criminal penalties for specified persons in positions of trust in certain cases of fraud, and requires inflation adjustments every four years for certain civil penalties. Prohibits the Commissioner, in making any determination with respect to whether an individual is or continues to be under a disability, from considering (except for good cause) any evidence furnished by a physician or other health care provider who has been barred from practice or has been assessed a penalty for the submission of false evidence. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to repeal program integrity adjustments after FY2014 to budget authority for continuing disability reviews and redeterminations.

Social Security Fraud and Error Prevention Act of 2014

I72SECTION 1. SHORT TITLE. I20This Act may be cited as the ``Iran Freedom Support Act''. I72SEC. 2. TABLE OF CONTENTS. I20The table of contents for this Act is as follows: Q10 S6211 I42Sec.1.Short title. I42Sec.2.Table of contents. I74TITLE I_CODIFICATION OF SANCTIONS AGAINST IRAN I42Sec.101.Codification of sanctions. I74TITLE II_AMENDMENTS TO THE IRAN AND LIBYA SANCTIONS ACT OF 1996 AND OTHER PROVISIONS RELATED TO INVESTMENT IN IRAN I42Sec.201.Multilateral regime. I42Sec.202.Imposition of sanctions. I42Sec.203.Termination of sanctions. I42Sec.204.Sunset. I42Sec.205.Technical and conforming amendments. I74TITLE III_PROMOTION OF DEMOCRACY FOR IRAN I42Sec.301.Declaration of policy. I42Sec.302.Assistance to support democracy for Iran. I74TITLE IV_POLICY OF THE UNITED STATES TO FACILITATE THE NUCLEAR NONPROLIFERATION OF IRAN I42Sec.401.Sense of Congress. I74TITLE V_PREVENTION OF MONEY LAUNDERING FOR WEAPONS OF MASS DESTRUCTION I42Sec.501.Prevention of money laundering for weapons of mass destruction. S6201 I78TITLE I_CODIFICATION OF SANCTIONS AGAINST IRAN I72SEC. 101. CODIFICATION OF SANCTIONS. I20(a) T5Codification of SanctionsK._Except as otherwise provided in this section, United States sanctions with respect to Iran imposed pursuant to sections 1 and 3 of Executive Order No. 12957, sections 1(e), (1)(g), and (3) of Executive Order No. 12959, and sections 2, 3, and 5 of Executive Order No. 13059 (relating to exports and certain other transactions with Iran) as in effect on January 1, 2006, shall remain in effect. The President may terminate such sanctions, in whole or in part, if the President notifies Congress at least 15 days in advance of such termination. In the event of exigent circumstances, the President may exercise the authority set forth in the preceding sentence without regard to the notification requirement stated therein, except that such notification shall be provided as early as practicable, but in no event later than three working days after such exercise of authority. I20(b) T5No Effect on Other Sanctions Relating to Support for Acts of International TerrorismK._Nothing in this Act shall affect any United States sanction, control, or regulation as in effect on January 1, 2006, relating to a determination under section 6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)(A)), section 620A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)), or section 40(d) of the Arms Export Control Act (22 U.S.C. 2780(d)) that the Government of Iran has repeatedly provided support for acts of international terrorism. I78TITLE II_AMENDMENTS TO THE IRAN AND LIBYA SANCTIONS ACT OF 1996 AND OTHER PROVISIONS RELATED TO INVESTMENT IN IRAN I72SEC. 201. MULTILATERAL REGIME. I20(a) T5WaiverK._Section 4(c) of the Iran and Libya Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended to read as follows: I20``(c) T5WaiverK._ I22``(1) T4In generalK._The President may, on a case by case basis, waive for a period of not more than six months the application of section 5(a) with respect to a national of a country, if the President certifies to the appropriate congressional committees at least 30 days before such waiver is to take effect that such waiver is vital to the national security interests of the United States. I22``(2) T4Subsequent renewal of waiverK._If the President determines that, in accordance with paragraph (1), such a waiver is appropriate, the President may, at the conclusion of the period of a waiver under paragraph (1), renew such waiver for subsequent periods of not more than six months each.''. I20(b) T5InvestigationsK._Section 4 of such Act (50 U.S.C. 1701 note) is amended by adding at the end the following new subsection: I20``(f) T5InvestigationsK._ I22``(1) T4In generalK._The President should initiate an investigation into the possible imposition of sanctions under section 5(a) against a person upon receipt by the United States of credible information indicating that such person is engaged in investment activity in Iran as described in such section. I22``(2) T4Determination and notificationK._Not later than 180 days after an investigation is initiated in accordance with paragraph (1), the President should determine, pursuant to section 5(a), if a person has engaged in investment activity in Iran as described in such section and shall notify the appropriate congressional committees of the basis for any such determination.''. I72SEC. 202. IMPOSITION OF SANCTIONS. I20(a) T5Sanctions With Respect to Development of Petroleum ResourcesK._Section 5(a) of the Iran and Libya Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended in the heading, by striking ``T5to IranK'' and inserting ``T5to the Development of Petroleum Resources of IranK''. I20(b) T5Sanctions With Respect to Development of Weapons of Mass Destruction or Other Military CapabilitiesK._Section 5(b) of such Act (50 U.S.C. 1701 note) is amended to read as follows: I20``(b) T5Mandatory Sanctions With Respect to Development of Weapons of Mass Destruction or Other Military CapabilitiesK._The President shall impose two or more of the sanctions described in paragraphs (1) through (6) of section 6 if the President determines that a person has, on or after the date of the enactment of this Act, exported, transferred, or otherwise provided to Iran any goods, services, technology, or other items knowing that the provision of such goods, services, technology, or other items would contribute materially to the ability of Iran to_ I22``(1) acquire or develop chemical, biological, or nuclear weapons or related technologies; or I22``(2) acquire or develop destabilizing numbers and types of advanced conventional weapons.''. I20(c) T5Effective DateK._The amendments made by this section shall apply with respect to actions taken on or after June 6, 2006. I72SEC. 203. TERMINATION OF SANCTIONS. I20Section 8(a) of the Iran and Libya Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended_ I22(1) in paragraph (1)(C), by striking ``and'' at the end; I22(2) in paragraph (2), by striking the period at the end and inserting ``; and''; and I22(3) by adding at the end the following new paragraph: I22``(3) poses no significant threat to United States national security, interests, or allies.''. I72SEC. 204. SUNSET. I20Section 13 of the Iran and Libya Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended by striking ``on September 29, 2006'' and inserting ``on December 31, 2011''. I72SEC. 205. TECHNICAL AND CONFORMING AMENDMENTS. I20(a) T5FindingsK._Section 2 of the Iran and Libya Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended by striking paragraph (4). I20(b) T5Declaration of PolicyK._Section 3 of the Iran and Libya Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended_ I22(1) in subsection (a), by striking ``(a) T5Policy With Respect to Iran._K''; and I22(2) by striking subsection (b). I20(c) T5Termination of SanctionsK._Section 8 of the Iran and Libya Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended_ I22(1) in subsection (a), by striking� ``(a) T5Iran._K''; and I22(2) by striking subsection (b). I20(d) T5Duration of Sanctions; Presidential WaiverK._Section 9(c)(2)(C) of the Iran and Libya Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended to read as follows: I24``(C) an estimate of the significance of the provision of the items described in section 5(a) or section 5(b) to Iran's ability to, respectively, develop its petroleum resources or its weapons of mass destruction or other military capabilities; and''. I20(e) T5Reports RequiredK._Section 10(b)(1) of the Iran and Libya Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended by striking ``and Libya'' each place it appears. I20(f) T5DefinitionsK._Section 14 of the Iran and Libya Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended_ I22(1) in paragraph (9)_ I24(A) in the matter preceding subparagraph (A), by_ I26(i) striking ``, or with the Government of Libya or a nongovernmental entity in Libya,''; and I26(ii) by striking ``nongovenmental'' and inserting ``nongovernmental''; and I24(B) in subparagraph (A), by striking ``or Libya (as the case may be)''; I22(2) by striking paragraph (12); and I22(3) by redesignating paragraphs (13), (14), (15), (16), and (17) as paragraphs (12), (13), (14), (15), and (16), respectively. I20(g) T5Short TitleK._ I22(1) T4In generalK._Section 1 of the Iran and Libya Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended by striking ``and Libya''. I22(2) T4ReferencesK._Any reference in any other provision of law, regulation, document, or other record of the United States to the ``Iran and Libya Sanctions Act of 1996'' shall be deemed to be a reference to the ``Iran Sanctions Act of 1996''. I78TITLE III_PROMOTION OF DEMOCRACY FOR IRAN I72SEC. 301. DECLARATION OF POLICY. I20(a) T5In GeneralK._Congress declares that it should be the policy of the United States_ I22(1) to support efforts by the people of Iran to exercise self-determination over the form of government of their country; and I22(2) to support independent human rights and peaceful pro-democracy forces in Iran. I20(b) T5Rule of ConstructionK._Nothing in this Act shall be construed as authorizing the use of force against Iran. I72SEC. 302. ASSISTANCE TO SUPPORT DEMOCRACY FOR IRAN. I20(a) T5AuthorizationK._ I22(1) T4In generalK._Notwithstanding any other provision of law, the President is authorized to provide financial and political assistance (including the award of grants) to foreign and domestic individuals, organizations, and entities working for the purpose of supporting and promoting democracy for Iran. Such assistance may include the award of grants to eligible independent pro-democracy radio and television broadcasting organizations that broadcast into Iran. I22(2) T4Limitation on assistanceK._In accordance with the rule of construction described in subsection (b) of section 301, none of the funds authorized under this section shall be used to support the use of force against Iran. I20(b) T5Eligibility for AssistanceK._Financial and political assistance under this section should be provided only to an individual, organization, or entity that_ I22(1) officially opposes the use of violence and terrorism and has not been designated as a foreign terrorist organization under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189) at any time during the preceding four years; I22(2) advocates the adherence by Iran to nonproliferation regimes for nuclear, chemical, and biological weapons and materiel; I22(3) is dedicated to democratic values and supports the adoption of a democratic form of government in Iran; I22(4) is dedicated to respect for human rights, including the fundamental equality of women; I22(5) works to establish equality of opportunity for people; and I22(6) supports freedom of the press, freedom of speech, freedom of association, and freedom of religion. I20(c) T5FundingK._The President may provide assistance under this section using_ I22(1) funds available to the Middle East Partnership Initiative (MEPI), the Broader Middle East and North Africa Initiative, and the Human Rights and Democracy Fund; and I22(2) amounts made available pursuant to the authorization of appropriations under subsection (g). I20(d) T5NotificationK._Not later than 15 days before each obligation of assistance under this section, and in accordance with the procedures under section 634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2394�09l), the President shall notify the Committee on International Relations and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate. I20(e) T5Sense of Congress Regarding Diplomatic AssistanceK._It is the sense of Congress that_ I22(1) support for a transition to democracy in Iran should be expressed by United States representatives and officials in all appropriate international fora; I22(2) officials and representatives of the United States should_ I24(A) strongly and unequivocally support indigenous efforts in Iran calling for free, transparent, and democratic elections; and I24(B) draw international attention to violations by the Government of Iran of human rights, freedom of religion, freedom of assembly, and freedom of the press. I20(f) T5DurationK._The authority to provide assistance under this section shall expire on December 31, 2011. I20(g) T5Authorization of AppropriationsK._There is authorized to be appropriated to the Secretary of State such sums as may be necessary to carry out this section. I78TITLE IV_POLICY OF THE UNITED STATES TO FACILITATE THE NUCLEAR NONPROLIFERATION OF IRAN I72SEC. 401. SENSE OF CONGRESS. I20(a) T5Sense of CongressK._It should be the policy of the United States not to bring into force an agreement for cooperation with the government of any country that is assisting the nuclear program of Iran or transferring advanced conventional weapons or missiles to Iran unless the President has determined that_ I22(1) Iran has suspended all enrichment-related and reprocessing-related activity (including uranium conversion and research and development, manufacturing, testing, and assembly relating to enrichment and reprocessing), has committed to verifiably refrain permanently from such activity in the future (except potentially the conversion of uranium exclusively for export to foreign nuclear fuel production facilities pursuant to internationally agreed arrangements and subject to strict international safeguards), and is abiding by that commitment; or I22(2) the government of that country_ I24(A) has, either on its own initiative or pursuant to a binding decision of the United Nations Security Council, suspended all nuclear assistance to Iran and all transfers of advanced conventional weapons and missiles to Iran, pending a decision by Iran to implement measures that would permit the President to make the determination described in paragraph (1); and I24(B) is committed to maintaining that suspension until Iran has implemented measures that would permit the President to make such determination. I20(b) T5DefinitionsK._In this section: I22(1) T4Agreement for cooperationK._The term ``agreement for cooperation'' has the meaning given that term in section 11 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(b)). I22(2) T4Assisting the nuclear program of iranK._The term ``assisting the nuclear program of Iran'' means the intentional transfer to Iran by a government, or by a person subject to the jurisdiction of a government, with the knowledge and acquiescence of that government, of goods, services, or technology listed on the Nuclear Suppliers Group Guidelines for the Export of Nuclear Material, Equipment and Technology (published by the International Atomic Energy Agency as Information Circular INFCIRC/254/Rev. 3/Part 1, and subsequent revisions) or Guidelines for Transfers of Nuclear-Related Dual-Use Equipment, Material and Related Technology (published by the International Atomic Energy Agency as Information Circular INFCIRC/254/Rev. 3/Part 2 and subsequent revisions). I22(3) T4Transferring advanced conventional weapons or missiles to iranK._The term ``transferring advanced conventional weapons or missiles to Iran'' means the intentional transfer to Iran by a government, or by a person subject to the jurisdiction of a government, with the knowledge and acquiescence of that government, of_ I24(A) advanced conventional weapons; or I24(B) goods, services, or technology listed on the Missile Technology Control Regime Equipment and Technology Annex of June 11, 1996, and subsequent revisions. I78TITLE V_PREVENTION OF MONEY LAUNDERING FOR WEAPONS OF MASS DESTRUCTION I72SEC. 501. PREVENTION OF MONEY LAUNDERING FOR WEAPONS OF MASS DESTRUCTION. I20Section 5318A(c)(2) of title 31, United States Code, is amended_ I22(1) in subparagraph (A)(i), by striking ``or both,'' and inserting ``or entities involved in the proliferation of weapons of mass destruction or missiles''; and I22(2) in subparagraph (B)(i), by inserting ``, including any money laundering activity by organized criminal groups, international terrorists, or entities involved in the proliferation of weapons of mass destruction or missiles'' before the semicolon at the end. S6301I76�08

Iran Freedom Support Act - States that: (1) specified U.S. sanctions, controls, and regulations with respect to Iran shall remain in effect. Authorizes the President to terminate such sanctions in whole or in part upon congressional notification; and (2) nothing in this Act shall affect sanctions, controls, or regulations relating to Iranian support of international terrorism. Amends the Iran and Libya Sanctions Act of 1996 to: (1) eliminate mandatory sanction provisions respecting Libya; (2) impose mandatory sanctions on a person or entity that aids Iran acquire or develop weapons of mass destruction or destabilizing types and numbers of conventional weapons; (3) require that Iran be determined to pose no significant threat to U.S. national security, interests, or allies in order to lift sanctions against entities investing in Iran's petroleum industry; (4) extend the sunset provision; and (5) rename such Act as the Iran Sanctions Act of 1996. Authorizes the President to provide financial and political assistance to eligible foreign and domestic individuals and groups that support democracy in Iran. Expresses the sense of Congress that it should be U.S. policy to: (1) not bring into force an agreement for cooperation with the government of any country that is assisting the nuclear program of Iran or transferring advanced conventional weapons or missiles to Iran; and (2) support independent human rights and peaceful pro-democracy forces in Iran. Includes money laundering activities involved in the proliferation of weapons of mass destruction or missiles in the federal provisions regulating certain monetary transactions.

A bill to hold the current regime in Iran accountable for its threatening behavior and to support a transition to democracy in Iran.

SECTION 1. SHORT TITLE. This Act may be cited as the ``America Star Act''. SEC. 2. DEFINITIONS. In this Act: (1) America star company.--The term ``America Star company'' means a participating company that is designated as an America Star company under section 3(e). (2) America star program.--The term ``America Star program'' means the voluntary program established under this Act. (3) Applicant company.--The term ``applicant company'' means a company that applies for designation as an America Star company. (4) Participating company.--The term ``participating company'' means an applicant company that-- (A) meets the application requirements set forth by the Secretary under section 3(b)(1); and (B) is not ineligible under section 3(b)(2) for participation in the America Star program. (5) Secretary.--The term ``Secretary'' means the Secretary of Labor. (6) Veteran.--The term ``veteran'' has the meaning given the term in section 101 of title 38, United States Code. SEC. 3. AMERICA STAR PROGRAM. (a) Establishment.--The Secretary shall establish, within the Department of Labor, a voluntary program to be known as the ``America Star program'' to annually designate participating companies as America Star companies based on their support for the workforce of the United States during the previous calendar year. (b) Application Process.-- (1) In general.--The Secretary shall establish procedures for companies seeking a designation under this Act to apply for participation in the America Star program for a calendar year, including a deadline for companies to apply for such participation. (2) Ineligibility.--A company shall be ineligible to participate in the America Star program if-- (A) the Secretary has determined that such company has committed a serious, repeated, or willful violation, as described in paragraph (3), of a provision under-- (i) the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.); (ii) the National Labor Relations Act (29 U.S.C. 151 et seq.); (iii) the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.); (iv) the Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.); (v) the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.); (vi) the Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.); or (vii) title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.); or (B) there is evidence that such company has substantially outsourced, as defined by the Secretary, jobs in the United States to another country during the previous 5 calendar years. (3) Serious, repeated, or willful violation.-- (A) Serious.--For the purpose of determining whether a violation is serious under paragraph (2)(A), the Secretary shall, with respect to each of the previous 3 calendar years, consider-- (i) the number of employees of such company affected by the violation; (ii) the degree of risk posed or actual harm caused by the violation to the health, safety, or well-being of an employee of such company; (iii) the amount of damages incurred or fines or penalties assessed on account of the violation; and (iv) any other consideration the Secretary determines appropriate. (B) Repeated.--For the purpose of determining whether a violation is repeated under paragraph (2)(A), the Secretary shall consider whether such company has had 1 or more additional violations of the same, or a substantially similar, requirement during any of the previous 3 calendar years. (C) Willful.--For the purpose of determining whether a violation is willful under paragraph (2)(A), the Secretary shall consider whether such company knew of, showed reckless disregard for, or acted with plain indifference as to whether the conduct of such company was prohibited by any of the laws listed in paragraph (2)(A) during any of the previous 3 calendar years. (c) Classification Groups.--The Secretary shall place each applicant company that meets the requirements under subsection (b) into a classification group based on size and industry. (d) Scoring System.-- (1) In general.--The Secretary, in consultation with any other relevant Federal agency as determined by the Secretary, shall develop a system to score participating companies based on their performance, during the previous calendar year, in the categories described in paragraph (2), compared to other participating companies within the classification group of such company as determined under subsection (c). (2) Categories.-- (A) In general.--The score that a participating company receives for such company's performance during the previous calendar year shall be based on the following categories: (i) Wages.--The ratio of the total annual compensation, including benefits, of the employee receiving the greatest compensation at such participating company compared to the median total annual compensation, including benefits, of all employees at such company, with a higher score for participating companies with a lower such ratio. (ii) Made in usa.--The percentage of the products manufactured or sold by such participating company that meet the standards of the Federal Trade Commission for labeling as ``Made in USA'', with a higher score for participating companies with a higher such percentage. (iii) Veterans.--The use of veterans employment initiatives to promote employment opportunities at such participating company for veterans, with a higher score for participating companies utilizing more robust initiatives as determined by the Secretary. Such initiatives may include-- (I) veterans recruitment and hiring programs; (II) job training and counseling programs for veterans; (III) internal education programs, for human resources or hiring staff, on the skills veterans attain from serving as veterans and the positive roles veterans can play at such participating company; and (IV) mentorship programs involving veterans working at such participating company and unemployed veterans. (iv) Additional categories.--For any classification group determined appropriate by the Secretary, the Secretary may add any additional category that such Secretary determines to be representative of overall positive treatment of workers in the United States, including-- (I) the implementation and use of initiatives or practices to promote diversity and employment of women; (II) the demonstration of pay parity for men and women of equivalent levels of employment performing equivalent work; and (III) the implementation of worker support programs, including-- (aa) retirement plans; (bb) paid family and medical leave insurance; (cc) development programs, such as job training courses or assistance with attaining a higher education degree; and (dd) work schedule flexibility. (B) Priority of categories.--In scoring each participating company, the Secretary shall weigh the categories described in subparagraph (A) by offering the greatest number of points for performance under clauses (i), (ii), and (iii) of such subparagraph, with performance under each such clause receiving an equal weight, and the least number of points for performance under clause (iv) of such subparagraph. (e) America Star Designation.-- (1) In general.--Upon scoring each participating company, the Secretary shall, if appropriate, designate participating companies, within each classification group receiving the highest, or relatively high, scores or otherwise demonstrating exceptional support for workers in the United States based on performance in the categories under subsection (d)(2). (2) Number of designations.--For each calendar year, the Secretary shall determine the number of participating companies to designate as America Star companies within each classification group determined under subsection (c). (3) Deadline.--On Labor Day of each calendar year, the Secretary shall announce the companies to be designated as America Star companies. (f) Marketing; Advertising.-- (1) Program.--The Secretary shall annually market the America Star program through a webpage, on the website of the Department of Labor, that includes-- (A) general information describing the America Star program; (B) the relevant information for applying to such program, including the application process, the ineligibility criteria, any deadlines under subsection (b), and how to submit such application; and (C) a list of companies designated under subsection (e) as America Star companies for each previous calendar year. (2) Awards.-- (A) In general.--The Secretary shall design a label for designation as an America Star company. (B) Permissible uses.--An America Star company may, subject to subparagraph (C)(i), use a label designed under subparagraph (A) for advertising purposes by displaying such label next to the logo for such company. (C) Impermissible uses.-- (i) Recipient companies.--An America Star company may not use a label designed under subparagraph (A) to advertise a specific product. (ii) Nonrecipient companies.--A company that is not designated as an America Star company under subsection (e) may not use a label designed under subparagraph (A) for any purpose. (3) Enforcement by federal trade commission.-- (A) Unfair or deceptive act or practice.--A violation of paragraph (2)(C)(ii) shall be treated as a violation of a rule defining an unfair or deceptive act or practice described under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (B) Powers of commission.-- (i) In general.--The Federal Trade Commission shall enforce this subsection in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this subsection. (ii) Privileges and immunities.--Any person who violates this subsection shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.). (iii) Rulemaking.--The Federal Trade Commission may promulgate standards and rules to carry out this subsection in accordance with section 553 of title 5, United States Code.

America Star Act This bill directs the Secretary of Labor to establish within the Department of Labor a voluntary America Star program under which the Secretary annually shall designate certain companies, based on specified performance categories, as America Star companies for their support for the U.S. workforce. Companies are ineligible to participate in the program if they commit serious, repeated, or willful violations of specified federal labor law. The Secretary shall: (1) market the America Star program annually to the public through the Department's website, and (2) design a label for designated America Star companies to use by displaying it next to the company's logo. The Federal Trade Commission shall treat as an unfair or deceptive practice the use of a label by a company not designated as an America Star company in violation with the requirements of this Act.

America Star Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Guard Empowerment Act of 2007''. SEC. 2. EXPANDED AUTHORITY OF CHIEF OF THE NATIONAL GUARD BUREAU AND EXPANDED FUNCTIONS OF THE NATIONAL GUARD BUREAU. (a) Expanded Authority.-- (1) In general.--Subsection (a) of section 10501 of title 10, United States Code, is amended by striking ``joint bureau of the Department of the Army and the Department of the Air Force'' and inserting ``joint activity of the Department of Defense''. (2) Purpose.--Subsection (b) of such section is amended by striking ``between'' and all that follows and inserting ``between-- ``(1)(A) the Secretary of Defense, the Joint Chiefs of Staff, and the commanders of the combatant commands of the United States, and (B) the Department of the Army and the Department of the Air Force; and ``(2) the several States.''. (b) Enhancements of Position of Chief of National Guard Bureau.-- (1) Advisory function on national guard matters.-- Subsection (c) of section 10502 of title 10, United States Code, is amended by inserting ``to the Secretary of Defense, to the Chairman of the Joint Chiefs of Staff,'' after ``principal adviser''. (2) Member of joint chiefs of staff.--(A) Such section is further amended-- (i) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (ii) by inserting after subsection (c) the following new subsection (d): ``(d) Member of Joint Chiefs of Staff.--The Chief of the National Guard Bureau shall perform the duties prescribed for him or her as a member of the Joint Chiefs of Staff under section 151 of this title.''. (B) Section 151(a) of such title is amended by adding at the end the following new paragraph: ``(7) The Chief of the National Guard Bureau.''. (3) Grade.--Subsection (e) of such section, as redesignated by paragraph (2)(A)(i) of this subsection, is further amended by striking ``lieutenant general'' and inserting ``general''. (4) Annual report to congress on validated requirements.-- Section 10504 of such title is amended by adding at the end the following new subsection: ``(c) Annual Report on Validated Requirements.--Not later than December 31 each year, the Chief of the National Guard Bureau shall submit to Congress a report on the following: ``(1) The requirements validated under section 10503a(b)(1) of this title during the preceding fiscal year. ``(2) The requirements referred to in paragraph (1) for which funding is to be requested in the next budget for a fiscal year under section 10544 of this title. ``(3) The requirements referred to in paragraph (1) for which funding will not be requested in the next budget for a fiscal year under section 10544 of this title.''. (c) Enhancement of Functions of National Guard Bureau.-- (1) Development of charter.--Section 10503 of title 10, United States Code, is amended-- (A) in the matter preceding paragraph (1), by striking ``The Secretary of the Army and the Secretary of the Air Force shall jointly develop'' and inserting ``The Secretary of Defense, in consultation with the Secretary of the Army and the Secretary of the Air Force, shall develop''; and (B) in paragraph (12), by striking ``the Secretaries'' and inserting ``the Secretary of Defense''. (2) Additional general functions.--Such section is further amended-- (A) by redesignating paragraph (12), as amended by paragraph (1)(B) of this subsection, as paragraph (13); and (B) by inserting after paragraph (11) the following new paragraph (12): ``(12) Facilitating and coordinating with other Federal agencies, and with the several States, the use of National Guard personnel and resources for and in contingency operations, military operations other than war, natural disasters, support of civil authorities, and other circumstances.''. (3) Military assistance for civil authorities.--Chapter 1011 of such title is further amended by inserting after section 10503 the following new section: ``Sec. 10503a. Functions of National Guard Bureau: military assistance to civil authorities ``(a) Identification of Additional Necessary Assistance.--The Chief of the National Guard Bureau shall-- ``(1) identify gaps between Federal and State capabilities to prepare for and respond to emergencies; and ``(2) make recommendations to the Secretary of Defense on programs and activities of the National Guard for military assistance to civil authorities to address such gaps. ``(b) Scope of Responsibilities.--In meeting the requirements of subsection (a), the Chief of the National Guard Bureau shall, in coordination with the adjutants general of the States, have responsibilities as follows: ``(1) To validate the requirements of the several States and Territories with respect to military assistance to civil authorities. ``(2) To develop doctrine and training requirements relating to the provision of military assistance to civil authorities. ``(3) To acquire equipment, materiel, and other supplies and services for the provision of military assistance to civil authorities. ``(4) To assist the Secretary of Defense in preparing the budget required under section 10544 of this title. ``(5) To administer amounts provided the National Guard for the provision of military assistance to civil authorities. ``(6) To carry out any other responsibility relating to the provision of military assistance to civil authorities as the Secretary of Defense shall specify. ``(c) Assistance.--The Chairman of the Joint Chiefs of Staff shall assist the Chief of the National Guard Bureau in carrying out activities under this section. ``(d) Consultation.--The Chief of the National Guard Bureau shall carry out activities under this section in consultation with the Secretary of the Army and the Secretary of the Air Force.''. (4) Budgeting for training and equipment for military assistance to civil authorities and other domestic missions.-- Chapter 1013 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 10544. National Guard training and equipment: budget for military assistance to civil authorities and for other domestic operations ``(a) In General.--The budget justification documents materials submitted to Congress in support of the budget of the President for a fiscal year (as submitted with the budget of the President under section 1105(a) of title 31) shall specify separate amounts for training and equipment for the National Guard for purposes of military assistance to civil authorities and for other domestic operations during such fiscal year. ``(b) Scope of Funding.--The amounts specified under subsection (a) for a fiscal year shall be sufficient for purposes as follows: ``(1) The development and implementation of doctrine and training requirements applicable to the assistance and operations described in subsection (a) for such fiscal year. ``(2) The acquisition of equipment, materiel, and other supplies and services necessary for the provision of such assistance and such operations in such fiscal year.''. (5) Limitation on increase in personnel of national guard bureau.--The Secretary of Defense shall, to the extent practicable, ensure that no additional personnel are assigned to the National Guard Bureau in order to address administrative or other requirements arising out of the amendments made by this subsection. (d) Conforming and Clerical Amendments.-- (1) Conforming amendment.--The heading of section 10503 of title 10, United States Code, is amended to read as follows: ``Sec. 10503. Functions of National Guard Bureau: charter''. (2) Clerical amendments.--(A) The table of sections at the beginning of chapter 1011 of such title is amended by striking the item relating to section 10503 and inserting the following new items: ``10503. Functions of National Guard Bureau: charter. ``10503a. Functions of National Guard Bureau: military assistance to civil authorities.''. (B) The table of sections at the beginning of chapter 1013 of such title is amended by adding at the end the following new item: ``10544. National Guard training and equipment: budget for military assistance to civil authorities and for other domestic operations.''. SEC. 3. PROMOTION OF ELIGIBLE RESERVE OFFICERS TO LIEUTENANT GENERAL AND VICE ADMIRAL GRADES ON THE ACTIVE-DUTY LIST. (a) Sense of Congress.--It is the sense of Congress that, whenever officers are considered for promotion to the grade of lieutenant general, or vice admiral in the case of the Navy, on the active duty list, officers of the reserve components of the Armed Forces who are eligible for promotion to such grade should be considered for promotion to such grade. (b) Proposal.--The Secretary of Defense shall submit to Congress a proposal for mechanisms to achieve the objective specified in subsection (a). The proposal shall include such recommendations for legislative or administrative action as the Secretary considers appropriate in order to achieve that objective. (c) Notice Accompanying Nominations.--The President shall include with each nomination of an officer to the grade of lieutenant general, or vice admiral in the case of the Navy, on the active-duty list that is submitted to the Senate for consideration a certification that all reserve officers who were eligible for consideration for promotion to such grade were considered in the making of such nomination. SEC. 4. PROMOTION OF RESERVE OFFICERS TO LIEUTENANT GENERAL GRADE. (a) Treatment of Service as Adjutant General as Joint Duty Experience.-- (1) Directors of army and air national guard.--Section 10506(a)(3) of title 10, United States Code, is amended-- (A) by redesignating subparagraphs (C), (D), and (E) as subparagraphs (D), (E), and (F), respectively; and (B) by inserting after subparagraph (B) the following new subparagraph (C): ``(C) Service of an officer as adjutant general shall be treated as joint duty experience for purposes of subparagraph (B)(ii).''. (2) Other officers.--The service of an officer of the Armed Forces as adjutant general, or as an officer (other than adjutant general) of the National Guard of a State who performs the duties of adjutant general under the laws of such State, shall be treated as joint duty or joint duty experience for purposes of any provisions of law required such duty or experience as a condition of promotion. (b) Reports on Promotion of Reserve Major Generals to Lieutenant General Grade.-- (1) Review required.--The Secretary of the Army and the Secretary of the Air Force shall each conduct a review of the promotion practices of the military department concerned in order to identify and assess the practices of such military department in the promotion of reserve officers from major general grade to lieutenant general grade. (2) Reports.--Not later than 60 days after the date of the enactment of this Act, the Secretary of the Army and the Secretary of the Air Force shall each submit to the congressional defense committees a report on the review conducted by such official under paragraph (1). Each report shall set forth-- (A) the results of such review; and (B) a description of the actions intended to be taken by such official to encourage and facilitate the promotion of additional reserve officers from major general grade to lieutenant general grade. (3) Congressional defense committees defined.--In this subsection, the term ``congressional defense committees'' means-- (A) the Committees on Armed Services and Appropriations of the Senate; and (B) the Committees on Armed Services and Appropriations of the House of Representatives. SEC. 5. REQUIREMENT THAT POSITION OF DEPUTY COMMANDER OF THE UNITED STATES NORTHERN COMMAND BE FILLED BY A QUALIFIED NATIONAL GUARD OFFICER. (a) In General.--The position of Deputy Commander of the United States Northern Command shall be filled by a qualified officer of the National Guard who is eligible for promotion to the grade of lieutenant general. (b) Purpose.--The purpose of the requirement in subsection (a) is to ensure that information received from the National Guard Bureau regarding the operation of the National Guard of the several States is integrated into the plans and operations of the United States Northern Command. SEC. 6. REQUIREMENT FOR SECRETARY OF DEFENSE TO PREPARE ANNUAL PLAN FOR RESPONSE TO NATURAL DISASTERS AND TERRORIST EVENTS. (a) Requirement for Annual Plan.--Not later than March 1, 2007, and each March 1 thereafter, the Secretary of Defense, in consultation with the commander of the United States Northern Command and the Chief of the National Guard Bureau, shall prepare and submit to Congress a plan for coordinating the use of the National Guard and members of the Armed Forces on active duty when responding to natural disasters, acts of terrorism, and other man-made disasters as identified in the national planning scenarios described in subsection (e). (b) Information To Be Provided to Secretary.--To assist the Secretary of Defense in preparing the plan, the National Guard Bureau, pursuant to its purpose as channel of communications as set forth in section 10501(b) of title 10, United States Code, shall provide to the Secretary information gathered from Governors, adjutants general of States, and other State civil authorities responsible for homeland preparation and response to natural and man-made disasters. (c) Two Versions.--The plan shall set forth two versions of response, one using only members of the National Guard, and one using both members of the National Guard and members of the regular components of the Armed Forces. (d) Matters Covered.--The plan shall cover, at a minimum, the following: (1) Protocols for the Department of Defense, the National Guard Bureau, and the Governors of the several States to carry out operations in coordination with each other and to ensure that Governors and local communities are properly informed and remain in control in their respective States and communities. (2) An identification of operational procedures, command structures, and lines of communication to ensure a coordinated, efficient response to contingencies. (3) An identification of the training and equipment needed for both National Guard personnel and members of the Armed Forces on active duty to provide military assistance to civil authorities and for other domestic operations to respond to hazards identified in the national planning scenarios. (e) National Planning Scenarios.--The plan shall provide for response to the following hazards: (1) Nuclear detonation, biological attack, biological disease outbreak/pandemic flu, the plague, chemical attack- blister agent, chemical attack-toxic industrial chemicals, chemical attack-nerve agent, chemical attack-chlorine tank explosion, major hurricane, major earthquake, radiological attack-radiological dispersal device, explosives attack-bombing using improvised explosive device, biological attack-food contamination, biological attack-foreign animal disease and cyber attack. (2) Any other hazards identified in a national planning scenario developed by the Homeland Security Council. SEC. 7. ADDITIONAL REPORTING REQUIREMENTS RELATING TO NATIONAL GUARD EQUIPMENT. Section 10541 of title 10, United States Code, is amended by adding at the end the following new subsection: ``(d) Each report under this section concerning equipment of the National Guard shall also include the following: ``(1) A statement of the accuracy of the projections required by subsection (b)(5)(D) contained in earlier reports under this section, and an explanation, if the projection was not met, of why the projection was not met. ``(2) A certification from the Chief of the National Guard Bureau setting forth an inventory for the preceding fiscal year of each item of equipment-- ``(A) for which funds were appropriated; ``(B) which was due to be procured for the National Guard during that fiscal year; and ``(C) which has not been received by a National Guard unit as of the close of that fiscal year.''.

National Guard Empowerment Act of 2007 - Expands the: (1) authority of the Chief of the National Guard Bureau (Bureau) to include membership on the Joint Chiefs of Staff (JCS) (and raises the grade of the Chief from lieutenant general to general); and (2) functions of the Bureau to include facilitating and coordinating, with other federal agencies and the states, the use of Guard personnel and resources for, and in, contingency operations, military operations other than war, natural disasters, and support of civil authorities. Directs the Chief to: (1) identify gaps between federal and state capabilities to prepare for and respond to emergencies; and (2) make recommendations to the Secretary of Defense on Guard programs and activities to address such gaps. Requires annual Department of Defense (DOD) budget justification documents to include separate amounts for Guard training and equipment for military assistance to civil authorities and other domestic operations. Expresses the sense of Congress calling for consideration of eligible reserve officers for promotion to the grades of lieutenant general or vice admiral on the active duty list. Treats service as a Bureau adjutant general as joint duty experience. Requires the position of Deputy Commander of the U.S. Northern Command to be filled by a qualified Guard officer eligible for promotion to the grade of lieutenant general. Requires an annual plan for the use of the Armed Forces and National Guard for responding to disasters and acts of terrorism.

A bill to amend title 10, United States Code, to enhance the national defense through empowerment of the Chief of the National Guard Bureau and the enhancement of the functions of the National Guard Bureau, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Columbine-Hondo Wilderness Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I--ADDITION TO THE NATIONAL WILDERNESS PRESERVATION SYSTEM Sec. 101. Designation of the Columbine-Hondo Wilderness. Sec. 102. Wheeler Peak Wilderness boundary modification. Sec. 103. Authorization of appropriations. TITLE II--LAND CONVEYANCES AND SALES Sec. 201. Town of Red River land conveyance. Sec. 202. Village of Taos Ski Valley land conveyance. Sec. 203. Authorization of sale of certain National Forest System land. SEC. 2. DEFINITIONS. In this Act: (1) Red river conveyance map.--The term ``Red River Conveyance Map'' means the map entitled ``Town of Red River Town Site Act Proposal'' and dated April 19, 2012. (2) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (3) State.--The term ``State'' means the State of New Mexico. (4) Town.--The term ``Town'' means the town of Red River, New Mexico. (5) Village.--The term ``Village'' means the village of Taos Ski Valley, New Mexico. (6) Wilderness.--The term ``Wilderness'' means the Columbine-Hondo Wilderness designated by section 101(a). (7) Wilderness map.--The term ``Wilderness Map'' means the map entitled ``Columbine-Hondo, Wheeler Peak Wilderness'' and dated April 25, 2012. TITLE I--ADDITION TO THE NATIONAL WILDERNESS PRESERVATION SYSTEM SEC. 101. DESIGNATION OF THE COLUMBINE-HONDO WILDERNESS. (a) In General.--In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the approximately 45,000 acres of land in the Carson National Forest in the State, as generally depicted on the Wilderness Map, is designated as wilderness and as a component of the National Wilderness Preservation System, which shall be known as the ``Columbine-Hondo Wilderness''. (b) Management.--Subject to valid existing rights, the Wilderness shall be administered by the Secretary in accordance with this Act and the Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference in that Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act. (c) Incorporation of Acquired Land and Interests in Land.--Any land or interest in land that is within the boundary of the Wilderness that is acquired by the United States shall-- (1) become part of the Wilderness; and (2) be managed in accordance with-- (A) the Wilderness Act (16 U.S.C. 1131 et seq.); (B) this section; and (C) any other applicable laws. (d) Grazing.--Grazing of livestock in the Wilderness, where established before the date of enactment of this Act, shall be administered in accordance with-- (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and (2) the guidelines set forth in the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 5487 of the 96th Congress (H. Rept. 96-617). (e) Columbine-Hondo Wilderness Study Area.-- (1) Finding.--Congress finds that, for purposes of section 103(a)(2) of Public Law 96-550 (16 U.S.C. 1132 note; 94 Stat. 3223), any Federal land in the Columbine-Hondo Wilderness Study Area administered by the Forest Service that is not designated as wilderness by subsection (a) has been adequately reviewed for wilderness designation. (2) Applicability.--The Federal land described in paragraph (1) is no longer subject to subsections (a)(2) and (b) of section 103 of Public Law 96-550 (16 U.S.C. 1132 note; 94 Stat. 3223). (f) Maps and Legal Descriptions.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall prepare maps and legal descriptions of the Wilderness. (2) Force of law.--The maps and legal descriptions prepared under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct errors in the maps and legal descriptions. (3) Public availability.--The maps and legal descriptions prepared under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service. (g) Fish and Wildlife.--Nothing in this Act affects the jurisdiction of the State with respect to fish and wildlife located on public land in the State, except that the Secretary, after consultation with the New Mexico Department of Game and Fish, may designate zones in which, and establish periods during which, hunting or fishing shall not be allowed for reasons of public safety, administration, the protection for nongame species and associated habitats, or public use and enjoyment. (h) Withdrawals.--Subject to valid existing rights, the Federal land described in subsections (a) and (e)(1) and any land or interest in land that is acquired by the United States in the Wilderness after the date of enactment of this Act is withdrawn from-- (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. SEC. 102. WHEELER PEAK WILDERNESS BOUNDARY MODIFICATION. (a) In General.--The boundary of the Wheeler Peak Wilderness in the State is modified as generally depicted in the Wilderness Map. (b) Withdrawal.--Subject to valid existing rights, any Federal land added to or excluded from the boundary of the Wheeler Peak Wilderness under subsection (a) is withdrawn from-- (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. SEC. 103. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this title. TITLE II--LAND CONVEYANCES AND SALES SEC. 201. TOWN OF RED RIVER LAND CONVEYANCE. (a) In General.--Subject to the provisions of this section, the Secretary shall convey to the Town, without consideration and by quitclaim deed, all right, title, and interest of the United States in and to the one or more parcels of Federal land described in subsection (b) for which the Town submits a request to the Secretary by the date that is not later than 1 year after the date of enactment of this Act. (b) Description of Land.--The parcels of Federal land referred to in subsection (a) are the parcels of National Forest System land (including any improvements to the land) in Taos County, New Mexico, that are identified as ``Parcel 1'', ``Parcel 2'', ``Parcel 3'', and ``Parcel 4'' on the Red River Conveyance Map. (c) Conditions.--The conveyance under subsection (a) shall be subject to-- (1) valid existing rights; (2) public rights-of-way through ``Parcel 1'', ``Parcel 3'', and ``Parcel 4''; (3) an administrative right-of-way through ``Parcel 2'' reserved to the United States; and (4) such additional terms and conditions as the Secretary may require. (d) Use of Land.--As a condition of the conveyance under subsection (a), the Town shall use-- (1) ``Parcel 1'' for a wastewater treatment plant; (2) ``Parcel 2'' for a cemetery; (3) ``Parcel 3'' for a public park; and (4) ``Parcel 4'' for a public road. (e) Reversion.--In the quitclaim deed to the Town under subsection (a), the Secretary shall provide that any parcel of Federal land conveyed to the Town under subsection (a) shall revert to the Secretary, at the election of the Secretary, if the parcel of Federal land is used for a purpose other than the purpose for which the parcel was conveyed, as required under subsection (d). (f) Survey; Administrative Costs.-- (1) Survey.--The exact acreage and legal description of the National Forest System land conveyed under subsection (a) shall be determined by a survey approved by the Secretary. (2) Costs.--The Town shall pay the reasonable survey and other administrative costs associated with the conveyance. SEC. 202. VILLAGE OF TAOS SKI VALLEY LAND CONVEYANCE. (a) In General.--Subject to the provisions of this section, the Secretary shall convey to the Village, without consideration and by quitclaim deed, all right, title, and interest of the United States in and to the parcel of Federal land described in subsection (b) for which the Village submits a request to the Secretary by the date that is not later than 1 year after the date of enactment of this Act. (b) Description of Land.--The parcel of Federal land referred to in subsection (a) is the parcel comprising approximately 4.6 acres of National Forest System land (including any improvements to the land) in Taos County generally depicted as ``Parcel 1'' on the map entitled ``Village of Taos Ski Valley Town Site Act Proposal'' and dated April 19, 2012. (c) Conditions.--The conveyance under subsection (a) shall be subject to-- (1) valid existing rights; (2) an administrative right-of-way through the parcel of Federal land described in subsection (b) reserved to the United States; and (3) such additional terms and conditions as the Secretary may require. (d) Use of Land.--As a condition of the conveyance under subsection (a), the Village shall use the parcel of Federal land described in subsection (b) for a wastewater treatment plant. (e) Reversion.--In the quitclaim deed to the Village, the Secretary shall provide that the parcel of Federal land conveyed to the Village under subsection (a) shall revert to the Secretary, at the election of the Secretary, if the parcel of Federal land is used for a purpose other than the purpose for which the parcel was conveyed, as described in subsection (d). (f) Survey; Administrative Costs.-- (1) Survey.--The exact acreage and legal description of the National Forest System land conveyed under subsection (a) shall be determined by a survey approved by the Secretary. (2) Costs.--The Village shall pay the reasonable survey and other administrative costs associated with the conveyance. SEC. 203. AUTHORIZATION OF SALE OF CERTAIN NATIONAL FOREST SYSTEM LAND. (a) In General.--Subject to the provisions of this section and in exchange for consideration in an amount that is equal to the fair market value of the applicable parcel of National Forest System land, the Secretary may convey-- (1) to the holder of the permit numbered ``QUE302101'' for use of the parcel, the parcel of National Forest System land comprising approximately 0.2 acres that is generally depicted as ``Parcel 5'' on the Red River Conveyance Map; and (2) to the owner of the private property adjacent to the parcel, the parcel of National Forest System land comprising approximately 0.1 acres that is generally depicted as ``Parcel 6'' on the Red River Conveyance Map. (b) Disposition of Proceeds.--Any amounts received by the Secretary as consideration for a conveyance under subsection (a) shall be-- (1) deposited in the fund established under Public Law 90- 171 (commonly known as the ``Sisk Act'') (16 U.S.C. 484a); and (2) available to the Secretary, without further appropriation and until expended, for the acquisition of land or interests in land in the Carson National Forest. (c) Conditions.--The conveyance under subsection (a) shall be subject to-- (1) valid existing rights; and (2) such additional terms and conditions as the Secretary may require. (d) Survey; Administrative Costs.-- (1) Survey.--The exact acreage and legal description of the National Forest System land conveyed under subsection (a) shall be determined by a survey approved by the Secretary. (2) Costs.--The reasonable survey and other administrative costs associated with the conveyance shall be paid by the holder of the permit or the owner of the private property, as applicable.

Columbine-Hondo Wilderness Act - Designates specified land in Carson National Forest in New Mexico, which shall be known as the Columbine-Hondo Wilderness, as a component of the National Wilderness Preservation System. Releases any federal land within the Columbine-Hondo Wilderness Study Area administered by the Forest Service that is not designated as wilderness by this Act from further review for designation as wilderness. Modifies the boundary of the Wheeler Peak Wilderness in New Mexico as specified on the map entitled "Columbine-Hondo, Wheeler Peak Wilderness." Directs the Secretary of Agriculture (USDA) to convey to the town of Red River in New Mexico, one or more parcels of federal land in Taos County, New Mexico, identified as Parcels, 1, 2, 3, and 4 on the map entitled "Town of Red River Town Site Act Proposal" (the Red River Conveyance Map). Directs the Secretary to convey to the village of Taos Ski Valley in New Mexico the National Forest System land identified as parcel 1 on the map entitled "Village of Taos Ski Valley Town Site Act Proposal." Authorizes the conveyance of certain National Forest System land in New Mexico involving Parcels 5 and 6 as identified on the Red River Conveyance Map.

Columbine-Hondo Wilderness Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Syria Accountability Act of 2003''. SEC. 2. FINDINGS. Congress makes the following findings: (1) United Nations Security Council Resolution 1373 (September 28, 2001) mandates that all states ``refrain from providing any form of support, active or passive, to entities or persons involved in terrorist acts'', take ``the necessary steps to prevent the commission of terrorist acts'', and ``deny safe haven to those who finance, plan, support, or commit terrorist acts''. (2) The Government of Syria is currently prohibited by United States law from receiving United States assistance because it is listed as a state sponsor of terrorism. (3) Although the Secretary of State lists Syria as a state sponsor of terrorism and reports that Syria provides ``safe haven and support to several terrorist groups'', fewer United States sanctions apply with respect to Syria than with respect to any other country that the Secretary lists as a state sponsor of terrorism. (4) Terrorist groups, including Hizballah, Hamas, the Popular Front for the Liberation of Palestine, and the Popular Front for the Liberation of Palestine-General Command, maintain offices, training camps, and other facilities on Syrian territory and operate in areas of Lebanon occupied by the Syrian armed forces and receive supplies from Iran through Syria. (5) United Nations Security Council Resolution 520 (September 17, 1982) calls for ``strict respect of the sovereignty, territorial integrity, unity and political independence of Lebanon under the sole and exclusive authority of the Government of Lebanon through the Lebanese Army throughout Lebanon''. (6) More than 20,000 Syrian troops and security personnel occupy much of the sovereign territory of Lebanon, thereby exerting undue influence upon its government and undermining its political independence. (7) Since 1990 the Senate and House of Representatives have passed seven bills and resolutions calling for the withdrawal of Syrian armed forces from Lebanon. (8) Large and increasing numbers of the Lebanese people from across the political spectrum in Lebanon have mounted peaceful and democratic calls for the withdrawal of the Syrian Army from Lebanese soil. (9) Israel has withdrawn all of its armed forces from Lebanon in accordance with United Nations Security Council Resolution 425 (March 19, 1978), as certified by the United Nations Secretary General. (10) Even in the face of this United Nations certification that acknowledged Israel's full compliance with Resolution 425, Syria permits attacks by Hizballah and other militant organizations on Israeli outposts at Shebaa Farms, under the false guise that it remains Lebanese land. Syria also permits attacks on civilian targets in Israel. (11) Syria will not allow Lebanon, a sovereign country, to fulfill its obligation in accordance with Security Council Resolution 425 to deploy its troops to southern Lebanon. (12) As a result, the Israeli-Lebanese border and much of southern Lebanon is under the control of Hizballah, which continues to attack Israeli positions and allows Iranian Revolutionary Guards and other militant groups to operate freely in the area, destabilizing the entire region. (13) The United States provides $40,000,000 in assistance to the Lebanese people through private nongovernmental organizations, $7,900,000 of which is provided to Lebanese- American educational institutions. (14) In the State of the Union address on January 29, 2002, President George W. Bush declared that the United States will ``work closely with our coalition to deny terrorists and their state sponsors the materials, technology, and expertise to make and deliver weapons of mass destruction''. (15) The Government of Syria continues to develop and deploy short- and medium-range ballistic missiles. (16) The Government of Syria is pursuing the development and production of biological and chemical weapons. (17) United Nations Security Council Resolution 661 (August 6, 1990) and subsequent relevant resolutions restrict the sale of oil and other commodities by Iraq, except to the extent authorized by other relevant resolutions. (18) Syrian President Bashar Assad promised the Secretary of State in February 2001 to end violations of Security Council Resolution 661 but this pledge has not been fulfilled. (19) In direct violation of United Nations Sanctions, Syria has been importing 200,000 barrels of Iraqi oil on a daily basis since 2000, which has provided Iraq with up to $1,200,000,000 annually. (20) There are reports that Syria is pursuing the development of chemical weapons, such as VX and Sarin, and is harboring fugitive Iraqi officials. (21) On April 20, 2003, President Bush said there were positive signs that Syria will cooperate on the issue of harboring fugitive Iraqi officials. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the Government of Syria should immediately and unconditionally halt support for terrorism, permanently and openly declare its total renunciation of all forms of terrorism, and close all terrorist offices and facilities in Syria, including the offices of Hamas, Hizballah, the Popular Front for the Liberation of Palestine, and the Popular Front for the Liberation of Palestine-General Command; (2) in accordance with United Nations Security Council Resolution 520 (September 17, 1982), which calls for the strict respect for Lebanon's sovereignty and territorial integrity, the Government of Syria should immediately declare its commitment to completely withdraw its armed forces, including military, paramilitary, and security forces, from Lebanon, and set a firm schedule for such withdrawal; (3) the Government of Syria should halt the development and deployment of short- and medium-range ballistic missiles and cease the development and production of biological and chemical weapons; (4) the Government of Syria should halt illegal imports and transshipments of Iraqi oil and come into full compliance with United Nations Security Council Resolution 661 and subsequent relevant resolutions; (5) the Governments of Lebanon and Syria should enter into serious unconditional bilateral negotiations with the Government of Israel in order to realize a full and permanent peace; and (6) the United States should continue to provide humanitarian and educational assistance to the people of Lebanon only through appropriate private, nongovernmental organizations and appropriate international organizations, until such time as the Government of Lebanon asserts sovereignty and control over all of its territory and borders and achieves full political independence, as called for in United Nations Security Council Resolution 520. SEC. 4. STATEMENT OF POLICY. It is the policy of the United States that-- (1) Syria should bear responsibility for all attacks committed by Hizballah and other terrorist groups with offices or other facilities in Syria, or bases in areas of Lebanon occupied by Syria; (2) the United States will work to deny Syria the ability to support acts of international terrorism and efforts to develop or acquire weapons of mass destruction; (3) the Secretary of State will continue to list Syria as a state sponsor of terrorism until Syria ends its support for terrorism, including its support of Hizballah and other terrorist groups in Lebanon and its hosting of terrorist groups in Damascus, and comes into full compliance with United States law relating to terrorism and United Nations Security Council Resolution 1373 (September 28, 2001); (4) the full restoration of Lebanon's sovereignty, political independence, and territorial integrity is in the national security interest of the United States; (5) Syria is in violation of United Nations Security Council Resolution 520 (September 17, 1982) through its continued occupation of Lebanese territory and its encroachment upon its political independence; (6) Syria's obligation to withdraw from Lebanon is not conditioned upon progress in the Israeli-Syrian or Israeli- Lebanese peace process but derives from Syria's obligation under Security Council Resolution 520; (7) Syria's acquisition of weapons of mass destruction and ballistic missile programs threaten the security of the Middle East and the national interests of the United States; (8) Syria has violated United Nations Security Council Resolution 661 (August 6, 1990) and subsequent relevant resolutions by purchasing oil from Iraq; and (9) the United States will restrict assistance to Syria and will oppose multilateral assistance for Syria until Syria withdraws its armed forces from Lebanon, halts the development and deployment of weapons of mass destruction and ballistic missiles, and complies with Security Council Resolution 661 and subsequent relevant resolutions. SEC. 5. PENALTIES AND AUTHORIZATION. (a) Sanctions.--Unless the President makes the certification described in subsection (d), the President shall take the following actions: (1) Prohibit the export to Syria, and prohibit the issuance of a license for the export to Syria, of-- (A) any defense articles or defense services for which special export controls are warranted under the Arms Export Control Act (22 U.S.C. 2751 et seq.), as identified on the United States Munitions List maintained under section 121.1 of title 22, Code of Federal Regulations; and (B) any item identified on the Commerce Control List maintained under part 774 of title 15, Code of Federal Regulations. (2) Impose two or more of the following sanctions: (A) Prohibit the export of products of the United States (other than food and medicine) to Syria. (B) Prohibit United States businesses from investing or operating in Syria. (C) Restrict travel of Syrian diplomats assigned to Washington, District of Columbia or the United Nations in New York, New York, to a 25-mile radius of Washington or the United Nations headquarters building, respectively. (D) Reduce United States diplomatic contacts with Syria (other than those contacts required to protect United States interests or carry out the purposes of this Act). (E) Block transactions in any property in which the Government of Syria has any interest, by any person, or with respect to any property, subject to the jurisdiction of the United States. (b) Waiver.--The President may waive the application of paragraph (2) of subsection (a) if-- (1) the President determines that it is in the national security interest of the United States to do so; and (2) submits to the appropriate congressional committees a report that contains the reasons for such determination. (c) Authority To Provide Assistance to Syria and Lebanon.--The President is authorized to provide assistance to Syria and Lebanon under chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) (relating to development assistance), if the President-- (1) makes the certification described in subsection (d); (2) determines that substantial progress has been made in negotiations aimed at achieving-- (A) a peace agreement between Israel and Syria; and (B) a peace agreement between Israel and Lebanon; and (3) determines that the Government of Syria is strictly respecting the sovereignty, territorial integrity, unity, and political independence of Lebanon under the sole and exclusive authority of the Government of Lebanon through the Lebanese army throughout Lebanon, as required under paragraph (4) of United Nations Security Council Resolution 520 (1982). (d) Certification.--The President shall transmit to the appropriate congressional committees a certification of any determination made by the President that-- (1) the Government of Syria does not-- (A) provide support for international terrorist groups; and (B) allow terrorist groups, such as Hamas, Hizballah, the Popular Front for the Liberation of Palestine, and the Popular Front for the Liberation of Palestine--General Command to maintain facilities in Syria; (2) the Government of Syria has withdrawn all Syrian military, intelligence, and other security personnel from Lebanon; (3) the Government of Syria has ceased the development and deployment of ballistic missiles and has ceased the development and production of biological and chemical weapons; and (4) the Government of Syria is no longer in violation of United Nations Security Council Resolution 661 or a subsequent relevant United Nations resolution. SEC. 6. REPORT. (a) Report.--Not later than 6 months after the date of the enactment of this Act, and every 12 months thereafter until the President makes the certification described in section 5(d), the Secretary of State shall submit to the appropriate congressional committees a report on-- (1) the progress made by the Government of Syria toward meeting the conditions described in paragraphs (1) through (4) of section 5(d); and (2) any connection between individual terrorists and terrorist groups that maintain offices, training camps, or other facilities on Syrian territory, or operate in areas of Lebanon occupied by the Syrian armed forces, and the attacks against the United States that occurred on September 11, 2001, and other terrorist attacks on the United States or its citizens, installations, or allies. (b) Form.--The report submitted under subsection (a) shall be in unclassified form but may include a classified annex. SEC. 7. DEFINITION OF APPROPRIATE CONGRESSIONAL COMMITTEES. In this Act, the term ``appropriate congressional committees'' means the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives.

Syria Accountability Act of 2003 - Declares the sense of Congress that: (1) Syria should halt support for terrorism, withdraw armed forces from Lebanon, stop develpment of ballistic missiles and biological and chemical weapons, and halt imports and transshipments of Iraqi oil; (2) Lebanon and Syria should enter into bilateral negotiations for peace with Israel; and (3) the United States should continue to provide humanitarian assistance to Lebanon only through private and international organizations until the Government of Lebanon asserts sovereignty over its borders. Declares U.S. policy that Syria: (1) will be listed as a state sponsor of terrorism until it stops supporting terrorism; (2) is in violation of United Nations Security Council Resolution 520 through its continued occupation of Lebanese territory; and (3) has violated Resolution 661 by purchasing oil from Iraq. Declares that restoration of Lebanon's sovereignty is in the U.S. national interest. Requires the President, unless the President certifies that Syria does not support international terrorist groups or allow them to maintain facilities in Syria, has withdrawn all security personnel from Lebanon, has ceased the development of ballistic missiles and biological and chemical weapons, and is no longer violating Resolution 661, to: (1) prohibit the export to Syria of specified defense articles or services and items on the Commerce Control List; and (2) impose two or more of specified sanctions (including prohibiting U.S. exports to, or U.S. businesses investments or operations in, Syria). Authorizes the President to provide development assistance to Syria and Lebanon if the President: (1) makes that certification; (2) determines that progress has been made toward negotiating peace agreements between Israel, Syria, and Lebanon; and (3) determines that Syria is strictly respecting Lebanon's sovereignty.

A bill to halt Syrian support for terrorism, end its occupation of Lebanon, stop its development of weapons of mass destruction, cease its illegal importation of Iraqi oil, and hold Syria accountable for its role in the Middle East, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Treatment on Demand Assistance Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) According to the Department of Health and Human Services, each year drug and alcohol related abuse kills more than 120,000 Americans. (2) In 1999, an estimated 14,800,000 Americans were current illicit drug users. (3) States across the country are faced with increasing demands for drug treatment programs. (4) In addition, methamphetamine abuse continues to be on the rise. Methamphetamine abuse accounts for 5.1 percent of all treatment admissions, which was the fourth highest percentage after cocaine, heroin, and marijuana. (5) Current statistics show that methamphetamine use is increasing rapidly especially among the nation's youth. (6) There are over 2,800,000 substance abusers in America in need of treatment. (7) This number exceeds the 2,137,100 persons receiving treatment. (8) Recent reports indicate that every additional dollar invested in substance abuse treatment saves taxpayers $7.46 in societal costs. (9) In California, the average cost to taxpayers per inmate, per year, is $23,406 versus the national average cost of $4,300 for a full treatment program. (10) Drugs and alcohol cost taxpayers nearly $276,000,000,000 annually in preventable health care costs, extra law enforcement, auto crashes, crime and lost productivity versus $3,100,000,000 appropriated for substance abuse-related activities in fiscal year 2000. (11) Nationwide, 59 percent of police chiefs believe that drug offenders are served better by participation in treatment programs versus prisons only. (12) Current treatment on demand programs such as those in San Francisco and Baltimore focus on the specific drug abuse needs of the local community and should be encouraged. (13) Many States have developed programs designed to treat non-violent drug offenders and this should be encouraged. (14) Drug treatment prevention programs must be increased in order to effectively address the needs of those actively seeking treatment before they commit a crime. SEC. 3. PURPOSE. It is the purpose of this Act to-- (1) assist individuals who seek the services of drug abuse treatment programs by providing them with treatment on demand; (2) provide assistance to help eliminate the backlog of individuals on waiting lists to obtain drug treatment for their addictions; (3) enhance public safety by reducing drug-related crimes and preserving jails and prison cells for serious and violent criminal offenders; (4) complement the efforts of law enforcement by providing additional funding to expand current community-based treatment efforts and prevent the recidivism of those currently in the correctional system; and (5) assist States in the implementation of alternative drug treatment programs that divert non-violent drug offenders to treatment programs that are more suited for the rehabilitation of drug offenders. SEC. 4. DEFINITIONS. In this Act: (1) Non-violent.--The term ``non-violent'' with respect to a criminal offense means an offense that is not a crime of violence as defined under the applicable State law. (2) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (3) State.--The term ``State'' means each of the 50 States, the District of Columbia and the Commonwealth of Puerto Rico. SEC. 5. GRANTS FOR THE EXPANSION OF CAPACITY FOR PROVIDING TREATMENT. Subpart 1 of part B of title V of the Public Health Service Act (42 U.S.C. 290bb et seq.), as amended by sections 3104 and 3632 of the Youth Drug and Mental Health Services Act (Public Law 106-310), is amended-- (1) by redesignating the section 514 relating to the methamphetamine and amphetamine treatment initiative as section 514B and inserting such section after section 514A; and (2) and by adding at the end the following: ``SEC. 514C. TREATMENT ON DEMAND. ``(a) In General.--The Secretary, acting through the Director of the Center for Substance Abuse Treatment, shall-- ``(1) award grants, contracts, or cooperative agreements to public and private nonprofit entities, including Native Alaskan entities and Indian tribes and tribal organizations; and ``(2) award block grants to States; for the purpose of providing substance abuse treatment services. ``(b) Eligibility.-- ``(1) In general.--To be eligible to receive a grant, contract, or cooperative agreement under subsection (a) an entity or a State shall provide assurances to the Secretary that amounts received under such grant, contract, or agreement will only be used for substance abuse treatment programs that have been certified by the State as using licensed or certified providers. ``(2) Application.--An entity or State desiring a grant, contract, or cooperative agreement under subsection (a) shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. ``(3) Priority.--In awarding grants, contracts, or cooperative agreements to entities under subsection (a)(1), the Secretary shall give priority to applicants who propose to eliminate the waiting lists for substance abuse treatment on demand programs in local communities with high incidences of drug use. ``(c) Amount.-- ``(1) Public and private nonprofit entities.--The amount of each grant, contract, or cooperative agreement awarded to a public or private nonprofit entity under subsection (a)(1) shall be determined by the Secretary based on the application submitted by such an entity. ``(2) States.--The amount of a block grant awarded to a State under subsection (a)(2) shall be determined by the Secretary based on the formula contained in section 1933. ``(d) Duration of Grants.--The Secretary shall award grants, contracts, or cooperative agreements under subsection (a) for periods not to exceed 5 fiscal years. ``(e) Requirement of Matching Funds.-- ``(1) In general.--Subject to paragraph (3), the Director may not make a grant, contract or cooperative agreement under subsection (a) unless the entity or State involved agrees, with respect to the costs of the program to be carried out by the entity or State pursuant to such subsection, to make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount that is-- ``(A) for the first fiscal year for which the entity or State receives such a grant, contract or cooperative agreement, not less than $1 for each $9 of Federal funds provided in the grant, contract or cooperative agreement; ``(B) for any second or third such fiscal year, not less than $1 for each $5 of Federal funds provided in the grant, contract or cooperative agreement; and ``(C) for any subsequent such fiscal year, not less than $1 for each $3 of Federal funds provided in the grant, contract or cooperative agreement. ``(2) Determination of amount of non-federal contribution.--Non-Federal contributions required in paragraph (1) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions. ``(3) Waiver.--The Director may waive the requirement established in paragraph (1) if the Director determines-- ``(A) that extraordinary economic conditions in the area to be served by the entity or State involved justify the waiver; or ``(B) that other circumstances exist with respect to the entity or State that justify the waiver, including the limited size of the entity or State or the ability of the entity or State to raise funds. ``(f) Evaluation.--An entity or State that receives a grant, contract, or cooperative agreement under subsection (a) shall submit, in the application for such grant, contract, or cooperative agreement, a plan for the evaluation of any project undertaken with funds provided under this section. Such entity or State shall provide the Secretary with periodic evaluations of the progress of such project and such evaluation at the completion of such project as the Secretary determines to be appropriate. ``(g) Use for Construction.--A grantee under this section may use up to 25 percent of the amount awarded under the grant, contract or cooperative agreement under this section for the costs of construction or major renovation of facilities to be used to provide substance abuse treatment services and for facility maintenance. ``(h) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated to carry out this section-- ``(A) $600,000,000 for fiscal year 2002; ``(B) $1,200,000,000 for fiscal year 2003; ``(C) $1,800,000,000 for fiscal year 2004; ``(D) $2,400,000,000 for fiscal year 2005; and ``(E) $3,000,000,000 for fiscal year 2006. ``(2) Allocation of funds.--From the amount appropriated under paragraph (1) for each fiscal year, the Secretary shall allocate-- ``(A) 50 percent of such amount to award grants, contracts, or cooperative agreements to public or nonprofit private entities under subsection (a)(1); and ``(B) 50 percent of such amount to award grants to States under subsection (a)(2).''. SEC. 6. ALTERNATIVE TREATMENT PROGRAMS. (a) Grants.--The Attorney General, in consultation with the Secretary, shall award grants to eligible States to enable such States, either directly or through the provision of assistance to counties or local municipalities, to provide drug treatment services to individuals who have been convicted of non-violent drug possession offenses and diverted from incarceration because of the enrollment of such individuals into community-based drug treatment programs. (b) Eligibility.--To be eligible to receive a grant under this section a State shall-- (1) be implementing an alternative drug treatment program under which any individual in the State who has been convicted of a non-violent drug possession offense may be enrolled in an appropriate drug treatment program as an alternative to incarceration; and (2) prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (c) Use of Funds.--Amounts provided to a State under a grant under this section may be used by the State (or by State or local entities that receive funding from the State under this section) to pay expenses associated with-- (1) the construction of treatment facilities; (2) payments to related drug treatment services providers that are necessary for the effectiveness of the program, including aftercare supervision, vocational training, education, and job placement; (3) drug testing; (4) probation services; (5) counseling, including mental health services; and (6) the operation of drug courts. (d) Matching Requirement.--Funds may not be provided to a State under this section unless the State agrees that, with respect to the costs to be incurred by the State in carrying out the drug treatment program involved, the State will make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount that is at least equal to the amount of Federal funds provided to the State under this section. (e) Authorization of Appropriations.--There is authorized to carry out this section, $250,000,000 for each of fiscal years 2002 through 2006. SEC. 7. STUDY BY THE GENERAL ACCOUNTING OFFICE. (a) In General.--The General Accounting Office shall conduct a study of the use of funds under this Act and the amendments made by this Act. In conducting such study, the Office shall make determinations as to whether such funding meets, exceeds, or falls short of the level of funding needed to provide substance abuse treatment to those in need. (b) Reports.--The General Accounting Office shall prepare and submit to the appropriate committees of Congress an interim and final report concerning the study conducted under subsection (a). The reports required under this subsection shall be submitted-- (1) with respect to the interim report, not later than 2 years after the date of enactment of this Act; and (2) with respect to the final report, not later than 4 years after the date of enactment of this Act.

Treatment on Demand Assistance Act - Amends the Public Health Service Act to direct the Secretary of Health and Human Services, acting through the Director of the Center for Substance Abuse Treatment, to, for the purpose of providing substance abuse treatment services: (1) award grants, contracts, or cooperative agreements to public and private nonprofit entities, including Native Alaskan entities and Indian tribes and tribal organizations; and (2) award block grants to States. Requires giving priority in awarding grants to applicants proposing to eliminate waiting lists of treatment on demand programs.Directs the Attorney General, in consultation with the Secretary, shall award grants to eligible States to enable such States, either directly or through the provision of assistance to counties or local municipalities, to provide drug treatment services to individuals who have been convicted of non-violent drug possession offenses and diverted from incarceration because of the enrollment of such individuals into community-based drug treatment programs.Requires a study by the General Accounting Office of the use funds under this Act.

To provide assistance to States to expand and establish drug abuse treatment programs to enable such programs to provide services to individuals who voluntarily seek treatment for drug abuse.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nationally Enhancing the Wellbeing of Babies through Outreach and Research Now Act'' or the ``NEWBORN Act''. SEC. 2. INFANT MORTALITY PILOT PROGRAMS. Section 330H of the Public Health Service Act (42 U.S.C. 254c-8) is amended-- (1) by redesignating subsection (e) as subsection (f); (2) by inserting after subsection (d) the following: ``(e) Infant Mortality Pilot Programs.-- ``(1) In general.--The Secretary, acting through the Administrator, shall award grants to eligible entities to create, implement, and oversee infant mortality pilot programs. ``(2) Period of a grant.--The period of a grant under this subsection shall be 5 consecutive fiscal years. ``(3) Preference.--In awarding grants under this subsection, the Secretary shall give preference to eligible entities proposing to serve any of the 15 counties or groups of counties with the highest rates of infant mortality in the United States in the past 3 years. ``(4) Use of funds.--Any infant mortality pilot program funded under this subsection may-- ``(A) include the development of a plan that identifies the individual needs of each community to be served and strategies to address those needs; ``(B) provide outreach to at-risk mothers through programs deemed appropriate by the Administrator; ``(C) develop and implement standardized systems for improved access, utilization, and quality of social, educational, and clinical services to promote healthy pregnancies, full-term births, and healthy infancies delivered to women and their infants, such as-- ``(i) counseling on infant care, feeding, and parenting; ``(ii) postpartum care; ``(iii) prevention of premature delivery; and ``(iv) additional counseling for at-risk mothers, including smoking cessation programs, drug treatment programs, alcohol treatment programs, nutrition and physical activity programs, postpartum depression and domestic violence programs, social and psychological services, dental care, and parenting programs; ``(D) establish a rural outreach program to provide care to at-risk mothers in rural areas; ``(E) establish a regional public education campaign, including a campaign to-- ``(i) prevent preterm births; and ``(ii) educate the public about infant mortality; ``(F) provide for any other activities, programs, or strategies as identified by the community plan; and ``(G) coordinate efforts between-- ``(i) the health department of each county or other eligible entity to be served through the infant mortality pilot program; and ``(ii) existing entities that work to reduce the rate of infant mortality within the area of any such county or other eligible entity. ``(5) Limitation.--Of the funds received through a grant under this subsection for a fiscal year, an eligible entity shall not use more than 10 percent for program evaluation. ``(6) Reports on pilot programs.-- ``(A) In general.--Not later than 1 year after receiving a grant, and annually thereafter for the duration of the grant period, each entity that receives a grant under paragraph (1) shall submit a report to the Secretary detailing its infant mortality pilot program. ``(B) Contents of report.--The reports required under subparagraph (A) shall include information such as the methodology of, and outcomes and statistics from, the grantee's infant mortality pilot program. ``(C) Evaluation.--The Secretary shall use the reports required under subparagraph (A) to evaluate, and conduct statistical research on, infant mortality pilot programs funded through this subsection. ``(7) Definitions.--For the purposes of this subsection: ``(A) Administrator.--The term `Administrator' means the Administrator of the Health Resources and Services Administration. ``(B) Eligible entity.--The term `eligible entity' means a county, city, territorial, or tribal health department that has submitted a proposal to the Secretary that the Secretary deems likely to reduce infant mortality rates within the standard metropolitan statistical area involved. ``(C) Tribal.--The term `tribal' refers to an Indian tribe, a Tribal organization, or an Urban Indian organization, as such terms are defined in section 4 of the Indian Health Care Improvement Act.''; and (3) by amending subsection (f), as so redesignated-- (A) in paragraph (1)-- (i) by amending the paragraph heading to read: ``Healthy start initiative''; and (ii) by inserting after ``carrying out this section'' the following: ``(other than subsection (e))''; (B) by redesignating paragraph (2) as paragraph (3); (C) by inserting after paragraph (1) the following: ``(2) Infant mortality pilot programs.--There is authorized to be appropriated $10,000,000 for each of fiscal years 2012 through 2016 to carry out subsection (e). Amounts authorized by this paragraph to be appropriated to carry out subsection (e) are in addition to amounts authorized by paragraph (1) to be appropriated to carry out the Healthy Start Initiative under subsection (a).''; and (D) in paragraph (3)(A), as so redesignated, by striking ``the program under this section'' and inserting ``the program under subsection (a)''.

Nationally Enhancing the Wellbeing of Babies through Outreach and Research Now Act or the NEWBORN Act - Requires the Secretary of Health and Human Services (HHS), acting through the Administrator of the Health Resources and Services Administration, to award five-year grants to eligible entities to create, implement, and oversee infant mortality pilot programs. Defines "eligible entity" to mean a county, city, territorial, or tribal health department that has submitted a proposal to the Secretary that the Secretary deems likely to reduce infant mortality rates within the standard metropolitan statistical area involved. Requires the Secretary to give preference to eligible entities proposing to serve any of the 15 counties or groups of counties with the highest rates of infant mortality in the United States in the past three years. Sets forth uses of grant funds, which may include: (1) developing a plan that identifies the individual needs of each community to be served and strategies to address those needs; (2) providing outreach to at-risk mothers; (3) developing and implementing standardized systems for improved access, utilization, and quality of social, educational, and clinical services to promote healthy pregnancies, full-term births, and healthy infancies delivered to women and their infants; (4) establishing a rural outreach program to provide care to at-risk mothers in rural areas; (5) establishing a regional public education campaign; and (6) coordinating efforts between health departments to be served through the infant mortality program and existing entities that work to reduce the rate of infant mortality within an area.

To authorize funding for the creation and implementation of infant mortality pilot programs in standard metropolitan statistical areas with high rates of infant mortality, and for other purposes.

SECTION 1. PROCEDURES FOR ADJUDICATION OF CAPITAL PUNISHMENT BY COURTS- MARTIAL. (a) New UCMJ Article.--(1)(A) Chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by inserting after section 852 (article 52) the following new section (article): ``Sec. 852a. Art. 52a. Procedures for adjudging capital punishment ``(a) No person may be sentenced by a court-martial to suffer death except as provided in this section (article). ``(b) No person may be sentenced by a court-martial to suffer death unless convicted by the concurrence of all the members of the court- martial present at the time the vote is taken of an offense in this chapter expressly made punishable by death. ``(c) If the trial counsel at a court-martial of an offense under this chapter expressly made punishable by death intends to prove at the trial any aggravating factor set out in subsection (e), the trial counsel shall provide the accused before arraignment with written notice of each such aggravating factor the trial counsel intends to prove. However, failure to provide such notice of an aggravating factor set out in subsection (e) before arraignment shall not bar later notice and proof of that aggravating factor unless the accused demonstrates-- ``(1) that the failure resulted in specific prejudice to the accused; and ``(2) that a continuance or recess is not an adequate remedy for such failure. ``(d)(1) A person may not be sentenced to death by a court-martial unless-- ``(A) the members of the court-martial unanimously find at least one of the aggravating factors set out in subsection (e); ``(B) notice of that aggravating factor was provided in accordance with subsection (c); and ``(C) each member of the court-martial concurs in finding that any extenuating or mitigating circumstances are substantially outweighed by aggravating circumstances, including the aggravating factors set out in subsection (e). ``(2) Findings by the members of a court-martial under paragraph (1) may be based on-- ``(A) evidence introduced on the issue of guilt or innocence; ``(B) evidence introduced during the sentencing proceeding; or ``(C) all such evidence. ``(3) The accused shall be given broad latitude to present matters in extenuation and mitigation. ``(e)(1) A sentence of death may be adjudged by a court-martial only if the members of the court-martial unanimously find, beyond a reasonable doubt, one or more of the following aggravating factors: ``(A) That the offense was committed before or in the presence of the enemy (except that this subparagraph does not apply in the case of an offense under section 918 or 920 of this title (article 118 or 120)). ``(B) That, in committing the offense, the accused intended-- ``(i) to cause a grave risk of substantial damage to the national security; or ``(ii) to cause a grave risk of substantial damage to a mission, system, or function of the United States, but only if substantial damage to the national security of the United States would have resulted had the intended damage been effected. ``(C) That the offense caused substantial damage to the national security of the United States, whether or not the accused intended such damage (except that this subparagraph does not apply in the case of an offense under section 918 or 920 of this title (article 118 or 120)). ``(D) That the accused knowingly created a grave risk of death to one or more persons in addition to the victim of the offense (except that this factor does not apply in the case of an offense under section 920 of this title (article 120)). ``(E) That the accused committed the offense with the intent to avoid hazardous duty. ``(F) That, only in the case of an offense under section 918 or 920 of this title (article 118 or 120), the offense was committed in time of war and in territory in which-- ``(i) the United States or an ally of the United States was then an occupying power; or ``(ii) the armed forces of the United States were then engaged in active hostilities. ``(G) That, only in the case of an offense under section 918(l) of this title (article 118(l)), any of the following is applicable: ``(i) The accused was serving a sentence of confinement for 30 years or more or for life at the time of the offense. ``(ii) The offense was committed while the accused-- ``(I) was engaged in the commission or attempted commission of robbery, rape, aggravated arson, sodomy, burglary, kidnapping, mutiny, sedition, or piracy of an aircraft or vessel; or ``(II) was engaged in flight or attempted flight after the commission or attempted commission of any such offense. ``(iii) The offense was committed for the purpose of receiving money or a thing of value. ``(iv) The accused procured another by means of compulsion, coercion, or a promise of an advantage, a service, or a thing of value to commit the offense. ``(v) The offense was committed with the intent to avoid or to prevent lawful apprehension or effect an escape from custody or confinement. ``(vi) The victim of the offense was-- ``(I) the President, the President-elect, the Vice President (or, if there was no Vice President, the officer next in the order of succession to the office of President), the Vice President-elect, or an individual who is acting as President under the Constitution and laws of the United States; ``(II) a Member of Congress (including a Delegate to, or Resident Commissioner in, the Congress) or Member-of-Congress elect; ``(III) a justice or judge of the United States; ``(IV) a chief of state or head of government (or the political equivalent) of a foreign nation; or ``(V) a foreign official (as such term is defined in section 1116(b)(3)(A) of title 18), if the official was in the United States or on military property of the United States on official business at the time of the offense. ``(vii) The accused at the time of the offense knew that the victim was any of the following in the execution of such person's office: ``(I) A commissioned, warrant, noncommissioned, or petty officer of the armed forces. ``(II) A member of a law enforcement or security activity or agency, including correctional custody personnel. ``(III) A firefighter. ``(viii) The offense was committed with intent to obstruct justice. ``(ix) The offense was preceded by the intentional infliction of substantial physical harm or prolonged, substantial mental or physical pain and suffering to the victim. ``(x) The accused has been found guilty in the same case of another offense under section 918 of this title (article 118). ``(H) That, only in the case of an offense under section 918(4) of this title (article 118(4)), the accused was the actual perpetrator of the killing. ``(I) That, only in the case of an offense under section 920 of this title (article 120)-- ``(i) the victim was under the age of 12; or ``(ii) the accused maimed or attempted to kill the victim. ``(J) That, only in the case of an offense under the law of war, a sentence of death is authorized under the law of war for the offense. ``(K) That, only in the case of an offense under section 904 or 906a the accused has previously been convicted of this title (article 104 or 106a), of another offense involving espionage or treason for which either a sentence of death or a sentence of life imprisonment was authorized by statute. ``(L) That the offense involved such other factors as may be prescribed by the President by regulation, to the extent that such factors concern the national security or otherwise involve a function of the armed forces related to the conduct of hostilities. ``(2) In this subsection, `national security' means the national defense and foreign relations of the United States and specifically includes-- ``(A) a military or defense advantage over any foreign nation or group of nations; ``(B) a favorable foreign relations position; or ``(C) a defense posture capable of successfully resisting hostile or destructive action from within or without. ``(f) The military judge, in the presence of the accused and counsel, shall instruct the members of the court-martial on-- ``(1) such aggravating factors set forth in subsection (e) as may be in issue in the case; ``(2) the requirements and procedures under this section; and ``(3) the requirement to consider all evidence in extenuation and mitigation before they may adjudge a sentence of death. ``(g)(1) In closed session, before voting on a sentence-- ``(A) the members of the court-martial shall vote by secret written ballot separately on each aggravating factor set out in subsection (e) on which they have been instructed; and ``(B) if one or more of the aggravating factors set forth in subsection (e) is found to exist, the members shall then vote by secret written ballot on whether the aggravating circumstances (including any aggravating factors set out in subsection (e)) substantially outweigh any extenuating or mitigating circumstances or, in the absence of any extenuating or mitigating circumstances, whether the aggravating circumstances are themselves sufficient to justify a sentence of death. ``(2) A sentence of death may not be adjudged unless each member of the court-martial concurs-- ``(A) that, with respect to at least one aggravating factor, the existence of such factor has been proved beyond a reasonable doubt; and ``(B) that the aggravating circumstances (including any aggravating factors set out in subsection (e)) substantially outweigh any extenuating or mitigating circumstances or, in the absence of any extenuating or mitigating circumstances, that the aggravating circumstances are themselves sufficient to justify a sentence of death. ``(3) The members of the court-martial shall vote on a sentence under section 852 of this title (article 52). ``(h) If a sentence of death is adjudged, the president of the court-martial shall announce which aggravating factors under subsection (e) were unanimously found by the members. ``(i) Subsections (c) through (h) do not apply with respect to the sentence for an offense under section 106 of this title (article 106).''. (B) The table of sections at the beginning of subchapter VII of such chapter is amended by inserting after the item relating to section 852 (article 52) the following new item: ``852a. Art. 52a. Procedures for adjudging capital punishment.''. (2) Section 852(b)(1) of such title (article 52(b)(1)) is amended by inserting ``as provided in section 852a of this title (article 52a)'' after ``taken''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on the 90th day after the date of the enactment of this Act and shall apply to charges first preferred on or after that date.

Amends the Uniform Code of Military Justice (UCMJ) to establish procedures under which a court-martial may prescribe the death sentence. Requires that: (1) the sentence of death be concurred in unanimously; (2) the offense must be one expressly made punishable by death; and (3) the trial counsel must notify the accused of the intent to prove the existence of an aggravating factor, which is required before a sentence of death may be pronounced. Lists aggravating factors, including committing an offense in the presence of the enemy, presenting a grave risk to national security, and attempting to avoid hazardous duty. Requires the military judge, in the presence of the accused and counsel, to instruct the members of the court-martial on the aggravating factors, all applicable requirements and procedures, and the requirement to consider all evidence in extenuation and mitigation before adjudging a sentence of death. Prohibits a death sentence from being adjudged unless each member of the court-martial concurs that: (1) at least one aggravating factor has been proven beyond a reasonable doubt; and (2) the aggravating circumstances substantially outweigh any extenuating or mitigating circumstances or are themselves sufficient to justify a sentence of death. Requires that any aggravating factors found be announced by the military judge upon determination of the death sentence.

To amend chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), to establish procedures for the adjudication by courts-martial of sentences of capital punishment.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Muhammad Ali Commemorative Coin Act''. SEC. 2. FINDINGS. Congress finds that-- (1) Muhammad Ali was an Olympic gold medalist, 3-time World Heavyweight Champion boxer, and one of the most celebrated and well-known athletes in American history; (2) Muhammad Ali showed, beyond his impressive fighting prowess in the boxing ring, even greater courage and tenacity as an advocate outside the ring; (3) Muhammad Ali was a great philanthropist and a strong champion of peace, equality, and freedom; (4) Muhammad Ali remains an icon of freedom of conscience; (5) Muhammad Ali was a prominent African American of the Muslim faith, and was, and continues to be, a role model to the citizens of the United States of all races, ethnicities, and religions; (6) Muhammad Ali used his fame to advocate for humanitarian causes in audiences with world leaders ranging from religious leaders to heads of state; and (7) Muhammad Ali inspired people around the globe in displaying the same vibrant and larger-than-life character and dedication in spite of his physical ailments. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins in commemoration of Muhammad Ali: (1) $5 gold coins.--Not more than 100,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins.--Not more than 350,000 $1 coins, which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain not less than 90 percent silver. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the life and legacy of Muhammad Ali. (2) Design and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year 2020; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the Muhammad Ali Center; and (2) reviewed by the Citizens Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2020. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins issued under this Act shall include a surcharge of-- (1) $35 per coin for the $5 coin; and (2) $10 per coin for the $1 coin. (b) Distribution.--Subject to section 5134(f)(1) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary as follows: (1) Eighty percent of the surcharges shall be paid to the Muhammad Ali Center in Louisville, Kentucky, to ensure growth and innovation in museum programming to research, promote, and educate on the legacy of Muhammad Ali. (2) Ten percent of the surcharges shall be paid to the Muhammad Ali Institute for Peace and Justice at the University of Louisville to advance the work, study and practice of peacebuilding, social justice, and violence prevention through the development of innovative educational programs, training, service, and research. (3) Ten percent of the surcharges shall be paid to the Muhammad Ali Parkinson Center (MAPC) and Movement Disorder Clinic to continue serving as a resource for Parkinson's disease patients and their families through the provision of diagnosis, treatments, research, and education. (c) Audit.--The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of each of the organizations referred to in subsection (b) as may be related to the expenditures of amounts paid under that subsection. (d) Limitations.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection.

Muhammad Ali Commemorative Coin Act This bill requires the Department of the Treasury to mint and issue commemorative coins that emblemize the life and legacy of Muhammad Ali.  Surcharges received from the sale of these coins shall be paid to: (1) the Muhammad Ali Center in Louisville, Kentucky; (2) the Muhammad Ali Institute for Peace and Justice at the University of Louisville; and (3) the Muhammad Ali Parkinson Center and Movement Disorder Clinic.

Muhammad Ali Commemorative Coin Act

SECTION 1. REQUIREMENT THAT PASSENGER SECURITY SCREENING BE CONDUCTED BY PRIVATE SCREENING COMPANIES. (a) In General.--Section 44901(a) of title 49, United States Code, is amended in the second sentence by striking ``except as otherwise'' and all that follows through the end period and inserting ``except-- ``(1) that screening of passengers shall be conducted by employees of a private screening company under a contract entered into pursuant to subsection (m)(1); ``(2) for identifying passengers and baggage for screening under the CAPPS and known shipper programs and conducting positive bag-match programs; and ``(3) as otherwise provided in section 44919 or 44920.''. (b) Requirements.--Section 44901 of such title 49, United States Code, is amended by adding at the end the following: ``(m) Conduct of Passenger Screening by Private Screening Companies.-- ``(1) Contracts.-- ``(A) In general.--Except as provided in subparagraph (B), the Assistant Secretary of Homeland Security (Transportation Security Administration) shall enter into a contract with a private screening company selected by the operator of an airport under which employees of that company will conduct the screening of passengers at the airport under subsection (a)(1). ``(B) Companies with unsatisfactory performance records.--The operator of an airport may not select a private security screening company for purposes of subparagraph (A) if the Assistant Secretary determines that the performance record of the company is unsatisfactory. ``(2) Employment and termination decisions.-- Notwithstanding section 44903(g)(1)(C), section 44935(e), or any other provision of this chapter, the operator of an airport and the private screening company conducting passenger screening at that airport pursuant to a contract entered into under paragraph (1)(A) shall have the authority to make final decisions with respect to the employment and termination of individuals conducting passenger screening at that airport.''. (c) Mandatory Approval of Applications Under Security Screening Opt-Out Program.--Section 44920 of title 49, United States Code, is amended-- (1) in subsection (a)-- (A) by striking ``Under Secretary'' the first place it appears and inserting ``Assistant Secretary (Transportation Security Administration) (in this section referred to as the `Assistant Secretary')''; and (B) by striking ``passengers and''; (2) by striking ``Under Secretary'' each place it appears and inserting ``Assistant Secretary''; (3) by amending subsection (b) to read as follows: ``(b) Approval of Applications.--The Assistant Secretary shall approve all applications submitted under subsection (a).''; and (4) in subsection (h), by striking ``and passenger''. (d) Conforming Amendments.-- (1) Enforcement of secured-area access control requirements.-- (A) In general.--Section 44903(g)(1) of title 49, United States Code, is amended-- (i) in subparagraph (A), in the first sentence, by striking ``employees'' and inserting ``Federal employees''; and (ii) by adding at the end the following: ``(C) Sanctions for employees of private security screening companies.--The Under Secretary shall develop and publish in the Federal Register a list of sanctions for use as guidelines in the discipline of employees of private screening companies conducting passenger screening at airports for infractions of airport access control requirements in consultation with those companies.''. (B) Publication of guidelines.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall publish in the Federal Register-- (i) such revisions to the guidelines under subparagraph (A) of section 44903(g)(1) of title 49, United States Code, as are necessary to implement the amendments made by subparagraph (A); and (ii) guidelines under subparagraph (C) of that section (as added by subparagraph (A)). (2) Threat and vulnerability assessments.--Section 44904(b)(5) of title 49, United States Code, is amended by striking ``the United States Customs Service, the Immigration and Naturalization Service, and air carriers'' and inserting ``U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, private screening companies conducting passenger screening at airports, and air carriers''. (3) Qualifications of security screeners.-- (A) In general.--Section 44935(e)(2)(A) of title 49, United States Code, is amended in the first sentence by inserting ``and individuals employed by private screening companies to conduct screening of passengers at airports'' after ``personnel''. (B) Revisions to qualification standards.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall make such revisions to the qualification standards for security screening personnel under section 44935(e)(2)(A) of title 49, United States Code, as are necessary as a result of the amendment made by subparagraph (A). (e) Reduction in Employees of Transportation Security Administration.--The Assistant Secretary of Homeland Security (Transportation Security Administration) shall decrease the number of employees of the Transportation Security Administration assigned to an airport by an amount that is equivalent to the increase in the number of employees of private screening companies assigned to the airport pursuant to a contract entered into under subsection (m)(1) of section 44901 of title 49, United States Code, as added by subsection (b) of this section, as soon as practicable after the contract takes effect. (f) Effective Date.--The amendments made by this section shall-- (1) take effect on the date of the enactment of this Act; and (2) apply with respect to the screening of passengers at airports on and after the date that is 180 days after such date of enactment. SEC. 2. RIGHT TO WORK FOR EMPLOYEES OF PRIVATE PASSENGER SCREENING COMPANIES. (a) Amendment to National Labor Relations Act.--Section 8 of the National Labor Relations Act (29 U.S.C. 158) is amended by adding at the end the following: ``(h) Right To Work for Employees of Private Passenger Screening Companies.--Notwithstanding any other provision of this Act, the first and second provisos of subsection (a)(3) shall not apply to an employer that is a private passenger screening company conducting passenger screening at an airport. In the case of a labor organization representing the employees of such employer, paragraphs (2) and (5) of subsection (b) shall be applied without regard to whether there is an agreement authorized under subsection (a)(3).''. (b) Amendment to Railway Labor Act.--Title II of the Railway Labor Act (45 U.S.C. 181 et seq.) is amended by adding at the end the following: ``SEC. 209. RIGHT TO WORK FOR EMPLOYEES OF PRIVATE PASSENGER SCREENING COMPANIES. ``Notwithstanding any other provision of this Act, paragraph Eleventh of section 2 shall not apply to any employee of a private passenger screening company that has entered into a contract with a carrier by air.''.

Requires the screening of passengers on flights and flight segments originating in the United States to be conducted by employees of a private screening company. Directs the Assistant Secretary of Homeland Security (Transportation Security Administration [TSA]) to enter into contracts with private screening companies for such services. Grants airport operators and private screening companies the authority to employ and terminate passenger screeners. Requires the Assistant Secretary (currently, the Under Secretary of Transportation for Security [Department of Transportation (DOT)]) to approve all airport operator applications to have the airport screening of passengers and property carried out by a qualified private screening company. (Thus transfers the security screening opt-out program from DOT to the Department of Homeland Security [DHS], and denies the Assistant Secretary authority to deny any opt-out application.) Amends the National Labor Relations Act and the Railway Labor Act to declare that provisions allowing an employer to make an agreement with a labor organization to require union membership as a condition of employment shall not apply to airport or railway private passenger screening company employers or employees (right to work).

A bill to require security screening of passengers at airports to be carried out by private screening companies, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Conrad State 30 and Physician Access Reauthorization Act''. SEC. 2. CONRAD STATE 30 PROGRAM. (a) Extension.--Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 (Public Law 103-416; 8 U.S.C. 1182 note) is amended by striking ``September 30, 2015'' and inserting ``September 30, 2021''. (b) Effective Date.--The amendment made by subsection (a) shall take effect as if enacted on April 28, 2017. SEC. 3. EMPLOYMENT PROTECTIONS FOR PHYSICIANS. (a) In General.--Section 214(l)(1) of the Immigration and Nationality Act (8 U.S.C. 1184(l)(1) is amended-- (1) in the matter preceding subparagraph (A), by striking ``Attorney General'' and inserting ``Secretary of Homeland Security''; (2) in subparagraph (A), by striking ``Director of United States Information Agency'' and inserting ``Secretary of State''; (3) in subparagraph (B), by inserting ``, except as provided in paragraphs (7) and (8)'' before the semicolon at the end; and (4) in subparagraph (C), by striking clauses (i) and (ii) and inserting the following: ``(i) the alien demonstrates a bona fide offer of full-time employment at a health facility or health care organization, which employment has been determined by the Secretary of Homeland Security to be in the public interest; and ``(ii) the alien-- ``(I) has accepted employment with the health facility or health care organization in a geographic area or areas which are designated by the Secretary of Health and Human Services as having a shortage of health care professionals; ``(II) begins employment by the later of the date that is-- ``(aa) 90 days after receiving such waiver; ``(bb) 90 days after completing graduate medical education or training under a program approved pursuant to section 212(j)(1); or ``(cc) 90 days after receiving nonimmigrant status or employment authorization, if the alien or the alien's employer petitions for such nonimmigrant status or employment authorization not later than 90 days after the date on which the alien completes his or her graduate medical education or training under a program approved pursuant to section 212(j)(1); and ``(III) agrees to continue to work for a total of not less than 3 years in the status authorized for such employment under this subsection unless-- ``(aa) the Secretary of Homeland Security determines that extenuating circumstances, including violations by the employer of the employment agreement with the alien or of labor and employment laws, exist that justify a lesser period of employment at such facility or organization, in which case the alien shall demonstrate, not later than 90 days after the employment termination date (unless the Secretary determines that extenuating circumstances would justify an extension), another bona fide offer of employment at a health facility or health care organization in a geographic area or areas which are designated by the Secretary of Health and Human Services as having a shortage of health care professionals, for the remainder of such 3-year period; ``(bb) the interested State agency that requested the waiver attests that extenuating circumstances including violations by the employer of the employment agreement with the alien or of labor and employment laws, exist that justify a lesser period of employment at such facility or organization in which case the alien shall demonstrate, not later than 90 days after the employment termination date (unless the Secretary determines that extenuating circumstances would justify an extension), another bona fide offer of employment at a health facility or health care organization in a geographic area or areas which are designated by the Secretary of Health and Human Services as having a shortage of health care professionals, for the remainder of such 3-year period; or ``(cc) if the alien elects not to pursue a determination of extenuating circumstances pursuant to item (aa) or (bb), the alien terminates the alien's employment relationship with such facility or organization, in which case the alien shall demonstrate, not later than 45 days after the employment termination date, another bona fide offer of employment at a health facility or health care organization in a geographic area or areas, in the State that requested the alien's waiver, which are designated by the Secretary of Health and Human Services as having a shortage of health care professionals, and agree to be employed for the remainder of such 3-year period, and 1 additional year for each termination under this subclause; and''. (b) Allowable Visa Status for Physicians Fulfilling Waiver Requirements in Medically Underserved Areas.--Section 214(l)(2) of such Act (8 U.S.C. 1184(l)(2)) is amended by amending subparagraph (A) to read as follows: ``(A) Upon the request of an interested Federal agency or an interested State agency for recommendation of a waiver under this section by a physician who is maintaining valid nonimmigrant status under section 101(a)(15)(J) and a favorable recommendation by the Secretary of State, the Secretary of Homeland Security may change the status of such physician to that of an alien described in section 101(a)(15)(H)(i)(B). The numerical limitations contained in subsection (g)(1)(A) shall not apply to any alien whose status is changed under this subparagraph.''. (c) Violation of Agreements.--Section 214(l)(3)(A) of such Act (8 U.S.C. 1184(l)(3)(A)) is amended by inserting ``substantial requirement of an'' before ``agreement entered into''. (d) Physician Employment in Underserved Areas.--Section 214(l) of such Act (8 U.S.C. 1184(l)) is amended by adding at the end the following: ``(4)(A) If an interested State agency denies the application for a waiver under paragraph (1)(B) from a physician pursuing graduate medical education or training pursuant to section 101(a)(15)(J) because the State has requested the maximum number of waivers permitted for that fiscal year, the physician's nonimmigrant status shall be extended for up to 6 months if the physician agrees to seek a waiver under this subsection (except for paragraph (1)(D)(ii)) to work for an employer described in paragraph (1)(C) in a State that has not yet requested the maximum number of waivers. ``(B) Such physician shall be authorized to work only for the employer referred to in subparagraph (A) from the date on which a new waiver application is filed with such State until the earlier of-- ``(i) the date on which the Secretary of Homeland Security denies such waiver; or ``(ii) the date on which the Secretary approves an application for change of status under paragraph (2)(A) pursuant to the approval of such waiver.''. (e) Contract Requirements.--Section 214(l) of such Act, as amended by subsection (d), is further amended by adding at the end the following: ``(5) An alien granted a waiver under paragraph (1)(C) shall enter into an employment agreement with the contracting health facility or health care organization that-- ``(A) specifies the maximum number of on-call hours per week (which may be a monthly average) that the alien will be expected to be available and the compensation the alien will receive for on-call time; ``(B) specifies-- ``(i) whether the contracting facility or organization will pay the alien's malpractice insurance premiums; ``(ii) whether the employer will provide malpractice insurance; and ``(iii) the amount of such insurance that will be provided; ``(C) describes all of the work locations that the alien will work and includes a statement that the contracting facility or organization will not add additional work locations without the approval of the Federal agency or State agency that requested the waiver; and ``(D) does not include a non-compete provision. ``(6) An alien granted a waiver under this subsection whose employment relationship with a health facility or health care organization terminates under paragraph (1)(C)(ii) during the 3-year service period required under paragraph (1) shall be considered to be maintaining lawful status in an authorized period of stay during the 90-day period referred to in items (aa) and (bb) of subclause (III) of paragraph (1)(C)(ii) or the 45-day period referred to in subclause (III)(cc) of such paragraph.''. (f) Recapturing Waiver Slots Lost to Other States.--Section 214(l) of such Act, as amended by subsections (d) and (e), is further amended by adding at the end the following: ``(7) If a recipient of a waiver under this subsection terminates the recipient's employment with a health facility or health care organization pursuant to paragraph (1)(C)(ii), including termination of employment because of circumstances described in paragraph (1)(C)(ii)(III), and accepts new employment with such a facility or organization in a different State, the State from which the alien is departing may be accorded an additional waiver by the Secretary of State for use in the fiscal year in which the alien's employment was terminated.''. SEC. 4. ALLOTMENT OF CONRAD 30 WAIVERS. (a) In General.--Section 214(l) of the Immigration and Nationality Act (8 U.S.C. 1184(l)), as amended by section 3, is further amended by adding at the end the following: ``(8)(A)(i) All States shall be allotted a total of 35 waivers under paragraph (1)(B) for a fiscal year if 90 percent of the waivers available to the States receiving at least 5 waivers were used in the previous fiscal year. ``(ii) When an allotment occurs under clause (i), all States shall be allotted an additional 5 waivers under paragraph (1)(B) for each subsequent fiscal year if 90 percent of the waivers available to the States receiving at least 5 waivers were used in the previous fiscal year. If the States are allotted 45 or more waivers for a fiscal year, the States will only receive an additional increase of 5 waivers the following fiscal year if 95 percent of the waivers available to the States receiving at least 1 waiver were used in the previous fiscal year. ``(B) Any increase in allotments under subparagraph (A) shall be maintained indefinitely, unless in a fiscal year, the total number of such waivers granted is 5 percent lower than in the last year in which there was an increase in the number of waivers allotted pursuant to this paragraph, in which case-- ``(i) the number of waivers allotted shall be decreased by 5 for all States beginning in the next fiscal year; and ``(ii) each additional 5 percent decrease in such waivers granted from the last year in which there was an increase in the allotment, shall result in an additional decrease of 5 waivers allotted for all States, provided that the number of waivers allotted for all States shall not drop below 30.''. (b) Academic Medical Centers.--Section 214(l)(1)(D) of such Act is amended-- (1) in clause (ii), by striking ``and'' at the end; (2) in clause (iii), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(iv) in the case of a request by an interested State agency-- ``(I) the head of such agency determines that the alien is to practice medicine in, or be on the faculty of a residency program at, an academic medical center (as that term is defined in section 411.355(e)(2) of title 42, Code of Federal Regulations, or similar successor regulation), without regard to whether such facility is located within an area designated by the Secretary of Health and Human Services as having a shortage of health care professionals; and ``(II) the head of such agency determines that-- ``(aa) the alien physician's work is in the public interest; and ``(bb) the grant of such waiver would not cause the number of the waivers granted on behalf of aliens for such State for a fiscal year (within the limitation in subparagraph (B) and subject to paragraph (6)) in accordance with the conditions of this clause to exceed 3.''. SEC. 5. AMENDMENTS TO THE PROCEDURES, DEFINITIONS, AND OTHER PROVISIONS RELATED TO PHYSICIAN IMMIGRATION. (a) Visa Eligibility.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall amend guidance in the Foreign Affairs Manual to clarify that the expression of a future intention to seek a waiver under section 214(l) of the Immigration and Nationality Act (8 U.S.C. 1184(l)) by an alien coming to the United States to receive graduate medical education or training, as described in section 212(j) of such Act (8 U.S.C. 1182(j)), or to take examinations required to receive such graduate medical education or training, shall not, by itself, constitute evidence of an intention to abandon a foreign residence for purposes of obtaining a visa as a nonimmigrant or otherwise obtaining or maintaining the status of a nonimmigrant. (b) Applicability of Section 212(e) to Spouses and Children of J-1 Exchange Visitors.--Section 212(e) of the Immigration and Nationality Act (8 U.S.C. 1182(e)) is amended-- (1) by inserting ``(1)'' after ``(e)''; and (2) by adding at the end the following ``(2) A spouse or child of an exchange visitor described in section 101(a)(15)(J) shall not be subject to the requirements under this subsection solely on account of such spouse or child's derivative nonimmigrant status to an exchange visitor who is subject to the requirements under this subsection.''.

Conrad State 30 and Physician Access Reauthorization Act This bill amends the Immigration and Nationality Technical Corrections Act of 1994 to extend the J-1 visa waiver program (Conrad state 30/medical services in underserved areas) through September 30, 2021. The bill sets forth specified employment protections and contract requirements for alien physicians working in underserved areas, including: (1) a six-month status extension for a physician whose application his been denied by an oversubscribed state and who then agrees to work in an undersubscribed state, and (2) an allowable adjustment from a J-1 to an H-1B visa (specialty workers with a permitted U.S. stay of up to six years) for a physician fulfilling waiver requirements. The bill permits a state, under specified circumstances, to recapture a waiver slot lost to another state if a physician working in a health facility accepts employment with such a facility in another state. The number of alien physicians that a state may be allocated is increased from 30 to 35 per fiscal year under specified circumstances. The bill provides for: (1) additional increases or decreases based upon demand, and (2) up to three visa waivers per fiscal year per state for physicians in academic medical centers. Dual intent is permitted for an alien coming to the United States to receive graduate medical education or training or to take examinations required for graduate medical education or training.

Conrad State 30 and Physician Access Reauthorization Act

SECTION 1. PREPAYMENT OR REPRICING OF REA LOANS. Title III of the Rural Electrification Act of 1936 is amended by inserting after section 306B (7 U.S.C. 936b) the following new section: ``SEC. 306C. PREPAYMENT OR REPRICING OF LOANS. ``(a) In General.--Notwithstanding any other provision of law, the Secretary of the Treasury and the Administrator shall, on request of a borrower, allow the prepayment or repricing of a loan made by the Federal Financing Bank and guaranteed by the Administrator in accordance with this section and the terms of the applicable loan contract. ``(b) Terms of Repayment and Repricing.-- ``(1) In general.--In the case of a loan made by the Federal Financing Bank and guaranteed by the Administrator that permits prepayment of the loan at any time later than 12 years after the end of the year in which advances were made under the loan on payment of a premium, the borrower of the loan may, at any time prior to the maturity of the loan, prepay or reprice all or any part of the advances made under the loan in accordance with this subsection. ``(2) Prepayment.--A borrower of a loan described in paragraph (1) may prepay the advances by paying the outstanding principal balance of the loan, plus the sum of-- ``(A) the net present value of the 1-year interest prepayment premium, as provided under the terms of the note of the loan of the Federal Financing Bank; and ``(B) for the period of time from the date of prepayment until the end of the 12-year period provided for in the note, the net present value of the difference between-- ``(i) the income of the note at the effective interest rate; and ``(ii) the income of the note at an interest rate equal to the then current cost of funds to the Department of the Treasury for obligations of comparable maturity to the remaining term of the loan. ``(3) Repricing.--A borrower of a loan described in paragraph (1) may reprice the loan by paying the sum of-- ``(A) the net present value of the 1-year interest prepayment premium, as provided under the terms of the note of the loan of the Federal Financing Bank; and ``(B) for the period of time from the date of repricing until the end of the 12-year period provided for in the note, the net present value of the difference between-- ``(i) the income of the note at the effective interest rate; and ``(ii) the income of the note at an interest rate equal to the then current cost of funds to the Department of the Treasury for obligations of comparable maturity to the remaining term of the loan. ``(4) Lien accommodation.--If a borrower of a loan described in paragraph (1) elects to prepay an advance on the loan and applies for a loan from a private lender in an amount not to exceed the sum of the advance prepaid amount and any premium on the amount paid pursuant to this section, on the request of the borrower, the Administrator shall grant the private lender a lien accommodation on the assets of the borrower if the value of the assets subject to the lien will exceed 120 percent of the amount of all of the outstanding loans and guarantees secured under the lien. ``(c) Financing the Premiums.--In the case of a loan described in subsection (b)(1) that is prepaid or repriced in accordance with this section, the Administrator may guarantee a loan made to the borrower in an amount equal to the cost of any prepayment or repricing premium required under subparagraph (A) or (B) of subsection (b)(2) or subparagraph (A) or (B) of subsection (b)(3), as appropriate. ``(d) Hardship Prepayment Program.-- ``(1) Prepayment.--A borrower of a loan made by the Federal Financing Bank and guaranteed under section 306 may, at the option of the borrower, prepay the loan or an advance on the loan if the Administrator determines that the borrower is eligible under paragraph (3). ``(2) Prohibition on prepayment premiums.--No sums in addition to the payment of the outstanding principal balance due on the loan may be charged against the borrower, as a result of the prepayment. ``(3) Eligibility.--The Administrator shall allow the repayment of a loan under this subsection if the Administrator determines that the borrower-- ``(A) has experienced a severe hardship; or ``(B) serves a predominantly rural, low-income, and high unemployment area for which the electricity rates exceed the Statewide average. ``(4) New loans.--On the prepayment of a loan under this subsection and the request of the borrower, the Federal Financing Bank and the Administrator shall make a new loan to the borrower available at a level that at least equals the principal amount of the prepayment. ``(5) Authorization of appropriations.--There are authorized to be appropriated such sums as are necessary to provide for the cost (as defined in section 502(5) of the Congressional Budget Act of 1974 (2 U.S.C. 661a(5)) of the waiver under this subsection of prepayment premiums for loans made by the Federal Financing Bank and guaranteed by the Administrator.''.

Amends the Rural Electrification Act of 1936 to prescribe guidelines under which the Secretary of the Treasury and the Rural Electrification Administrator (the Administrator) shall allow, upon a borrower's request, the prepayment or repricing of a loan made by the Federal Financing Bank and guaranteed by the Administrator. Authorizes appropriations as necessary to provide for the cost of prepayment premium waivers for such loans.

A bill to amend the Rural Electrification Act of 1936 to permit the prepayment or repricing of certain loans according to the terms of the applicable loan contract, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pension Reform Act of 1993''. SEC. 2. PENSION INTEGRATION RULES. (a) Applicability of New Integration Rules Extended to All Existing Accrued Benefits.--Notwithstanding subsection (c)(1) of section 1111 of the Tax Reform Act of 1986 (relating to effective date of application of nondiscrimination rules to integrated plans) (100 Stat. 2440), effective for plan years beginning after the date of the enactment of this Act, the amendments made by subsection (a) of such section 1111 shall also apply to benefits attributable to plan years beginning on or before December 31, 1988. (b) Integration Disallowed for Simplified Employee Pensions.-- (1) In general.--Subparagraph (D) of section 408(k)(3) of the Internal Revenue Code of 1986 (relating to permitted disparity under rules limiting discrimination under simplified employee pensions) is repealed. (2) Conforming amendment.--Subparagraph (C) of such section 408(k)(3) is amended by striking ``and except as provided in subparagraph (D),''. (3) Effective date.--The amendments made by this subsection shall apply with respect to taxable years beginning on or after January 1, 1994. (c) Eventual Repeal of Integration Rules.--Effective for plan years beginning on or after January 1, 2002-- (1) subparagraphs (C) and (D) of section 401(a)(5) of the Internal Revenue Code of 1986 (relating to pension integration exceptions under nondiscrimination requirements for qualification) are repealed, and subparagraph (E) of such section 401(a)(5) is redesignated as subparagraph (C); and (2) subsection (l) of section 401 of such Code (relating to nondiscriminatory coordination of defined contribution plans with OASDI) is repealed. SEC. 3. APPLICATION OF MINIMUM COVERAGE REQUIREMENTS WITH RESPECT TO SEPARATE LINES OF BUSINESS. (a) In General.--Subsection (b) of section 410 of the Internal Revenue Code of 1986 (relating to minimum coverage requirements) is amended-- (1) in paragraph (1), by striking ``A trust'' and inserting ``In any case in which the employer with respect to a plan is treated, under section 414(r), as operating separate lines of business for a plan year, a trust'', and by inserting ``for such plan year'' after ``requirements''; and (2) by redesignating paragraphs (3) through (6) as paragraphs (4) through (7), respectively and by inserting after paragraph (2) the following new paragraph: ``(3) Special rule where employer operates single line of business.--In any case in which the employer with respect to a plan is not treated, under section 414(r), as operating separate lines of business for a plan year, a trust shall not constitute a qualified trust under section 401(a) unless such trust is designated by the employer as part of a plan which benefits all employees of the employer.''. (b) Limitation on Line of Business Exception.--Paragraph (6) of section 410(b) of such Code (as redesignated by subsection (a)(2) of this section) is amended by inserting ``other than paragraph (1)(A)'' after ``this subsection''. SEC. 4. ELIMINATION OF SPECIAL VESTING RULE FOR MULTIEMPLOYER PLANS. (a) Internal Revenue Code Amendment.--Paragraph (2) of section 411(a) of the Internal Revenue Code of 1986 (relating to minimum vesting standards) is amended-- (1) by striking ``subparagraph (A), (B), or (C)'' and inserting ``subparagraph (A) or (B)''; and (2) by striking subparagraph (C). (b) ERISA Amendment.--Paragraph (2) of section 203(a)(2) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1053(a)(2)) is amended-- (1) by striking ``subparagraph (A), (B), or (C)'' and inserting ``subparagraph (A) or (B)''; and (2) by striking subparagraph (C). SEC. 5. DIVISION OF PENSION BENEFITS UPON DIVORCE. (a) Amendments to the Internal Revenue Code of 1986.-- (1) In general.--Subsection (a) of section 401 of the Internal Revenue Code of 1986 (relating to requirements for qualification) is amended-- (A) by inserting after paragraph (31) the following new paragraph: ``(32) Division of pension benefits upon divorce.-- ``(A) In general.--In the case of a divorce of a participant in a pension plan from a spouse who is, immediately before the divorce, a beneficiary under the plan, a trust forming a part of such plan shall not constitute a qualified trust under this section unless the plan provides that at least 50 percent of the marital share of the accrued benefit of the participant under the plan ceases to be an accrued benefit of such participant and becomes an accrued benefit of such divorced spouse, determined and payable upon the earlier of the retirement of the participant, the participant's death, or the termination of the plan, except to the extent that a qualified domestic relations order in connection with such divorce provides otherwise. ``(B) Limitation.--Subparagraph (A) shall not be construed-- ``(i) to require a plan to provide any type or form of benefit, or any option, not otherwise provided under the plan, ``(ii) to require the plan to provide increased benefits (determined on the basis of actuarial value), ``(iii) to require the payment of benefits to the divorced spouse which are required to be paid to another individual in accordance with this paragraph or pursuant to a domestic relations order previously determined to be a qualified domestic relations order, or ``(iv) to require payment of benefits to the divorced spouse in the form of a qualified joint and survivor annuity to the divorced spouse and his or her subsequent spouse. ``(C) Definitions.--For purposes of this paragraph-- ``(i) Domestic relations order; qualified domestic relations order.--The terms `domestic relations order' and `qualified domestic relations order' shall have the meanings provided in section 414(p). ``(ii) Marital share.--The term `marital share' means, in connection with an accrued benefit under a pension plan, the product derived by multiplying-- ``(I) the actuarial present value of the accrued benefit, by ``(II) a fraction, the numerator of which is the period of time, during the marriage between the spouse and the participant in the plan, which constitutes creditable service by the participant under the plan, and the denominator of which is the total period of time which constitutes creditable service by the participant under the plan. ``(iii) Qualified joint and survivor annuity.--The term `qualified joint and survivor annuity' has the meaning provided in section 417(b). ``(D) Regulations.--In prescribing regulations under this paragraph, the Secretary shall consult with the Secretary of Labor.''; and (B) in the last sentence, by striking ``and (20)'' and inserting ``(20), and (32)''. (2) Conforming amendments.-- (A) Subparagraph (B) of section 401(a)(13) of such Code (relating to special rules for domestic relations orders) is amended by inserting ``or if such creation, assignment, or recognition pursuant to such order is necessary for compliance with the requirements of paragraph (32)'' before the period. (B) Subsection (p) of section 414 of such Code (defining qualified domestic relations orders) is amended-- (i) in paragraph (3)(C), by inserting ``or to a divorced spouse of the participant in connection with a previously occurring divorce as required under section 401(a)(32)'' before the period; and (ii) in paragraph (7)(C), by striking ``if there had been no order'' and inserting ``in accordance with section 401(a)(32) as if there had been no qualified domestic relations order''. (b) Amendments to the Employee Retirement Income Security Act of 1974.-- (1) In general.--Section 206 of Employee Retirement Income Security Act of 1974 (29 U.S.C. 1056) is amended by adding at the end the following new subsection: ``(e)(1) In the case of a divorce of a participant in a pension plan from a spouse who is, immediately before the divorce, a beneficiary under the plan, the plan shall provide that at least 50 percent of the marital share of the accrued benefit of the participant under the plan ceases to be an accrued benefit of such participant and becomes an accrued benefit of such divorced spouse, determined and payable upon the earlier of the retirement of the participant, the participant's death, or the termination of the plan, except to the extent that a qualified domestic relations order in connection with such divorce provides otherwise. ``(2) Paragraph (1) shall not be construed-- ``(A) to require a plan to provide any type or form of benefit, or any option, not otherwise provided under the plan, ``(B) to require the plan to provide increased benefits (determined on the basis of actuarial value), ``(C) to require the payment of benefits to the divorced spouse which are required to be paid to another individual in accordance with this subsection or pursuant to a domestic relation order previously determined to be a qualified domestic relations order, or ``(D) to require payment of benefits to the divorced spouse in the form of a joint and survivor annuity to the divorced spouse and his or her subsequent spouse. ``(3) For purposes of this subsection-- ``(A) The terms `domestic relations order' and `qualified domestic relations order' shall have the meanings provided in subsection (d)(3)(B). ``(B) The term `marital share' means, in connection with an accrued benefit under a pension plan, the product derived by multiplying-- ``(i) the actuarial present value of the accrued benefit, by ``(ii) a fraction-- ``(I) the numerator of which is the period of time, during the marriage between the spouse and the participant in the plan, which constitutes creditable service by the participant under the plan, and ``(II) the denominator of which is the total period of time which constitutes creditable service by the participant under the plan. ``(C) The term `qualified joint and survivor annuity' shall have the meaning provided in section 205(d). ``(4) In prescribing regulations under this subsection, the Secretary shall consult with the Secretary of the Treasury.''. (2) Conforming amendments.--Section 206(d) of such Act (29 U.S.C. 1056(d)) is amended-- (A) in the first sentence of paragraph (3), by inserting ``or if such creation, assignment, or recognition pursuant to such order is necessary for compliance with the requirements of subsection (e)'' before the period; (B) in paragraph (3)(D)(iii), by inserting ``or to a divorced spouse of the participant in connection with a previously occurring divorce as required under subsection (e)'' before the period; and (C) in paragraph (3)(H)(iii), by striking ``if there had been no order'' and inserting ``in accordance with subsection (e) as if there had been no qualified domestic relations order''. SEC. 6. EFFECTIVE DATES. (a) In General.--Except as provided in subsection (b), the amendments made by this Act, other than section 2, shall apply with respect to plan years beginning on or after January 1, 1995, and the amendments made by section 5 shall apply only with respect to divorces becoming final in such plan years. (b) 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, subsection (a) shall be applied to benefits pursuant to, and individuals covered by, any such agreement by substituting for ``January 1, 1995'' the date of the commencement of the first plan year beginning on or after the earlier of-- (1) the later of-- (A) January 1, 1995, or (B) the date on which the last of such collective bargaining agreements terminates (determined without regard to any extension thereof after the date of the enactment of this Act), or (2) January 1, 1997. (c) Plan Amendments.--If any amendment made by this Act requires an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after January 1, 1995, if-- (1) during the period after such amendment made by this Act takes effect and before such first plan year, the plan is operated in accordance with the requirements of such amendment made by this Act, and (2) such plan amendment applies retroactively to the period after such amendment made by this Act takes effect and such first plan year. A plan shall not be treated as failing to provide definitely determinable benefits or contributions, or to be operated in accordance with the provisions of the plan, merely because it operates in accordance with this subsection. SEC. 7. CLARIFICATION OF CONTINUED AVAILABILITY OF REMEDIES RELATING TO MATTERS TREATED IN DOMESTIC RELATIONS ORDERS ENTERED BEFORE 1985. (a) In General.--In any case in which-- (1) under a prior domestic relations order entered before January 1, 1985, in an action for divorce-- (A) the right of a spouse under a pension plan to an accrued benefit under such plan was not divided between spouses, (B) any right of a spouse with respect to such an accrued benefit was waived without the informed consent of such spouse, or (C) the right of a spouse as a participant under a pension plan to an accrued benefit under such plan was divided so that the other spouse received less than such other spouse's pro rata share of the accrued benefit under the plan, or (2) a court of competent jurisdiction determines that any further action is appropriate with respect to any matter to which a prior domestic relations order entered before such date applies, nothing in the provisions of section 104, 204, or 303 of the Retirement Equity Act of 1984 (Public Law 98-397) or the amendments made thereby shall be construed to require or permit the treatment, for purposes of such provisions, of a domestic relations order, which is entered on or after the date of the enactment of this Act and which supercedes, amends the terms of, or otherwise affects such prior domestic relations order, as other than a qualified domestic relations order solely because such prior domestic relations order was entered before January 1, 1985. (b) Definitions.--For purposes of this section-- (1) In general.--Terms used in this section which are defined in section 3 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002) shall have the meanings provided such terms by such section. (2) Pro rata share.--The term ``pro rata share'' of a spouse means, in connection with an accrued benefit under a pension plan, 50 percent of the product derived by multiplying-- (A) the actuarial present value of the accrued benefit, by (B) a fraction-- (i) the numerator of which is the period of time, during the marriage between the spouse and the participant in the plan, which constitutes creditable service by the participant under the plan, and (ii) the denominator of which is the total period of time which constitutes creditable service by the participant under the plan. (3) Plan.--All pension plans in which a person has been a participant shall be treated as one plan with respect to such person. SEC. 8. SECTION 2 OF RAILROAD RETIREMENT ACT OF 1974 IS AMENDED-- (1) in subsection (c)(4), by striking ``(A) is entitled to an annuity under subsection (a)(1) and (B)'' (2) in subsection (e)(5), by striking ``or divorced wife'' the second place it appears. HR 4367 IH----2

Pension Reform Act of 1993 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code (IRC) with respect to pension integration, participation, and vesting requirements. Extends applicability of new integration rules under the Tax Reform Act of 1986 to all existing accrued benefits. Amends the IRC to disallow integration for simplified employee pensions, by repealing provisions relating to permitted disparity under rules limiting discrimination under simplified employee pensions. Provides for eventual repeal of certain integration rules, by repealing for plan years beginning on or after January 1, 2002, IRC provisions relating to: (1) pension integration exceptions under nondiscrimination requirements for qualification; and (2) nondiscriminatory coordination of defined contribution plans with Old Age, Survivors and Disability Insurance. Revises IRC minimum coverage requirements with respect to separate lines of business. Sets forth a special rule where the employer operates a single line of business. Limits a line of business exception. Eliminates a special vesting rule for multiemployer plans under IRC and ERISA. Provides for division of pension benefits upon divorce unless otherwise provided in qualified domestic relations orders. Provides for the continued availability of remedies relating to rights of spouses to accrued benefits under pension plans under divorce case domestic relations orders entered before 1985. Amends the Railroad Retirement Act of 1974 to revise provisions relating to divorced wives' eligibility for annuities.

Pension Reform Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Law Judge Act of 1994''. SEC. 2. AUTHORITY TO REFER TO MEMBERS OF BOARD OF VETERANS' APPEALS AS VETERANS LAW JUDGES. Section 7101(b) of title 38, United States Code, is amended by adding at the end the following: ``(5)(A) Except as provided in subparagraph (B), a member of the Board, including the Chairman and the Vice Chairman, shall be referred to as a veterans law judge. ``(B) Subparagraph (A) shall not apply to a temporary member of the Board.''. SEC. 3. CLASSIFICATION AND PAY OF MEMBERS OF BOARD OF VETERANS' APPEALS. (a) In General.--Section 7101(b) of title 38, United States Code, as amended by section 2, is further amended by adding at the end the following: ``(6) A member of the Board (other than the Chairman and Vice Chairman) shall receive compensation under the provisions of section 5372 of title 5 and other benefits equal to those payable to an administrative law judge.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the first day of the first pay period beginning after the date of the enactment of this Act. (c) Savings Provision.--The rate of basic pay payable to an individual who is a member of the Board of Veterans' Appeals on the date of the enactment of this Act may not be reduced by reason of the amendment made by subsection (a) below the rate payable to such individual on the day before the effective date specified in subsection (b). SEC. 4. CONTINUATION OF SERVICE AND REAPPOINTMENT OF BOARD MEMBERS. (a) Chairman.--Paragraph (1) of section 7101(b) of title 38, United States Code, is amended to read as follows: ``(1)(A) The Chairman shall be appointed by the President, by and with the advice and consent of the Senate, for a term of six years. ``(B) Notwithstanding subparagraph (A), the Chairman may, upon the approval of the Secretary, serve after the expiration of the term of the Chairman under that subparagraph. The Chairman may serve under this subparagraph until-- ``(i) the confirmation of the Chairman under subparagraph (A) for an additional term to which the Chairman is appointed under paragraph (3); or ``(ii) the confirmation of the successor to the Chairman. ``(C) The Chairman may be removed by the President for misconduct, inefficiency, neglect of duty, or engaging in the practice of law or for physical or mental disability which, in the opinion of the President, prevents the proper execution of the Chairman's duties. The Chairman may not be removed from office by the President on any other grounds. Any such removal may only be made after notice and opportunity for hearing.''. (b) Other Members of Board.--Paragraph (2) of such section is amended to read as follows: ``(2)(A) The other members of the Board (including the Vice Chairman) shall be appointed by the Secretary, with the approval of the President and based upon recommendations of the Chairman, for a term of nine years. ``(B) Notwithstanding subparagraph (A), a member of the Board may, upon the recommendation of the Chairman and the approval of the Secretary, serve after the expiration of the term of the member under that subparagraph. A member may serve under this subparagraph until-- ``(i) the appointment of the member to an additional term under paragraph (3); or ``(ii) the appointment of the successor to the member. ``(C)(i) The Secretary shall notify a member of the Board under this paragraph if-- ``(I) the Chairman decides not to recommend the member for appointment under paragraph (3) to an additional term; or ``(II) the Secretary decides not to appoint the member to an additional term under that paragraph. ``(ii) The Secretary shall notify a member of the Board under clause (i) not later than 120 days before the expiration of the member's term. ``(iii) A notification under clause (i) shall include an explanation of the Chairman's decision not to recommend the member for appointment or the Secretary's decision not to appoint the member, as the case may be. ``(iv) The Secretary shall provide a member of the Board who receives a notice under this subparagraph an opportunity for a hearing on the matters in the notice. The hearing shall occur not later than 60 days before the expiration of the member's term. ``(v) Upon completion of a hearing in the case of a member of the Board under clause (iv), the Secretary shall determine whether or not to appoint the member to an additional term under paragraph (3). The Secretary's decision shall be final and shall not be subject to judicial review. ``(D)(i) Except as provided in clause (ii), if the Secretary fails to notify a member of the Board covered by clause (i) of subparagraph (C) by the time specified in clause (ii) of that subparagraph, the member shall be deemed appointed by the Secretary to an additional term under paragraph (3). ``(ii) The President may disapprove the appointment of a member of the Board to an additional term under clause (i). A member whose appointment is so disapproved shall not be deemed appointed to such term under that clause. ``(E) Upon the expiration of the term, including any service after such expiration under subparagraph (B), of a member of the Board (other than the Chairman) who was a career or career-conditional employee in the service before commencement of the term, the member shall revert to the civil service grade and series held by the member immediately before the appointment of the member to the Board. ``(F)(i) Reversion of a member of the Board under subparagraph (E) shall not affect the taking against the member of an action referred to in clause (ii) if the action was initiated before the expiration of the term of the member. ``(ii) Clause (i) refers to the following actions: ``(I) Removal of a member of the Board. ``(II) Suspension of a member. ``(III) Reduction in grade of a member. ``(IV) Reduction in pay of a member. ``(V) Furlough of a member for 30 days or less. ``(VI) A reduction-in-force under section 3502 of title 5. ``(VII) An action initiated under section 1215 of title 5.''. (c) Criteria for Reappointment of Board Members.--(1) The Secretary of Veterans Affairs shall prescribe criteria applicable to the appointment of members of the Board of Veterans' Appeals to a term on the Board under section 7101(b)(3) of title 38, United States Code. (2) The criteria prescribed under paragraph (1) shall not apply to the Chairman of the Board. (3)(A) The criteria prescribed under paragraph (1) shall take into consideration the timeliness of a member of the Board, the case management of a member, the extent to which substantive errors appear in the decisions of the Board issued by the member, and the conduct of a member as a member of the Board. (B) Such criteria shall not provide for an evaluation of a member of the Board in accordance with the granting or denying of appeals by the member. (d) Applicability.--Subparagraph (B) of section 7101(b)(2) of title 38, United States Code, as amended by subsection (b), shall apply to members of the Board of Veterans' Appeals appointed under section 201(d) of the Veterans' Judicial Review Act (division A of Public Law 100-687; 38 U.S.C. 7101 note). SEC. 5. BOARD MEMBERS HOLDING APPOINTMENTS IN THE SENIOR EXECUTIVE SERVICE. Notwithstanding any other provision of law, any member of the Board of Veterans' Appeals who, on the date of the enactment of this Act, is a member of the Senior Executive Service shall-- (1) continue as a member of the Senior Executive Service while serving as a member of the Board; and (2) during the term of office of the member under section 7101(b) of title 38, United States Code, receive the pay, leave, and other benefits (including benefits relating to reassignment) to which members of the Senior Executive Service are entitled.

Veterans Law Judge Act of 1994 - Redesignates the Chairman and other members of the Board of Veterans Appeals (other than temporary members) as veterans law judges. Classifies the pay rate for veterans law judges as that of administrative law judges. Authorizes the Chairman of the Board or other Board members to continue to serve in such positions, upon approval of the Secretary of Veterans Affairs, after the expiration of their terms. Requires the Secretary to notify Board members at least 120 days in advance of a decision not to recommend such member for appointment to an additional term. Allows the opportunity for a hearing on such decision. Allows the President to disapprove the appointment of a Board member to an additional term. Provides for reversion to the civil grades and series held by Board members prior to their appointment upon the expiration of their terms of appointment. Directs the Secretary to prescribe criteria for Board member reappointment. Allows current Board members in the Senior Executive Service to continue to be paid at that rate.

Veterans Law Judge Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medical Advertising Reform Act''. TITLE I--LABELING AND ADVERTISING FOR PRESCRIPTION DRUGS SEC. 101. ADVERTISING FOR PRESCRIPTION DRUGS. (a) Advertisements Intended for Consumers; Prior Approval.--Section 502(n) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 352(n)) is amended by striking ``except that (A)'' and all that follows through ``and (B)'' and inserting the following: ``provided that (A)(i) in the case of an advertisement intended for consumers of a prescription drug, such regulations shall require prior approval by the Secretary of the content of the advertisement, which approval or denial shall be issued not later than 30 days after the content is submitted to the Secretary, and (ii) in the case of an advertisement not so intended, such regulations may not, except in extraordinary circumstances, require prior approval by the Secretary of the content of the advertisement, and (B)''. (b) Two-Year Prohibition After Approval of Drug.-- (1) In general.--Section 505(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(c)) is amended by adding at the end the following paragraph: ``(5)(A) In the case of a prescription drug, the Secretary shall require as a condition of the approval of an application under subsection (b) that the applicant ensure that no advertisement for the drug is issued or caused to be issued during the two-year period beginning on the date on which the application is approved. ``(B) The Secretary, after notice and opportunity for a hearing, may extend the two-year period under subparagraph (A) if the Secretary determines that such extension is necessary to protect the public health.''. (2) Enforcement.--Section 502 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 352) is amended by adding at the end the following: ``(x) If it is a prescription drug with respect to which there is a failure to comply with a requirement under section 505(c)(5).''. (c) Rule of Construction.--The amendments made by subsections (a) and (b) may not be construed as affecting the authority of the Secretary of Health and Human Services under section 319 of the Public Health Service Act (relating to actions to respond to public health emergencies). SEC. 102. LABELING AND ADVERTISING FOR PRESCRIPTION DRUGS; REPORT TO CONGRESS REGARDING COMPARATIVE EFFECTIVENESS AND COST- EFFECTIVENESS. Not later than one year after the date of the enactment of this Act, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall submit to the Committee on Energy and Commerce in the House of Representatives, and the Committee on Health, Education, Labor, and Pensions in the Senate, a report providing a proposal for the inclusion in the labeling and advertisements for each prescription drug of information concerning the comparative effectiveness and comparative cost-effectiveness of the drug in relation to other prescription drugs that are in the same class of drugs. Such report shall include a description of the amendments to the Federal Food, Drug, and Cosmetic Act that would be necessary to enact such proposal. SEC. 103. FUNDING FOR DIVISION OF DRUG MARKETING, ADVERTISING, AND COMMUNICATIONS. For carrying out the responsibilities of the Division of Drug Marketing, Advertising, and Communications (within the Office of Medical Policy, Center for Drug Evaluation and Research, Food and Drug Administration), there are authorized to be appropriated $25,000,000 for fiscal year 2007, and such sums as may be necessary for each subsequent fiscal year. TITLE II--ADVERTISING FOR RESTRICTED MEDICAL DEVICES SEC. 201. ADVERTISING FOR RESTRICTED DEVICES. (a) Advertisements Intended for Consumers; Prior Approval.--Section 502(r) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 352(r)) is amended-- (1) by inserting after the first period the following: ``In the case of an advertisement intended for consumers of a restricted device, regulations under this paragraph shall require prior approval by the Secretary of the content of the advertisement, which approval or denial shall be issued not later than 30 days after the content is submitted to the Secretary.''; and (2) by striking ``Except in extraordinary circumstances'' and all that follows through ``prior approval'' and inserting the following: ``In the case of an advertisement not so intended, such regulations may not, except in extraordinary circumstances, require prior approval''. (b) Study by Government Accountability Office; Report to Congressional Committees.-- (1) In general.--The Comptroller General of the United States shall conduct a study on the impact of consumer-directed advertising on restricted device utilization and spending. Such study shall consider, for the period January 1, 2001, through December 31, 2005-- (A) the growth in retail sales of the 25 restricted devices most heavily advertised (as measured by the volume of advertisements aired or published) relative to the sales of other restricted devices; (B) annual retail price increases of the 25 most heavily advertised devices compared to those of other devices; and (C) such other information as the Comptroller General determines is useful in assessing the impact of advertising on the national health care consumption and spending. (2) Evaluation of regulatory controls and sufficiency of resources.-- (A) In general.--In conducting the study under paragraph (1), the Comptroller General shall, in addition to considerations under such paragraph, evaluate whether-- (i) current regulatory controls are designed and implemented so as to effectively ensure that consumer-directed device advertising provides complete and accurate information concerning the safety and effectiveness considerations associated with advertised devices; and (ii) the Food and Drug Administration devotes sufficient resources to the tasks of monitoring and enforcing such controls. (B) Recommendations for congress.--If the Comptroller General concludes that the design or implementation of current regulatory controls is ineffective within the meaning of subparagraph (A)(i), or that the resources allocated for their implementation are insufficient within the meaning of subparagraph (A)(ii), the Comptroller General shall develop recommendations for the Congress for remediation of the deficiencies. (3) Definitions.--For purposes of this subsection, the terms ``device'' and ``restricted device'' have the meanings that apply for purposes of the Federal Food, Drug, and Cosmetic Act. (4) Report.--Not later than July 1, 2006, the Comptroller General shall submit to the Committee on Energy and Commerce in the House of Representatives, and the Committee on Finance in the Senate, a report providing the findings of the study under paragraph (1), including (as applicable) recommendations under paragraph (2)(B). SEC. 202. FUNDING FOR OFFICE OF COMPLIANCE. For carrying out the responsibilities of the Office of Compliance (within the Center for Devices and Radiological Health, Food and Drug Administration), there are authorized to be appropriated $5,000,000 for each of the fiscal years 2007 through 2009, and such sums as may be necessary for each subsequent fiscal year. TITLE III--AVAILABILITY TO PUBLIC OF OBJECTIVE INFORMATION ON DRUGS SEC. 301. AVAILABILITY OF INFORMATION. (a) In General.--The Secretary of Health and Human Services shall provide for the availability to the public of objective information on health conditions and treatments through-- (1) maintaining a toll-free telephone number to provide such information; (2) carrying out a public information campaign to make the public aware that such information is available from the Department of Health and Human Services through such telephone number and through the Internet site www.healthfinder.gov (or successor site); and (3) using the telephone number under paragraph (1), and the Internet site of the Food and Drug Administration, to make the public aware of the Internet site referred to in paragraph (2). (b) Authorization of Appropriations for Public Information Campaign.--For the purpose of carrying out subsection (a)(2), there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2007 through 2009.

Medical Advertising Reform Act - Amends the Federal Food, Drug, and Cosmetic Act to require prior approval by the Secretary of Health and Human Services of consumer-directed advertising for prescription drugs and restricted medical devices. Prohibits drugs advertising for a two-year period after approval of a new prescription drug. Allows the Secretary to extend such period as necessary to protect the public health. Deems prescription drugs to be misbranded for failure to comply with the advertising prohibition during such period. Requires the Secretary, acting through the Commissioner of Food and Drugs, to report to Congress regarding a proposal to include on the labeling and advertisements for prescription drugs information on the comparative effectiveness and comparative cost-effectiveness of a drug to other drugs in the same class. Directs the Comptroller General to study the impact of consumer-directed advertising on restricted device utilization and spending. Requires the Secretary to maintain a toll-free number to provide the public with objective information on health conditions and treatments.

To amend the Federal Food, Drug, and Cosmetic Act to require prior approval by the Food and Drug Administration of advertisements for prescription drugs and restricted medical devices, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public-Private Cybersecurity Cooperation Act''. SEC. 2. DEPARTMENT OF HOMELAND SECURITY DISCLOSURE OF SECURITY VULNERABILITIES. (a) Definitions.--In this section: (1) Appropriate information system.--The term ``appropriate information system'' means an information system that the Secretary of Homeland Security selects for inclusion under the vulnerability disclosure policy required by subsection (b). (2) Department.--The term ``Department'' means the Department of Homeland Security. (3) Information system.--The term ``information system'' has the meaning given that term by section 3502(12) of title 44, United States Code. (4) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. (5) Security vulnerability.--The term ``security vulnerability'' has the meaning given that term in section 102(17) of the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501(17)), in information technology. (b) Vulnerability Disclosure Policy.--The Secretary shall establish a policy applicable to individuals, organizations, and companies that report security vulnerabilities on appropriate information systems of Department. Such policy shall include each of the following: (1) The appropriate information systems of the Department that individuals, organizations, and companies may use to discover and report security vulnerabilities on appropriate information systems. (2) The conditions and criteria under which individuals, organizations, and companies may operate to discover and report security vulnerabilities. (3) How individuals, organizations, and companies may disclose to the Department security vulnerabilities discovered on appropriate information systems of the Department. (4) The ways in which the Department may communicate with individuals, organizations, and companies that report security vulnerabilities. (5) The process the Department shall use for public disclosure of reported security vulnerabilities. (c) Remediation Process.--The Secretary shall develop a process for the Department to address the mitigation or remediation of the security vulnerabilities reported through the policy developed in subsection (b). (d) Consultation.-- (1) In general.--In developing the security vulnerability disclosure policy under subsection (b), the Secretary shall consult with each of the following: (A) The Attorney General regarding how to ensure that individuals, organizations, and companies that comply with the requirements of the policy developed under subsection (b) are protected from prosecution under section 1030 of title 18, United States Code, civil lawsuits, and similar provisions of law with respect to specific activities authorized under the policy. (B) The Secretary of Defense and the Administrator of General Services regarding lessons that may be applied from existing vulnerability disclosure policies. (C) Non-governmental security researchers. (2) Nonapplicability of faca.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to any consultation under this section. (e) Public Availability.--The Secretary shall make the policy developed under subsection (b) publicly available. (f) Submission to Congress.-- (1) Disclosure policy and remediation process.--Not later than 90 days after the date of enactment of this Act, the Secretary shall submit to Congress a copy of the policy required under subsection (b) and the remediation process required under subsection (c). (2) Report and briefing.-- (A) Report.--Not later than 1 year after establishing the policy required under subsection (b), the Secretary shall submit to Congress a report on such policy and the remediation process required under subsection (c). (B) Annual briefings.--One year after the date of the submission of the report under subparagraph (A), and annually thereafter for each of the next 3 years, the Secretary shall provide to Congress a briefing on the policy required under subsection (b) and the process required under subsection (c). (C) Matters for inclusion.--The report required under subparagraph (A) and the briefings required under subparagraph (B) shall include each of the following with respect to the policy required under subsection (b) and the process required under subsection (c) for the period covered by the report or briefing, as the case may be: (i) The number of unique security vulnerabilities reported. (ii) The number of previously unknown security vulnerabilities mitigated or remediated. (iii) The number of unique individuals, organizations, and companies that reported security vulnerabilities. (iv) The average length of time between the reporting of security vulnerabilities and mitigation or remediation of such vulnerabilities.

Public-Private Cybersecurity Cooperation Act This bill directs the Department of Homeland Security (DHS) to: (1) establish a policy applicable to individuals and entities that reports security vulnerabilities on DHS public websites, (2) develop a process for mitigation or remediation of security vulnerabilities that are reported, (3) consult with specified federal departments and nongovernmental security researchers in developing the policy, and (4) submit the policy and the remediation process to Congress. DHS must make such policy publicly available.

Public-Private Cybersecurity Cooperation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Perkins County Rural Water System Act of 1996''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that-- (1) there are insufficient water supplies of reasonable quality available to the members of the Perkins County Rural Water System located in Perkins County, South Dakota, and the water supplies that are available do not meet the minimum health and safety standards, thereby posing a threat to public health and safety; (2) in 1977 the North Dakota State Legislature authorized and directed the State Water Commission to conduct the Southwest Area Water Supply Study, which included water service to a portion of Perkins County, South Dakota; (3) the Garrison Diversion Unit Reformulation Act of 1986 authorized the Southwest Pipeline project as an eligible project for Federal cost share participation; (4) the Perkins County Rural Water System has continued to be recognized by the State of North Dakota, the Southwest Water Authority, the North Dakota Water Commission, the Department of the Interior, and the Congress of the United States as a component of the Southwest Pipeline Project; and (5) the best available, reliable, and safe rural and municipal water supply to serve the needs of the Perkins County Rural Water System, Inc., members is the Missouri River as delivered by the Southwest Pipeline Project in North Dakota. (b) Purposes.--The Congress declares that the purposes of sections 1 through 13 are to-- (1) ensure a safe and adequate municipal, rural, and industrial water supply for the members of the Perkins County Rural Water Supply System, Inc., in Perkins County, South Dakota; (2) assist the citizens of the Perkins County Rural Water Supply System, Inc., to develop safe and adequate municipal, rural, and industrial water supplies; and (3) promote the implementation of water conservation programs by the Perkins County Rural Water System, Inc. SEC. 3. DEFINITIONS. As used in this Act (unless the context clearly requires otherwise): (1) Feasibility study.--The term ``feasibility study'' means the study entitled ``Feasibility Study for Rural Water System for Perkins County Rural Water System, Inc.'', as amended in March 1995. (2) Project construction budget.--The term ``project construction budget'' means the description of the total amount of funds that are needed for the construction of the water supply system, as contained in the feasibility study. (3) Pumping and incidental operational requirements.--The term ``pumping and incidental operational requirements'' means all power requirements that are incidental to the operation of intake facilities, pumping stations, water treatment facilities, reservoirs, and pipelines up to the point of delivery of water by the Perkins County Rural Water System to each entity that distributes water at retail to individual users. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) Water supply system.--The term ``water supply system'' means the Perkins County Rural Water System, Inc., that is established and operated substantially in accordance with the feasibility study. SEC. 4. FEDERAL ASSISTANCE FOR THE WATER SUPPLY SYSTEM. (a) In General.--The Secretary is authorized to make grants to the Perkins County Rural Water System, Inc., a nonprofit corporation, for the planning and construction of the water supply system. (b) Service Area.--The water supply system shall provide for safe and adequate municipal, rural, and industrial water supplies, mitigation of wetlands areas, and water conservation in Perkins County, South Dakota. (c) Amount of Grants.--Grants made available under subsection (a) to the Perkins County Water System, Inc., shall not exceed the amount authorized under section 10. (d) Limitation on Availability of Construction Funds.--The Secretary shall not obligate funds for the construction of the water supply system until-- (1) the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) have been met; (2) a final engineering report has been prepared and submitted to the Congress for a period of not less than 90 days before the commencement of construction of the system; and (3) a water conservation program has been developed and implemented. SEC. 5. WATER CONSERVATION. (a) Purpose.--The water conservation program required under this section shall be designed to ensure that users of water from the water supply system will use the best practicable technology and management techniques to conserve water use. (b) Description.--The water conservation programs shall include-- (1) low consumption performance standards for all newly installed plumbing fixtures; (2) leak detection and repair programs; (3) rate structures that do not include declining block rate schedules for municipal households and special water users (as defined in the feasibility study); (4) public education programs; (5) coordinated operation between the Perkins County Rural Water System and any preexisting water supply facilities within its service area; and (6) coordinated operation between the Southwest Pipeline Project of North Dakota and the Perkins County Rural Water System, Inc., of South Dakota. (c) Review and Revision.--The programs described in subsection (b) shall contain provisions for periodic review and revision, in cooperation with the Secretary. SEC. 6. MITIGATION OF FISH AND WILDLIFE LOSSES. Mitigation of fish and wildlife losses incurred as a result of the construction and operation of the Perkins County Rural Water Supply System shall be on an acre-for-acre basis, based on ecological equivalency, concurrent with project construction, as provided in the feasibility study. SEC. 7. USE OF PICK-SLOAN POWER. (a) In General.--From power designated for future irrigation and drainage pumping for the Pick-Sloan Missouri River Basin Program, the Western Area Power Administration shall make available the capacity and energy required to meet the pumping and incidental operational requirements of the water supply system during the period beginning May 1, and ending October 31, of each year. (b) Conditions.--The capacity and energy described in subsection (a) shall be made available on the following conditions: (1) The water supply system shall be operated on a not-for- profit basis. (2) The water supply system shall contract to purchase its entire electric service requirements, including the capacity and energy made available under subsection (a), from a qualified preference power supplier that itself purchases power from the Western Area Power Administration. (3) The rate schedule applicable to the capacity and energy made available under subsection (a) shall be the firm power rate schedule of the Pick-Sloan Eastern Division of the Western Area Power Administration in effect when the power is delivered by the Administration. (4) It shall be agreed by contract among-- (A) the Western Area Power Administration; (B) the power supplier with which the water supply system contracts under paragraph (2); (C) the power supplier of the entity described in subparagraph (B); and (D) the Perkins County Rural Water System, Inc., that in the case of the capacity and energy made available under subsection (a), the benefit of the rate schedule described in paragraph (3) shall be passed through to the water supply system, except that the power supplier of the water supply system shall not be precluded from including, in the charges of the supplier to the water system for the electric service, the other usual and customary charges of the supplier. SEC. 8. NO LIMITATION ON WATER PROJECTS IN STATES. This Act shall not limit the authorization for water projects in South Dakota and North Dakota under law in effect on or after the date of enactment of this Act. SEC. 9. WATER RIGHTS. Nothing in this Act-- (1) invalidates or preempts State water law or an interstate compact governing water; (2) alters the rights of any State to any appropriated share of the waters of any body of surface or ground water, whether determined by past or future interstate compacts or by past or future legislative or final judicial allocations; (3) preempts or modifies any Federal or State law, or interstate compact, dealing with water quality or disposal; or (4) confers on any non-Federal entity the ability to exercise any Federal right to the waters of any stream or to any ground water resource. SEC. 10. FEDERAL COST SHARE. The Secretary is authorized to provide funds equal to 75 percent of-- (1) the amount allocated in the total project construction budget for the planning and construction of the water supply system under section 4; and (2) such sums as are necessary to defray increases in development costs reflected in appropriate engineering cost indices after May 1, 1994. SEC. 11. NON-FEDERAL COST SHARE. The non-Federal share of the costs allocated to the water supply system shall be 25 percent of-- (1) the amount allocated in the total project construction budget for the planning and construction of the water supply system under section 4; and (2) such sums as are necessary to defray increases in development costs reflected in appropriate engineering cost indices after May 1, 1994. SEC. 12. BUREAU OF RECLAMATION AUTHORIZATION. (a) Authorization.--The Secretary is authorized to allow the Bureau of Reclamation to provide construction oversight to the water supply system for those areas of the water supply system that are described in section 4(b). (b) Project Oversight Administration.--The amount of funds used by the Bureau of Reclamation for planning and construction of the water supply system may not exceed an amount equal to 3 percent of the amount provided in the total project construction budget for the portion of the project to be constructed in Perkins County, South Dakota. SEC. 13. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $15,000,000 for the planning and construction of the water system under section 4, plus such sums as are necessary to defray increases in development costs reflected in appropriate engineering cost indices after May 1, 1994.

Perkins County Rural Water System Act of 1996 - Authorizes the Secretary of the Interior to make grants for the planning and construction of the Perkins County Rural Water System, Inc. Prohibits the obligation of System construction funds until: (1) Federal environmental compliance requirements have been met; (2) a final System engineering report has been prepared and submitted to the Congress for at least a 90-day period; and (3) a water conservation program has been developed and implemented. Requires the water conservation program to be designed to ensure that System water users will use the best practicable technology and management techniques to conserve water use. Requires the mitigation of fish and wildlife losses during System construction and operation. Directs the Western Area Power Administration to make available, from power produced under the Pick-Sloan Missouri River Basin Program, the capacity and energy required to meet the pumping and incidental operational requirements of the System from May 1 to October 31 of each year. Provides power use conditions. States that this Act does not limit: (1) the authorization for water projects in North and South Dakota under any law; or (2) current water rights. Provides the Federal share (75 percent) of System costs. Authorizes the Secretary to allow the Bureau of Reclamation to provide construction oversight to a specified service area within the System, limiting oversight costs. Authorizes appropriations.

Perkins County Rural Water System Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prioritizing Reinvestment in Infrastructure and Military while Eliminating Debt Act of 2015'' or the ``PRIMED Act''. SEC. 2. DIVIDENDS RECEIVED DEDUCTION FOR REPATRIATED FOREIGN EARNINGS. (a) Period for Repatriation.--Paragraph (1) of section 965(a) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``Only cash dividends received during the period beginning after the date of the enactment of the Prioritizing Reinvestment in Infrastructure and Military while Eliminating Debt Act of 2015, and ending on December 31, 2016, shall be taken into account under subsection (a).''. (b) Extension.--Subsection (f) of section 965 of such Code is amended to read as follows: ``(f) Election.--The taxpayer may elect to apply this section to any taxable year that includes the period described in subsection (a)(1). Such election may be made only for one taxable year that includes such period and only if made on or before the due date (including extensions) for filing the return of tax for such taxable year.''. (c) Conforming Amendments.-- (1) Threshold period.--Section 965 of such Code is amended by striking ``June 30, 2003'' each place it occurs and inserting ``June 30, 2014''. (2) Indebtedness determination date.--Subparagraph (B) of section 965(b)(3) of such Code is amended by striking ``October 3, 2004'' and inserting ``May 1, 2015''. (d) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. SEC. 3. DEBT REDUCTION. (a) In General.--In the case of any taxes which-- (1) are received in the Treasury during a fiscal year for which there is not Federal budget deficit, and (2) are attributable to eligible 965 dividends received by corporations which are United States shareholders, an amount equal to \1/3\ of such taxes, reduced by \1/3\ of the amount of the foreign tax credit allowed under section 901 which is attributable to the non-deductible portion of such eligible 965 dividends, shall be used to reduce the Federal debt (in such manner as the Secretary of the Treasury considers appropriate). (b) Definitions.--For purposes of subsection (a), the terms ``eligible 965 dividend'' and ``non-deductible portion'' shall have the respective meanings given such terms in section 9503(b)(7) of the Internal Revenue Code of 1986. SEC. 4. HIGHWAY TRUST FUND. Section 9503(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(7) Other transfers to highway trust fund.-- ``(A) In general.--There are hereby appropriated to the Highway Trust Fund amounts equivalent to the excess of-- ``(i) \1/3\ of the taxes received in the Treasury which are attributable to eligible 965 dividends received by corporations which are United States shareholders, over ``(ii) \1/3\ of the amount of the foreign tax credit allowed under section 901 which is attributable to the non-deductible portion of such eligible 965 dividends. ``(B) Definitions.--For purposes of this subsection-- ``(i) Eligible 965 dividend.--The term `eligible 965 dividend' means any amount received from a controlled foreign corporation for which a deduction is allowed under section 965, as determined based on estimates made by the Secretary. ``(ii) Non-deductible portion.--The term `non-deductible portion' means the excess of the amount of any eligible 965 dividend over the deductible portion (as defined in section 965(d)(3)) of such amount.''. SEC. 5. ADJUSTMENT TO DEFENSE DISCRETIONARY SPENDING LIMITATIONS. (a) In General.--On the date that is 30 days after the date of enactment of this Act, and on February 1 of each of calendar years 2016 through 2020, the revised security category in section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 for fiscal year 2016 and the fiscal year beginning on September 1st of such applicable calendar year, respectively, shall be adjusted by the amount described in subsection (b). (b) Adjustment Amount.--The adjustment provided in subsection (a) is equal to-- (1) \1/3\ of the taxes received in the Treasury during the most recently ended calendar year which are attributable to eligible 965 dividends received by corporations which are United States shareholders, over (2) \1/3\ of the amount of the foreign tax credit allowed during the most recently ended calendar year under section 901 which is attributable to the non-deductible portion of such eligible 965 dividends. (b) Definitions.--For purposes of subsection (b), the terms ``eligible 965 dividend'' and ``non-deductible portion'' shall have the respective meanings given such terms in section 9503(b)(7) of the Internal Revenue Code of 1986.

Prioritizing Reinvestment in Infrastructure and Military while Eliminating Debt Act of 2015 or the PRIMED Act This bill amends the Internal Revenue Code to allow corporate taxpayers to elect a tax deduction for cash dividends received from a controlled foreign corporation during the period beginning after the bill's enactment date and ending on December 31, 2016. The dividends received are subject to an effective tax rate of 5.25% when repatriated in the United States. The bill divides tax revenues attributable to such repatriated earnings equally for: (1) federal debt reduction, (2) transfers to the Highway Trust Fund, and (3) adjustments to limitations on defense discretionary spending.

PRIMED Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Minnesota Chippewa Tribe Judgment Fund Distribution Act of 2012''. SEC. 2. FINDINGS. Congress finds the following: (1) On January 22, 1948, the Minnesota Chippewa Tribe, representing all Chippewa bands in Minnesota except the Red Lake Band, filed a claim before the Indian Claims Commission in Docket No. 19 for an accounting of all funds received and expended pursuant to the Act of January 14, 1889, 25 Stat. 642, and amendatory acts (hereinafter referred to as the Nelson Act). (2) On August 2, 1951, the Minnesota Chippewa Tribe, representing all Chippewa bands in Minnesota except the Red Lake Band, filed a number of claims before the Indian Claims Commission in Docket No. 188 for an accounting of the Government's obligation to each of the member bands of the Minnesota Chippewa Tribe under various statutes and treaties that are not covered by the Nelson Act of January 14, 1889. (3) On May 17, 1999, a Joint Motion for Findings in Aid of Settlement of the claims in Docket No. 19 and 188 was filed before the Court. (4) The terms of the settlement were approved by the Court and the final judgment was entered on May 26, 1999. (5) On June 22, 1999, $20,000,000 was transferred to the Department of the Interior and deposited into a trust fund account established for the beneficiaries of the funds awarded in Docket No. 19 and 188. (6) Pursuant to the Indian Tribal Judgment Funds Use or Distribution Act (25 U.S.C. 1401 et seq.), Congress must act to authorize the use or distribution of the judgment funds. (7) On October 1, 2009, the Minnesota Chippewa Tribal Executive Committee passed Resolution 146-09, approving a plan to distribute the judgment funds and requesting that the United States Congress act to distribute the judgment funds in the manner described by the plan. SEC. 3. DEFINITIONS. For the purpose of this Act: (1) Available funds.--The term ``available funds'' means the funds awarded to the Minnesota Chippewa Tribe and interest earned and received on those funds, less the funds used for payments authorized under section 4. (2) Bands.--The term ``Bands'' means the Bois Forte Band, Fond du Lac Band, Grand Portage Band, Leech Lake Band, Mille Lacs Band, and White Earth Band. (3) Judgment funds.--The term ``judgment funds'' means the funds awarded on May 26, 1999, to the Minnesota Chippewa Tribe by the Court of Federal Claims in Docket No. 19 and 188. (4) Minnesota chippewa tribe.--The term ``Minnesota Chippewa Tribe'' means the Minnesota Chippewa Tribe, Minnesota, composed of the Bois Forte Band, Fond du Lac Band, Grand Portage Band, Leech Lake Band, Mille Lacs Band, and White Earth Band. It does not include Red Lake Band of Chippewa Indians, Minnesota. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. LOAN REIMBURSEMENTS TO MINNESOTA CHIPPEWA TRIBE. (a) In General.--The Secretary is authorized to reimburse the Minnesota Chippewa Tribe the amount of funds, plus interest earned to the date of reimbursement, that the Minnesota Chippewa Tribe contributed for payment of attorneys' fees and litigation expenses associated with the litigation of Docket No. 19 and 188 before the U.S. Court of Federal Claims and the distribution of judgment funds. (b) Claims.--The Minnesota Chippewa Tribe's claim for reimbursement of funds expended shall be-- (1) presented to the Secretary not later than 90 days after the date of enactment of this Act; (2) certified by the Minnesota Chippewa Tribe as being unreimbursed to the Minnesota Chippewa Tribe from other funding sources; (3) paid with interest calculated at the rate of 6.0 percent per annum, simple interest, from the date the funds were expended to the date the funds are reimbursed to the Minnesota Chippewa Tribe; and (4) paid from the judgment funds prior to the division of the funds under section 5. SEC. 5. DIVISION OF JUDGMENT FUNDS. (a) Membership Rolls.--Not later than 90 days after the date of the enactment of this Act, the Minnesota Chippewa Tribe shall submit to the Secretary updated membership rolls for each Band, which shall include all enrolled members the date of the enactment of this Act. (b) Divisions.--After all funds have been reimbursed under section 4, and the membership rolls have been updated under subsection (a), the Secretary shall-- (1) set aside for each Band a portion of the available judgment funds equivalent to $300 for each member enrolled within each Band; and (2) after the funds are set aside in accordance with paragraph (1), divide 100 percent of the remaining funds into equal shares for each Band. (c) Separate Accounts.--The Secretary shall-- (1) deposit all funds described in subsection (b)(1) into a ``Per Capita'' account for each Band; and (2) deposit all funds described in subsection (b)(2) into an ``Equal Shares'' account for each Band. (d) Withdrawal of Funds.--After the Secretary deposits the available funds into the accounts described in subsection (c), a Band may withdraw all or part of the monies in its account. (e) Disbursement of Per Capita Payments.--All funds described in subsection (b)(1) shall be used by each Band only for the purposes of distributing one $300 payment to each individual member of the Band. Each Band may-- (1) distribute the $300 payment to the parents or legal guardians on behalf of each dependent Band member instead of distributing such $300 payment to the dependent Band member; or (2) deposit into a trust account the $300 payment to each dependent Band member for the benefit of such dependent Band member, to be distributed under the terms of such trust. (f) Distribution of Unclaimed Payments.--One year after the funds described in subsection (b)(1) are made available to the Bands, all unclaimed payments described in subsection (e) shall be returned to the Secretary, who shall divide these funds into equal shares for each Band, and deposit the divided shares into the accounts described in subsection (c)(2) for the use of each Band. (g) Liability.--If a Band exercises the right to withdraw monies from its accounts, the Secretary shall not retain liability for the expenditure or investment of the monies after each withdrawal. SEC. 6. GENERAL PROVISIONS. (a) Previous Obligations.--Funds disbursed under this Act shall not be liable for the payment of previously contracted obligations of any recipient as provided in Public Law 98-64 (25 U.S.C. 117b(a)). (b) Indian Judgment Funds Distribution Act.--All funds distributed under this Act are subject to the provisions in the Indian Judgment Funds Distribution Act (25 U.S.C. 1407). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Minnesota Chippewa Tribe Judgment Fund Distribution Act of 2012 - (Sec. 4) Authorizes the Secretary of the Interior to reimburse the Minnesota Chippewa Tribe for the amount, plus interest, that the Tribe contributed for the payment of attorneys' fees and litigation expenses associated with the litigation of Docket No. 19 and No. 188 before the U.S. Court of Federal Claims and the distribution of judgment funds. Requires the Tribe's claim for reimbursement of expended funds to be certified by the Tribe as being unreimbursed to it from other funding sources. Requires payment of interest on such funds at the rate of 6% per year from the date such funds were expended until they are reimbursed to the Tribe. Requires use of the judgment funds to reimburse the Tribe for those attorneys' fees and litigation expenses. (Sec. 5) Requires the Tribe to provide the Secretary with updated membership rolls for the Boise Forte Band, Fond du Lac Band, Grand Portage Band, Leech Lake Band, Mille Lacs Band, and White Earth Band of the Tribe. Directs the Secretary to: (1) distribute to each Band, from the remaining judgment funds, an amount sufficient to enable each Band to pay $300 to each Band member; and (2) divide the funds that remain after that distribution, as well as unclaimed payments, into equal shares for each Band. (Sec. 6) Prohibits funds disbursed under this Act from being liable for the payment of a recipient's previously contracted obligations.

To provide for the use and distribution of the funds awarded to the Minnesota Chippewa Tribe, et al, by the United States Court of Federal Claims in Docket Numbers 19 and 188, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Training for Future Jobs Act of 1993''. SEC. 2. FINDINGS. The Congress finds the following: (1) Local nonprofit organizations are effective providers of job training for adults and out-of-school youth. (2) Twelve Federal departments and independent agencies administer over 100 Federal programs that provide over $10,000,000,000 for job training for adults and out-of-school youth. (3) These multiple programs and multiple agencies-- (A) create confusion on the part of local service providers and individuals seeking assistance; and (B) lead to waste and inefficiency in Federal programs. SEC. 3. PURPOSE. The purpose of this Act is to establish a 5-year demonstration of the economy and efficiency of centralizing Federal job training programs. SEC. 4. JOB TRAINING COUNCIL. (a) Composition.--There is established the Job Training Council, which shall be comprised of-- (1) the Director of the Office of Management and Budget, (2) the Secretary of Agriculture, (3) the Secretary of Commerce, (4) the Secretary of Defense, (5) the Secretary of Education, (6) the Secretary of Health and Human Services, and (7) the Secretary of Labor. (b) Chairperson.--The Director of the Office of Management and Budget shall be the Chairperson of the Council. SEC. 5. GRANTS. (a) General Authority.--The Council, subject to the availability of appropriations, may make grants to-- (1) nonprofit organizations for the retraining of dislocated workers; and (2) nonprofit educational telecommunications organizations to pay the Federal share of the costs of the development, production, and distribution of instructional telecommunications materials and services for use in local vocational and technical educational schools and colleges. Such organizations referred to in paragraph (1) may provide for the recruitment of unemployed workers, vocational evaluation, assessment and counseling services, vocational and technical training, support services, and job placement assistance. The design and operation of each organization referred to in paragraph (1) shall provide for the utilization of appropriate existing Federal, State, and local programs. (b) Use of Funds.--Grants awarded pursuant to this Act may be used to provide-- (1) a sequential course of study that includes either preproduced video courseware or direct interactive teaching delivered via satellite, accompanied by a variety of print and computer-based instructional materials; (2) the development of individual videocassettes or a series of videocassettes that supplement instruction, which shall be distributed both via broadcast and nonbroadcast means; (3) videodiscs that produce simulated hands-on training; (4) teacher training programs for vocational educators and administrators and correctional educators; and (5) high technology manufacturing equipment and the installation of such equipment in a nonprofit organization for the purpose of training machine tool operators in skills critical to building, operating, and maintaining such equipment. (c) Priority of Persons Served.--In awarding grants under this Act, the Council shall give priority to programs or projects which serve-- (1) students in area vocational and technical schools; (2) teachers, administrators, and counselors in need of training or retraining; (3) out-of-school adults in need of basic skills improvement or a high school equivalency diploma to improve the employability of such individuals; (4) college students, particularly college students who are working toward a 2-year associate degree from a technical or community college; (5) civilian workers in need of basic skills, vocational instruction, or career counseling to retain employment; and (6) civilian workers or military personnel who need to improve their skills to obtain jobs in high-growth industries. (d) Priority of Geographic Areas.--In awarding grants under this Act, the Council shall give priority to areas of the country with high rates of labor unemployment. (e) Federal Share.-- (1) The Federal share of the cost of each project assisted under this Act shall be 50 percent. (2) The non-Federal share of the cost of each project assisted under this Act shall be provided from non-Federal sources. SEC. 6. WAIVER OF REQUIREMENT. The Council may waive for a nonprofit organization those requirements of different existing Federal job training assistance programs for adults and out-of-school youth that are inconsistent, if-- (1) such a waiver is likely to make the organization's job training program more efficient; and (2) the chief executive of the local government of the area in which the organization is located certifies that the organization's job training program is part of an economic development plan adopted by the local government. SEC. 7. DISSEMINATION OF INFORMATION. The Council shall disseminate information on successful retraining models developed by any recipient of a grant under this Act. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated $1,000,000,000 for grants by the Council for each of the fiscal years 1994, 1995, 1996, 1997, and 1998. SEC. 9. TERMINATION AND REPEAL; EVALUATION. (a) Termination and Repeal.--This Act shall not be effective after, and is repealed on, the date that is 5 years after the date of its enactment. (b) Evaluation.--The Comptroller General of the United States shall submit to the Congress, by no later than 4 years after the date of the enactment of this Act, a report describing the extent to which grants under this Act have served to train people for jobs, including recommendations with respect to extending the effectiveness of this Act. SEC. 10. REGULATIONS. The Council shall issue regulations to implement this Act within 180 days after the date of its enactment. SEC. 11. DEFINITIONS. In this Act-- (1) the term ``Council'' means the Job Training Council established in section 4; (2) the term ``local government'' means any subdivision of a State that is a unit of general local government (as that term is defined in section 6501 of title 31, United States Code); and (3) the term ``nonprofit organization'' means any organization that is owned and operated by 1 or more corporations or associations whose net earnings do not benefit, and cannot lawfully benefit, any private shareholder or entity.

Training for Future Jobs Act of 1993 - Establishes a five-year demonstration of centralizing Federal job training programs. Establishes the Job Training Council, composed of the Secretaries of Agriculture, Commerce, Defense, Education, Health and Human Services, and Labor, and the Director of the Office of Management and the Budget as Chairperson. Authorizes the Council to make matching grants to: (1) nonprofit organizations for retraining dislocated workers; and (2) nonprofit educational telecommunications organizations for developing, producing, and distributing instructional telecommunications materials and services for local vocational and technical educational schools and colleges. Sets forth priorities for persons to be served and for areas of high labor unemployment rates. Authorizes the Council to waive for a nonprofit organization inconsistent requirements of different Federal job training assistance programs for adults and out-of-school youth under specified conditions, including local government certification. Directs the Council to disseminate information on successful retraining models developed by any grant recipient under this Act. Authorizes appropriations.

Training for Future Jobs Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Muscle Shoals National Heritage Area Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Muscle Shoals area in Northwest Alabama is a region rich in natural and cultural history. (2) The Muscle Shoals area is defined by its distinctive geography, especially the Wilson Dam, a National Historic Landmark. (3) The Muscle Shoals National Heritage Area feasibility study includes the counties of Colbert, Franklin, Lauderdale, Lawrence, Limestone, and Morgan, in Northwest Alabama. (4) Muscle Shoals is the birthplace of the Tennessee Valley Authority, notable for power generation and the creation of recreational lakes. (5) The Tennessee River at Muscle Shoals is important in having shaped western expansion and cultural development of the United States. (6) The Muscle Shoals area drew the remarkable military and entrepreneurial service of the General Wheeler family. (7) The Muscle Shoals area was the birthplace of Helen Keller, a celebrated symbol of inspiration for persons overcoming disabilities. (8) The Muscle Shoals area was the home of William Christopher ``W.C.'' Handy, the first musician to identify, arrange, publish, and popularize the ``blues'' musical genre. (9) The world-renowned ``Muscle Shoals sound'' left an indelible impression on the development of music in the United States. SEC. 3. DEFINITIONS. In this Act: (1) Heritage area.--The term ``Heritage Area'' means the Muscle Shoals National Heritage Area, established in section 4. (2) Local coordinating entity.--The term ``local coordinating entity'' means the local coordinating entity for the Heritage Area designated by section 4(d). (3) Management plan.--The term ``management plan'' means the management plan for the Heritage Area specified in section 5. (4) Map.--The term ``map'' means the map titled ``Boundary Map Muscle Shoals National Heritage Area-Alternative ____'', numbered ___, and dated_____. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (6) State.--The term ``State'' means the State of Alabama. SEC. 4. MUSCLE SHOALS NATIONAL HERITAGE AREA. (a) Establishment.--There is established the Muscle Shoals National Heritage Area. (b) Boundaries.--The National Heritage Area shall be comprised of-- (1) the counties of Colbert, Franklin, Lauderdale, Lawrence, Limestone, and Morgan; (2) the Wilson Dam; (3) the Handy Home; and (4) the Helen Keller birthplace. (c) Availability of Map.--The map shall be on file and available for public inspection in the appropriate offices of the National Park Service, Department of the Interior. (d) Local Coordinating Entity.--The Muscle Shoals Regional Center shall be the local coordinating entity for the Heritage Area. SEC. 5. LOCAL COORDINATING ENTITY. (a) In General.--The local coordinating entity shall be governed by a board of directors composed of at least 6 members, one resident from each of Colbert, Lauderdale, Franklin, Lawrence, Morgan, and Limestone counties, Alabama, the counties included in the Muscle Shoals National Heritage. (b) Duties.--To further the purposes of the Heritage Area, the local coordinating entity shall-- (1) prepare and submit a management plan for the Heritage Area to the Secretary in accordance with section 6; (2) assist units of local government, regional planning organizations, and nonprofit organizations in implementing the approved management plan by-- (A) carrying out programs and projects that recognize, protect, and enhance important resource values within the Heritage Area; (B) establishing and maintaining interpretive exhibits and programs within the Heritage Area; (C) developing recreational and educational opportunities in the Heritage Area; (D) increasing public awareness of and appreciation for natural, historical, scenic, and cultural resources of the Heritage Area; (E) protecting and restoring historic sites and buildings in the Heritage Area that are consistent with heritage area themes; (F) ensuring that clear, consistent, and appropriate signs identifying points of public access and sites of interest are posted throughout the Heritage Area; and (G) promoting a wide range of partnerships among governments, organizations, and individuals to further the purposes of the Heritage Area; (3) consider the interests of diverse units of government, businesses, organizations, and individuals in the Heritage Area in the preparation and implementation of the management plan; (4) conduct meetings open to the public at least semi- annually regarding the development and implementation of the management plan; (5) submit an annual report to the secretary for any fiscal year in which the local coordinating entity receives Federal funds under this Act specifying-- (A) the specific performance goals and accomplishments of the local coordinating entity; (B) the expenses and income of the local coordinating entity; (C) the amounts and sources of matching funds; (D) the amounts leveraged with Federal funds and sources of the leveraging; and (E) grants made to any other entities during the fiscal year; (6) make available for audit for any fiscal year in which it receives Federal funds under this Act, all information pertaining to the expenditure of such funds and any matching funds, and require in all agreements authorizing expenditures of Federal funds by other organizations, that the receiving organizations make available for such audit all records and other information pertaining to the expenditure of such funds; and (7) encourage by appropriate means economic viability that is consistent with the purposes of the Heritage Area. (c) Authorities.--The local coordinating entity may, for the purposes of preparing and implementing the management plan for the Heritage Area, use Federal funds made available through this Act to-- (1) make grants to the State of Alabama, its political subdivisions, nonprofit organizations, and other persons; (2) enter into cooperative agreements with or provide technical assistance to the State of Alabama, its political jurisdictions, nonprofit organizations, Federal agencies, and other interested parties; (3) hire and compensate staff, which shall include individuals with expertise in natural, cultural, and historical resources protection, economic and community development, and heritage planning; (4) obtain funds or services from any source including any that are provided under any other Federal law or program; (5) contract for goods or services; and (6) support activities of partners and any other activities that further the purposes of the Heritage Area and that are consistent with the approved management plan. (d) Prohibitions on the Acquisition of Real Property.--The local coordinating entity may not use Federal funds received under this Act to acquire real property, but may use any other source of funding, including other Federal funding outside this authority, intended for the acquisition of real property. SEC. 6. MANAGEMENT PLAN. (a) In General.--The management plan for the Heritage Area shall-- (1) include comprehensive policies, strategies, and recommendations for conservation, funding, management, and development of the Heritage Area; (2) take into consideration existing State, county, and local plans in the development of the management plan and its implementation; (3) include a description of actions that governments, private organizations, and individuals have agreed to take to protect the natural, historical, and cultural resources of the Heritage Area; (4) specify the existing and potential sources of funding or economic development strategies to protect, manage, and develop the Heritage Area; (5) include an inventory of the natural, historical, cultural, educational, scenic, and recreational resources of the Heritage Area related to the themes of the Heritage Area that should be preserved, restored, managed, developed, or maintained; (6) recommend policies and strategies for resource management that consider and detail the application of appropriate land and water management techniques including, but not limited to, the development of intergovernmental and interagency cooperative agreements to protect the Heritage Area's natural, historical, cultural, educational, scenic, and recreational resources; (7) describe a program of implementation for the management plan, including performance goals, plans for resource protection, restoration, interpretation, enhancement, management, and development, and specific commitments for implementation that have been made by the local coordinating entity or any government, organization, or individual; (8) include an analysis and recommendations for ways in which local, State, and Federal programs, including the role of the National Park Service in the Heritage Area, may best be coordinated to further the purposes of this Act; (9) include an interpretive plan for the Heritage Area; and (10) include a business plan that-- (A) describes the role, operation, financing, and functions of the local coordinating entity and of each of the major activities contained in the management plan; and (B) provides adequate assurances that the local coordinating entity has the partnerships and financial and other resources necessary to implement the management plan for the Heritage Area. (b) Deadline and Termination of Funding.-- (1) Deadline.--The local coordinating entity shall submit the management plan to the Secretary for approval within 3 years after funds are made available for this Act. (2) Termination of funding.--If the management plan is not submitted to the Secretary in accordance with this subsection, the local coordinating entity shall not qualify for Federal funding under this Act until such time as the management plan is submitted to and approved by the Secretary. SEC. 7. DUTIES AND AUTHORITIES OF THE SECRETARY. (a) Technical and Financial Assistance.-- (1) In general.--The Secretary may, upon the request of the local coordinating entity, provide technical and financial assistance on a reimbursable or non-reimbursable basis (as determined by the Secretary) to the Heritage Area to develop and implement the approved management plan. The Secretary is authorized to enter into cooperative agreements with the local coordinating entity and other public or private entities for this purpose. (2) Priority actions.--In assisting the Heritage Area, the Secretary shall give priority to actions that in general assist in-- (A) conserving the significant natural, historical, cultural, and scenic resources of the Heritage Area; and (B) providing educational, interpretive, and recreational opportunities consistent with the purposes of the Heritage Area. (b) Approval and Disapproval of Management Plan.-- (1) In general.--The Secretary shall approve or disapprove the management plan not later than 180 days after receiving the management plan. (2) Criteria for approval.--In determining the approval of the management plan, the Secretary shall consider whether-- (A) the local coordinating entity is representative of the diverse interests of the Heritage Area, including governments, natural and historic resource protection organizations, educational institutions, businesses, and recreational organizations; (B) the local coordinating entity has afforded adequate opportunity for public and governmental involvement, including public hearings, in the preparation of the management plan; (C) the resource protection and interpretation strategies contained in the management plan, if implemented, would adequately protect the natural, historical, and cultural resources of the Heritage Area; (D) the Secretary has received adequate assurances from the appropriate State and local officials whose support is needed to ensure the effective implementation of the State and local aspects of the management plan; and (E) the local coordinating entity has demonstrated the financial capability, in partnership with others, to carry out the plan. (3) Action following disapproval.--If the Secretary disapproves the management plan, the Secretary shall advise the local coordinating entity in writing of the reasons therefore and shall make recommendations for revisions to the management plan. The Secretary shall approve or disapprove a proposed revision within 180 days after the date it is submitted. (4) Approval of amendments.--Substantial amendments to the management plan shall be reviewed by the Secretary and approved in the same manner as provided for the original management plan. The local coordinating entity shall not use Federal funds authorized by this Act to implement any amendments until the Secretary has approved the amendments. SEC. 8. RELATIONSHIP TO OTHER FEDERAL AGENCIES. (a) In General.--This Act shall not affect the authority of any Federal official to provide technical or financial assistance under any other law. (b) Consultation and Coordination.--The head of any Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the local coordinating entity to the extent practicable. (c) Other Federal Agencies.--Nothing in this Act-- (1) modifies, alters, or amends any law or regulation authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency; (2) limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the Heritage Area; or (3) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency. SEC. 9. PROPERTY OWNERS AND REGULATORY PROTECTIONS. Nothing in this Act shall be construed to-- (1) abridge the rights of any property owner, whether public or private, including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area; (2) require any property owner to permit public access (including Federal, Tribal, State, or local government access) to such property or to modify provisions of Federal, Tribal, State, or local law with regard to public access or use of private lands; (3) alters any duly adopted land use regulations or approved land use plan or any other regulatory authority of any Federal, State, or local agency, or Tribal government or to convey any land-use or other regulatory authority to any local coordinating entity; (4) authorizes or imply the reservation or appropriation of water or water rights; (5) diminish the authority of the State to manage fish and wildlife including the regulation of fishing and hunting within the Heritage Area; or (6) creates any liability, or affects any liability under any other law, of any private property owner with respect to any persons injured on such private property. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated for the purposes of this Act $10,000,000, of which not more than $1,000,000 shall be made available for any fiscal year. (b) Matching Funds.--Federal funding provided under this Act may not exceed 50 percent of the total cost of any assistance or grant provided or authorized under this Act. (c) Administrative Costs.--The local coordinating entity may not expend more than 15 percent of funds made available under this Act for administrative costs. SEC. 11. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY. (a) Notification and Consent of Property Owners Required.--No privately owned property shall be preserved, conserved, or promoted by the management plan for the Heritage Area until the owner of that private property has been notified in writing by the management entity and has given written consent to the management entity for such preservation, conservation, or promotion. (b) Landowner Withdraw.--Any owner of private property included within the boundary of the Heritage Area shall have that private property immediately removed from the boundary by submitting a written request to the management entity. SEC. 12. SUNSET. The authority of the Secretary to provide financial assistance under this Act shall terminate on the day occurring 15 years after the date of the enactment of this Act.

Muscle Shoals National Heritage Area Act - Establishes the Muscle Shoals National Heritage Area in Alabama. Designates the Muscle Shoals Regional Center as the local coordinating entity for the Area. Requires the Muscle Shoals Regional Center to prepare and submit a management plan for the Area. Prohibits the Muscle Shoals Regional Center from using federal funds received under this Act to acquire real property.

To establish the Muscle Shoals National Heritage Area in the State of Alabama, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Critical Care Assessment and Improvement Act of 2013''. SEC. 2. FINDINGS; PURPOSES. (a) Findings.--Congress finds the following: (1) Critical care medicine is the care for patients whose illnesses or injuries present a significant danger to life, limb, or organ function and require comprehensive care and constant monitoring, usually in intensive care units (ICUs). (2) Each year, approximately five million Americans are admitted into adult medical, surgical, pediatric, or neonatal ICUs. (3) Critical care medicine encompasses a wide array of diseases and health issues. The care provided in the ICU is highly specialized and complex due to the extreme severity of illness of its patient population, often involving multiple disease processes in different organ systems at the same time. (4) Critical care medicine consumes a significant amount of financial resources, accounting for more than 17 percent of all hospital costs. (5) According to a recent study published in the Journal of Critical Care Medicine, despite the fact that cancer care and critical care place similar economic burdens on society, proportionally 3.1 to 11.4 times more research money was spent on cancer care research than critical care research. (6) According to a 2006 report by the Health Resources and Services Administration (``HRSA''), demand in the United States for critical care medical services is on the rise, due in part to the growing elderly population, as individuals over the age of 65 consume a large percentage of critical care services. (7) The HRSA report also found that the growing aging population will further exacerbate an existing shortage of intensivists, the physicians certified in critical care who primarily deliver care in intensive care units, potentially compromising the quality and availability of care. Today, intensivist-led teams treat only one-third of critically ill patients despite substantial evidence that these teams lead to improved outcomes. (8) Ensuring the strength of our critical care medical delivery infrastructure is integral to the improvement of the quality and delivery of health care in the United States. (b) Purpose.--The purpose of this Act is to assess the current state of the United States critical care medical delivery system and implement policies to improve the quality and effectiveness of care delivered to the critically ill and injured. SEC. 3. STUDIES ON CRITICAL CARE. (a) Institute of Medicine Study.-- (1) In general.--The Secretary of Health and Human Services (in this Act referred to as the ``Secretary'') shall enter into an agreement with the Institute of Medicine under which, not later than 1 year after the date of the enactment of this Act, the Institute will-- (A) conduct an analysis of the current state of critical care health services in the United States; (B) develop recommendations to bolster critical care capabilities to meet future demand; and (C) submit to Congress a report including the analysis and recommendations under subparagraphs (A) and (B). (2) Issues to be studied.--The agreement under paragraph (1) shall, at a minimum, provide for the following: (A) Analysis of the current critical care system in the United States, including-- (i) the system's capacity and resources, including the size of the critical care workforce and the availability of health information technology and medical equipment; (ii) the system's strengths, limitations, and future challenges; and (iii) the system's ability to provide adequate care for the critically ill or injured in response to a national health emergency, including a pandemic or natural disaster. (B) Analysis and recommendations regarding regionalizing critical care systems. (C) Analysis regarding the status of critical care research in the United States and recommendations for future research priorities. (b) Health Resources and Services Administration Study.-- (1) In general.--The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall review and update the Administration's 2006 study entitled ``The Critical Care Workforce: A Study of the Supply and Demand for Critical Care Physicians''. (2) Scope.--In carrying out paragraph (1), the Secretary shall expand the scope of the study to address the supply and demand of other providers within the spectrum of critical care delivery, including critical care nurses, mid-level providers (such as physician assistants and nurse practitioners), intensive care unit pharmacists, and intensive care unit respiratory care practitioners. SEC. 4. NIH CRITICAL CARE COORDINATING COUNCIL. (a) Establishment.--The Secretary, acting through the Director of the National Institutes of Health, shall establish a council within the Institutes to be known as the Critical Care Coordinating Council (in this section referred to as the ``Council''). (b) Membership.--The Secretary shall ensure that the membership of the Council includes representatives of each of-- (1) the National Heart, Lung, and Blood Institute; (2) the National Institute of Nursing Research; (3) the Eunice Kennedy Shriver National Institute of Child Health and Human Development; (4) the National Institute of General Medical Sciences; (5) the National Institute on Aging; and (6) any other national research institute or national center of the National Institutes of Health that the Secretary deems appropriate. (c) Duties.--The Council shall-- (1) serve as the focal point and catalyst across the National Institutes of Health for advancing research and research training in the critical care setting; (2) coordinate funding opportunities that involve multiple national research institutes or national centers of the National Institutes of Health; (3) catalyze the development of new funding opportunities; (4) inform investigators about funding opportunities in their areas of interest; (5) represent the National Institutes of Health in Government-wide efforts to improve the Nation's critical care system; (6) coordinate the collection and analysis of information on current research of the National Institutes of Health relating to the care of the critically ill and injured and identify gaps in such research; (7) provide an annual report to the Director on the National Institutes of Health regarding research efforts of the Institutes relating to the care of the critically ill and injured; and (8) make recommendations in each such report on how to strengthen partnerships within the National Institutes of Health and between the Institutes and public and private entities to expand collaborative, cross-cutting research. SEC. 5. CENTERS FOR MEDICARE AND MEDICAID INNOVATION CRITICAL CARE DEMONSTRATION PROJECT. (a) In General.--Not later than one year after the date of the enactment of this Act, the Secretary, acting through the Center for Medicare and Medicaid Innovation created under section 1115A of the Social Security Act (42 U.S.C. 1315a), shall carry out a demonstration project designed to improve the quality and efficiency of care provided to critically ill and injured patients receiving critical care in intensive care units or other areas of acute care hospitals. (b) Activities Under Demonstration Project.--The activities conducted under the demonstration project under subsection (a) may, in addition to any other activity specified by the Center for Medicare and Medicaid Innovation, include activities that seek to-- (1) improve the coordination and transitions of care to and from an intensive care unit and the next point of care; (2) incorporate value-based purchasing methodologies; or novel informatics, monitoring or other methodologies to eliminate error, improve outcomes, and reduce waste from the delivery of critical care; (3) improve prediction models that help health care providers and hospitals identify patients at high risk for requiring critical care services and streamline care delivery to prevent unexpected hospital readmissions for critical illnesses; and (4) utilize bundled payment approaches and incentive care redesign, such as efforts to facilitate and support comprehensive team delivered care.

Critical Care Assessment and Improvement Act of 2013 - Requires studies on critical care health services in the United States by the Institute of Medicine and the Health Resources and Services Administration of the Department of Health and Human Services (HHS).  Directs the HHS Secretary, acting through the Director of the National Institutes of Health (NIH), to establish the Critical Care Coordinating Council to coordinate the collection and analysis of information on current NIH research relating to the care of the critically ill and injured, identify gaps in such research, and make recommendations to the Director of NIH on how to improve such research. Directs the Secretary, acting through the Center for Medicare and Medicaid Innovation, to carry out a demonstration project to improve the quality and efficiency of care provided to critically ill and injured patients receiving care in acute care hospitals.

Critical Care Assessment and Improvement Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Loan Employment Benefits Act of 2012''. SEC. 2. STUDENT LOAN PAYMENT ASSISTANCE PROGRAMS. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 127 the following new section: ``SEC. 127A. STUDENT LOAN PAYMENT ASSISTANCE PROGRAMS. ``(a) In General.--Gross income of an employee does not include amounts paid or incurred by the employer for student loan payment assistance provided to such employee if the assistance is furnished pursuant to a program which is described in subsection (d). ``(b) Limitation.--The amount taken into account under paragraph (1) with respect to an individual for student loan assistance with respect to student loan payments during a taxable year shall not exceed $5,000. ``(c) Earned Income Limitation.--The amount excluded from the income of an employee under subsection (a) for any taxable year shall not exceed the earned income of such employee for such taxable year. ``(d) Student Loan Payment Assistance Program.-- ``(1) In general.--For purposes of this section a student loan payment assistance program is a separate written plan of an employer for the exclusive benefit of his employees to provide such employees with student loan payment assistance which meets the requirements of paragraphs (2) through (9) of this subsection. If any plan would qualify as a student loan payment assistance program but for a failure to meet the requirements of this subsection, then, notwithstanding such failure, such plan shall be treated as a student loan payment assistance program in the case of employees who are not highly compensated employees. ``(2) Discrimination.--The contributions or benefits provided under the plan shall not discriminate in favor of employees who are highly compensated employees (within the meaning of section 414(q)). ``(3) Eligibility.--The program shall benefit employees who qualify under a classification set up by the employer and found by the Secretary not to be discriminatory in favor of employees described in paragraph (2). ``(4) Principal shareholders or owners.--Not more than 25 percent of the amounts paid or incurred by the employer for student loan payment assistance during the year may be provided for the class of individuals who are shareholders or owners (or their spouses or dependents), each of whom (on any day of the year) owns more than 5 percent of the stock or of the capital or profits interest in the employer. ``(5) No funding required.--A program referred to in paragraph (1) is not required to be funded. ``(6) Notification of eligible employees.--Reasonable notification of the availability and terms of the program shall be provided to eligible employees. ``(7) Statement of expenses.--The plan shall furnish to an employee, on or before January 31, a written statement showing the amounts paid or expenses incurred by the employer in providing student loan payment assistance to such employee during the previous calendar year. ``(8) Benefits.-- ``(A) In general.--A plan meets the requirements of this paragraph if the average benefits provided to employees who are not highly compensated employees under all plans of the employer is at least 55 percent of the average benefits provided to highly compensated employees under all plans of the employer. ``(B) Salary reduction agreements.--For purposes of subparagraph (A), in the case of any benefits provided through a salary reduction agreement, a plan may disregard any employees whose compensation is less than $25,000. For purposes of this subparagraph, the term `compensation' has the meaning given such term by section 414(q)(4), except that, under rules prescribed by the Secretary, an employer may elect to determine compensation on any other basis which does not discriminate in favor of highly compensated employees. ``(9) Excluded employees.--For purposes of paragraphs (3) and (8), there shall be excluded from consideration-- ``(A) subject to rules similar to the rules of section 410(b)(4), employees who have not attained the age of 21 and completed 1 year of service (as defined in section 410(a)(3)), and ``(B) employees not included in a student loan payment assistance program who are included in a unit of employees covered by an agreement which the Secretary finds to be a collective bargaining agreement between employee representatives and 1 or more employees, if there is evidence that student loan payment benefits were the subject of good faith bargaining between such employee representatives and such employer or employers. ``(e) Definitions and Special Rules.--For purposes of this section-- ``(1) Student loan payment assistance.-- ``(A) In general.--The term `student loan payment assistance' means the payment of principal or interest on-- ``(i) any indebtedness incurred by the employee solely to pay qualified higher education expenses (as defined in section 221) which-- ``(I) are paid or incurred within a reasonable period of time before or after the indebtedness was incurred, and ``(II) are attributable to education furnished during a period during which the employee was an eligible student, or ``(ii) any indebtedness used to refinance indebtedness described in clause (i). Such term shall not include any payment of principal or interest on indebtedness owed to a person who is related (within the meaning of section 267(b) or 707(b)(1)) to the taxpayer or to any person by reason of a loan under any qualified employer plan (as defined in section 72(p)(4)) or under any contract referred to in section 72(p)(5). ``(B) Eligible student.--The term `eligible student' has the meaning given such term by section 25A(b)(3). ``(C) Dependent.--The term `dependent' has the meaning given such term by section 152 (determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B) thereof). ``(2) Earned income.--The term `earned income' shall have the meaning given such term in section 32(c)(2), but such term shall not include any amounts paid or incurred by an employer for student loan payment assistance to an employee. ``(3) Employee.--The term `employee' includes, for any year, an individual who is an employee within the meaning of section 401(c)(1) (relating to self-employed individuals). ``(4) Employer.--An individual who owns the entire interest in an unincorporated trade or business shall be treated as his own employer. A partnership shall be treated as the employer of each partner who is an employee within the meaning of paragraph (3). ``(5) Attribution rules.-- ``(A) Ownership of stock.--Ownership of stock in a corporation shall be determined in accordance with the rules provided under subsections (d) and (e) of section 1563 (without regard to section 1563(e)(3)(C)). ``(B) Interest in unincorporated trade or business.--The interest of an employee in a trade or business which is not incorporated shall be determined in accordance with regulations prescribed by the Secretary, which shall be based on principles similar to the principles which apply in the case of subparagraph (A). ``(6) Utilization test not applicable.--A student loan payment assistance program shall not be held or considered to fail to meet any requirements of subsection (d) (other than paragraphs (4) and (8) thereof) merely because of utilization rates for the different types of assistance made available under the program. ``(7) Disallowance of excluded amounts as credit or deduction.--No deduction or credit shall be allowed to the employee under any other section of this chapter for any amount excluded from the gross income of the employee by reason of this section.''. (b) Conforming Amendments.--Sections 221(d)(2)(A), 414(n)(3)(C) and (t)(2), 3121(a)(18), 3306(b)(13), 3401(a)(18), and 6039D(d)(1) of such Code are each amended by inserting ``127A,'' after ``127,''. (c) Clerical Amendment.--The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 127 the following new item: ``Sec. 127A. Student loan payment assistance programs.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Student Loan Employment Benefits Act of 2012 - Amends the Internal Revenue Code to exclude from the gross income of an employee amounts paid by an employer under a student loan payment assistance program. Limits the amount of such exclusion to $5,000 in a taxable year. Requires an employer student loan payment assistance program to be a separate written plan of an employer to provide employees with student loan payment assistance. Defines "student loan payment assistance" as the payment of principal or interest on any indebtedness incurred by an employee solely to pay qualified higher education expenses which are paid or incurred within a reasonable time before or after such indebtedness was incurred and are attributable to education furnished during a period in which such employee was a student eligible for federal financial assistance.

To amend the Internal Revenue Code of 1986 to exclude from gross income amounts paid by an employer on an employee's student loans.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Women's Access to Care Act''. SEC. 2. AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974. (a) In General.--Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185 et seq.), as amended by the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (Public Law 105-277), is amended by adding at the end the following: ``SEC. 714. ACCESS TO OBSTETRICAL AND GYNECOLOGICAL CARE. ``(a) In General.--If a group health plan, or a health insurance issuer in connection with the provision of health insurance coverage, requires or provides for a participant or beneficiary to designate a participating primary care provider-- ``(1) the plan or issuer shall permit such an individual who is a female to designate a participating physician who specializes in obstetrics and gynecology as the individual's primary care provider in lieu of or in addition to the designation by such individual of a provider who does not specialize in obstetrics and gynecology as the primary care provider; and ``(2) if such an individual has not designated a physician who specializes in obstetrics or gynecology as a primary care provider, the plan or issuer-- ``(A) may not require authorization or a referral by the individual's primary care provider or otherwise for coverage of routine gynecological care (such as preventive women's health examinations) and pregnancy- related services provided by a participating health care professional who specializes in obstetrics and gynecology to the extent such care is otherwise covered, and ``(B) may treat the ordering of other gynecological care by such a participating health professional as the authorization of the primary care provider with respect to such care under the plan or coverage. ``(b) Construction.--Nothing in subsection (a)(2)(B) shall waive any requirements of coverage relating to medical necessity or appropriateness with respect to coverage of gynecological care so ordered.''. (b) Clerical Amendment.--The table of contents in section 1 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 note), as amended by the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (Public Law 105-277), is amended by inserting after the item relating to section 713 the following new item: ``Sec. 714. Access to obstetrical and gynecological care.''. SEC. 3. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT. (a) Group Market.--Subpart 2 of part A of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-4 et seq.), as amended by the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (Public Law 105-277), is amended by adding at the end the following new section: ``SEC. 2707. ACCESS TO OBSTETRICAL AND GYNECOLOGICAL CARE. ``(a) In General.--If a group health plan, or a health insurance issuer in connection with the provision of health insurance coverage, requires or provides for an enrollee to designate a participating primary care provider-- ``(1) the plan or issuer shall permit such an individual who is a female to designate a participating physician who specializes in obstetrics and gynecology as the individual's primary care provider in lieu of or in addition to the designation by such individual of a provider who does not specialize in obstetrics and gynecology as the primary care provider; and ``(2) if such an individual has not designated a physician who specializes in obstetrics or gynecology as a primary care provider, the plan or issuer-- ``(A) may not require authorization or a referral by the individual's primary care provider or otherwise for coverage of routine gynecological care (such as preventive women's health examinations) and pregnancy- related services provided by a participating health care professional who specializes in obstetrics and gynecology to the extent such care is otherwise covered, and ``(B) may treat the ordering of other gynecological care by such a participating health professional as the authorization of the primary care provider with respect to such care under the plan or coverage. ``(b) Construction.--Nothing in subsection (a)(2)(B) shall waive any requirements of coverage relating to medical necessity or appropriateness with respect to coverage of gynecological care so ordered.''. (b) Individual Market.--The first subpart 3 of part B of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-51 et seq.) (relating to other requirements), as amended by the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (Public Law 105-277) is amended-- (1) by redesignating such subpart as subpart 2; and (2) by adding at the end the following: ``SEC. 2753. ACCESS TO OBSTETRICAL AND GYNECOLOGICAL CARE. ``The provisions of section 2707 shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as they apply to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market.''. SEC. 4. AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986. Subchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended-- (1) in the table of sections, by inserting after the item relating to section 9812 the following new item: ``Sec. 9813. Access to obstetrical and gynecological care.''; and (2) by inserting after section 9812 the following: ``SEC. 9813. ACCESS TO OBSTETRICAL AND GYNECOLOGICAL CARE. ``(a) In General.--If a group health plan, or a health insurance issuer in connection with the provision of health insurance coverage, requires or provides for a participant or beneficiary to designate a participating primary care provider-- ``(1) the plan or issuer shall permit such an individual who is a female to designate a participating physician who specializes in obstetrics and gynecology as the individual's primary care provider in lieu of or in addition to the designation by such individual of a provider who does not specialize in obstetrics and gynecology as the primary care provider; and ``(2) if such an individual has not designated a physician who specializes in obstetrics or gynecology as a primary care provider, the plan or issuer-- ``(A) may not require authorization or a referral by the individual's primary care provider or otherwise for coverage of routine gynecological care (such as preventive women's health examinations) and pregnancy- related services provided by a participating health care professional who specializes in obstetrics and gynecology to the extent such care is otherwise covered, and ``(B) may treat the ordering of other gynecological care by such a participating health professional as the authorization of the primary care provider with respect to such care under the plan or coverage. ``(b) Construction.--Nothing in subsection (a)(2)(B) shall waive any requirements of coverage relating to medical necessity or appropriateness with respect to coverage of gynecological care so ordered.''. SEC. 5. EFFECTIVE DATES. (a) In General.--Except as provided in subsection (c), the amendments made by this Act shall apply with respect to plan years beginning on or after the date of enactment of this Act. (b) Special Rule for Collective Bargaining Agreements.--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 this Act shall not apply to plan years beginning before the later of-- (1) 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 (2) January 1, 2000. For purposes of paragraph (1), 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 Act shall not be treated as a termination of such collective bargaining agreement. (c) Individual Market.--The amendment made by section 3(b) shall apply to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after the date of enactment of this Act. SEC. 6. RULE OF CONSTRUCTION. Nothing in this Act shall be construed to require a participating physician to accept designation as a primary care provider.

Women's Access to Care Act - Amends the Employee Retirement Income Security Act of 1974, the Public Health Service Act, and the Internal Revenue Code to require a group health plan or a health insurance issuer to permit a woman participant to designate a physician who specializes in obstetrics and gynecology as her primary care provider (with authority to order further gynecological care) in addition to, or in lieu of, a non-obstetrics and gynecology primary care provider. Prohibits a plan or issuer from requiring, in the case of a woman not making such designation, primary care provider referral for routine gynecological care and pregnancy-related services. Amends the Public Health Service Act and the Internal Revenue Code to apply those requirements to health insurance in the individual market.

Women's Access to Care Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hospital Fair Competition Act of 2005''. SEC. 2. HOSPITAL PAYMENT IMPROVEMENTS. (a) Use of Estimated Costs Rather Than Average Charges in Establishing Weighting Factors for Diagnosis-Related Groups Under the Inpatient Hospital Prospective Payment System.-- (1) In general.--Section 1886(d)(4)(B) of the Social Security Act (42 U.S.C. 1395ww(d)(4)(B)) is amended-- (A) by inserting ``(i)'' after ``(B)''; and (B) by adding at the end the following new clause: ``(ii) For fiscal years beginning after fiscal year 2006, in establishing the weighting factors under clause (i), the Secretary shall ensure (to the extent feasible) that such factors reflect the estimated costs of furnishing care in each diagnosis-related group.''. (2) No requirement for annual adjustment for changes in costs.--Section 1886(d)(4)(C)(i) of the Social Security Act (42 U.S.C. 1395ww(d)(4)(C)(i)) is amended by adding at the end the following new sentence: ``Notwithstanding the preceding sentence, the Secretary may adjust the weighting factors established under subparagraph (B) less frequently than annually (but in no case less frequently than once every 5 years) in carrying out the requirement under clause (ii) of such subparagraph.''. (b) Calculation of Weighting Factors at Hospital Level Under the Inpatient Hospital Prospective Payment System.--Section 1886(d)(4)(B) of the Social Security Act (42 U.S.C. 1395ww(d)(4)(B)), as amended by subsection (a)(1), is amended by adding at the end the following new clause: ``(iii) For fiscal years beginning after fiscal year 2006, in establishing the weighting factors under clause (i), the Secretary shall calculate such factors at a hospital level and then aggregate such factors to a national level.''. (c) Adjustment of Weighting Factors for Diagnosis-Related Groups Under the Inpatient Hospital Prospective Payment System To Finance High-Cost Outlier Cases and To Account for Changes in the Distribution of Such Cases.-- (1) PPS hospitals.-- (A) In general.--Section 1886(d)(3)(B) of the Social Security Act (42 U.S.C. 1395ww(d)(3)(B)) is amended to read as follows: ``(B) Reducing for value of outlier payments.-- ``(i) Reduction of average standardized amounts.-- The Secretary shall, for discharges occurring before fiscal year 2007, reduce each of the average standardized amounts determined under subparagraph (A) by a factor equal to the proportion of payments under this subsection (as estimated by the Secretary) based on DRG prospective payment amounts which are additional payments described in paragraph (5)(A) (relating to outlier payments). ``(ii) Reduction of weighting factors.--The Secretary shall, for discharges occurring after fiscal year 2006, reduce each of the weighting factors determined under paragraph (4)(B) by a factor equal to the proportion of payments in the diagnosis-related group under this subsection (as estimated by the Secretary) based on DRG prospective payment amounts which are additional payments described in paragraph (5)(A) (relating to outlier payments).''. (B) Annual adjustment to account for projected changes in the distribution of outlier payments within diagnosis-related groups.--Section 1886(d)(4)(C)(i) of the Social Security Act (42 U.S.C. 1395ww(d)(4)(C)(i)), as amended by subsection (a)(2), is amended by inserting ``, including, for discharges occurring after fiscal year 2006, projected changes in the distribution of additional payments described in paragraph (5)(A) within diagnosis-related groups'' before the period at the end of the first sentence. (C) Conforming amendments.--Section 1886(d)(3)(D) of the Social Security Act (42 U.S.C. 1395ww(d)(3)(D)) is amended-- (i) in clauses (i)(I), (ii)(I), and (iii)(I), by striking ``reduced under subparagraph (B)'' and inserting ``reduced under subparagraph (B)(i)''; and (ii) in clause (iii)(II), by inserting ``, and, in the case of a fiscal year beginning after 2006, reduced under subparagraph (B)(ii)'' before the period at the end. (2) Puerto rico hospitals.-- (A) Computing puerto rico drg-specific rates.-- Section 1886(d)(9)(C)(ii) of the Social Security Act (42 U.S.C. 1395ww(d)(9)(C)(ii)) is amended-- (i) by inserting ``, for discharges occurring before fiscal year 2007,'' after ``The Secretary shall''; and (ii) by striking ``fiscal year 2004 and thereafter'' and inserting ``fiscal years 2004, 2005, and 2006''. (B) Conforming amendments.--Section 1886(d)(9)(C)(iii)(II) of the Social Security Act (42 U.S.C. 1395ww(d)(9)(C)(iii)(II)) is amended by inserting ``and reduced under paragraph (3)(B)(ii)'' after ``paragraph (4)(B)''. (d) Ensuring That Diagnostic-Related Groups Appropriately Capture the Difference in Severity of Illness of Patients.--Section 1886(d)(4)(A) of the Social Security Act (42 U.S.C. 1395ww(d)(4)(A)) is amended by adding at the end the following new sentence: ``In establishing the classification of inpatient discharges by diagnosis- related groups under the preceding sentence, the Secretary shall ensure that such groups appropriately capture the difference in severity of illness of patients.''. (e) Phase-In of Changes to the Inpatient Hospital Prospective Payment System.--Section 1886(d) of the Social Security Act (42 U.S.C. 1395ww(d)) is amended by adding at the end the following new paragraph: ``(14) Notwithstanding the preceding provisions of this subsection, the Secretary shall phase in the application of the amendments made by subsections (a), (b), (c), and (d) of section 2 of the Hospital Fair Competition Act of 2005 over a 3-fiscal year period beginning with fiscal year 2007. In implementing the phase-in under the preceding sentence, the Secretary shall take into account the negative impact that the phase-in may have on certain hospitals.''. SEC. 3. PROHIBITION ON CERTAIN PHYSICIAN SELF REFERRALS. (a) Prohibition.--Section 1877(d) of the Social Security Act (42 U.S.C. 1395nn(d)) is amended in each of paragraphs (2)(B) and (3)(B) by striking ``effective for the 18-month period beginning on the date of enactment of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003'' and inserting ``on and after December 8, 2003''. (b) Revisions to the Requirements to Qualify for the Exception to the Definition of Specialty Hospital.--Section 1877(h)(7)(B) of the Social Security Act (42 U.S.C. 1395nn(h)(7)(B)) is amended-- (1) by redesignating clauses (iii), (iv), and (v) as clauses (vi), (vii), and (viii), respectively; (2) by inserting after clause (ii) the following new clauses: ``(iii) for which the percent of investment in the hospital by physician investors at any time on or after June 8, 2005, is no greater than the percent of such investment by physician investors as of such date; ``(iv) for which the percent of investment in the hospital by any physician investor at any time on or after June 8, 2005, is no greater than the percent of such investment by such physician as of such date; ``(v) for which the number of operating rooms at the hospital at any time on or after June 8, 2005, is no greater than the number of such rooms as of such date;''; and (3) by striking clause (vii), as so redesignated, and inserting the following: ``(vii) for which-- ``(I) during the period beginning on December 8, 2003, and ending on June 7, 2005, any increase in the number of beds occurs only in the facilities on the main campus of the hospital and does not exceed 50 percent of the number of beds in the hospital as of November 18, 2003, or 5 beds, whichever is greater; and ``(II) the number of beds at the hospital at any time on or after June 8, 2005, is no greater than the number of such beds as of such date; and''. (c) Effective Date.--The amendments made by this section shall take effect on June 8, 2005. SEC. 4. PERMISSIBLE COORDINATED CARE INCENTIVE ARRANGEMENTS BETWEEN HOSPITALS AND PHYSICIANS. (a) Establishment of Requirements for Arrangements and Exemption From Imposition of Civil Monetary Penalties.--Section 1128A of the Social Security Act (42 U.S.C. 1320a-7a) is amended by adding at the end the following new subsection: ``(o) Arrangements Between Hospitals and Physicians.-- ``(1) In general.--Subsection (b) shall not apply to an arrangement that meets the requirements under paragraph (2). ``(2) Requirements.-- ``(A) Establishment.--The Secretary shall establish requirements for arrangements between hospitals or critical access hospitals and physicians in which physicians share in the savings experienced by the hospital or critical access hospital by reason of cost- reduction efforts that involve the physicians. ``(B) Protections.--In establishing the requirements under subparagraph (A), the Secretary shall ensure that-- ``(i) the quality of care provided to individuals is protected under the arrangement; and ``(ii) financial incentives that could affect physician referrals are minimized. ``(C) Monitor.--The Secretary shall establish procedures to monitor arrangements described in subparagraph (A) to ensure that such agreements meet the requirements under such subparagraph.''. (b) Exemption From Criminal Penalties.--Section 1128B(b)(3) of the Social Security Act (42 U.S.C. 1320a-7b(b)(3)) is amended-- (1) in subparagraph (G), by striking ``and'' at the end; (2) in subparagraph (H), as added by section 237(d) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2213)-- (A) by moving such subparagraph 2 ems to the left; and (B) by striking the period at the end and inserting a semicolon; (3) by redesignating subparagraph (H), as added by section 431(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2287), as subparagraph (I); (4) in subparagraph (I), as so redesignated-- (A) by moving such subparagraph 2 ems to the left; and (B) by striking the period at the end and inserting ``; and''; and (5) by adding at the end the following new subparagraph: ``(J) an arrangement that meets the requirements established under section 1128A(o).''. (c) Exemption From Limitation on Certain Physician Referrals.-- Section 1877(e) of the Social Security Act (42 U.S.C. 1395nn(e)) is amended by adding at the end the following new paragraph: ``(9) Arrangements between hospitals and physicians.--An arrangement that meets the requirements established under section 1128A(o).''.

Hospital Fair Competition Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act with respect to hospital payments. Provides for the use of estimated costs rather than average charges in establishing weighting factors for diagnosis-related groups under the inpatient hospital prospective payment system. Revises requirements for exceptions to the prohibition against certain physician self-referrals to specialty hospitals in which a physician has invested. Exempts from the limitation on such referrals, and any liability for criminal penalties, specified arrangements between hospitals and physicians.

A bill to amend title XVIII of the Social Security Act to make improvements in payments to hospitals under the medicare program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Financial Fraud Detection and Disclosure Act of 1995''. SEC. 2. FINANCIAL FRAUD DETECTION AND DISCLOSURE. (a) Amendments to the Securities Exchange Act of 1934.--The Securities Exchange Act of 1934 is amended by inserting after section 13 (15 U.S.C. 78m) the following new section: ``SEC. 13A. FRAUD DETECTION AND DISCLOSURE. ``(a) Audit Requirements.--Each audit required pursuant to this title of an issuer's financial statements by an independent public accountant shall include, in accordance with generally accepted auditing standards, as may be modified or supplemented from time to time by the Commission, the following: ``(1) procedures designed to provide reasonable assurance of detecting illegal acts that would have a direct and material effect on the determination of financial statement amounts; ``(2) procedures designed to identify related party transactions which are material to the financial statements or otherwise require disclosure therein; and ``(3) an evaluation of whether there is substantial doubt about the issuer's ability to continue as a going concern over the ensuing fiscal year. ``(b) Required Response to Audit Discoveries.-- ``(1) Investigation and report to management.--If, in the course of conducting any audit pursuant to this title to which subsection (a) applies, the independent public accountant detects or otherwise becomes aware of information indicating that an illegal act (whether or not perceived to have a material effect on the issuer's financial statements) has or may have occurred, the accountant shall, in accordance with generally accepted auditing standards, as may be modified or supplemented from time to time by the Commission-- ``(A)(i) determine whether it is likely that an illegal act has occurred, and (ii) if so, determine and consider the possible effect of the illegal act on the financial statements of the issuer, including any contingent monetary effects, such as fines, penalties, and damages; and ``(B) as soon as practicable inform the appropriate level of the issuer's management and assure that the issuer's audit committee, or the issuer's board of directors in the absence of such a committee, is adequately informed with respect to illegal acts that have been detected or otherwise come to the attention of such accountant in the course of the audit, unless the illegal act is clearly inconsequential. ``(2) Response to failure to take remedial action.--If, having first assured itself that the audit committee of the board of directors of the issuer or the board (in the absence of an audit committee) is adequately informed with respect to illegal acts that have been detected or otherwise come to the accountant's attention in the course of such accountant's audit, the independent public accountant concludes that-- ``(A) any such illegal act has a material effect on the financial statements of the issuer, ``(B) senior management has not taken, and the board of directors has not caused senior management to take, timely and appropriate remedial actions with respect to such illegal act, and ``(C) the failure to take remedial action is reasonably expected to warrant departure from a standard auditor's report, when made, or warrant resignation from the audit engagement, the independent public accountant shall, as soon as practicable, directly report its conclusions to the board of directors. ``(3) Notice to commission; response to failure to notify.--An issuer whose board of directors has received a report pursuant to paragraph (2) shall inform the Commission by notice within one business day of receipt of such report and shall furnish the independent public accountant making such report with a copy of the notice furnished the Commission. If the independent public accountant making such report shall fail to receive a copy of such notice within the required one- business-day period, the independent public accountant shall-- ``(A) resign from the engagement; or ``(B) furnish to the Commission a copy of its report (or the documentation of any oral report given) within the next business day following such failure to receive notice. ``(4) Report after resignation.--An independent public accountant electing resignation shall, within the one business day following a failure by an issuer to notify the Commission under paragraph (3), furnish to the Commission a copy of the accountant's report (or the documentation of any oral report given). ``(c) Auditor Liability Limitation.--No independent public accountant shall be liable in a private action for any finding, conclusion, or statement expressed in a report made pursuant to paragraph (3) or (4) of subsection (b), including any rules promulgated pursuant thereto. ``(d) Civil Penalties in Cease-and-Desist Proceedings.--If the Commission finds, after notice and opportunity for hearing in a proceeding instituted pursuant to section 21C of this title, that an independent public accountant has willfully violated paragraph (3) or (4) of subsection (b) of this section, then the Commission may, in addition to entering an order under section 21C, impose a civil penalty against the independent public accountant and any other person that the Commission finds was a cause of such violation. The determination whether to impose a civil penalty, and the amount of any such penalty, shall be governed by the standards set forth in section 21B of this title. ``(e) Preservation of Existing Authority.--Except for subsection (d), nothing in this section limits or otherwise affects the authority of the Commission under this title. ``(f) Definitions.--As used in this section, the term `illegal act' means any action or omission to act that violates any law, or any rule or regulation having the force of law.''. (b) Effective Dates.--As to any registrant that is required to file selected quarterly financial data pursuant to item 302(a) of Regulation S-K (17 CFR 229.302(a)) of the Securities and Exchange Commission, the amendments made by subsection (a) of this section shall apply to any annual report for any period beginning on or after January 1, 1996. As to any other registrant, such amendment shall apply for any period beginning on or after January 1, 1997.

Financial Fraud Detection and Disclosure Act of 1995 - Amends the Securities Exchange Act of 1934 to include specified fraud detection and disclosure procedures within the requirements for audits of public companies by an independent public accountant. Authorizes the Securities and Exchange Commission to impose civil penalties on an independent public accountant for willful violations of certain reporting requirements.

Financial Fraud Detection and Disclosure Act of 1995

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Credit Union Regulatory Relief Act of 2008''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Investments in securities by Federal credit unions. Sec. 3. Increase in investment limit in credit union service organizations. Sec. 4. Member business loan exclusion for loans to nonprofit religious organizations. Sec. 5. Authority of NCUA to establish longer maturities for certain credit union loans. Sec. 6. Providing the National Credit Union Administration with greater flexibility in responding to market conditions. Sec. 7. Conversions of certain credit unions to a community charter. Sec. 8. Credit union participation in the SBA section 504 program. Sec. 9. Amendments relating to credit union service to underserved areas. Sec. 10. Short-term payday loan alternatives within field of membership. Sec. 11. Credit union governance. Sec. 12. Encouraging small business development in underserved urban and rural communities. Sec. 13. Exemption from pre-merger notification requirement of the Clayton Act. SEC. 2. INVESTMENTS IN SECURITIES BY FEDERAL CREDIT UNIONS. Section 107 of the Federal Credit Union Act (12 U.S.C. 1757) is amended-- (1) by striking ``A Federal credit union'' and inserting ``(a) In General.--A Federal credit union''; and (2) by adding at the end the following new subsection: ``(b) Investment for the Credit Union's Own Account.-- ``(1) In general.--In addition to the investments authorized in subsection (a), a Federal credit union may purchase and hold for its own account such investment securities of investment grade as the Board may authorize by regulation, subject to such limitations and restrictions as the Board may prescribe in the regulations. ``(2) Percentage limitations.-- ``(A) Single obligor.--In no event may the total amount of investment securities of any single obligor or maker held by a Federal credit union for the credit union's own account exceed at any time an amount equal to 10 percent of the net worth of the credit union. ``(B) Aggregate investments.--In no event may the aggregate amount of investment securities held by a Federal credit union for the credit union's own account exceed at any time an amount equal to 10 percent of the assets of the credit union. ``(3) Investment security defined.-- ``(A) In general.--For purposes of this subsection, the term `investment security' means marketable obligations evidencing the indebtedness of any person in the form of bonds, notes, or debentures and other instruments commonly referred to as investment securities. ``(B) Further definition by board.--The Board may further define the term `investment security'. ``(4) Investment grade defined.--The term `investment grade' means with respect to an investment security purchased by a credit union for its own account, an investment security that at the time of such purchase is rated in one of the 4 highest rating categories by at least 1 nationally recognized statistical rating organization. ``(5) Clarification of prohibition on stock ownership.--No provision of this subsection shall be construed as authorizing a Federal credit union to purchase shares of stock of any corporation for the credit union's own account, except as otherwise permitted by law.''. SEC. 3. INCREASE IN INVESTMENT LIMIT IN CREDIT UNION SERVICE ORGANIZATIONS. Section 107(a)(7)(I) of the Federal Credit Union Act (12 U.S.C. 1757(7)(I)) (as so redesignated by section 2(1)) is amended by striking ``up to 1 per centum of the total paid'' and inserting ``up to 3 percent of the total paid''. SEC. 4. MEMBER BUSINESS LOAN EXCLUSION FOR LOANS TO NONPROFIT RELIGIOUS ORGANIZATIONS. Section 107A(a) of the Federal Credit Union Act (12 U.S.C. 1757a(a)) is amended by inserting ``, excluding loans made to nonprofit religious organizations,'' after ``total amount of such loans''. SEC. 5. AUTHORITY OF NCUA TO ESTABLISH LONGER MATURITIES FOR CERTAIN CREDIT UNION LOANS. Section 107(a)(5) of the Federal Credit Union Act (12 U.S.C. 1757(5)) (as so redesignated by section 2(1)) is amended in the matter preceding subparagraph (A), by striking ``except as otherwise provided herein'' and inserting ``or any longer maturity as the Board may allow, in regulations, except as otherwise provided in this Act''. SEC. 6. PROVIDING THE NATIONAL CREDIT UNION ADMINISTRATION WITH GREATER FLEXIBILITY IN RESPONDING TO MARKET CONDITIONS. Section 107(a)(5)(A)(vi)(I) of the Federal Credit Union Act (12 U.S.C. 1757(5)(A)(vi)(I)) (as so redesignated by section 2(1)) is amended by striking ``six-month period and that prevailing interest rate levels'' and inserting ``6-month period or that prevailing interest rate levels''. SEC. 7. CONVERSIONS OF CERTAIN CREDIT UNIONS TO A COMMUNITY CHARTER. Section 109(g) of the Federal Credit Union Act (12 U.S.C. 1759(g)) is amended by inserting after paragraph (2) the following new paragraph: ``(3) Criteria for continued membership of certain member groups in community charter conversions.--In the case of a voluntary conversion of a common-bond credit union described in paragraph (1) or (2) of subsection (b) into a community credit union described in subsection (b)(3), the Board shall prescribe, by regulation, the criteria under which the Board may determine that a member group or other portion of a credit union's existing membership, that is located outside the well- defined local community, neighborhood, or rural district that shall constitute the community charter, can be satisfactorily served by the credit union and remain within the community credit union's field of membership.''. SEC. 8. CREDIT UNION PARTICIPATION IN THE SBA SECTION 504 PROGRAM. Section 107(a)(5)(A)(iii) of the Federal Credit Union Act (12 U.S.C. 1757(5)(A)(iii)) (as so redesignated by section 2(1)) is amended by inserting ``, and applicable regulations,'' after ``specified in the law''. SEC. 9. AMENDMENTS RELATING TO CREDIT UNION SERVICE TO UNDERSERVED AREAS. (a) In General.--Paragraph (2) of section 109(c) of the Federal Credit Union Act (12 U.S.C. 1759(c)(2)) is amended to read as follows: ``(2) Exception for underserved areas.-- ``(A) In general.--Notwithstanding subsection (b), the Board may approve an application by a Federal credit union to allow the membership of such credit union to include any person or organization whose principal residence or place of business is located within a local community, neighborhood, or rural district if-- ``(i) the Board determines-- ``(I) at any time after August 7, 1998, that all of the local community, neighborhood, or rural district taken into account for purposes of this paragraph is an underserved area (as defined in section 101(10)); and ``(II) at the time of such approval, that the credit union is well capitalized or adequately capitalized (as defined in section 216(c)(1)); and ``(ii) before the end of the 24-month period beginning on the date of such approval, the credit union has established and maintains an office or facility in the local community, neighborhood, or rural district at which credit union services are available. ``(B) Termination of approval.--Any failure of a Federal credit union to meet the requirement of clause (ii) of subparagraph (A) by the end of the 24-month period referred to in such clause shall constitute a termination, as a matter of law, of any approval of an application under this paragraph by the Board with respect to the membership of such credit union. ``(C) Annual credit union reporting requirement.-- Any Federal credit union which has an application approved under this paragraph shall submit an annual report to the Administration on the number of members of the credit union who are members by reason of such application and the number of offices or facilities maintained by the credit union in the local community, neighborhood, or rural district taken into account by the Board in approving such application. ``(D) Publication by administration.--The Administration shall publish annually a report containing-- ``(i) a list of all the applications approved under this paragraph prior to the publication of the report; ``(ii) the number and locations of the underserved areas taken into account in approving such applications; and ``(iii) the total number of members of credit unions who are members by reason of the approval of such applications.''. (b) Underserved Area Defined.--Section 101 of the Federal Credit Union Act (12 U.S.C. 1752) is amended-- (1) by striking ``and'' at the end of paragraph (8); (2) by striking the period at the end of paragraph (9) and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(10) the term `underserved area' means a geographic area consisting of a single census tract or a group of census tracts, each of which meets the criteria for-- ``(A) a low income community, as defined in section 45D(e) of the Internal Revenue Code of 1986; or ``(B) an investment area, as defined and designated under section 103(16) of the Community Development Banking and Financial Institutions Act of 1994.''. SEC. 10. SHORT-TERM PAYDAY LOAN ALTERNATIVES WITHIN FIELD OF MEMBERSHIP. Section 107(a)(12)(B) of the Federal Credit Union Act (12 U.S.C. 1757(12)(B)) (as so redesignated by section 2(1)) is amended by inserting ``and provide short-term loans as an alternative to payday loans'' after ``domestic electronic fund transfers''. SEC. 11. CREDIT UNION GOVERNANCE. (a) Expulsion of Members for Just Cause.--Subsection (b) of section 118 of the Federal Credit Union Act (12 U.S.C. 1764(b)) is amended to read as follows: ``(b) Policy and Actions of Boards of Directors of Federal Credit Unions.-- ``(1) Expulsion of members for nonparticipation or for just cause.--The board of directors of a Federal credit union may, by majority vote of a quorum of directors, adopt and enforce a policy with respect to expulsion from membership, by a majority vote of such board of directors, based on just cause, including disruption of credit union operations, or on nonparticipation by a member in the affairs of the credit union. ``(2) Written notice of policy to members.--If a policy described in paragraph (1) is adopted, written notice of the policy as adopted and the effective date of such policy shall be provided to-- ``(A) each existing member of the credit union not less than 30 days prior to the effective date of such policy; and ``(B) each new member prior to or upon applying for membership.''. (b) Term Limits Authorized for Board Members of Federal Credit Unions.--Section 111(a) of the Federal Credit Union Act (12 U.S.C. 1761(a)) is amended by adding at the end the following new sentence: ``The bylaws of a Federal credit union may limit the number of consecutive terms any person may serve on the board of directors of such credit union.''. SEC. 12. ENCOURAGING SMALL BUSINESS DEVELOPMENT IN UNDERSERVED URBAN AND RURAL COMMUNITIES. Section 107A(c)(1)(B) of the Federal Credit Union Act (12 U.S.C. 1757a(c)(1)(B)) is amended-- (1) by striking ``or'' after the semicolon at the end of clause (iv); (2) by redesignating clause (v) as clause (vi); and (3) by inserting after clause (iv) the following new clause: ``(v) that is made to a member, the proceeds of which are to be used for commercial, corporate, business, farm or agricultural purposes in an underserved area if such extension of credit-- ``(I) is made to a person or organization whose principal residence or place of business is located within an underserved area (as defined in section 101(10)) served by the credit union; or ``(II) is secured by real property located within, or is intended to operate as part of a business located within, such underserved area; or''. SEC. 13. EXEMPTION FROM PRE-MERGER NOTIFICATION REQUIREMENT OF THE CLAYTON ACT. Section 7A(c)(7) of the Clayton Act (15 U.S.C. 18a(c)(7)) is amended by inserting ``section 205(b)(3) of the Federal Credit Union Act (12 U.S.C. 1785(b)(3)),'' before ``or section 3''.

Credit Union Regulatory Relief Act of 2008 - Amends the Federal Credit Union Act to: (1) permit a credit union to invest in securities for its own account, subject to certain percentage limitations; and (2) increase the investment and lending limit in credit union service organizations from 1% to 3% of a credit union's total paid and unimpaired capital and surplus. Excludes credit union loans to nonprofit religious organizations from limitations placed upon member business loans. Authorizes the National Credit Union Administration Board (Board) to establish longer loan maturity dates. Directs the Board to prescribe criteria for continued membership of certain member groups in the case of certain credit union conversions to a community charter. Revises requirements for credit union membership in certain underserved areas. Empowers a federal credit union to provide short-term loans as an alternative to payday loans. Authorizes a credit union board of directors to expel a member based on just cause, including disruption of credit union operations (as well as nonparticipation, as under current law). Excludes from the meaning of member business loan subject to certain limitations (thus permitting without such limitations) any extension of credit to a member, meeting specified criteria, whose proceeds are to be used for commercial, corporate, business, farm or agricultural purposes in an underserved area. Amends the Clayton Act to exempt from its premerger notification and waiting period requirements any mergers of one insured credit union activities with another which require agency approval under the Federal Credit Union Act.

To advance credit union efforts to promote economic growth, modify credit union regulatory standards and reduce burdens, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Work Incentives Amendments of 1993''. SEC. 2. TABLE OF CONTENTS. The table of contents is as follows: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I--ACCESS TO SSI WORK INCENTIVES Sec. 101. Access to work incentives under SSI for SSDI-only recipients who lose eligibility for SSDI benefits because of working. TITLE II--WORK INCENTIVES WAIVER AUTHORITY Sec. 201. Eligibility of certain individuals with disabilities for coverage under Medicaid home and community- based care waivers. Sec. 202. Waiver authority. TITLE III--AMENDMENTS TO WORK INCENTIVES PROVISIONS Sec. 301. Disregard deemed income of eligible spouse when determining continued Medicaid eligibiity under section 1619(b). Sec. 302. Continuation of Medicaid for the aged who lose SSI due to excessive earnings. Sec. 303. Self-support plans not disapproved within 30 days to be deemed approved. Sec. 304. Regulations regarding completion of self-support plans. Sec. 305. Exclusion of income and resources under self-support plans in determining Medicaid eligibility in ``section 209(b)'' States. Sec. 306. Expansion of self-support plans to include housing goals. Sec. 307. Self-support plans for the aged. Sec. 308. Additional State supplementation requirement. Sec. 309. Treatment of unemployment compensation, worker's compensation, and sick pay as earned income for SSI purposes. Sec. 310. Treatment of certain grant, scholarship, or fellowship income as earned income for SSI purposes. Sec. 311. SSI eligibility for students temporarily abroad. TITLE IV--EFFECTIVE DATE Sec. 401. Effective date. TITLE I--ACCESS TO SSI WORK INCENTIVES SEC. 101. ACCESS TO WORK INCENTIVES UNDER SSI FOR SSDI-ONLY RECIPIENTS WHO LOSE ELIGIBILITY FOR SSDI BENEFITS BECAUSE OF WORKING. (a) In General.--Section 1619 of the Social Security Act (42 U.S.C. 1382h) is amended-- (1) in subsection (a), by adding at the end the following: ``(3) Notwithstanding paragraph (1) of this subsection, a qualified individual shall not be required to have been eligible to receive benefits under section 1611 (or a State supplementary payment) for a month in order to qualify for a monthly benefit under this subsection.''; (2) in subsection (b)-- (A) in paragraph (1), by inserting ``(or, in the case of a qualified individual, because of his or her resources)''; and (B) by adding at the end the following: ``(4)(A) The requirement in paragraph (1) of this subsection, that an individual have been eligible to receive a benefit under section 1611 or any federally administered State supplementary payment for a month, shall not apply to any qualified individual. ``(B) In applying paragraph (1) of this subsection to a qualified individual, the Secretary shall, for 12-month period beginning 3 months after the end of the individual's period of trial work (as defined in section 222(c)), disregard that portion of the resources of the individual, as of the beginning of such 12-month period, that exceeds the amount which would otherwise result in the ineligibility of the individual for benefits under this title.''; and (3) by adding at the end the following: ``(e) As used in this section, the term `qualified individual' means an individual-- ``(1) who has been entitled to benefits under subsection (d), (e), or (f) of section 202 based on disability, or disability insurance benefits under section 223; ``(2) whose termination month (as defined in section 223(a)(1)) has not commenced; and ``(3) who files an application for benefits under this title during the 3-month period immediately following the individual's period of trial work (as defined in 222(c)).''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on the date of the enactment of this Act, and shall apply with respect to periods of trial work (as defined in 222(c) of the Social Security Act) ending on or after the date that is 3 months before such date of enactment. TITLE II--WORK INCENTIVES WAIVER AUTHORITY SEC. 201. ELIGIBILITY OF CERTAIN INDIVIDUALS WITH DISABILITIES FOR COVERAGE UNDER MEDICAID HOME AND COMMUNITY-BASED CARE WAIVERS. (a) In General.--Section 1915(c) of the Social Security Act (42 U.S.C. 1396n(c)) is amended by adding at the end the following new paragraph: ``(11)(A) At the request of a State, the State plan may provide services under a waiver under this subsection to any individual described as follows (but only if such individual would otherwise be entitled to services under the waiver): ``(i) An individual who receives benefits under subsection (d), (e), or (f) of section 202 based on disability, or disability insurance benefits under section 223. ``(ii) An individual who would be entitled to benefits under subsection (d), (e), or (f) of section 202 based on disability, disability insurance benefits under section 223, or benefits under section 1611 through the application of section 1619, if the individual's earnings did not exceed the applicable criteria used by the Secretary to determine whether an individual has demonstrated an ability to engage in substantial gainful activity. ``(B) In the case of an individual described in subparagraph (A)(ii), a waiver under this subsection may also include a waiver of the provisions of section 1903(f)(4)(C) requiring the Secretary to disregard subsection (b) of section 1612 in determining whether the individual's income exceeds 300 percent of the supplemental security income benefit rate established by section 1611(b)(1).''. (b) Effective Date.--The amendment made by subsection (a) shall apply to waivers under section 1915(c) of the Social Security Act for quarters beginning 90 or more days after the date of the enactment of this Act. SEC. 202. WAIVER AUTHORITY. Part A of title XVI of the Social Security Act (42 U.S.C. 1381- 1382j)) is amended by adding at the end the following: ``SEC. 1622. WORK INCENTIVES. ``(a) Request.--For the purpose of enabling individuals who are aged, blind, or disabled individuals to work, any State may request the Secretary to apply subsection (c) with respect to the residents of the State. ``(b) Provision of Work Incentives.--The Secretary shall apply subsection (c) with respect to the residents of a State that has submitted a request under subsection (a) if the Secretary finds that doing so would be cost-effective and efficient and not inconsistent with the purposes of this title, and would encourage work by individuals with severe disabilities. ``(c) Nature of Work Incentives.--In determining whether any resident of the State is eligible for benefits under this title and, if so, the amount of such benefits-- ``(1) section 1612(b)(4) shall be applied-- ``(A) by substituting `not more than $2,400 (as agreed upon by the Secretary and the State in which the individual resides)' for `$780' each place such term appears; and ``(B) by substituting `one-third' for `one-half' each place such term appears; and ``(2) earned income shall be excluded under section 1612(b) only pursuant to paragraphs (1), (2)(A), and (4) of such section.''. TITLE III--AMENDMENTS TO WORK INCENTIVES PROVISIONS SEC. 301. DISREGARD DEEMED INCOME OF INELIGIBLE SPOUSE WHEN DETERMINING CONTINUED MEDICAID ELIGIBIITY UNDER SECTION 1619(b). Section 1614(f)(1) of the Social Security Act (42 U.S.C. 1382c(f)(1)) is amended by inserting ``(other than under section 1619(b))'' after ``benefits''. SEC. 302. CONTINUATION OF MEDICAID FOR THE AGED WHO LOSE SSI DUE TO EXCESSIVE EARNINGS. Section 1619 of the Social Security Act (42 U.S.C. 1382h) is amended by adding at the end the following: ``(e) For purposes of title XIX, any individual who was determined to be an eligible individual (or eligible spouse) by reason of age and was eligible to receive benefits under section 1611 (or a federally administered State supplementary payment) for a month, and who becomes ineligible to receive such benefits for a subsequent month solely due to excessive income shall, neverthelesss, be considered to be receiving supplemental security income benefits for so long as the individual continues to be otherwise eligible for benefits under this title.''. SEC. 303. SELF-SUPPORT PLANS NOT DISAPPROVED WITHIN 30 DAYS TO BE DEEMED APPROVED. (a) Amendments to Income Exclusion Rules.--Section 1612(b)(4) of the Social Security Act (42 U.S.C. 1382a(b)(4)(A)) is amended in each of subparagraphs (A) and (B) by inserting ``and, for purposes of this clause, a plan for self-support which is not disapproved by the Secretary within 30 days after the date of submission shall be deemed to be approved by the Secretary until subsequently disapproved by the Secretary,'' after ``plan,''. (b) Amendment to Resource Exclusion Rule.--Section 1613(a)(4) of such Act (42 U.S.C. 1382b(a)(4)) is amended by inserting ``and, for purposes of this paragraph, a plan for self-support which is not disapproved by the Secretary within 30 days after the date of submission shall be deemed to be approved by the Secretary until subsequently disapproved by the Secretary,'' after ``such plan''. SEC. 304. REGULATIONS REGARDING COMPLETION OF SELF-SUPPORT PLANS. Section 1633 of the Social Security Act (42 U.S.C. 1383b) is amended by adding at the end the following: ``(d) The Secretary shall establish a time limit by which activities under a plan for achieving self-support must be completed, using criteria that take into account the difficulty of achieving self- support based on the needs of the individual and the goals of the plan.''. SEC. 305. EXCLUSION OF INCOME AND RESOURCES UNDER SELF-SUPPORT PLANS IN DETERMINING MEDICAID ELIGIBILITY IN ``SECTION 209(b)'' STATES. (a) In General.-- (1) Determination of income.--The first sentence of section 1902(f) of the Social Security Act (42 U.S.C. 1396a(f)) is amended-- (A) by striking ``and incurred expenses'' and inserting ``incurred expenses''; and (B) by striking ``thereof)'' and inserting the following: ``thereof, and any income of an individual with a plan for achieving self-support approved by the Secretary under section 1612(b)(4))''. (2) Determination of resources.--The first sentence of such section is amended by striking ``is not'' and inserting the following: ``and the resources of any such individual (excluding any resources excluded under a plan for achieving self-support approved by the Secretary under section 1613(a)(4)) are not''. (b) Effective Date.--The amendments made by subsection (a) shall apply to quarters beginning on or after the expiration of the 90-day period that begins on the date of the enactment of this Act. SEC. 306. EXPANSION OF SELF-SUPPORT PLANS TO INCLUDE HOUSING GOALS. Section 1612(b)(4) of the Social Security Act (42 U.S.C. 1382a(b)(4)) is amended in each of subparagraphs (A)(iii) and (B)(iv), by inserting ``, containing a career or housing goal, that has been'' before ``approved'' and Section 1613(a)(4) of the Social Security Act (42 U.S.C. 1382b(a)(4)) is amended by inserting ``, containing a career or housing goal, that has been'' before ``approved''. SEC. 307. SELF-SUPPORT PLANS FOR THE AGED. (a) Income Exclusion.--Section 1612(b)(4) of the Social Security Act (42 U.S.C. 1382a(b)(4) is amended-- (1) in subparagraph (A), by striking the comma at the end and inserting ``; or'' (2) in subparagraph (B)-- (A) by striking ``(and has not'' and all that follows through ``age 65),'' and inserting ``, or has attained age 65''; (B) in clause (ii), by inserting ``in the case of such a disabled individual (or spouse),'' after ``(ii)''; and (C) in clause (iv), by striking ``, or'' and inserting a semicolon; and (3) by striking subparagraph (C). (b) Resource Exclusion.--Section 1613(a)(4) of such Act (42 U.S.C. 1382b(a)(4)) is amended by striking ``who is blind or disabled and''. SEC. 308. ADDITIONAL STATE SUPPLEMENTATION REQUIREMENT. Section 1616 of the Social Security Act (42 U.S.C. 1382e) is amended-- (1) in subsection (b)(1), by inserting ``(or, by reason of section 1619, are considered to be)'' before ``receiving''; and (2) in subsection (c), by striking paragraph (3). SEC. 309. TREATMENT OF UNEMPLOYMENT COMPENSATION, WORKER'S COMPENSATION, AND SICK PAY AS EARNED INCOME FOR SSI PURPOSES. Section 1612(a)(1) of the Social Security Act (42 U.S.C. 1382a(a)(1)) is amended-- (1) by striking ``and'' at the end of subparagraph (D); and (2) by adding at the end the following: ``(F) unemployment compensation benefits and worker's compensation benefits paid under any Federal or State law, and benefits paid to an individual as compensation for sick leave not taken by the individual; and''. SEC. 310. TREATMENT OF CERTAIN GRANT, SCHOLARSHIP, OR FELLOWSHIP INCOME AS EARNED INCOME FOR SSI PURPOSES. Section 1612(a)(1) of the Social Security Act (42 U.S.C. 1382a(a)(1)), as amended by section 309 of this Act, is amended-- (1) by striking ``and'' at the end of subparagraph (E); and (2) by adding at the end the following: ``(G) any grant, scholarship, or fellowship described in section 1612(b)(7) to the extent not excluded from income pursuant to such section.''. SEC. 311. SSI ELIGIBILITY FOR STUDENTS TEMPORARILY ABROAD. Section 1611(f) of the Social Security Act (42 U.S.C. 1382(f)) is amended by adding at the end the following: ``The 1st sentence of this subsection shall not apply to any individual who demonstrates to the satisfaction of the Secretary that the absence of the individual from the United States will be temporary and for the purpose of conducting studies as part of an educational program related to an educational institution in the United States.''. TITLE IV--EFFECTIVE DATE SEC. 401. EFFECTIVE DATE. Except as otherwise provided in this Act, the amendments made by this Act shall take effect on the 1st day of the 1st calendar month that begins 90 or more days after the date of the enactment of this Act.

TABLE OF CONTENTS Title I: Access to SSI Work Incentives Title II: Work Incentives Waiver Authority Title III: Amendments to Work Incentives Provisions Title IV: Effective Date Work Incentives Amendments of 1993 - Title I: Access to SSI Work Incentives - Amends title XVI (Supplemental Security Income) (SSI) of the Social Security Act with respect to access to work incentives under SSI for SSI disability benefits (SSDI)-only recipients who lose eligibility for SSDI benefits because of working. Title II: Work Incentives Waiver Authority - Amends titles XIX (Medicaid) and XVI of the Social Security Act with respect to: (1) the eligibility of certain individuals with disabilities for coverage under Medicaid and community-based care waivers; and (2) work incentives waiver authority. Title III: Amendments to Work Incentives Provisions - Amends SSI title XVI: (1) to disregard the deemed income of an ineligible spouse when determining continued Medicaid eligibility for certain individuals; (2) to provide for continuation of Medicaid for the aged who lose SSI due to excessive earnings; (3) to deem approved self-support plans not disapproved within 30 days; (4) to require the Secretary of Health and Human Services to establish a time limit by which activities under a plan for achieving self-support must be completed; (5) to provide for the expansion of self-support plans to include housing goals; and (6) with regard to self-support plans for the aged, additional State supplementation requirements, treatment of unemployment compensation, workers' compensation, and sick pay as earned income for SSI purposes, treatment of certain grant, scholarship, or fellowship income as earned income for SSI purposes, and SSI eligibility for students temporarily abroad. Amends SSA title XIX to provide for the exclusion of income and resources under self-support plans in determining Medicaid eligibility in certain States. Title IV: Effective Date - Sets forth the effective date of this Act.

Work Incentives Amendments of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Shivwits Paiute Indian Band Settlement Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Santa Clara River, a tributary of the Virgin River, flows through the reservation of the Shivwits Paiute Indian Band. (2) The Santa Clara River is subject to erratic flows and in most years does not supply sufficient water to satisfy all existing water rights. The annual flow of the Santa Clara River is characterized by either low flows or extremely high flood flows, with very few average water years. (3) The Virgin River system is the subject of a Statutory Adjudication of Water Rights pending in the Fifth Judicial Court in and for Washington County, Utah (Civil No. 800507596). (4) The United States has been joined as a party in the Statutory Adjudication of Water Rights and has filed a water users claim asserting a reserved water right claim on behalf of the Shivwits. (5) It is the official policy of the United States, in fulfillment of its trust responsibility to Indian tribes, to promote Indian self-determination and economic self- sufficiency, and to settle the water rights claims of Indian tribes to avoid lengthy and costly litigation. (6) Any meaningful policy of Indian self-determination and economic self-sufficiency requires the development of viable Indian reservation economies. (7) The quantification of water rights and the development of water use and storage facilities is essential to the development of viable Indian reservation economies, particularly in arid western States. (8) Recognizing that final resolution of pending Statutory Adjudication litigation will take many years and entail great expense to all parties, as well as prolong uncertainty as to the availability of water supplies and impair the long-term economic planning and development of all parties, the Shivwits, the State of Utah and local water users have sought to settle disputes over water and reduce the burdens of litigation. (9) After more than 5 years of negotiation (which included participation by representatives of the United States Government), the Shivwits, the Washington County Water Conservancy District, the State of Utah, the City of St. George, the Towns of Ivins and Santa Clara and local water user companies have entered into a Memorandum of Understanding executed by the Shivwits Band on March 26, 1998, to resolve all water rights claims between and among themselves, to quantify the Shivwits' entitlement to water, and to provide for the construction of water projects to facilitate the settlement of all claims. (10) Pursuant to the Memorandum of Understanding, the Shivwits Band will receive a total of 4,000 acre-feet of water from a combination of the Santa Clara drainage and the Virgin River drainage which will be provided through the construction of the Santa Clara Project and the St. George Water Reuse Project (which are identified in the Memorandum of Understanding). (11) To advance the goals of Federal Indian policy and to fulfill the trust responsibility of the United States to the Shivwits Band, it is appropriate that the United States participate in the implementation of the Settlement Agreement and contribute funds for the construction of such project facilities. SEC. 3. DEFINITIONS. In this Act: (1) The term ``Secretary'' means the Secretary of the Interior. (2) The term ``Utah'' means the State of Utah. (3) The term ``Shivwits'' means the Shivwits Paiute Indian Band, a constituent band of the Paiute Indian Tribe of Utah, a federally recognized American Indian Tribe. (4) The term ``District'' means the Washington County Water Conservancy District. (5) The term ``St. George'' means St. George City. (6) The term ``Statutory Adjudication'' means the statutory adjudication of water rights pending in Washington County, Civil No. 800507596. (7) The term ``MOU'' means the Memorandum of Understanding executed by the Shivwits on March 26, 1998, to implement construction, operation, and maintenance of the St. George Water Reuse Project and the Santa Clara Project. (8) The term ``St. George Water Reuse Project'' means the St. George Water Reuse Project described in paragraph (2) of the MOU. (9) The term ``Santa Clara Project'' means the Santa Clara Project as described in paragraph (1) of the MOU. SEC. 4. PURPOSES. The purposes of this Act are to-- (1) approve, ratify, and incorporate by reference the Memorandum of Understanding between the Parties, and implement the construction of the St. George Water Reuse Project and the Santa Clara Project as provided for herein; and (2) authorize the actions and appropriations necessary for the United States to fulfill its obligations under this Act. SEC. 5. ST. GEORGE WATER REUSE PROJECT. (a) St. George Water Reuse Project.--The St. George Water Reuse Project shall consist of water treatment facilities, a pipeline and associated pumping and delivery facilities which will divert water from the Wastewater Treatment Plant located near St. George, Utah and transport this water for delivery and use in the Santa Clara River Basin by St. George and the Shivwits. The St. George Water Reuse Project shall be sized to deliver 2,000 acre-feet annually for use by the Shivwits, which will be in addition to the water delivered to St. George for its use. The Shivwits water shall be delivered by St. George through the St. George Water Reuse Project facilities to the eastern boundary of the Shivwits Reservation. (b) Project Construction Operation and Maintenance.--St. George shall be responsible for the engineering, construction, operation, and maintenance of the St. George Water Reuse Project. (c) Payment of Project Costs.--St. George and the Shivwits shall each be responsible for their proportionate share of the construction, operation, and maintenance costs of the St. George Water Reuse Project based on the respective quantity of water delivered to St. George and the Shivwits. (1) Share.--St. George shall fund its proportionate share of the construction, operation, and maintenance of the St. George Water Reuse Project. (2) Shivwits assistance for project.--In furtherance of the settlement of the reserved water right claims of the Shivwits, the Secretary shall make a grant in an amount equal to $15,000,000 to St. George to cover the Shivwits' portion of the construction, operation, and maintenance costs of the St. George Water Reuse Project, on the condition that-- (A) the appropriate officials of St. George provide assurances to the Secretary that St. George will carry out the St. George Water Reuse Project and provide the Shivwits with 2,000 acre-feet of water annually in a manner consistent with the MOU; (B) parties involved in the Santa Clara Project agree that the Santa Clara Project will be carried out and will provide the Shivwits up to an additional 1,900 acre-feet annually in a manner consistent with the MOU; and (C) the parties involved in the St. George Water Reuse Project and the Santa Clara Project recognize an additional 100 acre-feet annually of groundwater for the Shivwits, as provided for in section 7(c) of this Act. (3) Authorization of appropriations.--There are authorized to be appropriated to the Department of the Interior to provide for the grant under paragraph (2), $15,000,000. (d) St. George Water Reuse Project Agreement.--The parties, including the Secretary shall implement the MOU and the construction of the St. George Water Reuse Project by the execution of a St. George Water Reuse Project Agreement consistent with the provisions of this Act. SEC. 6. SANTA CLARA PROJECT. (a) Santa Clara Project.--The Santa Clara Project shall consist of a pressurized irrigation pipeline from the existing Gunlock Reservoir to the lower part of the Santa Clara River, along with main lateral pipelines. The Santa Clara Project will result in the pooling of the water rights of the Parties to the MOU, including the Shivwits. The water users shall receive their irrigation water from the Santa Clara Project based on a set delivery schedule. The water supply from the Santa Clara River for irrigation purposes shall be supplemented by groundwater provided by St. George and other water users and from the modified operation of the Gunlock Reservoir. It is projected that in an average or above average year, the Shivwits will receive 1,900 acre- feet of water from the Santa Clara Project. In a below average year, all users, including the Shivwits, shall have a proportionate reduction in the quantity of water delivered. (b) Project Funding.--The Utah Legislature and Congress have each appropriated $750,000 toward the construction of the Santa Clara Project. The District shall provide a grant of $750,000 for the construction of the Santa Clara Project. The District shall also provide funding for the project in excess of the grants. All beneficiaries of the Santa Clara Project, except the Shivwits, shall pay the District their pro rata share of costs advanced by the District for the construction of the Project in excess of the Federal, State, and District grants. (c) Project Construction, Operation, and Maintenance.--The District shall be responsible for the engineering, construction, operation, and maintenance of the Santa Clara Project. An advisory committee, including all of the parties to the MOU, will assist the District in developing the final plan and budget for the Santa Clara Project, and advise the District on related construction, operation, and maintenance matters. All project beneficiaries, including the Shivwits, shall pay their pro rata share of operation and maintenance costs. (d) Santa Clara Project Agreement.--The parties, including the Secretary, will implement the MOU and the construction of the Santa Clara Project by the execution of a Santa Clara Project Agreement consistent with the provisions of this Act. SEC. 7. SHIVWITS WATER RIGHTS. Subject to the provisions of this Act and the implementation of the MOU through the execution of a St. George Water Reuse Project Agreement and a Santa Clara Project Agreement and the construction of these 2 projects, the Shivwits' claim to water is hereby settled as follows: (1) The Shivwits will receive a total of 1,900 acre-feet annually from the Santa Clara River in an average and above average year, and will have a proportionate reduction with other Santa Clara Project water users in a below average year. The 1,900 acre-feet provided for herein shall include the 500.60 acre-feet of water under Water Right Nos. 81-2313 and 81-2425 specified in the Proposed Determination of Water Rights for the Santa Clara River-Beaver Dam Wash Division, Book No. 1 at Pages 199-200. The priority of the 1,900 acre-feet water right provided for herein for the Shivwits shall be the same priority as the other primary water users from the Santa Clara River. (2) The Shivwits will receive 2,000 acre-feet of water annually from the St. George Water Reuse Project. St. George and the Shivwits shall have an equal priority to the water provided from the St. George Water Reuse Project. (3) The Shivwits will also have the right to the groundwater produced from existing wells located on the reservation for 100 acre-feet of water annually. The priority of the Shivwits groundwater right shall be 1916. (4) The Shivwits water right, specified in paragraphs (1), (2), and (3) above, includes all water rights of every nature and description derived from the reserved water right doctrine and State water rights from all sources, both surface and underground, and includes all types and kinds of uses whatsoever and encompasses all claims asserted by and through the Shivwits and all persons and entities whose claims or rights are derived from the Shivwits. The Shivwits' water rights provided for herein shall be deemed to have the characteristics of Federal reserved water rights and shall not be subject to loss by abandonment or forfeiture for nonuse. (5) The Shivwits may use the Shivwits Water Right for either or both of the following: (A) For any purpose anywhere on the Shivwits Reservation. (B) Off the Shivwits Reservation within the Virgin River Drainage Basin in Washington County, Utah. The Shivwits or the United States on behalf of the Shivwits shall comply with the provisions of section 73-3-3, Utah Code Annotated with regard to any change in point of diversion, place, or nature of use off the Shivwits Reservation. Any off reservation use of the Shivwits Water Right shall also be in accordance with applicable Federal law. SEC. 8. INTERLOCUTORY DECREE. Following the construction of the St. George Water Reuse Project and the Santa Clara Project, the parties, including the Secretary, shall cooperate in obtaining an interlocutory decree in the Statutory Adjudication confirming the Shivwits' water right as provided for in section 7. SEC. 9. ADDITIONAL PROJECTS. (a) Beaver Dam Wash Project.--The Shivwits shall have the right to participate with the District in the development and construction of the Beaver Dam Wash Project. The Shivwits will have the right to receive up to 1,000 acre-feet of water annually from the Beaver Dam Wash Project subject to the payment of their proportionate share of construction, operation, maintenance, and repair costs. (b) Other Projects and Purchases.--Nothing in this Act shall be interpreted or construed to prevent the Shivwits from participating in other water development projects, including the Lake Powell Pipeline Project, or from purchasing additional water rights for their benefit and use. SEC. 10. ESTABLISHMENT OF TRUST FUND. (a) Establishment of Trust Fund.--There is hereby established in the Treasury a fund to be known as the Shivwits Band Resources Development Trust Fund (in this section referred to as the ``Fund''). (b) Authorization of Appropriations.--There are authorized to be appropriated-- (1) $5,000,000 for deposit, in accordance with the following schedule, in the Fund, to be expended by the Band for any water resource development costs, including costs associated with this settlement-- (A) $2,000,000 shall be deposited in the first fiscal year which commences following the date of the enactment of this Act; (B) $2,000,000 during the fiscal year next following the first fiscal year referred to in subparagraph (A); and (C) $1,000,000 during the fiscal year next following the second fiscal year referred to in subparagraph (B); and (2) such amounts as are necessary, for expenditures by the Secretary, to pay the Band's share of the construction, operation, maintenance, and replacement costs for the Gunlock Pipeline Project and the St. George Reuse Project. (c) No Per Capita Payments.--No part of the principal of the fund, or of the income accruing to such fund, or the revenue from any water use subcontract, shall be distributed to any member of the Band on a per capita basis. SEC. 11. ENVIRONMENTAL COMPLIANCE. (a) National Environmental Policy Act.--Execution of the St. George Water Reuse Agreement and the construction of the St. George Water Reuse Project shall not constitute a major Federal action under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) by reason of the participation of the Shivwits or the Secretary in the St. George Water Reuse Project. The Secretary shall comply with all other aspects of the National Environmental Policy Act of 1969, the Endangered Species Act, and other applicable environmental laws and regulations in fulfilling the terms of the Santa Clara Project and the St. George Water Reuse Project Agreements. (b) Environmental Compliance.--There is hereby authorized to be appropriated such sums as may be necessary to carry out all necessary environmental compliance associated with this settlement, including mitigation measures adopted by the Secretary. The Secretary shall pay any additional environmental compliance costs associated with the St. George Water Reuse Project and the Santa Clara Project by reason of the Shivwits' involvement in these 2 projects. (c) Bureau of Land Management.--With respect to this settlement, the Bureau of Land Management shall be designated as the lead agency in regard to environmental compliance, and shall coordinate and cooperate with the other affected Federal agencies as required under applicable environmental laws. SEC. 12. MISCELLANEOUS PROVISIONS. Nothing in the Settlement Agreement or this Act shall be construed in any way to quantify or otherwise adversely affect the land and water rights, claims, or entitlements to water of any Indian tribe, pueblo, or community, other than the Shivwits Band.

Shivwits Paiute Indian Band Settlement Act - Directs that: (1) the St. George Water Reuse Project (as described in the Memorandum of Understanding executed by the Shivwits Paiute Indian Band on March 26, 1998, to implement construction, operation, and maintenance of that Project and the Santa Clara Project (MOU)) consist of water treatment facilities, a pipeline, and associated pumping and delivery facilities which will divert and transport water from the Wastewater Treatment Plant located near St. George, Utah, for delivery and use in the Santa Clara River Basin by St. George and the Shivwits; (2) the Project be sized to deliver 2,000 acre-feet annually for use by the Shivwits, in addition to the water delivered to St. George for its use; and (3) the Shivwits water be delivered by St. George through Project facilities to the eastern boundary of the Shivwits reservation. Directs the Secretary of the Interior to make a grant of $15 million to St. George to cover the Shivwits' portion of such costs if specified conditions are met. Authorizes appropriations. Directs the parties, including the Secretary, to implement the MOU and the construction of the Project by the execution of an Agreement. (Sec. 6) Directs that the Santa Clara Project consist of a pressurized irrigation pipeline from the existing Gunlock Reservoir to the lower part of the Santa Clara River, along with main lateral pipelines. Specifies that: (1) the Project will result in the pooling of the water rights of the parties to the MOU, including the Shivwits; (2) the water users shall receive their irrigation water from the Project based on a set delivery schedule; and (3) the water supply from the River for irrigation purposes shall be supplemented by groundwater provided by St. George and other water users and from the modified operation of the Reservoir. Projects that in an average or above average year the Shivwits will receive 1,900 acre-feet of water from the Project. Directs that, in a below average year, all users, including the Shivwits, have a proportionate reduction in the quantity of water delivered. Sets forth provisions regarding Project funding, construction, operation, and maintenance. Directs the parties, including the Secretary, to implement the MOU and the construction of the Project by the execution of an Agreement. (Sec. 7) Settles the Shivwits' claim to water, subject to the provisions of this Act and the implementation of the MOU through the two Agreements and the construction of the two projects, as specified. Directs that the Shivwits: (1) receive a total of 1,900 acre-feet annually from the Santa Clara River in an average and above average year, with a proportionate reduction with other Santa Clara Project water users in a below average year; (2) receive 2,000 acre-feet of water annually from the St. George Project, with St. George and Shivwits having equal priority to the water provided from the Project; and (3) have the right to the groundwater produced from existing wells located on the reservation for 100 acre-feet of water annually. (Sec. 8) Directs the parties, including the Secretary, following construction of the Projects, to cooperate in obtaining an interlocutory decree in a pending statutory adjudication, confirming the Shivwits' water right as provided in section 7. (Sec. 9) Grants the Shivwits the right to: (1) participate with the Washington County Water Conservancy District in the development and construction of the Beaver Dam Wash Project; and (2) receive up to 1,000 acre-feet of water annually from that Project subject to the payment of their proportionate share of construction, operation, maintenance, and repair costs. (Sec. 10) Establishes in the Treasury the Shivwits Band Resources Development Trust Fund. Authorizes appropriations. (Sec. 11) Sets forth environmental compliance requirements. Authorizes appropriations to carry out all necessary environmental compliance associated with this settlement. Designates the Bureau of Land Management as the lead agency for such environmental compliance.

Shivwits Paiute Indian Band Settlement Act

SECTION 1. EMPLOYMENT INVESTIGATIONS OF PILOTS. Section 44936 of title 49, United States Code, is amended by adding at the end the following: ``(f) Records of Employment.-- ``(1) In general.--An air carrier or foreign air carrier receiving an application for employment from an individual seeking a position as a pilot may request and receive records described in paragraph (2) relating to that individual's employment from any person who has employed that individual at any time during the 10 years preceding the application. ``(2) Records to which subsection applies.--The records referred to in paragraph (1) are-- ``(A) the personnel file of the individual; ``(B) any records maintained under the regulations set forth in-- ``(i) section 121.683 of title 14, Code of Federal Regulations; ``(ii) paragraph (A) of section VI, appendix I, part 121 of title 14, Code of Federal Regulations; ``(iii) section 125.401 of title 14, Code of Federal Regulations; ``(iv) section 127.301 of title 14, Code of Federal Regulations; and ``(v) section 135.63(a)(4) of title 14, Code of Federal Regulations; and ``(C) any other records concerning-- ``(i) the training, qualifications, proficiency, or professional competence of the individual; ``(ii) any disciplinary action taken by the employer with respect to the individual; and ``(iii) the release from employment, resignation, termination, or disqualification of the individual. ``(3) Right to receive notice and copy of any record furnished.--An individual whose employment records have been requested under paragraph (1) of this subsection-- ``(A) shall receive written notice from each person providing a record in response to a request under paragraph (1) of the individual's right to receive such copies; and ``(B) is entitled to receive copies of any records provided by the individual's employer or a former employer to any air carrier or foreign air carrier. ``(4) Reasonable charges for processing requests and furnishing copies.--A person who receives a request under paragraph (1) may establish a reasonable charge for the cost of processing the request and furnishing copies of the requested records. ``(5) Standard forms.--The Administrator shall promulgate-- ``(A) standard forms which may be used by an air carrier or foreign air carrier to request records under paragraph (1) of this subsection; and ``(B) standard forms which may be used by any employer receiving a request under paragraph (1) for records to inform the individual to whom the records relate of the request and of the individual's right to receive copies of any records provided in response to the request. ``(6) Regulations.--The Administrator may prescribe such regulations as may be necessary-- ``(A) to protect the personal privacy of any individual whose records are requested under paragraph (1) of this subsection and to protect the confidentiality of those records; ``(B) to limit the further dissemination of records received under paragraph (1) of this subsection by the person who requested them; and ``(C) to ensure prompt compliance with any request under paragraph (1) of this subsection. ``(g) Limitation on Liability; Preemption of State Law.-- ``(1) Limitation on liability.--No action or proceeding may be brought by or on behalf of an individual who has applied for a position described in subsection (a)(1) of this section against-- ``(A) an air carrier or foreign air carrier with which the individual has filed such an application for requesting the individual's records under subsection (f)(1); ``(B) a person who has complied with such a request; or ``(C) an agent or employee of a person described in subparagraph (A) or (B) of this paragraph; in the nature of an action for defamation, invasion of privacy, negligence, interference with contract, or otherwise, or under any State or Federal law with respect to the furnishing or use of such records in accordance with subsection (f) of this section. ``(2) Preemption.--No State or political subdivision thereof may enact, prescribe, issue, continue in effect, or enforce any law, regulation, standard, or other provision having the force and effect of law that prohibits, penalizes, or imposes liability for furnishing or using records in accordance with subsection (f) of this section.''.

Authorizes domestic or foreign air carriers to request and receive a pilot applicant's employment record for the previous ten years of employment. Prohibits any Federal or State court action for defamation or invasion of privacy against any carrier or person with respect to the furnishing or use of such records according to the requirements of this Act.

To amend title 49, United States Code, relating to required employment investigations of pilots.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Child Summer Hunger Act of 2014''. SEC. 2. SUMMER ELECTRONIC BENEFITS TRANSFER FOR CHILDREN PROGRAM. Section 13(a) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761(a)) is amended by adding at the end the following: ``(13) Summer electronic benefits transfer for children program.-- ``(A) Definitions.--In this paragraph: ``(i) Eligible household.--The term `eligible household' means a household that includes 1 or more children who are eligible to receive free or reduced price lunches under this Act or free or reduced price breakfasts under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.). ``(ii) Summer ebt card.--The term `summer EBT card' means an electronic benefit transfer card that is issued to an eligible household under this paragraph and limited to food purchases. ``(B) Program.--The Secretary shall establish a program under which the Secretary shall provide to eligible households summer EBT cards for the purpose of providing access to food for children during summer months-- ``(i) to reduce or eliminate the food insecurity and hunger of children; and ``(ii) to improve the nutritional status of children. ``(C) Use.--An eligible household may use a summer EBT card only to purchase food from retail food stores that have been approved for participation in the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), in accordance with section 7(b) of that Act (7 U.S.C. 2016(b)). ``(D) Amount.--Each summer EBT card issued shall be in an amount of-- ``(i) for calendar year 2016, $150 in food assistance per child per summer; and ``(ii) for each subsequent calendar year, the amount specified in clause (i) as adjusted to reflect changes in reimbursement rates for school meals under this Act between calendar year 2016 and the most recent calendar year. ``(E) Timing.--Summer EBT cards shall be issued at the end of the regular school year. ``(F) Funding.-- ``(i) In general.--On October 1, 2015, and on each October 1 thereafter, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary such sums as are necessary to carry out this section, to remain available until expended. ``(ii) Receipt and acceptance.--The Secretary shall be entitled to receive, shall accept, and shall use to carry out this section the funds transferred under clause (i), without further appropriation. ``(G) Regulations.-- ``(i) In general.--Not later than October 1, 2015, the Secretary shall issue regulations to carry out this paragraph. ``(ii) Requirements.--Regulations issued under this subparagraph shall require that-- ``(I) children shall be eligible to participate and shall be enrolled into the program under this paragraph for a summer without further application if the children are enrolled to participate in the free or reduced price lunch program under this Act or the free or reduced price breakfast program under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) during the school year immediately preceding the summer; and ``(II) local educational agencies shall distribute to the families of all children enrolled in schools participating in programs authorized under this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) and, to the maximum extent practicable, the families of all children enrolled in schools of the local educational agency information, as provided by the Secretary,-- ``(aa) regarding the program authorized under this paragraph, including eligibility rules and how children in eligible households that are not automatically enrolled under subclause (I) may apply for program benefits; and ``(bb) to assist households receiving summer EBT cards in making healthy food choices and maximizing resources. ``(iii) Alternative timing.-- ``(I) In general.--In issuing regulations under this subparagraph, the Secretary shall allow alternative plans for the timing of issuance of the summer electronic benefit cards under subparagraph (D) in any part of a State in which the school year does not include a typical summer break, on the condition that the Secretary determines that no alternative plan increases or decreases Federal costs. ``(II) Considerations.--In developing regulations under subclause (I), the Secretary shall consider the ability of a State effectively to issue benefits under an alternative schedule.''. SEC. 3. DEFER DEDUCTION OF INTEREST EXPENSE RELATED TO DEFERRED INCOME. (a) In General.--Section 163 of the Internal Revenue Code of 1986 (relating to deductions for interest expense) is amended by redesignating subsection (n) as subsection (o) and by inserting after subsection (m) the following new subsection: ``(n) Deferral of Deduction for Interest Expense Related to Deferred Income.-- ``(1) General rule.--The amount of foreign-related interest expense of any taxpayer allowed as a deduction under this chapter for any taxable year shall not exceed an amount equal to the applicable percentage of the sum of-- ``(A) the taxpayer's foreign-related interest expense for the taxable year, plus ``(B) the taxpayer's deferred foreign-related interest expense. For purposes of this paragraph, the applicable percentage is the percentage equal to the current inclusion ratio. ``(2) Treatment of deferred deductions.--If, for any taxable year, the amount of the limitation determined under paragraph (1) exceeds the taxpayer's foreign-related interest expense for the taxable year, there shall be allowed as a deduction for the taxable year an amount equal to the lesser of-- ``(A) such excess, or ``(B) the taxpayer's deferred foreign-related interest expense. ``(3) Definitions and special rule.--For purposes of this subsection-- ``(A) Foreign-related interest expense.--The term `foreign-related interest expense' means, with respect to any taxpayer for any taxable year, the amount which bears the same ratio to the amount of interest expense for such taxable year allocated and apportioned under sections 861, 864(e), and 864(f) to income from sources outside the United States as-- ``(i) the value of all stock held by the taxpayer in all section 902 corporations with respect to which the taxpayer meets the ownership requirements of subsection (a) or (b) of section 902, bears to ``(ii) the value of all assets of the taxpayer which generate gross income from sources outside the United States. ``(B) Deferred foreign-related interest expense.-- The term `deferred foreign-related interest expense' means the excess, if any, of the aggregate foreign- related interest expense for all prior taxable years beginning after December 31, 2014, over the aggregate amount allowed as a deduction under paragraphs (1) and (2) for all such prior taxable years. ``(C) Value of assets.--Except as otherwise provided by the Secretary, for purposes of subparagraph (A)(ii), the value of any asset shall be the amount with respect to such asset determined for purposes of allocating and apportioning interest expense under sections 861, 864(e), and 864(f). ``(D) Current inclusion ratio.--The term `current inclusion ratio' means, with respect to any domestic corporation which meets the ownership requirements of subsection (a) or (b) of section 902 with respect to one or more section 902 corporations for any taxable year, the ratio (expressed as a percentage) of-- ``(i) the sum of all dividends received by the domestic corporation from all such section 902 corporations during the taxable year plus amounts includible in gross income under section 951(a) from all such section 902 corporations, in each case computed without regard to section 78, divided by ``(ii) the aggregate amount of post-1986 undistributed earnings. ``(E) Aggregate amount of post-1986 undistributed earnings.--The term `aggregate amount of post-1986 undistributed earnings' means, with respect to any domestic corporation which meets the ownership requirements of subsection (a) or (b) of section 902 with respect to one or more section 902 corporations, the domestic corporation's pro rata share of the post- 1986 undistributed earnings (as defined in section 902(c)(1)) of all such section 902 corporations. ``(F) Foreign currency conversion.--For purposes of determining the current inclusion ratio, and except as otherwise provided by the Secretary, the aggregate amount of post-1986 undistributed earnings for the taxable year shall be determined by translating each section 902 corporation's post-1986 undistributed earnings into dollars using the average exchange rate for such year. ``(G) Section 902 corporation.--The term `section 902 corporation' has the meaning given to such term by section 909(d)(5). ``(4) Treatment of affiliated groups.--The current inclusion ratio of each member of an affiliated group (as defined in section 864(e)(5)(A)) shall be determined as if all members of such group were a single corporation. ``(5) Application to separate categories of income.--This subsection shall be applied separately with respect to the categories of income specified in section 904(d)(1). ``(6) Regulations.--The Secretary may prescribe such regulations or other guidance as is necessary or appropriate to carry out the purposes of this subsection, including regulations or other guidance providing-- ``(A) for the proper application of this subsection with respect to changes in ownership of a section 902 corporation, ``(B) that certain corporations that otherwise would not be members of the affiliated group will be treated as members of the affiliated group for purposes of this subsection, ``(C) for the proper application of this subsection with respect to the taxpayer's share of a deficit in earnings and profits of a section 902 corporation, ``(D) for appropriate adjustments to the determination of the value of stock in any section 902 corporation for purposes of this subsection or to the foreign-related interest expense to account for income that is subject to tax under section 882(a)(1), and ``(E) for the proper application of this subsection with respect to interest expense that is directly allocable to income with respect to certain assets.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2014.

Stop Child Summer Hunger Act of 2014 - Amends the Richard B. Russell National School Lunch Act to require the Secretary of Agriculture (USDA) to establish a program providing eligible households with summer Electronic Benefits Transfer (EBT) cards that give children access to food during the summer months to: (1) reduce or eliminate children's food insecurity and hunger, and (2) improve their nutritional status. Defines an "eligible household" as a household that includes one or more children who are eligible to receive free or reduced price meals under the school lunch or breakfast programs. Sets the amount on each summer EBT card at $150 per child in 2016, with adjustments thereafter reflecting changes in reimbursement rates for school meals under the school lunch program. Requires children to be enrolled in the program without further application if they are enrolled to receive free or reduced price meals under the school lunch or breakfast programs. Requires summer EBT cards to be used only to purchase food from retail food stores that have been approved for participation in the supplemental nutrition assistance program (SNAP, formerly known as the food stamp program). Amends the Internal Revenue Code to limit the amount of a taxpayer's foreign-related interest expense that is allowed as a deduction for any taxable year. Sets that limit pursuant to a formula that takes into account a domestic corporation's undistributed foreign earnings.

Stop Child Summer Hunger Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Blackstone River Valley National Heritage Corridor Amendments Act of 1993''. SEC. 2. BOUNDARY CHANGES. Section 2 of the Act entitled ``An Act to establish the Blackstone River Valley National Heritage Corridor in Massachusetts and Rhode Island'', approved November 10, 1986 (Public Law 99-647; 16 U.S.C. 461 note), is amended by striking the first sentence and inserting the following new sentence: ``The boundaries shall include the lands and water generally depicted on the map entitled Blackstone River Valley National Heritage Corridor Boundary Map, numbered BRV-80-80,011, and dated May 2, 1993.''. SEC. 3. TERMS. Section 3(c) of the Act entitled ``An Act to establish the Blackstone River Valley National Heritage Corridor in Massachusetts and Rhode Island'', approved November 10, 1986 (Public Law 99-647; 16 U.S.C. 461 note), is amended by inserting immediately before the period at the end the following: ``, but may continue to serve after the expiration of this term until a successor has been appointed.''. SEC. 4. REVISION OF PLAN. Section 6 of the Act entitled ``An Act to establish the Blackstone River Valley National Heritage Corridor in Massachusetts and Rhode Island'', approved November 10, 1986 (Public Law 99-647; 16 U.S.C. 461 note), is amended by adding at the end the following new subsection: ``(d) Revision of Plan.--(1) Not later than 1 year after the date of enactment of this subsection, the Commission, with the approval of the Secretary, shall revise the Cultural Heritage and Land Management Plan. The revision shall address the boundary change and shall include a natural resource inventory of areas or features that should be protected, restored, managed, or acquired because of their contribution to the understanding of national cultural landscape values. ``(2) No changes other than minor revisions may be made in the approved plan as amended without the approval of the Secretary. The Secretary shall approve or disapprove any proposed change in the plan, except minor revisions, in accordance with subsection (b).''. SEC. 5. EXTENSION OF COMMISSION. Section 7 of the Act entitled ``An Act to establish the Blackstone River Valley National Heritage Corridor in Massachusetts and Rhode Island'', approved November 10, 1986 (Public Law 99-647; 16 U.S.C. 461 note), is amended to read as follows: ``termination of commission ``Sec. 7. (a) Termination.--Except as provided in subsection (b), the Commission shall terminate on the date that is 10 years after the date of enactment of the Blackstone River Valley National Heritage Corridor Amendments Act of 1993. ``(b) Extension.--The Commission may be extended for additional terms of consecutive 10-year periods if-- ``(1) not later than 180 days before the termination of the Commission, the Commission determines that an extension is necessary to carry out this Act; ``(2) the Commission submits a proposed extension to the appropriate committees of the Senate and the House of Representatives; and ``(3) the Secretary, the Governor of Massachusetts, and the Governor of Rhode Island each approve the extension. ``(c) Determination of Approval.--The Secretary shall approve the extension if the Secretary finds that-- ``(1) the Governor of Massachusetts and the Governor of Rhode Island provide adequate assurances of continued tangible contribution and effective policy support toward achieving the purposes of this Act; and ``(2) the Commission is effectively assisting Federal, State, and local authorities to retain, enhance, and interpret the distinctive character and nationally significant resources of the Corridor.''. SEC. 6. IMPLEMENTATION OF THE PLAN. Subsection (c) of section 8 of the Act entitled ``An Act to establish the Blackstone River Valley National Heritage Corridor in Massachusetts and Rhode Island'', approved November 10, 1986 (Public Law 99-647; 16 U.S.C. 461 note), is amended to read as follows: ``(c) Implementation.--(1) To assist in the implementation of the Cultural Heritage and Land Management Plan in a manner that is consistent with the purposes of this Act and for the preservation and restoration of structures on or eligible for inclusion on the National Register of Historic Places, the Secretary is authorized to provide funds for projects in the Corridor that exhibit national significance or provide a wide spectrum of historic, recreational, environmental, educational, or interpretive opportunities, without regard to whether the projects are in public or private ownership. ``(2) To be eligible for funds under this section, the Commission shall submit an application to the Secretary that includes-- ``(A) a 10-year development plan including those resource protection needs and projects critical to maintaining or interpreting the distinctive character of the Corridor; and ``(B) specific descriptions of annual work programs that have been assembled, the participating parties, roles, cost estimates, cost-sharing, or cooperative agreements necessary to carry out the development plan. ``(3) Funds made available pursuant to this subsection shall not exceed 50 percent of the total cost of the work programs. ``(4) In making the funds available, the Secretary shall give priority to projects that attract greater non- Federal funding sources. ``(5) Any payment made for the purposes of conservation or restoration of real property or structures shall be subject to an agreement either-- ``(A) to convey a conservation or preservation easement to the Department of Environmental Management or to the Historic Preservation Commission, as appropriate, of the State in which the real property or structure is located; or ``(B) that conversion, use, or disposal of the resources so assisted for purposes contrary to the purposes of this Act, as determined by the Secretary, the recipient, his successors or assigns shall pay to the United States the total cost of all Federal funds made available to such project reduced pro rata over the useful life of the improvements funded or the increased value of the project attributable to the funds as determined at the time of the conversion, use, or disposal, whichever is greater. ``(6) The authority to determine that a conversion, use, or disposal of resources has been carried out contrary to the purposes of this Act in violation of an agreement entered into under paragraph (5)(A) shall be solely at the discretion of the Secretary.''. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. Section 10 of the Act entitled ``An Act to establish the Blackstone River Valley National Heritage Corridor in Massachusetts and Rhode Island'', approved November 10, 1986 (Public Law 99-647; 16 U.S.C. 461 note), is amended-- (1) in subsection (a), by striking ``$350,000'' and inserting ``$650,000''; and (2) by amending subsection (b) to read as follows: ``(b) Development Funds.--For fiscal years 1994, 1995, and 1996, there is authorized to be appropriated to carry out section 8(c), $5,000,000 in the aggregate, and for each fiscal year thereafter, such sums as are necessary.''.

Blackstone River Valley National Heritage Corridor Amendments Act of 1993 - Modifies the boundaries of the Blackstone River Valley National Heritage Corridor pursuant to a specified Act (the Act). Requires the Blackstone River Valley National Heritage Corridor Commission to revise the Cultural Heritage and Land Management Plan to address the boundary change and include a natural resource inventory of areas or features that should be protected, restored, managed, or acquired because of their contribution to the understanding of national cultural landscape values. Prohibits changes other than minor revisions in the approved plan as amended without the approval of the Secretary of the Interior. Extends the date of termination of the Commission until ten (currently, five) years after the Act's enactment, subject to specified conditions. Directs the Secretary to approve an extension if the Secretary finds that: (1) the Governors of Massachusetts and Rhode Island provide adequate assurances of continued tangible contribution and effective policy support toward achieving the purposes of the Act; and (2) the Commission is effectively assisting Federal, State, and local authorities to retain, enhance, and interpret the distinctive character and nationally significant resources of the Corridor. Authorizes the Secretary to provide funds for projects in the Corridor that exhibit national significance or provide a wide spectrum of historic, recreational, environmental, educational, or interpretive opportunities, without regard to whether the projects are in public or private ownership, subject to specified requirements. Increases and extends the authorization of appropriations.

Blackstone River Valley National Heritage Corridor Amendments Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Forest System Trails Stewardship Act of 2014''. SEC. 2. FINDINGS. Congress finds as follows: (1) The National Forest System features a world-class trail system with over 158,000 miles of trails that provide world- class opportunities for hiking, horseback riding, hunting, mountain bicycling, motorized vehicles, and other outdoor activities. (2) According to the Government Accountability Office, the Forest Service is only able to maintain about one-quarter of National Forest System trails to the agency standard, and the agency faces a trail maintenance backlog of $314,000,000, and an additional backlog of $210,000,000 in annual maintenance, capital improvements, and operations. (3) The lack of maintenance on National Forest System trails threatens access to public lands, and may cause increased environmental damage, threaten public safety, and increase future maintenance costs. (4) Federal budget limitations require solutions to National Forest System trail maintenance issues that make more efficient use of existing resources. (5) Volunteers, partners, and outfitters and guides play an important role in maintaining National Forest System trails, and a comprehensive strategy is needed to ensure that volunteers and partners are used as effectively as possible. SEC. 3. DEFINITIONS. In this Act: (1) Administrative unit.--The term ``Administrative Unit'' means a national forest or national grassland. (2) Outfitter or guide.--The term ``outfitter or guide'' means an individual, organization, or business who provides outfitting or guiding services, as defined in section 251.51 of title 36, Code of Federal Regulations. (3) Partner.--The term ``partner'' means a non-Federal entity that engages in a partnership. (4) Partnership.--The term ``partnership'' means arrangements between the Department of Agriculture or the Forest Service and a non-Federal entity that are voluntary, mutually beneficial, and entered into for the purpose of mutually agreed upon objectives. (5) Priority area.--The term ``priority area'' means a well-defined region on National Forest System land selected by the Secretary under section 5(a). (6) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (7) Strategy.--The term ``strategy'' means the National Forest System Trails Volunteer and Partnership Strategy authorized by section 4(a). (8) Trail maintenance.--The term ``trail maintenance'' means any activity to maintain the usability and sustainability of trails within the National Forest System, including-- (A) ensuring trails are passable by the users for which they are managed; (B) preventing environmental damage resulting from trail deterioration; (C) protecting public safety; and (D) averting future deferred maintenance costs. (9) Volunteer.--The term ``Volunteer'' has the same meaning given that term in section 553.101 of title 29, Code of Federal Regulations. SEC. 4. NATIONAL FOREST SYSTEM TRAILS VOLUNTEER AND PARTNERSHIP STRATEGY. (a) In General.--Not later than 2 years after the date of the enactment of this Act, the Secretary shall publish in the Federal Register a strategy to significantly increase the role of volunteers and partners in trail maintenance. (b) Required Elements.--The strategy required by subsection (a) shall-- (1) augment and support the capabilities of Federal employees to carry out or contribute to trail maintenance; (2) provide meaningful opportunities for volunteers and partners to carry out trail maintenance in each region of the Forest Service; (3) address the barriers to increased volunteerism and partnerships in trail maintenance identified by volunteers, partners, and others; (4) prioritize increased volunteerism and partnerships in trail maintenance in those regions with the most severe trail maintenance needs, and where trail maintenance backlogs are jeopardizing access to National Forest lands; and (5) aim to increase trail maintenance by volunteers and partners by 100 percent by the date that is 5 years after the date of the enactment of this Act. (c) Additional Requirement.--As a component of the strategy, the Secretary shall study opportunities to improve trail maintenance by addressing opportunities to use fire crews in trail maintenance activities in a manner that does not jeopardize firefighting capabilities, public safety, or resource protection. Upon a determination that trail maintenance would be advanced by use of fire crews in trail maintenance, the Secretary shall incorporate these proposals into the strategy, subject to such terms and conditions as the Secretary determines to be necessary. (d) Volunteer Liability.-- (1) In general.--Section 3(d) of Public Law 92-300 (16 U.S.C. 558a (note), 558a-558d; 86 Stat. 147) is amended by adding ``, including a volunteer affiliated with a partner organization,'' after ``title''. (2) Additional requirement.--Not later than 2 years after the date of the enactment of this Act, the Secretary shall adopt regulations implementing this section. These regulations shall ensure that the financial risk from claims or liability associated with volunteers undertaking trail maintenance is shared by all administrative units. (e) Consultation.--The Secretary shall develop the strategy in consultation with volunteer and partner trail maintenance organizations, a broad array of outdoor recreation stakeholders, and other relevant stakeholders. (f) Volunteer and Partnership Coordination.--The Secretary shall require each administrative unit to develop a volunteer and partner coordination implementation plan for the strategy which clearly defines roles and responsibilities for the administrative unit and district staff, and includes strategies to ensure sufficient coordination, assistance, and support for volunteers and partners to improve trail maintenance. (g) Report.-- (1) Contents.--The Secretary shall prepare a report on-- (A) the effectiveness of the strategy in addressing the trail maintenance backlog; (B) the increase in volunteerism and partnership efforts on trail maintenance as a result of the strategy; (C) the miles of National Forest System trails maintained by volunteers and partners, and the approximate value of the volunteer and partnership efforts; (D) the status of the stewardship credits for outfitters and guides pilot program described in section 7 that includes the number of participating sites, total amount of the credits offered, estimated value of trail maintenance performed, and suggestions for revising the program; and (E) recommendations for further increasing volunteerism and partnerships in trail maintenance. (2) Submission.--Not later than 3 years after the date of enactment of this Act, the Secretary shall submit the report required by paragraph (1) to-- (A) the Committee on Energy and Natural Resources of the Senate; and (B) the Committee on Natural Resources of the House of Representatives. SEC. 5. PRIORITY TRAIL MAINTENANCE PROGRAM. (a) Selection.--In accordance with subsections (b) and (c), not later than 6 months after the date of the enactment of this Act, the Secretary of Agriculture shall select no fewer than 9 and no more than 15 priority areas for increased trail maintenance accomplishments. (b) Criteria.--Priority areas shall include a well-defined region on National Forest System land where the lack of trail maintenance has-- (1) reduced access to public land; (2) led to an increase, or risk of increase, in harm to natural resources; (3) jeopardized public safety; (4) resulted in trails being impassible by the intended managed users; or (5) increased future deferred trail maintenance costs. (c) Requirements.--In selecting priority areas, the Secretary shall-- (1) consider any public input on priority areas received within 3 months of the date of enactment of this Act; and (2) select at least one priority area in each region of the United States Forest Service. (d) Increased Trail Maintenance.-- (1) In general.--Within 6 months of the selection of priority areas under subsection (a), and in accordance with paragraph (2), the Secretary shall develop an approach to substantially increase trail maintenance accomplishments within each priority area. (2) Contents.--In developing the approach under paragraph (1), the Secretary shall-- (A) consider any public input on trail maintenance priorities and needs within any priority area; (B) consider the costs and benefits of increased trail maintenance within each priority area; and (C) incorporate partners and volunteers in the trail maintenance. (3) Required trail maintenance.--Utilizing the approach developed under paragraph (1), the Secretary shall substantially increase trail maintenance within each priority area. (e) Coordination.--The regional volunteer and partnership coordinators may be responsible for assisting partner organizations in developing and implementing volunteer and partnership projects to increase trail maintenance within priority areas. (f) Revision.--The Secretary shall periodically review the priority areas to determine whether revisions are necessary and may revise the priority areas, including the selection of new priority areas or removal of existing priority areas, at his sole discretion. SEC. 6. COOPERATIVE AGREEMENTS. (a) In General.--The Secretary may enter into a cooperative agreement (within the meaning of chapter 63 of title 31, United States Code) with any State, tribal, local governmental, and private entity to carry out this Act. (b) Contents.--Cooperative agreements authorized under this section may-- (1) improve trail maintenance in a priority area; (2) implement the strategy; or (3) advance trail maintenance in a manner deemed appropriate by the Secretary. SEC. 7. STEWARDSHIP CREDITS FOR OUTFITTERS AND GUIDES. (a) Pilot Program.--Within 1 year after the date of enactment of this Act, in accordance with this section, the Secretary shall establish a pilot program on not less than 20 administrative units to offset all or part of the land use fee for an outfitting and guiding permit by the cost of the work performed by the permit holder to construct, improve, or maintain National Forest System trails, trailheads, or developed sites that support public use under terms established by the Secretary. (b) Additional Requirements.--In establishing the pilot program authorized by subsection (a), the Secretary shall-- (1) select administrative units where the pilot program will improve trail maintenance; and (2) establish appropriate terms and conditions.

National Forest System Trails Stewardship Act of 2014 - Directs the Department of Agriculture (USDA) to publish a national strategy to significantly increase the role of volunteers and partners in trail maintenance. Requires the strategy to: (1) augment and support the capabilities of federal employees to carry out or contribute to trail maintenance; (2) provide opportunities for volunteers and partners to carry out trail maintenance in each region of the Forest Service; (3) address the barriers to increased volunteerism and partnerships; (4) prioritize increased volunteerism and partnerships in those regions with the most severe trail maintenance needs, and where backlogs are jeopardizing access to national forest lands; and (5) aim to increase trail maintenance by volunteers and partners by 100% within 5 years. Directs USDA to study opportunities to improve trail maintenance by addressing opportunities to use fire crews in trail maintenance activities. Deems a volunteer with a partner organization to be considered a federal employee for the purposes of civil claims relating to damage to, or loss of, personal property of a volunteer incident to volunteer services. Sets forth provisions for the selection of priority areas for increased trail maintenance accomplishments. Directs USDA to establish a pilot program to offset all or part of the land use fee for outfitting and guiding permits.

National Forest System Trails Stewardship Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Housing Privatization Initiatives Projects Oversight and Accountability Act of 2007''. SEC. 2. IMPROVED OVERSIGHT AND ACCOUNTABILITY FOR MILITARY HOUSING PRIVATIZATION INITIATIVE PROJECTS. (a) In General.--Subchapter IV of chapter 169 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 2885. Oversight and accountability for privatization projects ``(a) Guaranteed Maximum Price Contract and Performance Schedule.-- ``(1) In general.--Each military housing privatization initiative project shall be carried out under a guaranteed maximum price contract and accompanied by a performance schedule. ``(2) Terms.--Each contract under this subsection shall be reviewed by an independent third party and certified as reasonable and consistent with local construction prices and geographic costs of living standards established by the Department of Defense. ``(b) Oversight and Accountability Measures.--Each Secretary concerned shall prescribe regulations to effectively oversee and manage military housing privatization initiative projects under the Secretary's jurisdiction in order to maintain project performance and schedule. The regulations shall include the following requirements for each privatization project: ``(1) Monthly site visits.--The chief engineering officer at the local military installation shall conduct monthly site visits and provide reports on the progress of the privatization project. The reports shall be endorsed by the commander at such installation and submitted quarterly to the chief officer for installations and environment of the respective military department and the Deputy Under Secretary of Defense for Installations and Environment. ``(2) Monthly meetings.--The chief engineering officer at the local military installation, and, as applicable, the resident construction manager, privatization asset manager, bondholder representative, project owner, developer, general contractor, and construction consultant for the project shall conduct monthly meetings to ensure that the project meets performance and schedule requirements and that appropriate operating and ground lease agreements are in place and adhered to. ``(3) Notices of deficiency.--If a project is 90 days or more behind schedule or more than 20 percent over budget, the chief officer for installations and environment of the respective military department shall submit a notice of deficiency to the Deputy Under Secretary of Defense for Installations and Environment, the Secretary concerned, the bondholder representative, and the trustee for the project. ``(4) Correction of deficiencies.-- ``(A) Cure notice.--Not later than 15 days after the submittal of a notice of deficiency under paragraph (3), the Secretary concerned shall submit to the project owner, developer, or general contractor responsible for the project a summary of deficiencies, or cure notice, related to the project. ``(B) Official letter of notice.--If the project owner, developer, or general contractor responsible for the project is unable, within 30 days after receiving a cure notice under subparagraph (A), to make progress on the issues outlined in such notice, the Secretary concerned shall submit to the project owner, developer, or general contractor, the bondholder representative, and the trustee an official letter of notice addressing the deficiencies and detailing the corrective actions that should be taken to correct the deficiencies. ``(C) Certification required to continue certain projects.--If the project owner, developer, or general contractor responsible for the privatization project is unable, within 60 days after receiving a cure notice under subparagraph (A), to make progress on the issues outlined in such notice, the Deputy Under Secretary of Defense for Installations and Environment shall certify to the congressional defense committees that continuing the project is in the best interest of the United States or the project shall be terminated for default. ``(c) Options for Combining Deficient Projects With Projects of Other Military Departments.--Before terminating a ground lease or foreclosing on a military construction privatization project, the Secretary concerned, in conjunction with the Deputy Under Secretary of Defense for Installations and Environment, shall examine options for combining the project with a planned project or projects for which a request for proposal or request for qualification is expected to be issued within 180 days by another military department. ``(d) Availability of Sufficient Reserves.--The Secretary concerned shall ensure that sufficient funds are available for the completion of each military housing privatization initiative project to provide for the timely completion of the project in the event of default, including to provide for the payment of subcontractors for the performance of work already accomplished and necessary to complete the project. ``(e) Conditional Release of Payments for Projects.-- ``(1) Sequestration of funds.--Each contract or agreement for a military housing privatization initiative project shall provide for the sequestration of funds to be paid under such contract or agreement into a separate account to be known as the `project lockbox'. ``(2) Release of funds.--Funds sequestered under paragraph (1) shall not be paid to the project owner, developer, or general contractor under the project contract or agreement until the Secretary concerned is provided a report signed by the project owner, developer, or general contractor, the bondholder representative, the trustee, and construction consultant that includes the following: ``(A) A detailed list of payments to be made under the contract or agreement. ``(B) The amount of each such payment. ``(C) The total amount of such payments that have been made to date. ``(D) A comparison between-- ``(i) the percentage of the total capital sources for the project that have been expended; and ``(ii) the percentage of work that has been completed on the project. ``(f) Community Meetings.-- ``(1) In general.--Whenever a military construction privatization project is awarded, the chief officer for installations and environment of the respective military department and the commanding officer of the local military installation shall hold a meeting with the local community to communicate the following information: ``(A) The nature of the project. ``(B) Any contractual arrangements. ``(C) Potential liabilities to local construction management companies and subcontractors. ``(2) Publication in federal register.--The requirement under paragraph (1) may be met by publishing the information described in such paragraph on the Federal Business Opportunities (FedBizOpps) Internet website. ``(g) Required Qualifications.--The Secretary concerned shall certify that the project owner, developer, or general contractor that is selected for each military housing privatization initiative project has construction experience commensurate with that required to complete the project. ``(h) Required Bonding Levels.-- ``(1) In general.--Except as provided in paragraph (2), the Secretary concerned shall ensure that the project owner, developer, or general contractor responsible for a military housing privatization initiative project is fully bonded for the project, including by obtaining payment and performance bonds in an amount not less than 100 percent of the maximum price allowable under the contract or agreement for the overall project and each phase of the project. ``(2) Exceptions.-- ``(A) Waiver.--The Deputy Under Secretary of Defense for Installations and Environment may waive the bonding requirement under paragraph (1) to permit a bonding level as low as 50 percent. Notice of such waiver shall be submitted to the congressional defense committees, including the rationale for such lower bonding level. ``(B) Alternative securities.--The Secretary concerned may accept in lieu of the full bonding required under paragraph (1) an alternative type of security, including a corporate guarantee, if the Secretary determines that such security meets or exceeds the levels of coverage required under such paragraph. Notice of such alternative security shall be submitted to the congressional defense committees, including the rationale for accepting such alternative security. ``(i) Certifications Regrading Previous Bankruptcy Declarations.-- If a military department awards a contract or agreement for a military housing privatization initiative project to a project owner, developer, or general contractor that has previously declared bankruptcy, the Secretary concerned shall specify in the notification to Congress of the project award the extent to which the issues related to the previous bankruptcy impact the ability of the project owner, developer, or general contractor to complete the project. ``(j) Communication Regarding Poor Performance.--The Deputy Under Secretary of Defense for Installations and Environment shall prescribe regulations to provide for regular and appropriate communication between representatives of the military departments and bondholders for military housing privatization initiative projects to ensure timely action to address inadequate performance in carrying out projects. ``(k) Reporting of Efforts To Select Successor in Event of Default.--In the event a military housing privatization initiative project enters into default, the chief officer for installations and environment of the respective military department shall submit a report to the congressional defense committees every 30 days detailing the status of negotiations to award the project to a new project owner, developer, or general contractor. ``(l) Effect of Unsatisfactory Performance Rating on Affiliated Entities.--In the event the project owner, developer, or general contractor for a military construction project receives an unsatisfactory performance rating due to poor performance, each parent, subsidiary, affiliate, or other controlling entity of such owner, developer, or contractor shall also receive an unsatisfactory performance rating. ``(m) Effect of Cure Notices on Contractors and Affiliated Entities.-- ``(1) In general.--The Deputy Under Secretary of Defense for Installations and Environment shall keep a record of all plans of action or cure notices issued to a project owner, developer, or general contractor under subsection (b)(4), including the identity of each parent, subsidiary, affiliate, or other controlling entity of such owner, developer, or contractor. ``(2) Consultation.--Each military department shall consult the records maintained under paragraph (1) when reviewing the past performance of owners, developers, and contractors in the bidding process for a contract or other agreement for a military housing privatization initiative project. ``(n) Annual Reports.--Each Secretary concerned shall submit to the congressional defense committees an annual report outlining lessons learned from the selection, approval, and implementation of military housing privatization initiative projects by the respective military department.''. (b) Clerical Amendment.--The table of sections at the beginning of such subchapter is amended by adding at the end the following new item: ``2885. Oversight and accountability for privatization projects.''.

Military Housing Privatization Initiatives Projects Oversight and Accountability Act of 2007 - Requires each military housing privatization initiative project to be carried out under a guaranteed maximum price contract (to be reviewed by an independent third party) and accompanied by a performance schedule. Requires each Secretary concerned to prescribe regulations for effective oversight and management of projects under the Secretary's jurisdiction. Establishes requirements for: (1) combining projects in the event of termination of a lease or foreclosure on a project; (2) funding reserves; (3) sequestration and release of funds to be paid under a contract; (4) community meetings to convey project information; (5) certification of construction experience; (6) bonding levels; and (7) communication, review, and the effect of unsatisfactory performance or default (including the selection of a successor contractor). Requires annual reports on lessons learned regarding the operation of military housing privatization initiative projects.

A bill to provide for improved oversight of and accountability for military housing privatization initiative projects.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cardiomyopathy Health Education, Awareness, Risk Assessment, and Training in the Schools (HEARTS) Act of 2011''. SEC. 2. MATERIALS AND RESOURCES TO INCREASE EDUCATION AND AWARENESS OF CARDIOMYOPATHY AMONG SCHOOL ADMINISTRATORS, EDUCATORS, AND FAMILIES. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following new section: ``SEC. 399V-6. MATERIALS AND RESOURCES TO INCREASE EDUCATION AND AWARENESS OF CARDIOMYOPATHY AMONG SCHOOL ADMINISTRATORS, EDUCATORS, AND FAMILIES. ``(a) Materials and Resources.--Not later than 18 months after the date of the enactment of this section, the Secretary of Health and Human Services (in this section referred to as the `Secretary'), in conjunction with the Director of the Centers for Disease Control and Prevention (in this section referred to as the `Director') and in consultation with national patient advocacy and health professional organizations expert in all forms of cardiomyopathy, shall develop public education and awareness materials and resources to be disseminated to school administrators, educators, school health professionals, coaches, families, and other appropriate individuals. The materials and resources shall include-- ``(1) background information to increase education and awareness of cardiomyopathy among school administrators, educators, and families; ``(2) a cardiomyopathy risk assessment worksheet for use by parents, guardians, or other caregivers; ``(3) guidelines regarding the placement of automated external defibrillators in schools and child care centers; ``(4) training information on automated external defibrillators and cardiopulmonary resuscitation; and ``(5) recommendations for how schools and child care centers can develop and implement a cardiac emergency response plan. ``(b) Development of Materials and Resources.--The Secretary, through the Director, shall develop and update as necessary and appropriate the materials and resources under subsection (a) and, in support of such effort, the Secretary is encouraged to-- ``(1) establish an advisory panel composed of-- ``(A) representatives from multiple national patient advocacy organizations and medical professionals expert in all forms of cardiomyopathy; ``(B) a representative from the Centers for Disease Control and Prevention; and ``(C) representatives from other relevant Federal agencies; and ``(2) engage in a memorandum of understanding or cooperative agreement with a national nonprofit advocacy organization expert in all forms of cardiomyopathy. ``(c) Dissemination of Materials and Resources.--Not later than 30 months after the date of the enactment of this section, the Secretary, through the Director, shall disseminate the materials and resources under subsection (a) in accordance with the following: ``(1) Distribution by state education agencies.--The Secretary shall make available such materials and resources to State educational agencies to distribute-- ``(A) to school administrators, educators, school health professionals, coaches and parents, guardians, or other caregivers, the cardiomyopathy education and awareness materials and resources under subsection (a); ``(B) to parents, guardians, or other caregivers, the cardiomyopathy risk assessment worksheet described in subsection (a)(2); and ``(C) to school administrators and school health professionals, the-- ``(i) guidelines described in subsection (a)(3); ``(ii) training information described in subsection (a)(4); and ``(iii) recommendations described in subsection (a)(5). ``(2) Dissemination to health departments and professionals.--The Secretary shall make available such materials and resources to State and local health departments, pediatricians, hospitals, and other health professionals, such as nurses and first responders. ``(3) Posting on website.-- ``(A) CDC.-- ``(i) In general.--The Secretary, through the Director, shall post the materials and resources developed under subsection (a) on the public Internet website of the Centers for Disease Control and Prevention. ``(ii) Additional information.--The Director is encouraged to maintain on such public Internet website such additional information regarding cardiomyopathy as deemed appropriate by the Director. ``(B) State education agencies.--State educational agencies are encouraged to create public Internet webpages dedicated to cardiomyopathy and post the materials and resources developed under subsection (a) on such webpages. ``(d) Report to Congress.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report identifying the steps taken to increase public education and awareness of cardiomyopathy as outlined under this section. ``(e) Definitions.--For purposes of this section: ``(1) Cardiomyopathy.--The term `cardiomyopathy' means a rare heart condition, which is a disease of the heart muscle (myocardium)-- ``(A) the symptoms of which may vary from case to case, including-- ``(i) in some cases, the presentation of no symptoms (asymptomatic); ``(ii) in many cases, the symptoms of a progressive condition that may result in an impaired ability of the heart to pump blood, fatigue, irregular heart-beats (arrhythmia), and, potentially, sudden cardiac death or heart failure; and ``(B) the recognized types of which include dilated, hypertrophic, restrictive, arrhythmogenic right ventricular dysplasia, and left ventricular noncompaction. ``(2) School administrators.--The term `school administrator' means a principal, director, manager, or other supervisor or leader within an elementary school or secondary school (as such terms are defined under section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)), State-based early education program, or child care center. ``(3) Schools.--The term `school' means an early education program, child care center, or elementary school or secondary school (as such terms are so defined). ``(4) National nonprofit advocacy organizations expert in all forms of cardiomyopathy.--The term `national nonprofit advocacy organizations expert in all forms of cardiomyopathy' means organizations that provide support services to families or fund research, and work to increase public awareness and education regarding all types of cardiomyopathy. ``(f) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated $1,000,000 for fiscal year 2013, $750,000 for fiscal year 2014, and $500,000 for each of fiscal years 2015 through 2017.''.

Cardiomyopathy Health Education, Awareness, Risk Assessment, and Training in the Schools (HEARTS) Act of 2011 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS), in conjunction with the Director of the Centers for Disease Control and Prevention (CDC), to develop and provide for dissemination to school administrators, educators, school health professionals, coaches, and families, as well as to state and local health departments, pediatricians, hospitals, and other health professionals, of public education and awareness materials and resources that include: (1) background information to increase education and awareness of cardiomyopathy; (2) a cardiomyopathy risk assessment worksheet for use by parents, guardians, or other caregivers; (3) guidelines regarding the placement of automated external defibrillators in schools and child care centers; (4) training information on defibrillators and cardiopulmonary resuscitation; and (5) recommendations for how schools and child care centers can develop and implement a cardiac emergency response plan. Encourages the Secretary, in support of such effort, to: (1) establish an advisory panel, and (2) engage in a memorandum of understanding or cooperative agreement with a national nonprofit advocacy organization expert in all forms of cardiomyopathy.

To amend title III of the Public Health Service Act to authorize and support the creation of cardiomyopathy education, awareness, and risk assessment materials and resources by the Secretary of Health and Human Services through the Centers for Disease Control and Prevention and the dissemination of such materials and resources by State educational agencies to identify more at-risk families.

. (a) In General.--Not later than July 1, 1996, the Secretary shall, by regulation, develop alternative dispute resolution methods for use by individuals, health information trustees, and other persons in resolving claims under section 151. (b) Effect on Initiation of Civil Actions.-- (1) In general.--Subject to paragraph (2), the regulations established under subsection (a) may provide that an individual alleging that a right of the individual under this Act has been violated shall pursue at least one alternative dispute resolution method developed under such subsection as a condition precedent to commencing a civil action under section 151. (2) Limitation.--Such regulations may not require an individual to refrain from commencing a civil action to pursue one or more alternative dispute resolution method for a period that is greater than 6 months. (3) Suspension of statute of limitations.--The regulations established by the Secretary under subsection (a) may provide that a period in which an individual described in paragraph (1) pursues (as defined by the Secretary) an alternative dispute resolution method under this section shall be excluded in computing the period of limitations under section 151(e). (c) Methods.--The methods under subsection (a) shall include at least the following: (1) Arbitration.--The use of arbitration. (2) Mediation.--The use of mediation. (3) Early offers of settlement.--The use of a process under which parties make early offers of settlement. (d) Standards for Establishing Methods.--In developing alternative dispute resolution methods under subsection (a), the Secretary shall ensure that the methods promote the resolution of claims in a manner that-- (1) is affordable for the parties involved; (2) provides for timely and fair resolution of claims; and (3) provides for reasonably convenient access to dispute resolution for individuals. SEC. 154. AMENDMENTS TO CRIMINAL LAW. (a) In General.--Title 18, United States Code, is amended by inserting after chapter 89 the following: ``CHAPTER 90--PROTECTED HEALTH INFORMATION ``Sec. ``1831. Definitions. ``1832. Obtaining protected health information under false pretenses. ``1833. Monetary gain from obtaining protected health information under false pretenses. ``1834. Knowing and unlawful obtaining of protected health information. ``1835. Monetary gain from knowing and unlawful obtaining of protected health information. ``1836. Knowing and unlawful use or disclosure of protected health information. ``1837. Monetary gain from knowing and unlawful sale, transfer, or use of protected health information. ``Sec. 1831. Definitions ``As used in this chapter-- ``(1) the term `health information trustee' has the meaning given such term in section 3(b)(6) of the Fair Health Information Practices Act of 1995; ``(2) the term `protected health information' has the meaning given such term in section 3(a)(3) of such Act; and ``(3) the term `protected individual' has the meaning given such term in section 3(a)(4) of such Act. ``Sec. 1832. Obtaining protected health information under false pretenses ``Whoever under false pretenses-- ``(1) requests or obtains protected health information from a health information trustee; or ``(2) obtains from a protected individual an authorization for the disclosure of protected health information about the individual maintained by a health information trustee; shall be fined under this title or imprisoned not more than 5 years, or both. ``Sec. 1833. Monetary gain from obtaining protected health information under false pretenses ``Whoever under false pretenses-- ``(1) requests or obtains protected health information from a health information trustee with the intent to sell, transfer, or use such information for profit or monetary gain; or ``(2) obtains from a protected individual an authorization for the disclosure of protected health information about the individual maintained by a health information trustee with the intent to sell, transfer, or use such authorization for profit or monetary gain; and knowingly sells, transfers, or uses such information or authorization for profit or monetary gain shall be fined under this title or imprisoned not more than 10 years, or both. ``Sec. 1834. Knowing and unlawful obtaining of protected health information ``Whoever knowingly obtains protected health information from a health information trustee in violation of the Fair Health Information Practices Act of 1995, knowing that such obtaining is unlawful, shall be fined under this title or imprisoned not more than 5 years, or both. ``Sec. 1835. Monetary gain from knowing and unlawful obtaining of protected health information ``Whoever knowingly-- ``(1) obtains protected health information from a health information trustee in violation of the Fair Health Information Practices Act of 1995, knowing that such obtaining is unlawful and with the intent to sell, transfer, or use such information for profit or monetary gain; and ``(2) knowingly sells, transfers, or uses such information for profit or monetary gain; shall be fined under this title or imprisoned not more than 10 years, or both. ``Sec. 1836. Knowing and unlawful use or disclosure of protected health information ``Whoever knowingly uses or discloses protected health information in violation of the Fair Health Information Practices Act of 1995, knowing that such use or disclosure is unlawful, shall be fined under this title or imprisoned not more than 5 years, or both. ``Sec. 1837. Monetary gain from knowing and unlawful sale, transfer, or use of protected health information ``Whoever knowingly sells, transfers, or uses protected health information in violation of the Fair Health Information Practices Act of 1995, knowing that such sale, transfer, or use is unlawful, shall be fined under this title or imprisoned not more than 10 years, or both.''. (b) Clerical Amendment.--The table of chapters for part I of title 18, United States Code, is amended by inserting after the item relating to chapter 89 the following: ``90. Protected health information.......................... 1831''. TITLE II--AMENDMENTS TO TITLE 5, UNITED STATES CODE SEC. 201. AMENDMENTS TO TITLE 5, UNITED STATES CODE. (a) New Subsection.--Section 552a of title 5, United States Code, is amended by adding at the end the following: ``(w) Medical Exemptions.--The head of an agency that is a health information trustee (as defined in section 3(b)(6) of the Fair Health Information Practices Act of 1995) shall promulgate rules, in accordance with the requirements (including general notice) of subsections (b)(1), (b)(2), (b)(3), (c), and (e) of section 553 of this title, to exempt a system of records within the agency, to the extent that the system of records contains protected health information (as defined in section 3(a)(3) of such Act), from all provisions of this section except subsections (e)(1), (e)(2), subparagraphs (A) through (C) and (E) through (I) of subsection (e)(4), and subsections (e)(5), (e)(6), (e)(9), (e)(12), (l), (n), (o), (p), (q), (r), and (u).''. (b) Repeal.--Section 552a(f)(3) of title 5, United States Code, is amended by striking ``pertaining to him,'' and all that follows through the semicolon and inserting ``pertaining to the individual;''. TITLE III--REGULATIONS, RESEARCH, AND EDUCATION; EFFECTIVE DATES; APPLICABILITY; AND RELATIONSHIP TO OTHER LAWS SEC. 301. REGULATIONS; RESEARCH AND EDUCATION. (a) Regulations.--Not later than July 1, 1996, the Secretary shall prescribe regulations to carry out this Act. (b) Research and Technical Support.--The Secretary may sponsor-- (1) research relating to the privacy and security of protected health information; (2) the development of consent forms governing disclosure of such information; and (3) the development of technology to implement standards regarding such information. (c) Education.--The Secretary shall establish education and awareness programs-- (1) to foster adequate security practices by health information trustees; (2) to train personnel of health information trustees respecting the duties of such personnel with respect to protected health information; and (3) to inform individuals and employers who purchase health care respecting their rights with respect to such information. SEC. 302. EFFECTIVE DATES. (a) In General.--Except as provided in subsection (b), this Act, and the amendments made by this Act, shall take effect on January 1, 1997. (b) Provisions Effective Immediately.--A provision of this Act shall take effect on the date of the enactment of this Act if the provision-- (1) imposes a duty on the Secretary to develop, establish, or promulgate regulations, guidelines, notices, statements, or education and awareness programs; or (2) authorizes the Secretary to sponsor research or the development of forms or technology. SEC. 303. APPLICABILITY. (a) Protected Health Information.--Except as provided in subsections (b) and (c), the provisions of this Act shall apply to any protected health information that is received, created, used, maintained, or disclosed by a health information trustee in a State on or after January 1, 1997, regardless of whether the information existed or was disclosed prior to such date. (b) Exception.-- (1) In general.--The provisions of this Act shall not apply to a trustee described in paragraph (2), except with respect to protected health information that is received by the trustee on or after January 1, 1997. (2) Applicability.--A trustee referred to in paragraph (1) is-- (A) a health researcher; or (B) a person who, with respect to specific protected health information, received the information-- (i) pursuant to-- (I) section 117 (relating to emergency circumstances); (II) section 118 (relating to judicial and administrative purposes); (III) section 119 (relating to law enforcement); or (IV) section 120 (relating to subpoenas, warrants, and search warrants); or (ii) while acting in whole or in part in the capacity of an officer or employee of a person described in clause (i). (c) Authorizations for Disclosures.--An authorization for the disclosure of protected health information about a protected individual that is executed by the individual before January 1, 1997, and is recognized and valid under State law on December 31, 1996, shall remain valid and shall not be subject to the requirements of section 112 until January 1, 1998, or the occurrence of the date or event (if any) specified in the authorization upon which the authorization expires, whichever occurs earlier. SEC. 304. RELATIONSHIP TO OTHER LAWS. (a) State Law.--Except as otherwise provided in subsections (b), (c), (d), and (f), a State may not establish, continue in effect, or enforce any State law to the extent that the law is inconsistent with, or imposes additional requirements with respect to, any of the following: (1) A duty of a health information trustee under this Act. (2) An authority of a health information trustee under this Act to disclose protected health information. (3) A provision of subtitle C (relating to access procedures and challenge rights), subtitle D (miscellaneous provisions), or subtitle E (relating to enforcement). (b) Laws Relating to Public Health and Mental Health.--This Act does not preempt, supersede, or modify the operation of any State law regarding public health or mental health to the extent that the law prohibits or regulates a disclosure of protected health information that is permitted under this Act. (c) Criminal Penalties.--A State may establish and enforce criminal penalties with respect to a failure to comply with a provision of this Act. (d) Privileges.--A privilege that a person has under law in a court of a State or the United States or under the rules of any agency of a State or the United States may not be diminished, waived, or otherwise affected by-- (1) the execution by a protected individual of an authorization for disclosure of protected health information under this Act, if the authorization is executed for the purpose of receiving health care or providing for the payment for health care; or (2) any provision of this Act that authorizes the disclosure of protected health information for the purpose of receiving health care or providing for the payment for health care. (e) Department of Veterans Affairs.--The limitations on use and disclosure of protected health information under this Act shall not be construed to prevent any exchange of such information within and among components of the Department of Veterans Affairs that determine eligibility for or entitlement to, or that provide, benefits under laws administered by the Secretary of Veterans Affairs. (f) Certain Duties Under State or Federal Law.--This Act shall not be construed to preempt, supersede, or modify the operation of any of the following: (1) Any law that provides for the reporting of vital statistics such as birth or death information. (2) Any law requiring the reporting of abuse or neglect information about any individual. (3) Subpart II of part E of title XXVI of the Public Health Service Act (relating to notifications of emergency response employees of possible exposure to infectious diseases). (4) The Americans with Disabilities Act of 1990. (5) Any Federal or State statute that establishes a privilege for records used in health professional peer review activities. (f) Secretarial Authority.-- (1) Secretary of health and human services.--A provision of this Act does not preempt, supersede, or modify the operation of section 543 of the Public Health Service Act, except to the extent that the Secretary of Health and Human Services determines through regulations promulgated by such Secretary that the provision provides greater protection for protected health information, and the rights of protected individuals, than is provided under such section 543. (2) Secretary of veterans affairs.--A provision of this Act does not preempt, supersede, or modify the operation of section 7332 of title 38, United States Code, except to the extent that the Secretary of Veterans Affairs determines through regulations promulgated by such Secretary that the provision provides greater protection for protected health information, and the rights of protected individuals, than is provided under such section 7332. HR 435 IH----2 HR 435 IH----3 HR 435 IH----4 HR 435 IH----5 HR 435 IH----6 HR 435 IH----7

TABLE OF CONTENTS: Title I: Fair Health Information Practices Subtitle A: Duties of Health Information Trustees Subtitle B: Use and Disclosure of Protected Health Information Subtitle C: Access Procedures and Challenge Rights Subtitle D: Miscellaneous Provisions Subtitle E: Enforcement Title II: Amendments to Title 5, United States Code Title III: Regulations, Research, and Education; Effective Dates; Applicability; and Relationship to Other Laws Fair Health Information Practices Act of 1995 - Title I: Fair Health Information Practices - Subtitle A: Duties of Health Information Trustees - Requires, subject to stated exceptions, health care providers, health information service organizations, health oversight agencies, health benefit plan sponsors, and health researchers (health information trustees) to permit an individual (protected individual) to examine his or her own medical records (protected health information). Excepts certain mental health or other records which may endanger the protected individual. Sets forth provisions concerning: (1) notice of information practices; (2) accounting for disclosures; and (3) security. Subtitle B: Use and Disclosure of Protected Information - Sets forth the general rule that a health information trustee may use protected information only for a purpose: (1) that is compatible with and directly related to the purpose for which the information was collected or received by the trustee; or (2) for which the trustee has received authorization to disclose such information. Makes exceptions, if proper procedures are followed, for the following situations: (1) next of kin and directory information; (2) public health; (3) health research; (4) emergencies; (5) judicial and administrative purposes; (6) law enforcement; (7) subpoenas, warrants, and search warrants; and (8) health information service organizations. Subtitle C: Access Procedures and Challenge Rights - Sets forth access and challenge procedures for subpoenas, warrants, and search warrants concerning protected health information. Subtitle D: Miscellaneous Provisions - Permits a health information trustee to disclose only such information as is necessary to process a payment when payment is made by a debit, credit, or other payment card. (Sec. 143) Directs the Secretary of Health and Human Services to establish electronic documents transmission, receipt, and maintenance standards. (Sec. 147) Directs a State to establish a process under which any created or recorded protected health information is delivered to and maintained by the State or its designated entity. Subtitle E: Enforcement - Sets forth civil and criminal penalties for violations of this Act's provisions. Directs the Secretary to develop alternative dispute resolution methods to resolve the civil complaints. Title II: Amendments to Title 5, United Sates Code - Amends provisions of title 5 (Government Organization and Employees) of the United States Code concerning agency records maintained on individuals to direct the head of any agency that is a health information trustee to promulgate rules to exempt a system of records within the agency from stated provisions of title 5, to the extent that the such system contains protected health information. Title III: Regulations, Research, and Education; Effective Dates; Applicability; and Relationship to Other Laws - Directs the Secretary to prescribe regulations to carry out this Act. Authorizes the Secretary to sponsor research concerning protected health information. Directs the Secretary to establish education and awareness programs concerning such information. (Sec. 303) Sets forth provisions concerning: (1) the applicability of the provisions of this Act to protected health information; and (2) the relationship of the provisions of this Act to other laws.

Fair Health Information Practices Act of 1995

SECTION 1. FEDERAL ACCOUNTING STANDARDS ADVISORY BOARD. (a) Findings.--Congress finds the following: (1) There is a need for objective and neutral Federal Government accounting standards. To be objective and neutral, standards must ensure that the resulting information is a faithful representation of the effects of Federal Government activities. Objective and neutral mean free from bias, without placing any particular interest above the interest of individuals who rely on the information in financial reports of the Federal Government. (2) Accounting standards are essential to the efficient functioning of the Federal Government and the economy, as decisions about the allocation of resources rely heavily on credible, concise, and understandable financial information. Financial information about the operations and financial position of the Federal Government is used by citizens, Congress, executives, and program managers. (3) The Joint Financial Management Improvement Program, established by the General Accounting Office, the Department of Treasury, and Office of Management and Budget, conducts a continuous program for improving accounting and financial reporting in the Federal Government. (4) The Comptroller General, the Secretary of the Treasury, and the Director of the Office of Management and Budget have established an advisory board in accordance with the Federal Advisory Committee Act (5 U.S.C. App.), to consider and recommend accounting concepts and standards for the Federal Government. (b) Purpose.--The purpose of this Act is to affirm the Memorandum of Understanding Among the General Accounting Office, the Department of the Treasury, and the Office of Management and Budget on Federal Government Accounting Standards and a Federal Accounting Standards Advisory Board dated January 11, 2002, effective June 30, 2002. (c) Establishment of Board.--There is hereby established the Federal Accounting Standards Advisory Board (hereinafter in this Act referred to as the ``Board''). The Board shall work under the general oversight of the Comptroller General, the Secretary of the Treasury, and the Director of the Office of Management and Budget (hereinafter in this Act referred to as the ``Principals''). (d) Meetings; Procedures.--The Board shall-- (1) meet as necessary and at the request of one of the Principals; and (2) establish detailed working procedures for the Board. (e) Composition.--(1) The Board shall be comprised of nine members as follows: (A) One member who is a representative of the General Accounting Office appointed by the Comptroller General. (B) One member who is a representative of the Office of Management and Budget appointed by the Director of the Office of Management and Budget. (C) One member who is a representative of the Department of the Treasury appointed by the Secretary of the Treasury. (D) Six members appointed jointly by the Comptroller General, the Director, and the Secretary, who are-- (i) representatives of the financial community, the accounting and auditing community, and the academic community; and (ii) not representatives of the Federal Government. (2) In selecting members under paragraph (1)(D), the Principals shall-- (A) seek nominations from a wide variety of sources; (B) consider, among other criteria, an individual's-- (i) broad professional background; and (ii) expertise in Federal Government accounting, financial reporting, and financial management; and (C) consider the recommendations of a panel convened by the chairperson selected under subsection (c). (f) Terms.--(1) The members appointed under subparagraphs (A) through (C) of subsection (e)(1) shall serve at the discretion of the appointing agency head. Members appointed under subsection (e)(1)(D) shall be appointed for an initial term of not more than five years, and may be reappointed for one additional term of not more than five years. (g) Chairperson.--The Principals shall select a chairperson of the Board from among members appointed under subsection (e)(1)(D). (h) Consideration of Accounting Concepts and Standards.--(1) The Board shall consider accounting concepts and standards for the Federal Government that provide a frame of reference for resolving accounting issues. In considering accounting concepts and standards, consideration shall be given to the budgetary information needs of executive agencies and the needs of users of Federal financial information. (2) The Board shall not set or propose budget concepts, standards, or principles. (i) Process Required.--The Board shall take the following steps in carrying out the process for considering accounting standards: (1) Identification of accounting issues and agenda decisions. (2) Preliminary deliberations. (3) Preparation of issues papers or discussion memorandums. (4) Release of documents to the public, holding public hearings, and consideration of comments. (5) Further deliberations, preparation of exposure draft, and consideration of comments. (6) General consensus of at least a majority of the Board members and submission of recommendations to the Principals. (j) Adoption of Recommendations.--Recommendations of the Board on proposed accounting concepts or standards shall be made to the Principals for review. If, within 90 days after submission, any of the Principals objects to the proposed concept or standard, the concept or standard shall be returned to the Board for further consideration. If, within 90 days after submission, none of the Principals objects to the proposed concept or standard, the concept or standard become final and shall be published in the Federal Register. Standards set and promulgated following the Board's rules of procedure shall have substantial authoritative support, and accounting standards contrary to such promulgation shall not. (k) Proposed Interpretations and Technical Releases.--A proposed Interpretation or Technical Release shall be submitted to the members of the Board representing the three Principals for review. If, within 45 days after submission, any one of such members objects to the proposed Interpretation or Technical Release, the proposed Interpretation or Technical Release shall be returned to the Board for further consideration. If, within 45 days after submission, none of such members objects to the proposed Interpretation or Technical Release, the proposed Interpretation or Technical Release shall become final. Final Interpretations and Technical Releases shall be published in the Federal Register. (l) Staff.--A core group of qualified technical staff shall support the Board in carrying out its duties and functions. The staff shall spend its time working on Board matters and, from time to time, may be augmented with staff assigned from executive departments or agencies or other organizations. (m) Task Forces.--The Board may appoint task forces as necessary to-- (1) advise the Board on accounting matters; (2) provide expert views; and (3) recommend solutions to issues or problems in the accounting standard-setting process. (n) Transition Provisions.--The terms of members of the Board serving on the date of the enactment of this Act from the Congressional Budget Office, international organizations, defense agencies, and civilian and other Federal agencies shall expire on June 30, 2002. The terms of any non-Federal members serving on the Board on the date of the enactment of this Act shall be extended until June 30, 2004, and such members shall be eligible to serve an additional term of up to five years to the extent that the total service of the member on the Board does not exceed 10 years. (o) Construction.--Nothing in this Act shall be construed as diminishing the authorities, separately or jointly, of the Principals to establish and adopt accounting standards for the Federal Government. (p) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this Act.

Establishes a Federal Accounting Standards Advisory Board which shall work under the general oversight of the Comptroller General, the Secretary of the Treasury, and the Director of the Office of Management and Budget to consider and recommend accounting concepts and standards for the Government that provide a frame of reference for resolving accounting issues.

To establish the Federal Accounting Standards Advisory Board.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Patent Application Publication Act of 1995''. SEC. 2. EARLY PUBLICATION. Section 122 of title 35, United States Code, is amended to read as follows: ``Sec. 122. Confidential status of applications; publication of patent applications ``(a) Except as provided in subsection (b), applications for patents shall be kept in confidence by the Patent and Trademark Office and no information concerning the same given without authority of the applicant or owner unless necessary to carry out the provisions of any Act of Congress or in such special circumstances as may be determined by the Commissioner. ``(b)(1) Subject to paragraph (2), each application for patent, except applications for design patents under chapter 16 of this title and provisional applications filed under section 111(b) of this title, shall be published, in accordance with procedures as determined by the Commissioner, as soon as possible after the expiration of a period of 18 months from the earliest filing date for which a benefit is sought under this title, except that an application that is no longer pending shall not be published and an application that is subject to a secrecy order pursuant to section 181 of this title shall not be published. An application may be published earlier than the above date at the request of the applicant. No information concerning published patent applications shall be made available to the public except as the Commissioner shall determine. Notwithstanding any other provision of law, a determination by the Commissioner to release or not to release information concerning a published patent application shall be final and nonreviewable. ``(2) Upon request, an application will not be published in accordance with paragraph (1) until 3 months after the Commissioner makes a notification to the applicant under section 132 of this title. Applications filed pursuant to section 363 of this title, applications asserting priority under section 119 or 365(a) of this title, and applications asserting the benefit of an earlier application under section 120, 121, or 365(c) of this title shall not be eligible for a request pursuant to this paragraph. Furthermore, the applicant shall certify that the invention disclosed in the application was not or will not be the subject of an application filed in a foreign country. A request under this paragraph shall only be available to an independent inventor who has been accorded status under section 41(h) of this title. The Commissioner may establish appropriate procedures and fees for a request in accordance with this paragraph.''. SEC. 3. TIME FOR CLAIMING BENEFIT OF EARLIER FILING DATE. (a) In a Foreign Country.--Section 119(b) of title 35, United States Code, is amended to read as follows: ``(b) No application for patent shall be entitled to this right of priority unless a claim therefor and a certified copy of the original foreign application, specification and drawings upon which it is based are filed in the Patent and Trademark Office at such time during the pendency of the application as required by the Commissioner. The Commissioner may consider the failure of the applicant to file a timely claim for priority as a waiver of any such claim. The certification of the original foreign application, specification and drawings shall be made by the patent office of the foreign country in which filed and show the date of the application and of the filing of the specification and other papers. The Commissioner may require a translation of the papers filed if not in the English language and such other information as he deems necessary.''. (b) In the United States.--Section 120 of title 35, United States Code, is amended by adding at the end thereof the following: ``The Commissioner may determine the time period during the pendency of the application within which an amendment containing the specific reference to the earlier filed application shall be submitted. The Commissioner may consider the failure to timely submit such an amendment as a waiver of any benefit under this section.''. SEC. 4. PROVISIONAL RIGHTS. Section 154 of title 35, United States Code, is amended by adding the following new subsection: ``(d) Provisional Rights.--In addition to other rights provided by this section, a patent shall include the right to obtain a reasonable royalty from any person who, during the period from publication of the application for such patent pursuant to section 122(b) of this title or from international publication of an international application designating the United States until issue of that patent-- ``(1)(A) makes, uses, offers for sale, or sells in the United States the invention as claimed in the published patent application or imports such an invention into the United States; or ``(B) if the invention as claimed in the published patent application is a process, uses, offers for sale, or sells in the United States or imports into the United States products made by that process as claimed in the published patent application; and ``(2) had actual notice or knowledge of the published patent application. The right to obtain a reasonable royalty shall not be available under this subsection unless the invention claimed in the patent is identical to the invention as claimed in the published patent application. The right to obtain a reasonable royalty based upon the international publication of an international application designating the United States shall commence from the date that the Patent and Trademark Office receives a copy of the international publication of the international application, unless already communicated by the International Bureau, or, if the international publication of the international application is in a language other than English, from the date that the Patent and Trademark Office makes a translation thereof available to the public. The Commissioner may require the applicant to provide a copy of the international publication of the international application and a translation thereof.''. SEC. 5. PRIOR ART EFFECT OF PUBLISHED APPLICATIONS. Section 102(e) of title 35, United States Code, is amended to read as follows: ``(e) the invention was described in-- ``(1)(A) an application for patent, published pursuant to section 122(b) of this title, by another filed in the United States before the invention thereof by the applicant for patent, or ``(B) an international application, published pursuant to section 122(b) of this title, by another who has fulfilled the requirements of paragraphs (1), (2), and (4) of section 371(c) of this title before the invention thereof by applicant for patent, or ``(2) a patent granted on an application for patent by another filed in the United States before the invention thereof by the applicant for patent, or on an international application by another who has fulfilled the requirements of paragraphs (1), (2), and (4) of section 371(c) of this title before the invention thereof by the applicant for patent, or''. SEC. 6. COST RECOVERY FOR PUBLICATION. The Commissioner shall recover the cost of early publication required by the amendment made by section 2 by adjusting the filing, issue, and maintenance fees, by charging a separate publication fee, or by any combination of these methods. SEC. 7. CONFORMING CHANGES. The following provisions of title 35, United States Code, are amended: (1) Section 11 is amended in subsection (a)(1) by inserting ``and published applications'' after ``Patents''. (2) Section 12 is amended by inserting ``published applications and'' before ``patents''. (3) Section 13 is amended by inserting ``published applications and'' before ``patents''. (4) The item relating to section 122 in the table of sections for chapter 11 is amended by inserting ``; publication of patent applications'' after ``applications''. (5) The item relating to section 154 in the table of sections for chapter 14 is amended by inserting ``; provisional rights'' after ``patent''. (6) Section 181 is amended-- (A) in the first paragraph by inserting ``by the publication of an application or'' after ``disclosure'', and ``the publication of an application or'' after ``withhold''; (B) in the second paragraph by inserting ``by the publication of an application or'' after ``disclosure of an invention''; (C) in the third paragraph by inserting ``by the publication of the application or'' after ``disclosure of the invention'', and ``the publication of the application or'' after ``withhold''; and (D) in the fourth paragraph by inserting ``the publication of an application or'' after ``and'' in the first sentence. SEC. 8. PATENT TERM EXTENSION AUTHORITY. Section 154(b) of title 35, United States Code, is amended to read as follows: ``(b) Term Extension.-- ``(1) Basis for patent term extension.--Subject to the limitations of paragraph (2) of this subsection, if the issue of an original patent is delayed due to-- ``(A) a proceeding under section 135(a) of this title, ``(B) the imposition of an order pursuant to section 181 of this title, ``(C) appellate review by the Board of Patent Appeals and Interferences or by a Federal court where the patent was issued pursuant to a decision in the review reversing an adverse determination of patentability, or ``(D) an unusual administrative delay by the Office in issuing the patent, the term of the patent shall be extended for the period of delay. The Commissioner shall prescribe regulations to govern the determination of the period of delay and the particular circumstances deemed to be an unusual administrative delay. ``(2) Limitations.-- ``(A) Maximum period of extension.--The total duration of all extensions of a patent under this subsection shall not exceed 10 years. To the extent that periods of delay attributable to grounds specified in paragraph (1) overlap, the period of any extension granted under this subsection shall not exceed the actual number of days the issuance of the patent was delayed. ``(B) Minimum pendency before extension available.--No patent shall be extended under this section that has been issued before the expiration of 3 years after the filing date of the application leading to the patent or the commencement of the national stage under section 371 of this title, whichever is later, not taking into account the benefit of any earlier filed application or applications under section 120, 121, or 365(c) of this title. ``(C) Reasonable efforts.--The period of extension of the term of a patent under this subsection shall be reduced by a period equal to the time during the processing or examination of the application leading to the patent in which the applicant failed to engage in reasonable efforts to conclude processing or examination of the application. The Commissioner shall prescribe regulations establishing the circumstances that constitute a failure of an applicant to engage in reasonable efforts to conclude processing or examination of an application. ``(D) Terminal disclaimer.--No patent whose term has been disclaimed beyond a specified date may be extended under this section beyond the expiration date specified in the disclaimer.''. SEC. 9. LAST DAY OF PENDENCY OF PROVISIONAL APPLICATION. Section 119(e) of title 35, United States Code, is amended by adding the following at the end: ``If the day that is 12 months after the filing date of a provisional application falls on a Saturday, Sunday, or Federal holiday within the District of Columbia, the period of pendency of the provisional application shall be extended to the next succeeding secular or business day.''. SEC. 10. EFFECTIVE DATE. (a) Sections 2 Through 7.--Sections 2 through 7, and the amendments made by such sections, shall take effect on January 1, 1996, and shall apply to all applications filed under section 111 of title 35, United States Code, on or after that date, and all applications complying with section 371 of title 35, United States Code, that resulted from international applications filed on or after that date. The amendment made by section 4 shall also apply to international applications designating the United States that are filed on or after January 1, 1996. (b) Sections 8 and 9.--The amendments made by sections 8 and 9 shall take effect on the date of the enactment of this Act and shall apply to any application filed on or after June 8, 1995.

Patent Application Publication Act of 1995 - Requires each patent application, except applications for design patents and provisional applications, to be published as soon as possible after 18 months from the earliest filing date for which a benefit is sought, except for an application that is no longer pending or one subject to a secrecy order. Permits earlier publication at the applicant's request. Prohibits disclosure of information concerning published applications except as determined by the Commissioner of Patents. Prohibits, upon request by certain independent inventors, the publication of rejected applications, with specified exceptions, until three months after the Commissioner notifies the applicant. Requires the applicant to certify that no application was or will be filed for the invention in a foreign country. Entitles a patent application to claim the benefit of an earlier filing date in a foreign country if a claim therefor and a certified copy of the original foreign application, specification, and drawings upon which it is based are filed in the Patent and Trademark Office (PTO) at any such time during the pendency of the application as is required by the Commissioner. Allows the Commissioner to consider the failure of the applicant to file a timely claim for priority as a waiver of any such claim. Authorizes the Commissioner to determine the time period within which an amendment containing the specific reference to an earlier filed application shall be submitted. Specifies that a patent shall include the right to obtain a reasonable royalty from any person who, during the period from publication of the application until issue of the patent: (1) makes, uses, or sells in the United States the invention as claimed in the published application or imports such an invention into the United States, or if the invention as claimed in the published application is a process, uses or sells in or imports into the United States products made by that process as claimed in such application; and (2) had actual notice or knowledge of the published patent application. Makes the right to obtain a reasonable royalty unavailable unless the invention claimed in the patent is identical to that claimed in the published application. Specifies the commencement date of the period for obtaining a royalty based upon the international publication of an international application designating the United States. Revises Federal patent law to provide that a person shall not be entitled to a patent if the invention was described in a published patent application by another filed in the United States, or in a published international application, before the invention thereof by the applicant. Directs the Commissioner to recover the cost of early publication by adjusting the filing, issue, and maintenance fees by charging a separate publication fee, or by any combination of such fees. Provides for the extension of the term of a patent the issue which is delayed due to an unusual administrative delay by the PTO. Limits the total duration of all extensions to ten years. Reduces the extension period equal to the time during the processing or examination of the application leading to the patent in which the applicant failed to engage in reasonable efforts (current law provides a reduction for lack of due diligence) to conclude processing or examination of the application. Prohibits the extension of a patent the term of which has been disclaimed beyond the expiration date of the disclaimer.

Patent Application Publication Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Missouri River Management and Water Control Act of 1995''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The Missouri River system is an integral part of a broad, national, and international transportation network. As such, it has played a key role in the economic growth and development of the Midwest by providing a critical link both into and out of America's heartland. (2) The Missouri River is the largest tributary of the Mississippi River, accounting for nearly half of the water flowing in the Mississippi River at St. Louis, Missouri. Interruptions to this delicate river system could have billions of dollars in adverse effects for our transportation network and for midwestern agriculture. (3) An estimated 7,000,000 short tons of cargo, worth an estimated $1,600,000,000, were held up by river closings which resulted from the floods of 1993. More than 1,000 barges were stranded on the Missouri, Upper Mississippi, and Illinois Rivers, with costs to the towing industry alone estimated at $700,000 per day (excluding the barges which were massed near Cairo, Illinois, awaiting the resumption of navigation). (4) Shifting transportation modes from barges to truck and rail will have an estimated increase in costs to industry and producers who rely on the barge industry to balance our delicate transportation system. (5) Nothing contained in the Preferred Alternative to the Master Water Control Manual for the Missouri River compiled by the Corps of Engineers indicates supporting data that suggests the Corps of Engineers ever attempted to evaluate gross revenues for navigation or any of the various industries supported by navigation on the Missouri River. (6) Instituting a spring rise through increased flows on the Missouri River from the upstream reservoirs would not only interrupt and consequently shift crop planting, production, and harvesting dates along the river but would also increase chances of flooding thereby jeopardizing the health, safety, and livelihood of millions of Americans. SEC. 3. PURPOSES. The purposes of this Act are to-- (1) preserve the free flow of commerce and continued success of commercial navigation, and flood control on the Missouri River system; (2) identify the Missouri River and our Nation's entire river system network as a vital component of our Nation's food supply and transportation structure; (3) establish statutory language identifying recreation as a low level priority relevant to the Master Water Control Manual and its stated priorities of flood control, navigation, hydropower, and water supply along the Missouri River system; (4) combine navigation and flood control in legislation aimed at treating the entire Inland Waterway System as one system; (5) oppose changes to the Master Water Control Manual which would alter or deviate from the management practices or endanger public health or safety relative to the stated purposes of this Act; (6) require the Secretary of the Army, acting with the Secretary of Agriculture and the Secretary of the Interior, to apply cost benefit analysis to any study dedicated to reviewing any portion of the Inland Waterway System; and (7) provide safeguards which would allow the Secretary of the Army flexibility to permit lower or higher pool levels in order to provide emergency flood control to protect human health, safety, or property, or to provide adequate water supply levels. SEC. 4. PERMANENT POOL LEVELS. (a) Missouri River System.--The Secretary of the Army shall not permit the permanent pool levels in the Missouri River system to fall below 18,000,000 acre feet at any time unless the Secretary makes a finding that a lower level is required to provide necessary-- (1) emergency flood control to protect human health, safety, and property; (2) commercial navigation in the lower basin of the Missouri River; (3) commercial navigation on the Mississippi River; (4) hydropower; or (5) water supply to communities which rely on the Missouri River for water supply. (b) Navigation Service Levels.--To assure the permanent pool level referred to in subsection (a), the Secretary of the Army shall maintain the following full service navigation levels on the Missouri River from April through November: (1) 36,000 cubic feet per second at Sioux City, Iowa; (2) 36,000 cubic feet per second at Omaha, Nebraska; (3) 42,000 cubic feet per second at Nebraska City, Nebraska; and (4) 46,000 cubic feet per second at Kansas City, Missouri; throughout any period that such permanent pool level is more than 41,000,000 acre feet. (c) Conservation Service Levels.--To assure the permanent pool level referred to in subsection (a), the Secretary of the Army shall implement such conservation measures as may be necessary to maintain navigation levels on the Missouri River-- (1) of 33,000 cubic feet per second at Sioux City, Iowa; (2) of 33,000 cubic feet per second at Omaha, Nebraska; (3) of 35,000 cubic feet per second at Nebraska City, Nebraska; and (4) of 39,000 cubic feet per second at Kansas City, Missouri; throughout any period that such permanent pool level is less than 41,000,000 acre feet. (d) Discretionary Management.--Levels of reservoirs on the mainstem of the Missouri shall be at the discretion and management of the Secretary of the Army, but at no time shall the Secretary allow the reservoir configurations on the mainstem of the Missouri River to jeopardize the discharge level of the Gavins Point Reservoir, Nebraska and South Dakota, required to maintain the navigation levels set forth in subsections (b) and (c). SEC. 5. NAVIGATION SEASON EXTENSION. (a) Increases.--The Secretary of the Army, working with the Secretary of Agriculture and the Secretary of the Interior, shall incrementally increase the length of each navigation season for the Missouri River by 15 days from the length of the previous navigation season and those seasons thereafter, until such time as the navigation season for the Missouri River is increased by 1 month from the length of the navigation season on April 1, 1995. (b) Application of Increases.--Increases in the length of the navigation season under subsection (a) shall be applied in calendar year 1996 so that the navigation season in such calendar year for the Missouri River begins on March 15, 1996, and ends on December 15, 1996. (c) Adjustment of Navigation Levels.--Scheduled full navigation levels shall be incrementally increased to coincide with increases in the navigation season under subsection (a). SEC. 6. WATER CONTROL POLICIES AFFECTING NAVIGATION CHANNELS. The Secretary of the Army may not take any action which is inconsistent with a water control policy of the Corps of Engineers in effect on January 1, 1995, if such action would result in-- (1) a reduction of 10 days or more in the total number of days in a year during which vessels are able to use navigation channels; or (2) a substantial increase in flood damage to lands adjacent to a navigation channel, unless such action is specifically authorized by a law enacted after the date of enactment of this Act. SEC. 7. ECONOMIC AND ENVIRONMENTAL IMPACT EVALUATION. Whenever a Federal department, agency, or instrumentality conducts an environmental impact statement with respect to management of the Missouri River system, the head of such department, agency, or instrumentality shall also conduct a cost benefit analysis on any changes proposed in the management of the Missouri River.

Missouri River Management and Water Control Act of 1995 - Requires the Secretary of the Army to maintain permanent pool levels in the Missouri River system of above 18 million acre feet unless a lower level is required for emergency or commercial purposes. Increases the length of each navigation season by 15 days until the navigation season has increased by one month. Prohibits the Secretary from taking any action which would: (1) result in a reduction of a total of ten days or more a year in the number of days during which vessels are able to navigate channels; or (2) increase flood damages to land adjacent to navigation channels.

Missouri River Management and Water Control Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Commission on Budget Concepts Act of 2002''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) The conceptual framework of the budget, which is central to Federal planning and policy, has not been comprehensively reviewed for over 30 years. (2) Over those years, there has been a significant change in the way that policy makers and economists view the role of government in the economy. (3) In addition, major changes have occurred in the scope of Federal activity, in the economy, in the use of the budget for fiscal policy purposes, and in information technology. (4) Because the Federal budget is inherently complex, budget concepts may need to be modified to increase public understanding of the operation of the Federal Government and its impact on the economy. (5) Federal budget concepts should be reviewed and, if appropriate, revised in light of the best current thinking in accounting, budgeting, and economics. (b) Purpose.--The purpose of this Act is to establish the National Commission on Budget Concepts to review the current structure, concepts, classifications, and bases of accounting of the Federal budget and to report recommendations to the President and Congress for modifications that would enhance the usefulness of the budget for public policy and financial planning. SEC. 3. ESTABLISHMENT OF NATIONAL COMMISSION ON BUDGET CONCEPTS. There is established a commission to be known as the National Commission on Budget Concepts (hereinafter referred to as the ``Commission''). SEC. 4. MEMBERSHIP. (a) Membership.--The Commission shall be composed of 13 members, as follows: (1) The chairman of the Committee on the Budget of the Senate. (2) The chairman of the Committee on the Budget of the House of Representatives. (3) The ranking member of the Committee on the Budget of the Senate. (4) The ranking member of the Committee on the Budget of the House of Representatives. (5) The Director of the Office of Management and Budget. (6) The Comptroller General of the United States. (7) The Director of the Congressional Budget Office. (8) The Secretary of the Treasury. (9) One member appointed by the majority leader of the Senate. (10) One member appointed by the Speaker of the House of Representatives. (11) One member appointed by the minority leader of the Senate. (12) One member appointed by the minority leader of the House of Representatives. (13) One member appointed by the President of the United States. (b) Qualifications and Term.-- (1) Qualifications.--Members appointed to the Commission pursuant to subsection (a) shall-- (A) have expertise and experience in the fields or disciplines related to the subject areas to be considered by the Commission; and (B) not be Members of Congress, officers, or employees of the Federal Government. (2) Term of appointment.--The term of an appointment to the Commission shall be for the life of the Commission. (3) Chair and vice chair.--The appointee under subsection (a)(13) shall be the Chair of the Commission. A Vice Chair may be elected and shall assume the duties of the Chair in the Chair's absence. (c) Meetings; Quorum; Vacancies; and Procedures.-- (1) Meetings.--The Commission shall meet at least once a month on a day to be decided by the Commission. The Commission may meet at such other times at the call of the Chair or of a majority of its members. The meetings of the Commission shall be open to the public, unless by public vote, the Commission shall determine to close a meeting or any portion of a meeting to the public. (2) Quorum.--A simple majority of the full membership shall constitute a quorum of the Commission, except that five members may conduct hearings. (d) Vacancies.--A vacancy on the Commission shall be filled in the same manner in which the original appointment was filled under subsection (a). (e) Procedures.--The Commission shall adopt administrative and procedural rules that are consistent with this section, the Federal Advisory Committee Act, and the General Service Administration guidelines thereunder. (f) Compensation and Expenses.--Members of the Commission shall receive no additional pay, allowance, or benefits by reason of their service on the Commission. Each member appointed from outside of the Federal Government, while engaged in the performance of Commission duties away from their homes, regular place of business, or official duty station, may 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. SEC. 5. STAFF AND SUPPORT SERVICES. (a) Staff.--With the advance approval of the Commission, the executive director may appoint such personnel as is appropriate. The staff of the Commission, including any experts or consultants, shall be appointed without regard to political affiliation and without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, the provision of chapter 51 and subchapter III of chapter 53 of such title, and without regard to section 5 of title 41, United States Code (relating to classifications and General Schedule). (b) Executive Director.--The Chairman shall appoint an executive director, who shall be paid the rate of basic pay for level II of the Executive Schedule. (c) Experts and Consultants.--With the advance approval of the Commission, the executive director may procure by contract the temporary and intermittent services of experts and consultants without regard to the provisions of title 5, United States Code, governing appointments in the competitive service. (d) Technical and Administrative Assistance.--Upon the request of the Commission-- (1) the head of any agency, office, or establishment within the Executive or Legislative Branches of the United States Government shall provide, without reimbursement, such technical assistance as the Commission determines is necessary to carry out its duties; and (2) the Administrator of the General Services Administration shall provide, on a reimbursable basis, such administrative support services as the Commission may require. (e) Detail of Federal Personnel.--Upon the request of the Commission, the head of an agency, office, or establishment in the Executive or Legislative branch of the United States Government is authorized to detail, without reimbursement, any of the personnel of that agency, office, or establishment to the Commission to assist the Commission in carrying out its duties. Any such detail shall not interrupt or otherwise affect the employment status or privileges of that employee. (f) Facilities and Support.--The Administrator of the General Services Administration shall locate suitable office space for the operation of the Commission and such facilities shall be furnished with all necessary equipment and incidentals required for the proper functioning of the Commission. SEC. 6. POWERS AND DUTIES OF COMMISSION. (a) Duties of the Commission.--The Commission shall-- (1) review the 1967 Report of the President's Commission on Budget Concepts and assess the implementation of the recommendations of that Report; (2) identify and evaluate structure, concepts, classifications, and bases of accounting of the Federal budget; (3) identify any applicable general accounting principles and practices in the private sector and evaluate their value to budget practices in the Federal sector; and (4) report, in accordance with subsection (g), recommendations for modifications to the structure, concepts, classifications, and bases of accounting of the Federal budget that would enhance the usefulness of the budget for public policy and financial planning. (b) Powers of the Commission.-- (1) Conduct of business.--The Commission may hold hearings, take testimony, receive evidence, undertake such other activities, as it determines necessary to carry out its duties. (2) Access to information.--(A) The Commission is authorized to obtain directly from any Federal agency information that the Commission determines is necessary to carry out its duties. The Federal agency requested, shall provide the information requested, but shall notify the Commission if any of the information provided is protected from disclosure under section 552 of title 5, United States Code, or some similar statute. (B) Subject to section 552 of title 5, United States Code, the records, reports, transcripts, minutes, and other documents which were prepared by the Commission shall be available for public inspection and copying in the office of the Commission. Any documents made available to the Commission from sources outside of the Commission, to which were attached notices that the information is protected from disclosure, shall not be made available by the Commission for inspection or copying. (3) Postal service.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (4) Printing.--For purposes of cost relating to the printing and binding, including the cost of any personnel detailed from the Government Printing Office, the Commission shall be deemed to be a committee of the Congress. SEC. 7. REPORT. Not later than February 28, 2003, the Commission shall submit a report to the President and the Congress with recommendations for modifications to the current structure, concepts, classifications, and bases of accounting of the Federal budget. A detailed explanation of the basis of those recommendations and conclusions shall be included in the report. At the request of any Commission member, the report shall include that member's dissenting views or opinions. SEC. 8. TERMINATION. The Commission shall terminate 30 days after the date of submission of the report required in section 7. SEC. 9. FUNDING. There are authorized to be appropriated such sums as are necessary to carry out this Act. Sums so appropriated shall remain available until expended. SEC. 10. EFFECTIVE DATE. The Commission shall not be considered constituted to conduct business until the earlier of the appointment of all appointed members or two months after the date of enactment of this Act.

National Commission on Budget Concepts Act of 2002 - Establishes the National Commission on Budget Concepts to, among other things: (1) evaluate structure, concepts, classifications, and bases of accounting of the Federal budget; (2) evaluate the applicability and value of general accounting principles and practices used in the private sector to budget practices in the Federal sector; and (3) report recommendations for modifications to the structure, concepts, classifications, and bases of accounting of the Federal budget that would enhance the usefulness of the budget for public policy and financial planning.

To establish the National Commission on Budget Concepts.

SECTION 1. INCREASE IN MOTOR FUEL TAXES. (a) In General.--Subparagraph (A) of section 4081(a)(2) of the Internal Revenue Code of 1986 (relating to imposition of tax on gasoline and diesel fuel) is amended-- (1) by striking ``18.3 cents'' and inserting ``26.3 cents'', and (2) by striking ``24.3 cents'' and inserting ``32.3 cents''. (b) Technical Amendments.-- (1) Subsection (c)(4)(A) of section 4081 of the Internal Revenue Code of 1986 is amended-- (A) by striking ``5.4 cents'' both places it appears and inserting ``13.4 cents'', (B) by striking ``4.158 cents'' both places it appears and inserting ``12.158 cents'', (C) by striking ``3.078 cents'' both places it appears and inserting ``11.078 cents'', (D) by striking ``6 cents'' and inserting ``14 cents'', (E) by striking ``4.62 cents'' and inserting ``12.62 cents'', and (F) by striking ``3.42 cents'' and inserting ``11.42 cents''. (2) Subsection (c)(5) of section 4081 of such Code is amended-- (A) by striking ``5.4 cents'' and inserting ``13.4 cents'', and (B) by striking ``6 cents'' and inserting ``14 cents''. (3) Clause (i) of section 4041(a)(1)(D) of such Code is amended by striking ``24.3 cents'' and inserting ``32.3 cents''. (4) Clause (i) of section 4041(b)(2)(A) of such Code is amended-- (A) by striking ``5.4 cents'' and inserting ``13.4 cents'', and (B) by striking ``6 cents'' and inserting ``14 cents''. (5) Clauses (i) and (ii) of section 4041(m)(1)(A) of such Code are amended to read as follows: ``(i) 11.3 cents per gallon after September 30, 1993, and before October 1, 1995, ``(ii) 19.3 cents per gallon after September 30, 1995, and before October 1, 1999, and ``(iii) 4.3 cents per gallon after September 30, 1999, and''. (6) Paragraph (1) of section 9503(f) of such Code is amended-- (A) by striking ``14 cents'' in subparagraph (A) and inserting ``22 cents'', and (B) by striking ``20 cents'' in subparagraph (B) and inserting ``28 cents''. (7) Subparagraph (E) of section 9503(f)(2) of such Code is amended by striking ``11.5 cents'' and inserting ``19.5 cents'' and by striking ``17.5 cents'' and inserting ``25.5 cents''. (c) Floor Stocks Tax.-- (1) Imposition of tax.--In the case of gasoline and diesel fuel on which tax was imposed under section 4081 or 4091 of the Internal Revenue Code of 1986 before October 1, 1995, and which is held on such date by any person, there is hereby imposed a floor stocks tax of 8 cents per gallon on such gasoline and diesel fuel. (2) Liability for tax and method of payment.-- (A) Liability for tax.--A person holding gasoline or diesel fuel on October 1, 1995, to which the tax imposed by paragraph (1) applies shall be liable for such tax. (B) Method of payment.--The tax imposed by paragraph (1) shall be paid in such manner as the Secretary shall prescribe. (C) Time for payment.--The tax imposed by paragraph (1) shall be paid on or before December 31, 1995. (3) Definitions.--For purposes of this subsection-- (A) Held by a person.--Gasoline or diesel fuel shall be considered as ``held by a person'' if title thereto has passed to such person (whether or not delivery to the person has been made). (B) Gasoline.--The term ``gasoline'' has the meaning given such term by section 4082 of such Code. (C) Diesel fuel.--The term ``diesel fuel'' has the meaning given such term by section 4092 of such Code. (E) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or the Secretary's delegate. (4) Exception for exempt uses.--The tax imposed by paragraph (1) shall not apply to gasoline or diesel fuel held by any person exclusively for any use to the extent a credit or refund of the tax imposed by section 4081 or 4091 of such Code, as the case may be, is allowable for such use. (5) Exception for fuel held in vehicle tank.--No tax shall be imposed by paragraph (1) on gasoline or diesel fuel held in the tank of a motor vehicle or motorboat. (6) Exception for certain amounts of fuel.-- (A) In general.--No tax shall be imposed by paragraph (1)-- (i) on gasoline held on October 1, 1995, by any person if the aggregate amount of gasoline held by such person on such date does not exceed 4,000 gallons, and (ii) on diesel fuel held on October 1, 1995, by any person if the aggregate amount of diesel fuel held by such person on such date does not exceed 2,000 gallons. The preceding sentence shall apply only if such person submits to the Secretary (at the time and in the manner required by the Secretary) such information as the Secretary shall require for purposes of this paragraph. (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) or (5). (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 person. (II) Controlled group.--The term ``controlled group'' has the meaning given to such term by subsection (a) of section 1563 of such Code; except that for such purposes the phrase ``more than 50 percent'' shall be substituted for the phrase ``at least 80 percent'' each place it appears in such subsection. (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 such persons is not a corporation. (7) Articles in foreign trade zones.--Notwithstanding the Act of June 18, 1934 (48 Stat. 998, 19 U.S.C. 81a) and any other provision of law, any article which is located in a foreign trade zone on any tax-increase date shall be subject to the taxes imposed by paragraph (1) if-- (A) internal revenue taxes have been determined, or customs duties liquidated, with respect to such article before such date pursuant to a request made under the 1st proviso of section 3(a) of such Act, or (B) such article is held on such date under the supervision of a customs officer pursuant to the 2d proviso of such section 3(a). (8) Other law applicable.--All provisions of law, including penalties, applicable with respect to the taxes imposed by section 4081 of such 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 such taxes were imposed by such section 4081. (d) Use of resulting revenues.-- (1) Mass transit.--Paragraph (2) of section 9503(e) of the Internal Revenue Code of 1986 (relating to establishment of mass transit account) is amended by striking ``2 cents'' and inserting ``4 cents''. (2) Amtrak and interstate, state, and local roads and bridges.-- Section 9503 of such Code (relating to highway trust fund) is amended by redesignating subsection (f) as subsection (i) and by inserting after subsection (e) the following new subsections: ``(f) Establishment of AMTRAK Account.-- ``(1) Creation of account.--There is established in the Highway Trust Fund a separate account to be known as the `AMTRAK Account' consisting of such amounts as may be transferred or credited to the AMTRAK Account as provided in this subsection or section 9602(b). ``(2) Transfers to amtrak account.--The Secretary of the Treasury shall transfer to the AMTRAK Account the AMTRAK portion of the amounts appropriated to the Highway Trust Fund under subsection (b) which are attributable to taxes under sections 4041 and 4081 imposed after September 30, 1995. For purposes of the preceding sentence, the term `AMTRAK portion' means an amount determined at the rate of 2 cents for each gallon with respect to which tax was imposed under section 4041 or 4081. ``(3) Expenditures from account.--Amounts in the AMTRAK Account shall be available, as provided by appropriation Acts, for making capital or capital-related expenditures before October 1, 1997 (including capital expenditures for new projects) for AMTRAK in accordance with section 24104 of title 49, United States Code, as in effect on the date of the enactment of this subsection. ``(4) Applicable rules.--Rules similar to the rules of paragraphs (4) and (5) shall be applied. ``(g) Establishment of Interstate and Federal-Aid Highway Account.-- ``(1) Creation of account.--There is established in the Highway Trust Fund a separate account to be known as the `Interstate and Federal-Aid Highway Account' consisting of such amounts as may be transferred or credited to the Interstate and Federal-Aid Highway Account as provided in this subsection or section 9602(b). ``(2) Transfers to interstate and federal-aid highway account.--The Secretary of the Treasury shall transfer to the Interstate and Federal-Aid Highway Account the interstate and Federal-aid highway portion of the amounts appropriated to the Highway Trust Fund under subsection (b) which are attributable to taxes under sections 4041 and 4081 imposed after September 30, 1995. For purposes of the preceding sentence, the term `interstate and Federal-aid highway portion' means an amount determined at the rate of 2 cents for each gallon with respect to which tax was imposed under section 4041 or 4081. ``(3) Expenditures from account.--Amounts in the Interstate and Federal-Aid Highway Account shall be available, as provided by appropriation Acts, for making capital or capital-related expenditures before October 1, 1997 (including capital expenditures for new projects) for the Dwight D. Eisenhower National System of Interstate and Defense Highways and the Federal-Aid Highway System in accordance with the Intermodal Surface Transportation Efficiency Act of 1991, as in effect on the date of the enactment of this subsection. ``(4) Applicable rules.--Rules similar to the rules of paragraphs (4) and (5) shall be applied. ``(h) Establishment of State and Local Roads and Bridges Account.-- ``(1) Creation of account.--There is established in the Highway Trust Fund a separate account to be known as the `State and Local Roads and Bridges Account' consisting of such amounts as may be transferred or credited to the State and Local Roads and Bridges Account as provided in this subsection or section 9602(b). ``(2) Transfers to state and local roads and bridges account.--The Secretary of the Treasury shall transfer to the State and Local Roads and Bridges Account the State and local roads and bridges portion of the amounts appropriated to the Highway Trust Fund under subsection (b) which are attributable to taxes under sections 4041 and 4081 imposed after September 30, 1995. For purposes of the preceding sentence, the term `State and local roads and bridges portion' means an amount determined at the rate of 2 cents for each gallon with respect to which tax was imposed under section 4041 or 4081. ``(3) Expenditures from account.--Amounts in the State and Local Roads and Bridges Account shall be available, as provided by appropriation Acts, for making capital or capital-related expenditures before October 1, 1997 (including capital expenditures for new projects) for any State or local road or bridge project in accordance with the Intermodal Surface Transportation Efficiency Act of 1991, as in effect on the date of the enactment of this subsection. ``(4) Applicable rules.--Rules similar to the rules of paragraphs (4) and (5) shall be applied.'' (e) Effective Date.--The amendments made by this section shall take effect on October 1, 1995.

Amends the Internal Revenue Code to increase the rate of tax on gasoline and diesel fuel. Imposes the tax on such products held in a foreign trade zone on the date of the tax increase if taxes have been determined or customs duties liquidated. Doubles the amount transferred to the Mass Transit Account of the Highway Trust Fund from revenues resulting from the tax on special motor fuels, gasoline, and diesel fuel. Establishes in such Fund the following separate accounts to which a portion of such fuel tax revenues shall be transferred for capital or capital-related expenditures before October 1, 1997: (1) an AMTRAK Account; (2) an Interstate and Federal-Aid Highway Account; and (3) a State and Local Roads and Bridges Account.

A bill to amend the Internal Revenue Code of 1986 to increase motor fuel taxes by 8 cents a gallon, the resulting revenues to be used for mass transit, AMTRAK, and interstate, State, and local roads and bridges, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Survivor Benefits Improvement Act of 2003''. SEC. 2. FULL SBP SURVIVOR BENEFITS FOR SURVIVING SPOUSES OVER AGE 62. (a) Phased Increase in Basic Annuity.-- (1) Increase to 55 percent.--Subsection (a)(1)(B)(i) of section 1451 of title 10, United States Code, is amended by striking ``35 percent of the base amount.'' and inserting ``the product of the base amount and the percent applicable for the month. The percent applicable for a month is 35 percent for months beginning before October 2005, 40 percent for months beginning after September 2005 and before October 2008, 45 percent for months beginning after September 2008, and 55 percent for months beginning after September 2014.''. (2) Reserve-component annuity.--Subsection (a)(2)(B)(i)(I) of such section is amended by striking ``35 percent'' and inserting ``the percent specified under paragraph (1)(B)(i) as being applicable for the month''. (3) Special-eligibility annuity.--Subsection (c)(1)(B)(i) of such section is amended-- (A) by striking ``35 percent'' and inserting ``the applicable percent''; and (B) by adding at the end the following: ``The percent applicable for a month under the preceding sentence is the percent specified under subsection (a)(1)(B)(i) as being applicable for the month.''. (4) Conforming amendment.--The heading for subsection (d)(2)(A) of such section is amended to read as follows: ``Computation of Annuity.--''. (b) Phased Elimination of Supplemental Annuity.-- (1) Decreasing percentages.--Section 1457(b) of title 10, United States Code, is amended-- (A) by striking ``5, 10, 15, or 20 percent'' and inserting ``the applicable percent''; and (B) by inserting after the first sentence the following: ``The percent used for the computation shall be an even multiple of 5 percent and, whatever the percent specified in the election, may not exceed 20 percent for months beginning before October 2005, 15 percent for months beginning after September 2005 and before October 2008, and 10 percent for months beginning after September 2008.''. (2) Repeal of program in 2014.--Effective on October 1, 2014, chapter 73 of such title is amended-- (A) by striking subchapter III; and (B) by striking the item relating to subchapter III in the table of subchapters at the beginning of that chapter. (c) Recomputation of Annuities.-- (1) Requirement for recomputation.--Effective on the first day of each month referred to in paragraph (2)-- (A) each annuity under section 1450 of title 10, United States Code, that commenced before that month, is computed under a provision of section 1451 of that title amended by subsection (a), and is payable for that month shall be recomputed so as to be equal to the amount that would be in effect if the percent applicable for that month under that provision, as so amended, had been used for the initial computation of the annuity; and (B) each supplemental survivor annuity under section 1457 of such title that commenced before that month and is payable for that month shall be recomputed so as to be equal to the amount that would be in effect if the percent applicable for that month under that section, as amended by this section, had been used for the initial computation of the supplemental survivor annuity. (2) Times for recomputation.--The requirements for recomputation of annuities under paragraph (1) apply with respect to the following months: (A) October 2005. (B) October 2008. (C) October 2014. (d) Recomputation of Retired Pay Reductions for Supplemental Survivor Annuities.--The Secretary of Defense shall take such actions as are necessitated by the amendments made by subsection (b) and the requirements of subsection (c)(1)(B) to ensure that the reductions in retired pay under section 1460 of title 10, United States Code, are adjusted to achieve the objectives set forth in subsection (b) of that section. SEC. 3. OPEN ENROLLMENT PERIOD FOR SURVIVOR BENEFIT PLAN COMMENCING OCTOBER 1, 2005. (a) Persons Not Currently Participating in Survivor Benefit Plan.-- (1) Election of sbp coverage.--An eligible retired or former member may elect to participate in the Survivor Benefit Plan under subchapter II of chapter 73 of title 10, United States Code, during the open enrollment period specified in subsection (f). (2) Election of supplemental annuity coverage.--An eligible retired or former member who elects under paragraph (1) to participate in the Survivor Benefit Plan at the maximum level may also elect during the open enrollment period to participate in the Supplemental Survivor Benefit Plan established under subchapter III of chapter 73 of title 10, United States Code. (3) Eligible retired or former member.--For purposes of paragraphs (1) and (2), an eligible retired or former member is a member or former member of the uniformed services who on the day before the first day of the open enrollment period is not a participant in the Survivor Benefit Plan and-- (A) is entitled to retired pay; or (B) would be entitled to retired pay under chapter 1223 of title 10, United States Code, but for the fact that such member or former member is under 60 years of age. (4) Status under sbp of persons making elections.-- (A) Standard annuity.--A person making an election under paragraph (1) by reason of eligibility under paragraph (3)(A) shall be treated for all purposes as providing a standard annuity under the Survivor Benefit Plan. (B) Reserve-component annuity.--A person making an election under paragraph (1) by reason of eligibility under paragraph (3)(B) shall be treated for all purposes as providing a reserve-component annuity under the Survivor Benefit Plan. (b) Election To Increase Coverage Under SBP.--A person who on the day before the first day of the open enrollment period is a participant in the Survivor Benefit Plan but is not participating at the maximum base amount or is providing coverage under the Plan for a dependent child and not for the person's spouse or former spouse may, during the open enrollment period, elect to-- (1) participate in the Plan at a higher base amount (not in excess of the participant's retired pay); or (2) provide annuity coverage under the Plan for the person's spouse or former spouse at a base amount not less than the base amount provided for the dependent child. (c) Election for Current SBP Participants To Participate in Supplemental SBP.-- (1) Election.--A person who is eligible to make an election under this paragraph may elect during the open enrollment period to participate in the Supplemental Survivor Benefit Plan established under subchapter III of chapter 73 of title 10, United States Code. (2) Persons eligible.--Except as provided in paragraph (3), a person is eligible to make an election under paragraph (1) if on the day before the first day of the open enrollment period the person is a participant in the Survivor Benefit Plan at the maximum level, or during the open enrollment period the person increases the level of such participation to the maximum level under subsection (b) of this section, and under that Plan is providing annuity coverage for the person's spouse or a former spouse. (3) Limitation on eligibility for certain sbp participants not affected by two-tier annuity computation.--A person is not eligible to make an election under paragraph (1) if (as determined by the Secretary concerned) the annuity of a spouse or former spouse beneficiary of that person under the Survivor Benefit Plan is to be computed under section 1451(e) of title 10, United States Code. However, such a person may during the open enrollment period waive the right to have that annuity computed under such section 1451(e). Any such election is irrevocable. A person making such a waiver may make an election under paragraph (1) as in the case of any other participant in the Survivor Benefit Plan. (d) Manner of Making Elections.--An election under this section shall be made in writing, signed by the person making the election, and received by the Secretary concerned before the end of the open enrollment period. Any such election shall be made subject to the same conditions, and with the same opportunities for designation of beneficiaries and specification of base amount, that apply under the Survivor Benefit Plan or the Supplemental Survivor Benefit Plan, as the case may be. A person making an election under subsection (a) to provide a reserve-component annuity shall make a designation described in section 1448(e) of title 10, United States Code. (e) Effective Date for Elections.--Any such election shall be effective as of the first day of the first calendar month following the month in which the election is received by the Secretary concerned. (f) Open Enrollment Period.--The open enrollment period under this section shall be the one-year period beginning on October 1, 2005. (g) Effect of Death of Person Making Election Within Two Years of Making Election.--If a person making an election under this section dies before the end of the two-year period beginning on the effective date of the election, the election is void and the amount of any reduction in retired pay of the person that is attributable to the election shall be paid in a lump sum to the person who would have been the deceased person's beneficiary under the voided election if the deceased person had died after the end of such two-year period. (h) Applicability of Certain Provisions of Law.--The provisions of sections 1449, 1453, and 1454 of title 10, United States Code, are applicable to a person making an election, and to an election, under this section in the same manner as if the election were made under the Survivor Benefit Plan or the Supplemental Survivor Benefit Plan, as the case may be. (i) Additional Premium.--The Secretary of Defense may require that the premium for a person making an election under subsection (a)(1) or (b) include, in addition to the amount required under section 1452(a) of title 10, United States Code, an amount determined under regulations prescribed by the Secretary of Defense for the purposes of this subsection. Any such amount shall be stated as a percentage of the base amount of the person making the election and shall reflect the number of years that have elapsed since the person retired, but may not exceed 4.5 percent of that person's base amount. (j) Report Concerning Open Season.--Not later than July 1, 2005, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the open season authorized by this section for the Survivor Benefit Plan. The report shall include the following: (1) A description of the Secretary's plans for implementation of the open season. (2) The Secretary's estimates of the costs associated with the open season, including any anticipated effect of the open season on the actuarial status of the Department of Defense Military Retirement Fund. (3) Any recommendation by the Secretary for further legislative action.

Military Survivor Benefits Improvement Act of 2003 - Adjusts the basic Survivor Benefit Plan (SBP) annuity amount for surviving spouses, age 62 and older, of former military personnel to: (1) 35 percent of the retired pay of the decedent (current law), for months before October 2005; (2) 40 percent for months beginning after September 2005 and before October 2008; (3) 45 percent for months beginning after September 2008 through September 2014; and (4) 55 percent for months after September 2014. Adjusts similarly percentage amounts with respect to survivors of reserve personnel and survivors of persons who die while on active duty. Provides a corresponding phased elimination of the SBP supplemental annuity authorized to be provided to such surviving spouses. Requires periodic recomputation of: (1) annuity amounts beginning in October 2005; and (2) retired pay reductions for supplemental survivor annuities. Provides a one-year open enrollment period for SBP participation, commencing October 1, 2005, for those currently not participating, those electing to increase current coverage, and those wishing to participate in the supplemental SBP. Authorizes the Secretary of Defense to require appropriate premiums for SBP participation.

A bill to amend title 10, United States Code, to increase the minimum Survivor Benefit Plan basic annuity for surviving spouses age 62 and older, to provide for a one-year open season under that plan, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Agricultural Energy Programs Reauthorization Act of 2017''. SEC. 2. BIOBASED MARKETS PROGRAM. Section 9002 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8102) is amended-- (1) in subsection (b)-- (A) in paragraph (1), by inserting ``or renewable chemicals'' after ``biobased products''; (B) in paragraph (2)(B)-- (i) in clause (i), by inserting ``or renewable chemical'' after ``biobased''; and (ii) in clause (ii), by inserting ``or renewable chemical'' after ``portions of biobased''; and (C) by adding at the end the following: ``(5) Education and outreach.--The Secretary, in consultation with the Administrator, shall provide to appropriate stakeholders education and outreach relating to the voluntary labeling program under this subsection.''; (2) in subsection (f), by striking the subsection designation and all that follows through ``The Secretary'' and inserting the following: ``(f) Manufacturers of Renewable Chemicals and Biobased Products.-- ``(1) NAICS codes.--The Secretary and the Secretary of Commerce shall jointly develop North American Industry Classification System codes for-- ``(A) renewable chemicals manufacturers; and ``(B) biobased products manufacturers. ``(2) National testing center registry.--The Secretary''; (3) in subsection (h)(2)-- (A) in subparagraph (B)(ii), by striking ``and'' at the end; (B) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(D) a description of the quantity of biobased products procured under subsection (a) during the previous year.''; (4) in subsection (i)-- (A) in paragraph (1), by striking ``$3,000,000 for each of fiscal years 2014 through 2018'' and inserting ``$6,000,000 for each of fiscal years 2019 through 2023''; and (B) in paragraph (2), by striking ``2018'' and inserting ``2023''; and (5) in subsection (j), by striking ``includes, with'' and inserting the following: ``includes-- ``(1) products produced from biologically captured and reused carbon; and ``(2) with''. SEC. 3. BIOREFINERY, RENEWABLE CHEMICAL, AND BIOBASED PRODUCT MANUFACTURING ASSISTANCE. Section 9003 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8103) is amended-- (1) in subsection (b)(3)-- (A) in subparagraph (A), by striking ``and'' at the end and inserting ``or''; and (B) in subparagraph (B)-- (i) by inserting ``renewable chemical or biobased product'' before ``technology''; and (ii) by striking ``biorefinery that produces an advanced biofuel.'' and inserting ``biorefinery.''; and (2) in subsection (g)-- (A) by striking paragraph (1) and inserting the following: ``(1) Mandatory funding.--Of the funds of the Commodity Credit Corporation, the Secretary shall use for the cost of loan guarantees under this section, to remain available until expended, $75,000,000 for each of fiscal years 2019 through 2023.''; and (B) in paragraph (2), by striking ``2018'' and inserting ``2023''. SEC. 4. BIOENERGY PROGRAM FOR ADVANCED BIOFUELS. Section 9005(g) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8105(g)) is amended-- (1) in paragraph (1), by striking ``expended--'' and all that follows through the period at the end and inserting ``expended, $5,000,000 for each of fiscal years 2018 through 2023.''; and (2) in paragraph (2), by striking ``2018'' and inserting ``2023''. SEC. 5. RURAL ENERGY FOR AMERICA PROGRAM. (a) Definition of Renewable Energy System.--Section 9001(16) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8101(16)) is amended-- (1) by redesignating subparagraph (B) as subparagraph (C); and (2) in subparagraph (A), by striking ``that--'' and all that follows through the period at the end of clause (ii) and inserting the following: ``that produces usable energy from a renewable energy source. ``(B) Inclusions.--The term `renewable energy system' includes-- ``(i) distribution components necessary to move energy produced by a renewable energy system to the initial point of sale; and ``(ii) other components and ancillary infrastructure of a renewable energy system, such as a storage system.''. (b) Funding.--Section 9007(g) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8107(g)) is amended-- (1) in paragraph (1), by striking ``expended--'' and all that follows through the period at the end and inserting ``expended, $150,000,000 for each of fiscal years 2018 through 2023.''; (2) in paragraph (3), by striking ``$20,000,000 for each of fiscal years 2014 through 2018'' and inserting ``$50,000,000 for each of fiscal years 2018 through 2023''; and (3) by adding at the end the following: ``(4) Allocation of funding.--For each fiscal year, not more than 30 percent of amounts made available to carry out this section may be used for-- ``(A) any 1 form of renewable energy described in subparagraphs (A) and (B) of section 9001(15); or ``(B) technologies to improve the efficiency of energy usage.''. SEC. 6. BIOMASS RESEARCH AND DEVELOPMENT. Section 9008(h) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8108(h)) is amended-- (1) in paragraph (1), by striking ``expended--'' and all that follows through the period at the end and inserting ``expended, $20,000,000 for each of fiscal years 2019 through 2023.''; and (2) in paragraph (2), by striking ``2018'' and inserting ``2023''. SEC. 7. FEEDSTOCK FLEXIBILITY PROGRAM FOR BIOENERGY PRODUCERS. Section 9010(b) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8110(b)) is amended-- (1) in paragraph (1)(A), by striking ``2018'' and inserting ``2023''; and (2) in paragraph (2)(A), by striking ``2018'' and inserting ``2023''. SEC. 8. BIOFUELS AND BIOBASED PRODUCT FEEDSTOCK AND WILDLAND FIRE PROTECTION PROGRAM. Section 9011 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8111) is amended-- (1) by striking the section heading and inserting ``biofuels and biobased product feedstock and wildland fire protection program.''; (2) in subsection (a)-- (A) by striking paragraph (1); (B) by redesignating paragraphs (2) and (3) through (7) as paragraphs (7) and (1) through (5), respectively, and moving the paragraphs so as to appear in numerical order; (C) in paragraph (1) (as so redesignated), by striking ``BCAP'' and inserting ``program''; (D) in paragraph (4) (as so redesignated)-- (i) in subparagraph (B)-- (I) in clause (ii)(II), by striking ``and'' at the end; (II) in clause (iii), by striking the period at the end and inserting a semicolon; and (III) by adding at the end the following: ``(iv) algae; and ``(v) animal waste and byproducts, including fat, oil, grease, and manure.''; and (ii) in subparagraph (C)-- (I) by striking clauses (ii) and (iv); and (II) by redesignating clauses (iii), (v), (vi), and (vii) as clauses (ii), (iii), (iv), and (v), respectively; (E) in paragraph (5) (as so redesignated), by striking ``BCAP''; (F) by inserting after paragraph (5) (as so redesignated) the following: ``(6) Program.--The term `program' means the Biofuels and Biobased Product Feedstock and Wildland Fire Protection Program established under this section.''; and (G) in paragraph (7) (as so redesignated)-- (i) by striking the paragraph heading and inserting ``Project area.--''; and (ii) in the matter preceding subparagraph (A), by striking ``BCAP''; (3) in subsection (b)-- (A) in the matter preceding paragraph (1), by striking ``Biomass Crop Assistance Program'' and inserting ``Biofuels and Biobased Product Feedstock and Wildland Fire Protection Program''; (B) in paragraph (1), by striking ``BCAP''; and (C) in paragraph (2), by inserting ``, including eligible material harvested for the purpose of hazardous woody fuel reduction'' before the period at the end; (4) in subsection (c)-- (A) by striking the subsection heading and inserting ``Project Areas.--''; (B) by striking ``BCAP'' each place it appears; (C) in paragraph (2)(B)-- (i) in the subparagraph heading, by striking ``BCAP project'' and inserting ``Project''; and (ii) in clause (i) (as amended by subparagraph (B)), by inserting ``program'' before the semicolon at the end; (D) in paragraph (4) (as amended by subparagraph (B)), by inserting ``program'' before ``contract''; and (E) in paragraph (5)(D) (as amended by subparagraph (B)), by inserting ``program'' before ``payments on land''; (5) in subsection (d)-- (A) in paragraph (1)(A), by striking ``BCAP'' and inserting ``program''; (B) in paragraph (2)(B), by striking ``paragraph (3)'' and inserting ``paragraph (5)''; (C) by redesignating paragraph (3) as paragraph (5); (D) by inserting after paragraph (2) the following: ``(3) Hazardous woody fuel reduction.-- ``(A) In general.--In accordance with regulations issued by the Secretary to carry out this paragraph, the Secretary may use amounts made available under subsection (f)(1)(A) to provide to a project sponsor that submits to the Secretary an application in accordance with those regulations a payment under this subsection for the transportation costs of a project that removes eligible material for the purpose of hazardous woody fuel reduction, as determined by the Secretary. ``(B) Considerations.--In determining which projects to provide payments under subparagraph (A), the Secretary shall consider-- ``(i) only projects that, as determined by the Secretary, in consultation with the Forest Service Fire Modeling Institute, are located in wildland areas that are the most-- ``(I) at risk from wildfire; or ``(II) in need of restoration; and ``(ii) which projects will provide-- ``(I) the greatest benefit to the protection of human life and structures in the wildland-urban interface; and ``(II) the greatest protection of municipal water supplies. ``(4) Limitation on collection of biomass for environmental benefit.--As a condition on the receipt of a payment under this subsection, a producer or person described in subparagraph (A) or (B) of paragraph (1), respectively, shall leave uncollected and unharvested not less than 30 percent, as determined appropriate by the Secretary, of the woody eligible material.''; and (E) in paragraph (5) (as redesignated by subparagraph (C))-- (i) in the paragraph heading, by striking ``bcap'' and inserting ``program''; and (ii) by striking ``BCAP'' and inserting ``program''; and (6) in subsection (f)-- (A) in paragraph (1), by striking ``Of the funds'' and all that follows through the period at the end and inserting the following: ``(A) Mandatory funding.--Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $70,000,000 for each of fiscal years 2019 through 2023. ``(B) Discretionary funding.--There is authorized to be appropriated to the Secretary to carry out this section $20,000,000 for each of fiscal years 2019 through 2023.''; and (B) in paragraph (2), by striking ``the Secretary shall use not less than 10 percent, nor more than 50 percent, of the amount'' and inserting the following: ``the Secretary shall use-- ``(A) not less than $50,000,000 to make transportation payments for hazardous woody fuel reduction projects under subsection (d)(3); and ``(B) not less than 10 percent, and not greater than 50 percent, of the remaining amount''. SEC. 9. COMMUNITY WOOD ENERGY PROGRAM. Section 9013(e) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8113(e)) is amended by striking ``2018'' and inserting ``2023''. SEC. 10. EFFECTIVE DATE. The amendments made by this Act take effect on October 1, 2018.

Agricultural Energy Programs Reauthorization Act of 2017 This bill amends the Farm Security Rural Investment Act of 2002 to reauthorize through FY2023 several Department of Agriculture (USDA) energy programs, including: the Biobased Markets Program; the Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance Program; the Bioenergy Program for Advanced Biofuels; the Rural Energy For America Program (REAP); the Biomass Research and Development Initiative; the Feedstock Flexibility Program; and the Community Wood Energy Program. The bill modifies and reauthorizes the Biomass Crop Assistance Program to: rename it the Biofuels and Biobased Product Feedstock and Wildland Fire Protection Program; require USDA to provide assistance under the program for hazardous woody fuel reduction projects; and expand the definition of eligible materials to include algae and animal waste byproducts, including fat, oil, grease, and manure. The bill provides mandatory funding through FY2023 for several of the reauthorized programs. The bill modifies the Biobased Markets Program to: (1) include producers of renewable chemicals in the voluntary labeling program, and (2) require USDA and the Department of Commerce to jointly develop North American Industry Classification system codes for renewable chemical manufacturers and biobased products manufacturers. The bill modifies REAP to prohibit more than 30% of the funds from being used each year for: (1) any one form of renewable energy, or (2) technologies to improve the efficiency of energy usage.

Agricultural Energy Programs Reauthorization Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security and Medicare Off- Budget Lockbox Act of 2001''. SEC. 2. STRENGTHENING SOCIAL SECURITY POINTS OF ORDER. (a) In General.--Section 312 of the Congressional Budget Act of 1974 (2 U.S.C. 643) is amended by inserting at the end the following: ``(g) Strengthening Social Security Point of Order.--It shall not be in order in the House of Representatives or the Senate to consider a concurrent resolution on the budget (or any amendment thereto or conference report thereon) or any bill, joint resolution, amendment, motion, or conference report that would violate or amend section 13301 of the Budget Enforcement Act of 1990.''. (b) Super Majority Requirement.-- (1) Point of order.--Section 904(c)(1) of the Congressional Budget Act of 1974 is amended by inserting ``312(g),'' after ``310(d)(2),''. (2) Waiver.--Section 904(d)(2) of the Congressional Budget Act of 1974 is amended by inserting ``312(g),'' after ``310(d)(2),''. (c) Enforcement in Each Fiscal Year.--The Congressional Budget Act of 1974 is amended in-- (1) section 301(a)(7) (2 U.S.C. 632(a)(7)), by striking ``for the fiscal year'' through the period and inserting ``for each fiscal year covered by the resolution''; and (2) section 311(a)(3) (2 U.S.C. 642(a)(3)), by striking beginning with ``for the first fiscal year'' through the period and insert the following: ``for any of the fiscal years covered by the concurrent resolution.''. SEC. 3. MEDICARE TRUST FUND OFF-BUDGET. (a) In General.-- (1) General exclusion from all budgets.--Title III of the Congressional Budget Act of 1974 is amended by adding at the end the following: ``exclusion of medicare trust fund from all budgets ``Sec. 316. (a) Exclusion of Medicare Trust Fund From All Budgets.--Notwithstanding any other provision of law, the receipts and disbursements of the Federal Hospital Insurance Trust Fund shall not be counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of-- ``(1) the budget of the United States Government as submitted by the President; ``(2) the congressional budget; or ``(3) the Balanced Budget and Emergency Deficit Control Act of 1985. ``(b) Strengthening Medicare Point of Order.--It shall not be in order in the House of Representatives or the Senate to consider a concurrent resolution on the budget (or any amendment thereto or conference report thereon) or any bill, joint resolution, amendment, motion, or conference report that would violate or amend this section.''. (2) Super majority requirement.-- (A) Point of order.--Section 904(c)(1) of the Congressional Budget Act of 1974 is amended by inserting ``316,'' after ``313,''. (B) Waiver.--Section 904(d)(2) of the Congressional Budget Act of 1974 is amended by inserting ``316,'' after ``313,''. (b) Exclusion of Medicare Trust Fund From Congressional Budget.-- Section 301(a) of the Congressional Budget Act of 1974 (2 U.S.C. 632(a)) is amended by adding at the end the following: ``The concurrent resolution shall not include the outlays and revenue totals of the Federal Hospital Insurance Trust Fund in the surplus or deficit totals required by this subsection or in any other surplus or deficit totals required by this title.'' (c) Budget Totals.--Section 301(a) of the Congressional Budget Act of 1974 (2 U.S.C. 632(a)) is amended by inserting after paragraph (7) the following: ``(8) For purposes of Senate enforcement under this title, revenues and outlays of the Federal Hospital Insurance Trust Fund for each fiscal year covered by the budget resolution.''. (d) Budget Resolutions.--Section 301(i) of the Congressional Budget Act of 1974 (2 U.S.C. 632(i)) is amended by-- (1) striking ``Social Security Point of Order.--It shall'' and inserting ``Social Security and Medicare Points of Order.-- ``(1) Social security.--It shall''; and (2) inserting at the end the following: ``(2) Medicare.--It shall not be in order in the House of Representatives or the Senate to consider any concurrent resolution on the budget (or amendment, motion, or conference report on the resolution) that would decrease the excess of the Federal Hospital Insurance Trust Fund revenues over Federal Hospital Insurance Trust Fund outlays in any of the fiscal years covered by the concurrent resolution. This paragraph shall not apply to amounts to be expended from the Hospital Insurance Trust Fund for purposes relating to programs within part A of Medicare as provided in law on the date of enactment of this paragraph.''. (e) Medicare Firewall.--Section 311(a) of the Congressional Budget Act of 1974 (2 U.S.C. 642(a)) is amended by adding after paragraph (3), the following: ``(4) Enforcement of medicare levels in the senate.--After a concurrent resolution on the budget is agreed to, it shall not be in order in the Senate to consider any bill, joint resolution, amendment, motion, or conference report that would cause a decrease in surpluses or an increase in deficits of the Federal Hospital Insurance Trust Fund in any year relative to the levels set forth in the applicable resolution. This paragraph shall not apply to amounts to be expended from the Hospital Insurance Trust Fund for purposes relating to programs within part A of Medicare as provided in law on the date of enactment of this paragraph.''. (f) Baseline To Exclude Hospital Insurance Trust Fund.--Section 257(b)(3) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking ``shall be included in all'' and inserting ``shall not be included in any''. (g) Medicare Trust Fund Exempt From Sequesters.--Section 255(g)(1)(B) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding at the end the following: ``Medicare as funded through the Federal Hospital Insurance Trust Fund.''. (h) Budgetary Treatment of Hospital Insurance Trust Fund.--Section 710(a) of the Social Security Act (42 U.S.C. 911(a)) is amended-- (1) by striking ``and'' the second place it appears and inserting a comma; and (2) by inserting after ``Federal Disability Insurance Trust Fund'' the following: ``, Federal Hospital Insurance Trust Fund''. SEC. 4. PREVENTING ON-BUDGET DEFICITS. (a) Points of Order To Prevent On-Budget Deficits.--Section 312 of the Congressional Budget Act of 1974 (2 U.S.C. 643) is amended by adding at the end the following: ``(h) Points of Order To Prevent On-Budget Deficits.-- ``(1) Concurrent resolutions on the budget.--It shall not be in order in the House of Representatives or the Senate to consider any concurrent resolution on the budget, or conference report thereon or amendment thereto, that would cause or increase an on-budget deficit for any fiscal year. ``(2) Subsequent legislation.--It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or conference report if-- ``(A) the enactment of that bill or resolution as reported; ``(B) the adoption and enactment of that amendment; or ``(C) the enactment of that bill or resolution in the form recommended in that conference report, would cause or increase an on-budget deficit for any fiscal year.''. (b) Super Majority Requirement.-- (1) Point of order.--Section 904(c)(1) of the Congressional Budget Act of 1974 is amended by inserting ``312(h),'' after ``312(g),''. (2) Waiver.--Section 904(d)(2) of the Congressional Budget Act of 1974 is amended by inserting ``312(h),'' after ``312(g),''.

Social Security and Medicare Off-Budget Lockbox Act of 2001 - Amends the Congressional Budget Act of 1974 to provide that the receipts and disbursements of the Federal Hospital Insurance Trust Fund shall not be counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of the Federal or congressional budgets or the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) (thus, making it off-budget).Provides for related points of order in the House of Representatives and the Senate to enforce such requirement.Amends the Social Security Act to provide the same budgetary treatment for the Federal Hospital Insurance Trust Fund as is provided to the Federal Disability and Old-Age and Survivors Insurance Trust Funds.Amends the Congressional Budget Act of 1974 to provide a point of order in the House or the Senate against consideration of any budget resolution or legislation that would cause or increase an on-budget deficit for any fiscal year.

To establish an off-budget lockbox to strengthen Social Security and Medicare.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pechanga Band of Luiseno Mission Indians Land Transfer Act of 2007''. SEC. 2. TRANSFER OF LAND IN TRUST FOR PECHANGA BAND OF LUISENO MISSION INDIANS. (a) Transfer and Administration.-- (1) Transfer.--Effective on the date of the enactment of this Act and subject to valid existing rights, all right, title, and interest of the United States in and to the Federal lands described in subsection (b) (including all improvements thereon, appurtenances thereto, and rights to all minerals thereon or therein, including oil and gas, water, and related resources) shall be held by the United States in trust for the Pechanga Band of Luiseno Mission Indians, a federally recognized Indian tribe. Such transfer shall not include the 12.82 acres of lands more or less, including the facilities, improvements, and appurtenances associated with the existing 230 kV transmission line in San Diego County and its 300 foot corridor, more particularly described as a portion of sec. 6, T. 9 S., R. 2 W., San Bernardino Base and Meridian, which shall be sold by the Bureau of Land Management for fair market value to San Diego Gas & Electric Company not later than 30 days after the completion of the cadastral survey described in subsection (c) and the appraisal described in subsection (d). (2) Administration.--The land transferred under paragraph (1) shall be part of the Pechanga Indian Reservation and administered in accordance with-- (A) the laws and regulations generally applicable to property held in trust by the United States for an Indian tribe; and (B) a memorandum of understanding entered into between the Pechanga Band of Luiseno Mission Indians the Bureau of Land Management, and the United States Fish and Wildlife Service on November 11, 2005, which shall remain in effect until the date on which the Western Riverside County Multiple Species Habitat Conservation Plan expires. (3) Notification.--At least 45 days before terminating the memorandum of understanding entered into under paragraph (2)(B), the Director of the Bureau of Land Management, the Director of the United States Fish and Wildlife Service, or the Pechanga Band of Luiseno Mission Indians, as applicable, shall submit notice of the termination to-- (A) the Committee on Natural Resources of the House of Representatives; (B) the Committee on Indian Affairs of the Senate; (C) the Assistant Secretary for Indian Affairs; and (D) the members of Congress representing the area subject to the memorandum of understanding. (4) Termination or violation of the memorandum of understanding.--The Director of the Bureau of Land Management and the Pechanga Band of Luiseno Mission Indians shall submit to Congress notice of the termination or a violation of the memorandum of understanding entered into under paragraph (2)(B) unless the purpose for the termination or violation is the expiration or cancellation of the Western Riverside County Multiple Species Habitat Conservation Plan. (b) Description of Land.--The lands referred to in subsection (a) consist of approximately 1,178 acres in Riverside County, California, and San Diego County, California, as referenced on the map titled, ``H.R. 28, the Pechanga Land Transfer Act'' and dated May 2, 2007, 2007, which, before the transfer under such subsection, were administered by the Bureau of Land Management and are more particularly described as follows: (1) Sections 24, 29, 31, and 32 of township 8 south, range 2 west, San Bernardino base and meridian. (2) Section 6 of township 9 south, range 2 west, lots 2, 3, 5 and 6, San Bernardino Base and Meridian. (3) Mineral Survey 3540, section 22 of township 5 south, range 4 west, San Bernardino base and meridian. (c) Survey.--Not later than 180 days after the date of the enactment of this Act, the Office of Cadastral Survey of the Bureau of Land Management shall complete a survey of the lands transferred and to be sold under subsection (a) for the purpose of establishing the boundaries of the lands. (d) Conveyance of Utility Corridor.-- (1) In general.--The Secretary shall convey to the San Diego Gas & Electric Company all right, title, and interest of the United States in and to the utility corridor upon-- (A) the completion of the survey required under subsection (c); (B) the receipt by the Secretary of all rents and other fees that may be due to the United States for use of the utility corridor, if any; and (C) the receipt of payment by United States from the San Diego Gas & Electric Company of consideration in an amount equal to the fair market value of the utility corridor, as determined by an appraisal conducted under paragraph (2). (2) Appraisal.-- (A) In general.--Not later than 90 days after the date on which the survey of the utility corridor is completed under subsection (c), the Secretary shall complete an appraisal of the utility corridor. (B) Applicable law.--The appraisal under subparagraph (A) shall be conducted in accordance with-- (i) the Uniform Appraisal Standards for Federal Land Acquisitions; and (ii) the Uniform Standards of Professional Appraisal Practice. (3) Costs.--The San Diego Gas & Electric Company shall pay the costs of carrying out the conveyance of the utility corridor under paragraph (1), including any associated survey and appraisal costs. (4) Disposition of proceeds.--The Secretary shall deposit any amounts received under paragraph (1)(C) of this section in the Federal Land Disposal Account established under section 206(a) of the Federal Land Transaction Facilitation Act (43 U.S.C. 2305(a)). (e) Map on File.--The map referred to in subsection (b) shall be on file in the appropriate offices of the Bureau of Land Management. (f) Legal Descriptions.-- (1) Publication.--On approval of the survey completed under subsection (c) by the duly elected tribal council of the Pechanga Band of Luiseno Mission Indians, the Secretary of the Interior shall publish in the Federal Register-- (A) a legal description of the boundary lines; and (B) legal description of the lands transferred under subsection (a). (2) Effect.--Beginning on the date on which the legal descriptions are published under paragraph (1), such legal descriptions shall be the official legal descriptions of the boundary lines and the lands transferred under subsection (a). (g) Rules of Construction.--Nothing in this Act shall-- (1) enlarge, impair, or otherwise affect any right or claim of the Pechanga Band of Luiseno Mission Indians to any land or interest in land that is in existence before the date of the enactment of this Act; (2) affect any water right of the Pechanga Band of Luiseno Mission Indians in existence before the date of the enactment of this Act; or (3) terminate any right-of-way or right-of-use issued, granted, or permitted before the date of enactment of this Act. (h) Restricted Use of Transferred Lands.-- (1) In general.--The lands transferred under subsection (a) may be used only as open space and for the protection, preservation, and maintenance of the archaeological, cultural, and wildlife resources thereon. (2) No roads.--There shall be no roads other than for maintenance purposes constructed on the lands transferred under subsection (a). (3) Development prohibited.-- (A) In general.--There shall be no development of infrastructure or buildings on the land transferred under subsection (a). (B) Open space.--The land transferred under subsection (a) shall be-- (i) maintained as open space; and (ii) used only for-- (I) purposes consistent with the maintenance of the land as open space; and (II) the protection, preservation, and maintenance of the archaeological, cultural, and wildlife resources on the land transferred. (C) Effect.--Nothing in this paragraph prohibits the construction or maintenance of utilities or structures that are-- (i) consistent with the maintenance of the land transferred under subsection (a) as open space; and (ii) constructed for the protection, preservation, and maintenance of the archaeological, cultural, and wildlife resources on the land transferred. (4) Gaming prohibited.--The Pechanga Band of Luiseno Mission Indians may not conduct, on any land acquired by the Pechanga Band of Luiseno Mission Indians pursuant to this Act, gaming activities or activities conducted in conjunction with the operation of a casino-- (A) as a matter of claimed inherent authority; or (B) under any Federal law (including the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) (including any regulations promulgated by the Secretary or the National Indian Gaming Commission under that Act)). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Pechanga Band of Luiseno Mission Indians Land Transfer Act of 2007 - Transfers certain lands in Riverside and San Diego Counties, California, from the Bureau of Land Management (BLM) to the United States to be held in trust for the Pechanga Band of Luiseno Mission Indians. Prohibits such transfer from including the 12.82 acres of lands more or less, including the facilities, improvements, and appurtenances associated with the existing 230kV transmission line in San Diego County and its 300 foot corridor, which shall be sold by BLM for fair market value to the San Diego Gas & Electric Company not later than 30 days after the completion of the cadastral survey and appraisal described in this Act. Requires: (1) conveyance of the utility corridor to the Gas & Electric Company; and (2) the Company to pay the costs of carrying out the conveyance of the utility corridor, including any associated survey and appraisal costs. Allows the transferred lands to be used only as open space and for the protection, preservation, and maintenance of archeological, cultural, and wildlife resources. Bars the construction of any roads on such lands other than for maintenance purposes. Prohibits the development of infrastructure or buildings on the transferred land. Prohibits the Pechanga Band of Luiseno Mission Indians from conducting gaming activities or activities conducted in conjunction with the operation of a casino: (1) as a matter of claimed inherent authority; or (2) under any federal law, including the Indian Gaming Regulatory Act (including any regulations promulgated by the Secretary of the Interior or the National Indian Gaming Commission under such Act).

To transfer certain land in Riverside County, California, and San Diego County, California, from the Bureau of Land Management to the United States to be held in trust for the Pechanga Band of Luiseno Mission Indians, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``First-time Homebuyer Affordability Act of 1993''. SEC. 2. FINDINGS AND POLICY. (a) Findings.--The Congress finds that-- (1) it is desirable to make funds available from individual retirement plans to encourage first time home ownership, and (2) the tax and penalty on the premature withdrawal of funds from individual retirement plans are substantial impediments to making such funds available for that purpose. (b) Policy.--It is the policy of the Congress to remove impediments to home investment by first-time homebuyers by permitting owners of individual retirement plans to direct the trustees of such plans to invest plan funds as home equity or debt in the homes of family members who are first-time homebuyers. SEC. 3. CERTAIN RETIREMENT PLANS AUTHORIZED TO MAKE EQUITY INVESTMENTS IN PRINCIPAL RESIDENCES FOR FIRST-TIME HOMEBUYERS. (a) Exemption From Prohibited Transaction Rules.--Section 4975 of the Internal Revenue Code of 1986 (relating to tax on prohibited transactions) is amended by redesignating subsections (h) and (i) as subsections (i) and (j), respectively, and by inserting after subsection (g) the following new subsection: ``(h) Special Rule for Home Equity Participation Arrangements.-- ``(1) In general.--The prohibitions provided in subsection (c) shall not apply to any qualified home equity participation arrangement. ``(2) Qualified home equity participation arrangement.--For purposes of this subsection-- ``(A) In general.--The term `qualified home equity participation arrangement' means an arrangement-- ``(i) under which the trustee of an individual retirement plan, at the direction of the eligible participant, shall acquire an ownership interest in all or any part of any dwelling unit which within a reasonable period of time (determined at the time the arrangement is executed) is to be used as the principal residence for a first-time homebuyer, and ``(ii) which meets the requirements of subparagraph (B) of this paragraph. ``(B) Ownership interest requirement.--An arrangement shall meet the requirements of this subparagraph if the ownership interest described in subparagraph (A)-- ``(i) is a fee interest in such property equal to the percentage which-- ``(I) the amount invested by the trustee of the individual retirement plan, bears to ``(II) the acquisition cost of or total equity in the dwelling unit, ``(ii) by its terms requires repayment in full upon-- ``(I) the sale or other transfer of the dwelling unit, or ``(II) the cessation of use as the principal residence of the first-time homebuyer, and ``(iii) may not be used as security for any loan secured by any interest in the dwelling unit. ``(3) Definitions.--For purposes of this subsection-- ``(A) Eligible participant.--The term `eligible participant' means an individual on whose behalf an individual retirement plan is established. ``(B) First-time homebuyer.--The term `first-time homebuyer' means an individual who-- ``(i) is an eligible participant or qualified family member, and ``(ii) had (and if married, such individual's spouse had) no present ownership interest in a principal residence at any time during the 36-month period before the date of the arrangement. ``(C) Qualified family member.--The term `qualified family member' means a child (as defined in section 151(c)(3)), parent, or grandparent of the eligible participant (or such participant's spouse). Section 152(b)(2) shall apply in determining if an individual is a parent or grandparent of an eligible participant (or such participant's spouse). ``(D) Acquisition; etc.-- ``(i) Acquisition.--The term `acquisition' includes construction, reconstruction, and improvement related to such acquisition. ``(ii) Acquisition cost.--The term `acquisition cost' has the meaning given such term by section 143(k)(3). ``(E) Principal Residence.--The term `principal residence' has the same meaning as when used in section 1034.''. (b) Effective Date.--The amendment made by this section shall apply to arrangements entered into after December 31, 1992. SEC. 4. LOANS USED TO ACQUIRE PRINCIPAL RESIDENCES FOR FIRST-TIME HOMEBUYERS. (a) Individual Retirement Plans.--Section 408(e) of the Internal Revenue Code of 1986 (relating to tax treatment of accounts and annuities) is amended by adding at the end thereof the following new paragraph: ``(7) Loans used to purchase a home for first-time homebuyers.-- ``(A) In general.--Paragraphs (3) and (4) shall not apply to any qualified home purchase loan made, or secured, by an individual retirement plan. ``(B) Qualified home purchase loan.--For purposes of this paragraph, the term `qualified home purchase loan' means a loan-- ``(i) made by the trustee of an individual retirement plan at the direction of the individual on whose behalf such plan is established, ``(ii) the proceeds of which are used for the acquisition of a dwelling unit which within a reasonable period of time (determined at the time the loan is made) is to be used as the principal residence for a first-time homebuyer, ``(iii) which is secured by the dwelling unit, ``(iv) which by its terms requires repayment in full within 15 years after the date of acquisition of the dwelling unit, ``(v) which by its terms treats any amount remaining unpaid in the taxable year beginning after the period described in clause (iv) as distributed in such taxable year to the individual on whose behalf such plan is established and subject to section 72(t)(1), and ``(vi) which bears interest from the date of the loan at a rate not less than the rate for comparable United States Treasury obligations on such date. ``(C) Definitions.--For purposes of this paragraph-- ``(i) First-time homebuyer.--The term `first-time homebuyer' has the meaning given such term by section 4975(h)(3)(B). ``(ii) Acquisition.--The term `acquisition' has the meaning given such term by section 4975(h)(3)(D)(i). ``(iii) Principal residence.--The term `principal residence' has the same meaning as when used in section 1034. ``(iv) Date of acquisition.--The term `date of acquisition' means the date-- ``(I) on which a binding contract to acquire the principal residence to which subparagraph (B) applies is entered into, or ``(II) on which construction, reconstruction, or improvement of such a principal residence is commenced.''. (b) Prohibited Transaction.--Section 4975(d) of the Internal Revenue Code of 1986 (relating to exemptions from tax on prohibited transactions) is amended by striking ``or'' at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting ``; or'', and by inserting after paragraph (15) the following new paragraph: ``(16) any loan that is a qualified home purchase loan (as defined in section 408(e)(7)(B)).''. (c) Effective Date.--The amendments made by this section shall apply to loans made after December 31, 1992.

First-time Homebuyer Affordability Act of 1993 - Amends the Internal Revenue Code to make the tax on prohibited transactions inapplicable to a home equity participation arrangement. Describes such arrangement as one in which the eligible participant in an individual retirement plan directs the plan trustee to acquire an ownership interest in all or part of any dwelling unit which within a reasonable period of time is to be used as the principal residence for a first-time homebuyer. Requires such ownership interest to be a fee interest which requires full repayment. Describes the first-time homebuyer as an eligible participant or a qualified family member (child, parent, grandparent, or spouse) who had no present ownership interest in a principal residence during the 36-month period before the date of the arrangement. Allows the use of amounts in an individual retirement plan to make loans to purchase a home for a first-time homebuyer on behalf of an eligible participant or a qualified family member. Requires the repayment of first-time homebuyer loans within 15 years.

First-time Homebuyer Affordability Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Measuring and Evaluating Trends for Reliability, Integrity, and Continued Success Act''. SEC. 2. DATA SYSTEMS AND REQUIREMENTS. Subpart 1 of part A of title I of the Elementary and Secondary Education Act of 1965 is amended by adding at the end the following: ``SEC. 1120C. DATA SYSTEMS AND REQUIREMENTS. ``(a) In General.--A State that receives funds under this part shall, not later than 4 years after the date of the enactment of this section, develop and implement a longitudinal data system, which shall include public charter schools, that meets the requirements of this section. ``(b) Advisory Committee.-- ``(1) In general.--In developing the data system described in subsection (a), each State that receives funds under this section shall form a committee to advise the State on the development and implementation of such system. Such committee shall be established within 6 months of the date of enactment of this section. ``(2) Membership.--Each individual serving on the committee established under paragraph (1) shall be selected by the State and have sufficient experience in and knowledge of the development, implementation, maintenance, and use of such data systems. In establishing the membership of the committee, each State shall ensure that individuals on such committee have the following backgrounds and experience: ``(A) Operating unions that represent teachers. ``(B) Teaching in public elementary and secondary schools. ``(C) Administering programs under this Act. ``(D) Operating or representing businesses. ``(E) Civil rights. ``(F) Academic and research. ``(c) Essential Elements.--The data system required by subsection (a) shall include the following elements: ``(1) A unique statewide student identifier that remains stable and consistent across time. ``(2) Student-level enrollment, demographic, and program participation information, including information on individual students' membership in the groups described under section 1111(b)(2)(C), school, grade, classroom level, enrollment, and attendance. ``(3) The ability to match individual students' scores on academic assessments required under this Act from year to year. ``(4) Information described in paragraph (2) on students that have not participated in the academic assessments required under section 1111(b)(3) and the reasons such students did not participate. ``(5) Student-level data on the entrance and exit of the education system of each student, including first time grade enrollment, grade level retention, verified transfer status, dropout rates, receipt of established diploma or nonstandard diploma, receipt of a GED, incarceration, and death. ``(6) A statewide audit system to ensure the quality, validity, and reliability of data in such system. ``(7) A unique statewide teacher identifier that remains consistent over time and matches all student records described in this subsection to the appropriate teacher. ``(8) Student-level transcript information, including information on courses completed and grades earned. ``(9) Ability to link information from preschool through grade 12, including that of students with disabilities, to data systems in higher education, and to gather information on college enrollment, placement, persistence, and attainment, and ability to link data systems to data from workforce development, unemployment insurance, child welfare, juvenile justice, and military services information systems. ``(d) Other Element.--The data system required by subsection (a) may include student-level data on participation in and performance on college admissions and placement assessments. ``(e) Requirements.--The data system required by subsection (a) shall be developed and implemented to ensure the following: ``(1) The privacy of student records, consistent with the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g). ``(2) Effective data architecture and storage, including standard definitions and formatting, and warehousing, including the ability to link student records over time and across databases and to produce standardized or customized reports for use by local educators and policymakers, that-- ``(A) is based on informational needs at the classroom, school, local educational agency, State, and Federal levels; ``(B) includes, at a minimum, all data elements required for reporting under this Act; ``(C) allows for longitudinal analysis of student achievement growth and program evaluations; and ``(D) supports analyses and research to evaluate the effectiveness of education related programs and initiatives. ``(3) Interoperability among software interfaces utilized to input, access, and analyze the data of such system. ``(4) Interoperability with the other State and local systems developed and implemented pursuant to this section. ``(5) Interoperability with the system linking migratory student records required under part C. ``(6) Electronic portability of data and records. ``(7) Professional development for those that use and operate such system. ``(8) Researcher access to the data in such system, consistent with the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g). ``(9) The data described in subsection (c)(7) shall not be used in a manner that reduces the rights or remedies of employees under any other Federal, State, or local law or under any collective bargaining agreement or memorandum of understanding. ``(f) Preexisting Data Systems.--A State that developed and implemented a longitudinal data system prior to the date of the enactment of this section may use that system for the purpose of this section, if the system otherwise meets the requirements of this section. ``(g) Certification.--Prior to the implementation of the data system required by subsection (a), a State shall submit an independently conducted audit to the Secretary certifying that the data system developed and proposed to be implemented by the State pursuant to this section meets the requirements of this section. ``(h) Authorization of Appropriations.--For the purposes of meeting the requirements of this section, there are authorized to be appropriated $150,000,000 for fiscal year 2008 and each of the 3 succeeding fiscal years. ``(i) Allocation.--After reserving funds under subsection (j), from the funds appropriated under subsection (h), each State shall receive an allocation. In making such allocation, the Secretary shall allocate 50 percent of such funds in a manner that provides an equal amount to each State. The remainder of such funds shall be allocated to each State based on each State's enrollment of students in kindergarten through grade 12, compared to all States. ``(j) Application.--The Secretary shall allot the funds described in subsection (i) after the State submits an application for such funds at such time, in such manner, and containing such information, as the Secretary may require. ``(k) Penalties.--Where any State is found not to have made substantial progress toward implementation of such a system three years after the date of the enactment of this section, the Secretary may withhold up to 25 percent of the State's funds reserved under section 1004. ``(l) Allowable Uses of Funds.--After the Secretary's certification of the State's data system pursuant to subsection (e), the State may use the funds received under this section to-- ``(1) maintain, operate, and upgrade its data systems; ``(2) provide data integrity training at the school and local educational agency levels to address technology maintenance needs at the school and district levels, privacy policies (including training related to the Family Educational Rights and Privacy Act of 1974), data integrity issues, report planning and processes; ``(3) provide professional development to teachers, office personnel, and school and district administrators on how to appropriately collect, report, and use data; ``(4) develop processes to analyze and disseminate best practices, strategies, and approaches regarding pedagogical advancement that will leverage the data system to enhance teaching and learning, including creating opportunities for individualized instruction; ``(5) align statewide longitudinal data systems with local student information management systems and curriculum management systems, instructional management systems, or learning management systems; or ``(6) conduct and publicly report on the findings of data analyses to identify and fill areas in need of improvement in policy and instructional practice. ``(m) Reservation for State Education Data Center.-- ``(1) In general.--From funds appropriated under subsection (g), the Secretary shall reserve 1 percent, but no more than $2,000,000, for the purpose of awarding a grant to one or more nonprofit entities to support the operation of a State education data center. ``(2) Application.--A nonprofit entity that desires 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. The Secretary shall award such grant through a competitive process. Each application for a grant shall-- ``(A) provide an assurance that the entity will seek private, non-Federal funds, in addition the funds awarded under this subsection, to support the operation of the State education data center; ``(B) include a plan for continued financial support of such center by private, non-Federal funds; and ``(C) describe the experience and knowledge pertaining to education data system development, implementation and use that the entity will employ to operate such center. ``(3) Uses of funds.--An entity which receives grant funds under this subsection shall use such funds to-- ``(A) provide technical assistance to the States in the development, implementation and user of State education longitudinal data systems required under this section; ``(B) disseminate best practices on the development, implementation, and use of such systems; and ``(C) serve as a central repository for education and school safety related data required under this Act. ``(4) Public access.--An entity which receives grant funds under this subsection shall make such data publicly available, consistent with the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g).''.

Measuring and Evaluating Trends for Reliability, Integrity, and Continued Success Act - Amends the Elementary and Secondary Education Act of 1965 to require each state receiving school improvement funds to implement, within four years of this Act's enactment, a pre- through high-school longitudinal data system that includes: (1) a unique and consistent statewide student identifier; (2) the ability to track student participation and performance over time; (3) a unique and consistent statewide teacher identifier that matches student records to the appropriate teacher; and (4) the ability to link its data to data from higher education, workforce development, unemployment insurance, child welfare, juvenile justice, and military services information systems. Allots funds to states to operate, upgrade, and optimize the use of their data systems. Reserves funds for competitive grants to nonprofit entities to support a state education data center.

To amend the Elementary and Secondary Education Act of 1965 to provide for the use of longitudinal data systems.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Nurse Act of 2006''. SEC. 2. AMENDING PUBLIC HEALTH SERVICE ACT WITH RESPECT TO THE OFFICE OF THE NATIONAL NURSE. Title XVII of the Public Health Service Act (42 U.S.C. 300u et seq.) is amended by adding at the end the following section: ``SEC. 1711. OFFICE OF THE NATIONAL NURSE. ``(a) Establishment of Office.--There is established within the Office of Public Health and Science an office to be known as the Office of the National Nurse, which shall be headed by an individual serving in a position to be known as the National Nurse. The Secretary shall appoint a registered nurse to serve in such position. The Secretary shall carry out this section acting through the National Nurse. ``(b) Duties.--The National Nurse shall-- ``(1) carry out activities to encourage individuals to enter the nursing profession, including providing education on the distinct role of nurses in the health professions and examining nursing issues that would increase public safety, such as issues relating to staff levels, working conditions, and patient input; ``(2) carry out activities to encourage nurses to become educators in schools of nursing; ``(3) carry out activities to promote the public health, including encouraging nurses to be volunteers to projects that educate the public on achieving better health; and ``(4) conduct media campaigns and make personal appearances for purposes of paragraphs (1) through (3). ``(c) Annual Priorities on Achieving Better Health.-- ``(1) In general.--Each fiscal year the National Nurse shall designate four methods of achieving better health that will be given priority by the National Nurse in carrying out subsection (b)(3) (referred to in this subsection as `annual health priorities'). The National Nurse shall designate such priorities in consultation with the Surgeon General of the Public Health Service, the heads of the agencies of such Service, the States, and organizations that represent health professionals. ``(2) Community-based projects.-- ``(A) In general.--In carrying out subsection (b)(3), the National Nurse shall make grants to nonprofit private entities to carry out projects for the purpose of educating the public on the annual health priorities, including outreach activities in settings such as schools, senior centers, and libraries. ``(B) State coordinators; nurse teams.--In making grants under subparagraph (A), the National Nurse shall provide for the following with respect to a State and particular communities in which activities under the grant will be carried out: ``(i) The designation of an individual to coordinate such activities within the State (referred to in this paragraph as the `State coordinator'). ``(ii) Under the guidance of the State coordinator, the formation of teams of nurses who volunteer to provide the education referred to subparagraph (A), which teams are diverse and representative in terms of educational level in the field of nursing and in terms of racial and ethnic minority groups. ``(iii) The collection in such communities, in accordance with criteria of the National Nurse, of data relating to the annual health priorities. ``(C) Media campaigns.--The National Nurse shall ensure that media campaigns under subsection (b)(4) include media campaigns regarding the annual health priorities. ``(D) Evaluations.--The National Nurse shall, directly or through awards of grants or contracts, evaluate projects under subparagraph (A) to determine the extent to which the projects have been successful in carrying out the purpose described in such subparagraph. ``(E) Dissemination of information.--The National Nurse shall-- ``(i) disseminate information obtained in the evaluations under subparagraph (D); and ``(ii) disseminate such other information obtained pursuant to projects under subparagraph (A) as the National Nurse determines to be appropriate. ``(d) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2006 through 2010.''.

National Nurse Act of 2006 - Amends the Public Health Service Act to establish the Office of the National Nurse within the Office of Public Health and Science to: (1) encourage individuals to enter the nursing profession; (2) encourage nurses to become educators in schools of nursing; and (3) promote the public health. Requires the National Nurse to: (1) designate four methods of achieving better health that will be given priority; and (2) make grants to nonprofit private entities to carry out projects for the purpose of educating the public on the annual health priorities.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Puerto Rico Land and Water Conservation Act of 2000''. SEC. 2. FINDINGS, PURPOSE, AND DEFINITIONS. (a) Findings.--Congress finds that-- (1) the Karst Region of Puerto Rico is a unique geological formation which is critical to the maintenance of aquifers which constitute a principal water supply for much of Puerto Rico; (2) the Karst Region is threatened by development which, if unchecked, could permanently damage aquifers supplying fresh water and cause irreparable damage to the natural and environmental assets which are unique to the United States and Puerto Rico; (3) the protection of the Karst Region is an imperative for the public health and welfare of the citizens of Puerto Rico; (4) the Karst Region possesses extraordinary ecological diversity, including the habitats of endangered and threatened species and tropical migrants and is, therefore, an area of critical value to research in tropical forest management; (5) coordinated efforts at land protection by agencies of the Federal Government and the Commonwealth of Puerto Rico will be necessary to conserve this environmentally critical area; and (6) existing units of the National Forest System and the National Wildlife Refuge System also possess critical natural resources threatened by outside development. (b) Purpose.--The purpose of this Act is to authorize the Secretary of Agriculture, the Secretary of the Interior, and other Federal departments and agencies to cooperate with the Commonwealth of Puerto Rico-- (1) in the acquisition, restoration, protection, and management of lands and waters of the Karst Region and units of the National Forest System and National Wildlife Refuge System in Puerto Rico; (2) in the establishment of new conservation areas administered by Puerto Rico and the Federal Government; and (3) in the protection and management of fresh water aquifers, tropical forest ecosystems, and threatened and endangered species and their habitats. (c) Definitions.--For the purposes of this Act the following definitions apply: (1) Area.--The term ``Area'' means the Karst Resource Protection Area established by section 3. (2) Fund.--The term ``Fund'' means the Puerto Rico Land Conservation Fund established by section 7. (3) Governor.--The term ``Governor'' means the Governor of Puerto Rico. (4) Map.--The term ``Map'' means the map entitled ``Karst Resource Protection Area'', dated January 2000. (5) Natural resource conservation unit.--The term ``natural resource conservation unit'' means a national forest when administered by the Secretary of Agriculture, a National Wildlife Refuge when administered by the Secretary of the Interior, and a Commonwealth Forest when administered by the Secretary of the Puerto Rico Department of Natural and Environmental Resources. (6) Puerto rico.--The term ``Puerto Rico'' means the Commonwealth of Puerto Rico, or its successor. (7) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. SEC. 3. THE KARST RESOURCE PROTECTION AREA. (a) Establishment.--There is hereby established the Karst Resource Protection Area in order to provide for cooperative land conservation efforts by the Federal Government and Puerto Rico. (b) Boundaries of Area.-- (1) In general.--The Area shall comprise those lands and interests therein, as generally depicted on the Map. (2) Map on file.--The Map shall be on file and available for public inspection in the office of the Chief, Forest Service, Washington, DC., the office of the Director, United States Fish and Wildlife Service, Washington, DC., and the office of the Secretary of the Puerto Rico Department of Natural and Environmental Resources, San Juan, Puerto Rico. (3) Adjustments.--The Secretary, in consultation with the Secretary of the Interior and the Secretary of the Puerto Rico Department of Natural and Environmental Resources, may make minor adjustments to expand the boundaries of any unit within the Area insofar as such expansion does not increase the area of such unit by more than 10 percent. (c) Units.--The Area shall be divided into units as depicted on the Map with general management responsibility for each unit being divided among the Secretary, the Secretary of the Interior, and the Governor. SEC. 4. ADMINISTRATION OF THE AREA. (a) In General.-- (1) Cooperative program.--The Secretary, acting with the International Institute of Tropical Forestry and the Caribbean National Forest, and in cooperation with the Secretary of the Interior and the Governor, shall administer a cooperative program of land conservation and protection, research, and public use within the Area. (2) Management Objectives.--Lands within the Area administered under this program shall be managed primarily for the objectives of-- (A) protecting watersheds and water quality; (B) maintaining and enhancing biodiversity; and (C) conserving fish, wildlife, and their habitats. (3) Principal component.--Natural resources research shall be a principal component of the management of the Area. (4) Uses.--Public recreation and other uses shall be permitted within the Area to the extent that such recreation and uses are compatible with the primary management objectives for the Area. (b) Cooperation.--In order to carry out the purposes of this Act, the Secretary and Secretary of the Interior may enter into contracts, cooperative agreements and similar arrangements between themselves and with the Governor and other entities, including corporations, organizations, and individuals. (c) Supplemental Authorities.--In administering the Area-- (1) the Secretary may use any other authorities available including, the Cooperative Forestry Assistance Act (92 Stat. 365), the International Forestry Cooperation Act of 1990 (104 Stat. 2070), and the Forest and Rangeland Renewable Resources Research Act of 1978 (92 Stat. 353); (2) the Secretary of the Interior may use any other authorities available, including the Fish and Wildlife Coordination Act (16 U.S.C. 661-667e), the Migratory Bird Conservation Act (16 U.S.C. 715-715r), the Migratory Bird Treaty Act (16 U.S.C. 703-711), the National Wildlife Refuge System Administration Act (16 U.S.C. 668dd-668ee), and the Act of May 19, 1948 (16 U.S.C. 667b-667d); and (3) the Governor may use any authorities available under the laws of the Commonwealth of Puerto Rico for land acquisition and restoration purposes. SEC. 5. LAND PROTECTION. (a) Land Acquisition.--The Secretary and the Secretary of the Interior are authorized by this Act to acquire from willing sellers by purchase, exchange, donation, or otherwise, lands and interests therein, within the Area for the purposes of this Act. (b) Federal Land Within the Area.-- (1) In general.--At the direction of the Secretary, any lands or interests in lands within the Area owned by the United States, including lands to which title is held by the Commodity Credit Corporation and any subsidiary entity, shall be managed in furtherance of the purposes of this Act. (2) Transfers of administration jurisdiction.--Pursuant to such terms and conditions as the Secretary may prescribe, lands or interests in lands may be transferred without consideration to the administrative jurisdiction of land management agencies within the Department of Agriculture, to the Fish and Wildlife Service of the Department of the Interior, or to the Department of Natural and Environmental Resources of Puerto Rico, to be managed as part of the natural resource conservation units under their respective jurisdiction. Interdepartmental transfers of land between Federal agencies shall be effected through publication of a notice thereof in the Federal Register. (3) Compelling need exception.--This subsection shall not apply to Federal lands or interests in land if the head of the agency controlling the property determines that there is a compelling program need for any such property. (c) Valuation.--The Secretary and the Secretary of the Interior may acquire lands and interests therein, based on the fair market value of land within a unit or parts of units of the Area determined by a project appraisal report or other valuation methodology consistent with the Uniform Appraisal Standards for Federal Land Acquisitions. (d) Programs of the Department of Agriculture.-- (1) In general.--The Secretary may use any program of the Department of Agriculture in furtherance of the purposes of this Act. (2) Acquisitions.--The Secretary may acquire from the Government of Puerto Rico easements under the Wetlands Reserve Program if the Commonwealth of Puerto Rico agrees that any consideration paid for such easements shall be used for the acquisition, protection, and restoration of lands within those portions of the Area under its administration. (e) Withdrawals.--Subject to valid existing rights, all Federal lands and interests in lands within the Area are withdrawn from all forms of appropriation under the mining laws and from disposition under all laws pertaining to mineral and geothermal leasing, including all amendments thereto. (f) Hazardous Substances.--Nothing in this Act shall be construed to require the Secretary or the Secretary of the Interior to accept title to any land deemed to be contaminated with hazardous substances unless adequate provision is made for remediation, cleanup, and other actions deemed necessary and desirable by the acquiring agency for environmental restoration and protection. SEC. 6. NATIONAL FOREST LANDS. (a) Applicable Laws, Rules, and Regulations.--Federally owned lands within the Area which are managed by the Secretary shall be subject to this Act and the laws, rules, and regulations applicable to the National Forest System. (b) Authorities Available.--In furtherance of the purposes of the International Institute of Tropical Forestry, for those portions of the Area under the administrative jurisdiction of the Secretary, the authorities of the Forest and Rangeland Renewable Resources Research Act of 1978 (16 U.S.C. 1600 et seq.) shall be available, including those for the establishment of experimental forest research facilities. (c) Designation as Component of Caribbean National Forest.--At such time as the Secretary deems that sufficient lands and interests in land have been acquired in the Area in order to manage said lands as National Forests in conformity with this Act, the Secretary may designate the same as a component of the Caribbean National Forest or as another unit of the National Forest System by publication of notice thereof in the Federal Register. SEC. 7. PUERTO RICO LAND CONSERVATION FUND. (a) Fund Creation.--There is hereby established in the Treasury of the United States a special account to be known as the Puerto Rico Land Conservation Fund which shall be administered by the Secretary. The Fund shall be available to the Secretary and the Secretary of the Interior to carry out the protection of the Area and other National Forest and National Wildlife Refuge units in Puerto Rico through land acquisition as authorized herein, and the restoration of wetlands and other ecologically sensitive areas. Moneys made available for the Fund shall be supplemental to those that may be available from other sources. (b) Deposits Into the Fund.--The following funds and receipts shall be deposited into the Fund which shall be available, until expended and without further appropriation, to the Secretary and the Secretary of the Interior in furtherance of the purposes of this Act: (1) Treasury.--On October 1, 2000, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall provide $100,000,000 to the Fund. (2) Surplus real property sales.--All funds received by the Administrator of the General Services Administration from the disposal of surplus real property in Puerto Rico pursuant to the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.). (3) User fees.--Notwithstanding the provisions of the Act of May 23, 1908 (16 U.S.C. 500), all net receipts generated from the use of the Caribbean National Forest. (4) Other funds received or appropriated for the purposes of this Act, including donations. (c) Allocations From the Fund.-- (1) In general.--Amounts in the Fund shall be allocated as follows: (A) No less than 90 percent for land acquisition and restoration within the Area. (B) No more than 10 percent for land acquisition and restoration within the unit of the Caribbean National Forest existing as of the date of the enactment of this Act. (2) Land acquisition expenditures.--For purposes of this subsection, expenditures for land acquisition shall include the costs of the land and associated administrative costs including, valuation, title review, legal, and conveyance costs. (d) Other Funding.--In addition to the Fund established under this section, the Secretary, the Secretary of the Interior, or the Governor may use any other authorized and appropriated sources of funding in furtherance of the purposes of this Act. SEC. 8. ESTABLISHMENT OF THE RIO ENCANTADO NATIONAL WILDLIFE REFUGE. (a) Authorization.--The Secretary of the Interior is authorized to establish the Rio Encantado National Wildlife Refuge located in the municipalities of Ciales, Manati, Florida, and Arecibo, Puerto Rico, as identified in the preliminary project proposal entitled ``Proposed Establishment of the Rio Encantado National Wildlife Refuge'', dated May 1999, as amended and approved by the Director of the United States Fish and Wildlife Service. (b) Establishment.--The Secretary of the Interior shall make such establishment by publication of notice thereof in the Federal Register upon the determination of the Secretary of the Interior that sufficient lands and interests in land have been acquired within the boundaries of the Refuge to enable management in furtherance of fish and wildlife conservation, particularly the reintroduction of the endangered Puerto Rican parrot. Upon establishment, the Rio Encantado National Wildlife Refuge shall be managed by the Secretary of the Interior as a unit of the National Wildlife Refuge System in accordance with this Act, the National Wildlife Refuge System Administration Act (16 U.S.C. 668dd et seq.), and all other laws and regulations generally applicable to units of the National Wildlife Refuge System. (c) Description.--The boundaries of the Rio Encantado National Wildlife Refuge shall be as generally depicted on the Map. The Secretary of the Interior, in consultation with the Secretary, may include a description of the boundary, with any appropriate adjustments, in the publication of the notice of establishment required under subsection (b). SEC. 9. WILD AND SCENIC RIVERS. (a) Amendment To Provide for Study.--To provide for the study of potential additions to the National Wild and Scenic Rivers System, section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(a)) is amended by adding at the end the following new paragraphs: ``( ) Rio Encantado, Puerto Rico.--The main underground river system. ``( ) Rio Guajataca, Puerto Rico.--The river from the Lake Guajataca dam to the ocean. ``( ) Rio Camuy, Puerto Rico.--The entire river. ``( ) Rio Tanama, Puerto Rico.--The entire river.''. (b) Requirements for Studies.--The studies authorized by this section shall be conducted in conformity with the Wild and Scenic Rivers Act by the Secretary of the Interior, in consultation with the Secretary of Agriculture and the Governor. The studies shall be completed and reports thereon submitted to the Congress no later than three full fiscal years from the date of the enactment of this section. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There is hereby authorized to be appropriated $100,000,000 for the purposes of this Act.

Declares that federally-owned lands within the Area shall be subject to this Act and the laws, rules, and regulations applicable to the National Forest System. Establishes the Puerto Rico Land Conservation Fund which shall be used for the protection of the Area and other National Forest and National Wildlife Refuge units in Puerto Rico. Allocates certain amounts from the Treasury to the Fund. Establishes, as part of the National Wildlife Refuge System, the Rio Encantado National Wildlife Refuge in the municipalities of Ciales, Manati, Florida, and Arecibo, Puerto Rico. Requires the acquisition of sufficient lands within the Refuge to enable management in furtherance of fish and wildlife conservation, particularly the reintroduction of the endangered Puerto Rican parrot. Provides for the study of certain named rivers in Puerto Rico for possible addition to the National Wild and Scenic Rivers System. Authorizes appropriations.

Puerto Rico Land and Water Conservation Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Combating Opioid Abuse for Care in Hospitals Act of 2018'' or the ``COACH Act of 2018''. SEC. 2. DEVELOPING GUIDANCE ON PAIN MANAGEMENT AND OPIOID USE DISORDER PREVENTION FOR HOSPITALS RECEIVING PAYMENT UNDER PART A OF THE MEDICARE PROGRAM. (a) In General.--Not later than January 1, 2019, the Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall develop and publish on the public website of the Centers for Medicare & Medicaid Services guidance for hospitals receiving payment under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.) on pain management strategies and opioid use disorder prevention strategies with respect to individuals entitled to benefits under such part. (b) Consultation.--In developing the guidance described in subsection (a), the Secretary shall consult with relevant stakeholders, including-- (1) medical professional organizations; (2) providers and suppliers of services (as such terms are defined in section 1861 of the Social Security Act (42 U.S.C. 1395x)); (3) health care consumers or groups representing such consumers; and (4) other entities determined appropriate by the Secretary. (c) Contents.--The guidance described in subsection (a) shall include, with respect to hospitals and individuals described in such subsection, the following: (1) Best practices regarding evidence-based screening and practitioner education initiatives relating to screening and treatment protocols for opioid use disorder, including-- (A) methods to identify such individuals at-risk of opioid use disorder, including risk stratification; (B) ways to prevent, recognize, and treat opioid overdoses; and (C) resources available to such individuals, such as opioid treatment programs, peer support groups, and other recovery programs. (2) Best practices for such hospitals to educate practitioners furnishing items and services at such hospital with respect to pain management and substance use disorders, including education on-- (A) the adverse effects of prolonged opioid use; (B) non-opioid, evidence-based, non-pharmacological pain management treatments; (C) monitoring programs for individuals who have been prescribed opioids; and (D) the prescribing of naloxone along with an initial opioid prescription. (3) Best practices for such hospitals to make such individuals aware of the risks associated with opioid use (which may include use of the notification template described in paragraph (4)). (4) A notification template developed by the Secretary, for use as appropriate, for such individuals who are prescribed an opioid that-- (A) explains the risks and side effects associated with opioid use (including the risks of addiction and overdose) and the importance of adhering to the prescribed treatment regimen, avoiding medications that may have an adverse interaction with such opioid, and storing such opioid safely and securely; (B) highlights multimodal and evidence-based non- opioid alternatives for pain management; (C) encourages such individuals to talk to their health care providers about such alternatives; (D) provides for a method (through signature or otherwise) for such an individual, or person acting on such individual's behalf, to acknowledge receipt of such notification template; (E) is worded in an easily understandable manner and made available in multiple languages determined appropriate by the Secretary; and (F) includes any other information determined appropriate by the Secretary. (5) Best practices for such hospital to track opioid prescribing trends by practitioners furnishing items and services at such hospital, including-- (A) ways for such hospital to establish target levels, taking into account the specialties of such practitioners and the geographic area in which such hospital is located, with respect to opioids prescribed by such practitioners; (B) guidance on checking the medical records of such individuals against information included in prescription drug monitoring programs; (C) strategies to reduce long-term opioid prescriptions; and (D) methods to identify such practitioners who may be over-prescribing opioids. (6) Other information the Secretary determines appropriate, including any such information from the Opioid Safety Initiative established by the Department of Veterans Affairs or the Opioid Overdose Prevention Toolkit published by the Substance Abuse and Mental Health Services Administration. SEC. 3. REQUIRING THE REVIEW OF QUALITY MEASURES RELATING TO OPIOIDS AND OPIOID USE DISORDER TREATMENTS FURNISHED UNDER THE MEDICARE PROGRAM AND OTHER FEDERAL HEALTH CARE PROGRAMS. (a) In General.--Section 1890A of the Social Security Act (42 U.S.C. 1395aaa-1) is amended by adding at the end the following new subsection: ``(g) Technical Expert Panel Review of Opioid and Opioid Use Disorder Quality Measures.-- ``(1) In general.--Not later than 180 days after the date of the enactment of this subsection, the Secretary shall establish a technical expert panel for purposes of reviewing quality measures relating to opioids and opioid use disorders, including care, prevention, diagnosis, health outcomes, and treatment furnished to individuals with opioid use disorders. The Secretary may use the entity with a contract under section 1890(a) and amend such contract as necessary to provide for the establishment of such technical expert panel. ``(2) Review and assessment.--Not later than 1 year after the date the technical expert panel described in paragraph (1) is established (and periodically thereafter as the Secretary determines appropriate), the technical expert panel shall-- ``(A) review quality measures that relate to opioids and opioid use disorders, including existing measures and those under development; ``(B) identify gaps in areas of quality measurement that relate to opioids and opioid use disorders, and identify measure development priorities for such measure gaps; and ``(C) make recommendations to the Secretary on quality measures with respect to opioids and opioid use disorders for purposes of improving care, prevention, diagnosis, health outcomes, and treatment, including recommendations for revisions of such measures, need for development of new measures, and recommendations for including such measures in the Merit-Based Incentive Payment System under section 1848(q), the alternative payment models under section 1833(z)(3)(C), the shared savings program under section 1899, the quality reporting requirements for inpatient hospitals under section 1886(b)(3)(B)(viii), and the hospital value-based purchasing program under section 1886(o). ``(3) Consideration of measures by secretary.--The Secretary shall consider-- ``(A) using opioid and opioid use disorder measures (including measures used under the Merit-Based Incentive Payment System under section 1848(q), measures recommended under paragraph (2)(C), and other such measures identified by the Secretary) in alternative payment models under section 1833(z)(3)(C) and in the shared savings program under section 1899; and ``(B) using opioid measures described in subparagraph (A), as applicable, in the quality reporting requirements for inpatient hospitals under section 1886(b)(3)(B)(viii),and in the hospital value- based purchasing program under section 1886(o). ``(4) Prioritization of measure development.--The Secretary shall prioritize for measure development the gaps in quality measures identified under paragraph (2)(B).''. (b) Expedited Endorsement Process for Opioid Measures.--Section 1890(b)(2) of the Social Security Act (42 U.S.C. 1395aaa(b)(2)) is amended by adding at the end the following new flush sentence: ``Such endorsement process shall, as determined practicable by the entity, provide for an expedited process with respect to the endorsement of such measures relating to opioids and opioid use disorders.''. SEC. 4. TECHNICAL EXPERT PANEL ON REDUCING SURGICAL SETTING OPIOID USE; DATA COLLECTION ON PERIOPERATIVE OPIOID USE. (a) Technical Expert Panel on Reducing Surgical Setting Opioid Use.-- (1) In general.--Not later than 6 months after the date of the enactment of this Act, the Secretary of Health and Human Services shall convene a technical expert panel, including medical and surgical specialty societies and hospital organizations, to provide recommendations on reducing opioid use in the inpatient and outpatient surgical settings and on best practices for pain management, including with respect to the following: (A) Approaches that limit patient exposure to opioids during the perioperative period, including pre- surgical and post-surgical injections, and that identify such patients at risk of opioid use disorder pre-operation. (B) Shared decision making with patients and families on pain management, including recommendations for the development of an evaluation and management code for purposes of payment under the Medicare program under title XVIII of the Social Security Act that would account for time spent on shared decision making. (C) Education on the safe use, storage, and disposal of opioids. (D) Prevention of opioid misuse and abuse after discharge. (E) Development of a clinical algorithm to identify and treat at-risk, opiate-tolerant patients and reduce reliance on opioids for acute pain during the perioperative period. (2) Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to Congress and make public a report containing the recommendations developed under paragraph (1) and an action plan for broader implementation of pain management protocols that limit the use of opioids in the perioperative setting and upon discharge from such setting. (b) Data Collection on Perioperative Opioid Use.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report that contains the following: (1) The diagnosis-related group codes identified by the Secretary as having the highest volume of surgeries. (2) With respect to each of such diagnosis-related group codes so identified, a determination by the Secretary of the data that is both available and reported on opioid use following such surgeries, such as with respect to-- (A) surgical volumes, practices, and opioid prescribing patterns; (B) opioid consumption, including-- (i) perioperative days of therapy; (ii) average daily dose at the hospital, including dosage greater than 90 milligram morphine equivalent; (iii) post-discharge prescriptions and other combination drugs that are used before intervention and after intervention; (iv) quantity and duration of opioid prescription at discharge; and (v) quantity consumed and number of refills; (C) regional anesthesia and analgesia practices, including pre-surgical and post-surgical injections; (D) naloxone reversal; (E) post-operative respiratory failure; (F) information about storage and disposal; and (G) such other information as the Secretary may specify. (3) Recommendations for improving data collection on perioperative opioid use, including an analysis to identify and reduce barriers to collecting, reporting, and analyzing the data described in paragraph (2), including barriers related to technological availability. SEC. 5. REQUIRING THE POSTING AND PERIODIC UPDATE OF OPIOID PRESCRIBING GUIDANCE FOR MEDICARE BENEFICIARIES. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall post on the public website of the Centers for Medicare & Medicaid Services all guidance published by the Department of Health and Human Services on or after January 1, 2016, relating to the prescribing of opioids and applicable to opioid prescriptions for individuals entitled to benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.) or enrolled under part B of such title of such Act (42 U.S.C. 1395j et seq.). (b) Update of Guidance.-- (1) Periodic update.--The Secretary shall, in consultation with the entities specified in paragraph (2), periodically (as determined appropriate by the Secretary) update guidance described in subsection (a) and revise the posting of such guidance on the website described in such subsection. (2) Consultation.--The entities specified in this paragraph are the following: (A) Medical professional organizations. (B) Providers and suppliers of services (as such terms are defined in section 1861 of the Social Security Act (42 U.S.C. 1395x)). (C) Health care consumers or groups representing such consumers. (D) Other entities determined appropriate by the Secretary. Passed the House of Representatives June 19, 2018. Attest: KAREN L. HAAS, Clerk.

Combating Opioid Abuse for Care in Hospitals Act of 2018 or the COACH Act of 2018 (Sec. 2) This bill requires the Centers for Medicare & Medicaid Services (CMS) to publish guidance for hospitals on pain management and opioid-use disorder prevention strategies for Medicare beneficiaries. (Sec. 3) The CMS must also convene a technical expert panel to recommend opioid and opioid-use disorder quality measures for possible use in hospital payment and reporting models under Medicare. (Sec. 4) The Department of Health and Human Services must: (1) convene a technical expert panel to recommend ways to reduce opioid use in surgical settings and best practices for pain management, specifically during the perioperative (pre-operative through post-operative) period; and (2) report on diagnosis-related group codes that have the highest volume of surgeries and the availability of associated data regarding post-operative opioid use, including prescription patterns and rates of consumption. (Sec. 5) The CMS must also publish and periodically update all guidance issued since January 1, 2016, related to the prescription of opioids for Medicare beneficiaries.

Combating Opioid Abuse for Care in Hospitals Act of 2018

SECTION 1. SHORT TITLE; REFERENCES. (a) Short Title.--This Act may be cited as the ``Great Lakes Fish and Wildlife Restoration Act of 2016''. (b) References.--Except as otherwise expressly provided, wherever in this Act an amendment is expressed in terms of an amendment to a section or other provision, the reference shall be considered to be made to a section or other provision of the Great Lakes Fish and Wildlife Restoration Act of 1990 (16 U.S.C. 941 et seq.). SEC. 2. AMENDMENTS TO THE GREAT LAKES FISH AND WILDLIFE RESTORATION ACT OF 1990. (a) Findings.--The Act is amended by striking section 1002 and inserting the following: ``SEC. 1002. FINDINGS. ``Congress finds that-- ``(1) the Great Lakes have fish and wildlife communities that are structurally and functionally changing; ``(2) successful fish and wildlife management focuses on the lakes as ecosystems, and effective management requires the coordination and integration of efforts of many partners; ``(3) it is in the national interest to undertake activities in the Great Lakes Basin that support sustainable fish and wildlife resources of common concern provided under the Great Lakes Restoration Initiative Action Plan based on the recommendations of the Great Lakes Regional Collaboration authorized under Executive Order 13340 (69 Fed. Reg. 29043; relating to the Great Lakes Interagency Task Force); ``(4) additional actions and better coordination are needed to protect and effectively manage the fish and wildlife resources, and the habitats on which the resources depend, in the Great Lakes Basin; ``(5) as of the date of enactment of this Act, actions are not funded that are considered essential to meet the goals and objectives in managing the fish and wildlife resources, and the habitats on which the resources depend, in the Great Lakes Basin; and ``(6) this Act allows Federal agencies, States, and Indian tribes to work in an effective partnership by providing the funding for restoration work.''. (b) Identification, Review, and Implementation of Proposals and Regional Projects.-- (1) Requirements for proposals and regional projects.-- Section 1005(b)(2)(B) (16 U.S.C. 941c(b)(2)(B)) is amended-- (A) in clause (v), by striking ``and'' at the end; (B) in clause (vi), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ``(vii) the strategic action plan of the Great Lakes Restoration Initiative; and ``(viii) each applicable State wildlife action plan.''. (2) Review of proposals.--Section 1005(c)(2)(C) (16 U.S.C. 941c(c)(2)(C)) is amended by striking ``Great Lakes Coordinator of the''. (3) Cost sharing.--Section 1005(e) (16 U.S.C. 941c(e)) is amended-- (A) in paragraph (1)-- (i) by striking ``Except as provided in paragraphs (2) and (4), not less than 25 percent of the cost of implementing a proposal'' and inserting the following: ``(A) Non-federal share.--Except as provided in paragraphs (3) and (5) and subject to paragraph (2), not less than 25 percent of the cost of implementing a proposal or regional project''; and (ii) by adding at the end the following: ``(B) Time period for providing match.--The non- Federal share of the cost of implementing a proposal or regional project required under subparagraph (A) may be provided at any time during the 2-year period preceding January 1 of the year in which the Director receives the application for the proposal or regional project.''; (B) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; and (C) by inserting before paragraph (3) (as so redesignated) the following: ``(2) Authorized sources of non-federal share.-- ``(A) In general.--The Director may determine the non-Federal share under paragraph (1) by taking into account-- ``(i) the appraised value of land or a conservation easement as described in subparagraph (B); or ``(ii) as described in subparagraph (C), the costs associated with-- ``(I) land acquisition or securing a conservation easement; and ``(II) restoration or enhancement of that land or conservation easement. ``(B) Appraisal of land or conservation easement.-- ``(i) In general.--The value of land or a conservation easement may be used to satisfy the non-Federal share of the cost of implementing a proposal or regional project required under paragraph (1)(A) if the Director determines that the land or conservation easement-- ``(I) meets the requirements of subsection (b)(2); ``(II) is acquired before the end of the grant period of the proposal or regional project; ``(III) is held in perpetuity for the conservation purposes of the programs of the United States Fish and Wildlife Service related to the Great Lakes Basin, as described in section 1006, by an accredited land trust or conservancy or a Federal, State, or tribal agency; ``(IV) is connected either physically or through a conservation planning process to the proposal or regional project; and ``(V) is appraised in accordance with clause (ii). ``(ii) Appraisal.--With respect to the appraisal of land or a conservation easement described in clause (i)-- ``(I) the appraisal valuation date shall be not later than 1 year after the price of the land or conservation easement was set under a contract; and ``(II) the appraisal shall-- ``(aa) conform to the Uniform Standards of Professional Appraisal Practice (USPAP); and ``(bb) be completed by a Federal- or State-certified appraiser. ``(C) Costs of land acquisition or securing conservation easement.-- ``(i) In general.--All costs associated with land acquisition or securing a conservation easement and restoration or enhancement of that land or conservation easement may be used to satisfy the non-Federal share of the cost of implementing a proposal or regional project required under paragraph (1)(A) if the activities and expenses associated with the land acquisition or securing the conservation easement and restoration or enhancement of that land or conservation easement meet the requirements of subparagraph (B)(i). ``(ii) Inclusion.--The costs referred to in clause (i) may include cash, in-kind contributions, and indirect costs. ``(iii) Exclusion.--The costs referred to in clause (i) may not be costs associated with mitigation or litigation (other than costs associated with the Natural Resource Damage Assessment program).''. (c) Establishment of Offices.--Section 1007 (16 U.S.C. 941e) is amended-- (1) in subsection (b)-- (A) in the subsection heading, by striking ``Fishery Resources'' and inserting ``Fish and Wildlife Conservation''; and (B) by striking ``Fishery Resources'' each place it appears and inserting ``Fish and Wildlife Conservation''; (2) in subsection (c)-- (A) in the subsection heading, by striking ``Fishery Resources'' and inserting ``Fish and Wildlife Conservation''; and (B) by striking ``Fishery Resources'' each place it appears and inserting ``Fish and Wildlife Conservation''; (3) by striking subsection (a); and (4) by redesignating subsections (b) and (c) as subsections (a) and (b), respectively. (d) Reports.--Section 1008 (16 U.S.C. 941f) is amended-- (1) in subsection (a), in the matter preceding paragraph (1), by striking ``2011'' and inserting ``2021''; (2) in subsection (b)-- (A) in the matter preceding paragraph (1), by striking ``2007 through 2012'' and inserting ``2016 through 2020''; and (B) in paragraph (5), by inserting ``the Great Lakes Restoration Initiative Action Plan based on'' after ``in support of''; and (3) by striking subsection (c) and inserting the following: ``(c) Continued Monitoring and Assessment of Study Findings and Recommendations.--The Director-- ``(1) shall continue to monitor the status, and the assessment, management, and restoration needs, of the fish and wildlife resources of the Great Lakes Basin; and ``(2) may reassess and update, as necessary, the findings and recommendations of the Report.''. (e) Authorization of Appropriations.--Section 1009 (16 U.S.C. 941g) is amended-- (1) in the matter preceding paragraph (1), by striking ``2007 through 2012'' and inserting ``2016 through 2021''; (2) in paragraph (1)-- (A) in the matter preceding subparagraph (A), by striking ``$14,000,000'' and inserting ``$6,000,000''; (B) in subparagraph (A), by striking ``$4,600,000'' and inserting ``$2,000,000''; and (C) in subparagraph (B), by striking ``$700,000'' and inserting ``$300,000''; and (3) in paragraph (2), by striking ``the activities of'' and all that follows through ``section 1007'' and inserting ``the activities of the Upper Great Lakes Fish and Wildlife Conservation Offices and the Lower Great Lakes Fish and Wildlife Conservation Office under section 1007''. (f) Conforming Amendment.--Section 8 of the Great Lakes Fish and Wildlife Restoration Act of 2006 (16 U.S.C. 941 note; Public Law 109- 326) is repealed.

Great Lakes Fish and Wildlife Restoration Act of 2016 This bill reauthorizes for FY2016-FY2021 the Great Lakes Fish and Wildlife Restoration Act of 1990 and revises requirements for: (1) funding requests to the U.S. Fish and Wildlife Service for proposals and regional projects that restore the fish and wildlife resources and habitat of the Great Lakes Basin, and (2) cost-share requirements for the proposals and projects. The bill renames: (1) the Lower Great Lakes Fishery Resources Office as the Lower Great Lakes Fish and Wildlife Conservation Office, and (2) the Upper Great Lakes Fishery Resources Office as the Upper Great Lakes Fish and Wildlife Conservation Office.

Great Lakes Fish and Wildlife Restoration Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Portable Benefits for Independent Workers Pilot Program Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Many independent workers, constituting a growing percentage of the workforce in the United States, do not have access to benefits and protections typically provided through traditional full-time employment. (2) These independent workers are independent contractors, temporary workers, self-employed, or work pursuant to other contingent or alternative work arrangements. (3) According to a 2015 study by the Comptroller General of the United States, the size of the contingent workforce grew from 35 percent of employed workers in 2006 to 40 percent of employed workers in 2010. (4) According to a 2016 study by economists Lawrence Katz and Alan Krueger, 94 percent of net employment growth in the United States economy from 2005 to 2015 occurred in alternative work arrangements. (5) As the population of independent workers grows, it is increasingly important that workers are provided portable benefits. SEC. 3. DEFINITIONS. In this Act: (1) Eligible organization.--The term ``eligible organization'' means any State or local government or any nonprofit organization. (2) Eligible work.--The term ``eligible work'' means any work performed that is not in connection with traditional full- time employment. (3) Eligible worker.--The term ``eligible worker'' means any worker who is not a traditional full-time employee of the entity hiring the worker for the eligible work, including any independent contractor, contract worker, self-employed individual, freelance worker, temporary worker, or contingent worker. (4) Portable benefits.--The term ``portable benefits''-- (A) means work-related benefits that are provided to eligible workers for eligible work in a manner that allows the worker to maintain the benefits upon changing jobs; and (B) includes-- (i) contributions on behalf of the eligible worker made by an entity (including multiple entities, if applicable) in connection with eligible work performed by the worker for the entity, including entities that facilitate the sale of such work; (ii) contributions made by the eligible worker; or (iii) a combination of the contributions described in clauses (i) and (ii). (5) Secretary.--The term ``Secretary'' means the Secretary of Labor. (6) Work-related benefits.--The term ``work-related benefits'' means benefits, including protections, of a type that are commonly provided to traditional full-time employees, such as workers' compensation, skills training, disability coverage, health insurance coverage, retirement saving, income security, and short-term saving. SEC. 4. ESTABLISHMENT OF PORTABLE BENEFITS PILOT PROGRAM. (a) In General.--The Secretary, in consultation with the head of any other relevant Federal agency, shall award grants for fiscal year 2018, on a competitive basis, to eligible organizations to support broad innovation and experimentation with respect to portable benefits. (b) Uses of Funds.-- (1) Types of grants.--The grants awarded under subsection (a) shall be grants for-- (A) the evaluation, or improvement to the design or implementation, of existing models or approaches for providing portable benefits; or (B) the design, implementation, and evaluation of new models or approaches for providing such benefits. (2) Requirement regarding retirement-related benefits.--An eligible organization that receives a grant under subsection (a) may not use the grant to fund a model or approach described in paragraph (1) that provides only retirement-related benefits. (c) Potential for National Applicability.--In awarding grants under subsection (a), the Secretary shall consider the potential of the model or approach described in subsection (b)(1) to be replicated on a large scale or at the national level. (d) Applications.--Each eligible organization that desires to receive a grant under subsection (a) shall submit an application to the Secretary, at such time, in such manner, and accompanied by such information as the Secretary may require. SEC. 5. REPORT TO CONGRESS. Not later than September 30, 2020, the Comptroller General of the United States shall evaluate the outcome of the grants awarded under section 4(a) and provide a report on such evaluation to Congress. Such report shall include an assessment of the impact of such grants on the compensation of workers receiving portable benefits under section 4. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated for fiscal year 2018-- (1) $5,000,000 to carry out the grants described in section 4(b)(1)(A); and (2) $15,000,000 to carry out the grants described in section 4(b)(1)(B). (b) Availability.--Amounts appropriated under subsection (a) shall remain available until expended.

Portable Benefits for Independent Workers Pilot Program Act This bill requires the Department of Labor to award grants for FY2018, on a competitive basis, to states, local governments, or nonprofit organizations to support broad innovation and experimentation with respect to portable benefits. Portable benefits are work-related benefits that are provided to eligible workers for eligible work in a manner that allows the worker to maintain the benefits upon changing jobs. The grants must be used for: (1) the evaluation, or improvement to the design or implementation, of existing models or approaches for providing portable benefits; or (2) the design, implementation, and evaluation of new models or approaches for providing such benefits. The grants may not be used for a model or approach that provides only retirement-related benefits. The Government Accountability Office must evaluate and report to Congress on the outcome of the grants awarded pursuant to this bill.

Portable Benefits for Independent Workers Pilot Program Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rare Cats and Canids Act of 2014''. SEC. 2. PURPOSES. The purposes of this Act are to provide financial resources and to foster international cooperation-- (1) to restore and perpetuate healthy populations of rare felids and rare canids in the wild; and (2) to assist in the conservation of rare felid and rare canid populations worldwide. SEC. 3. DEFINITIONS. In this Act: (1) CITES.--The term ``CITES'' means the Convention on International Trade in Endangered Species of Wild Fauna and Flora, done at Washington March 3, 1973 (27 UST 1087; TIAS 8249), including its appendices. (2) Conservation.--The term ``conservation''-- (A) means the methods and procedures necessary to bring a population, subspecies, species, or taxon of rare felid or rare canid to the point at which there are sufficient populations in the wild to ensure its long-term viability; and (B) includes all activities associated with protection and management of a population, subspecies, species, or taxon of rare felid or rare canid, including-- (i) maintenance, management, protection, and restoration of rare felid or rare canid habitat; (ii) research and monitoring; (iii) law enforcement; (iv) community outreach and education; (v) conflict resolution initiatives; and (vi) strengthening the capacity of local communities, governmental agencies, nongovernmental organizations and other institutions to implement conservation programs. (3) Fund.--The term ``Fund'' means the Rare Cats and Canids Conservation Fund established by section 5. (4) IUCN red list.--The term ``IUCN Red List'' means the Red List of Threatened Species Maintained by the World Conservation Union. (5) Rare canid.-- (A) In general.--Except as provided in subparagraph (B), the term ``rare canid'' means any population, subspecies, species, or taxon in the family Canidae that is listed in the IUCN Red List as near threatened, vulnerable, endangered, or critically endangered. (B) Exclusions.--The term ``rare canid'' does not include any subspecies or population that is native to the area comprised of the United States and Canada. (6) Rare felid.-- (A) In general.--Except as provided in subparagraph (B), the term ``rare felid'' means any population, subspecies, species, or taxon in the family Felidae that is listed in the IUCN Red List as near threatened, vulnerable, endangered, or critically endangered. (B) Exclusions.--The term ``rare felid'' does not include-- (i) any subspecies or population that is native to the area comprised of the United States and Canada; and (ii) any tiger (Panthera tigris). (7) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. FINANCIAL ASSISTANCE. (a) In General.--Subject to the availability of funds and in consultation with other appropriate Federal officials, the Secretary shall use amounts in the Fund to provide financial assistance for projects for the conservation of rare felid and rare canids for which project proposals are approved by the Secretary in accordance with this section. (b) Project Proposals.-- (1) Eligible applicants.--A proposal for a project for the conservation of rare felid and canids may be submitted to the Secretary by-- (A) any wildlife management authority of a country that has within its boundaries any part of the range of a rare felid or rare canid, respectively; and (B) any person or group with the demonstrated expertise required for the conservation in the wild of rare felids or rare canids, respectively. (2) Project proposals.--To be considered for financial assistance for a project under this Act, an applicant shall submit a project proposal that includes-- (A) a concise statement of the purposes of the project; (B) the name of the individual responsible for conducting the project; (C) a description of the qualifications of the individuals who will conduct the project; (D) a concise description of-- (i) methods for project implementation and outcome assessment; (ii) staffing for the project; (iii) the logistics of the project; and (iv) community involvement in the project; (E) an estimate of funds and time required to complete the project; (F) evidence of support for the project by appropriate governmental entities of the countries in which the project will be conducted, if the Secretary determines that such support is required for the success of the project; (G) information regarding the source and amount of matching funding available for the project; and (H) any other information that the Secretary considers to be necessary for evaluating the eligibility of the project for funding under this Act. (c) Project Review and Approval.-- (1) In general.--The Secretary shall-- (A) not later than 30 days after receiving a project proposal, provide a copy of the proposal to the appropriate Federal officials; and (B) review each project proposal in a timely manner to determine if the proposal meets the criteria specified in subsection (d). (2) Consultation; approval or disapproval.--Not later than 180 days after receiving a project proposal, and subject to the availability of funds, the Secretary, after consulting with other appropriate Federal officials, shall-- (A) ensure the proposal contains assurances that the project will be implemented in consultation with relevant wildlife management authorities and other appropriate government officials with jurisdiction over the resources addressed by the project; (B) approve or disapprove the proposal; and (C) provide written notification of the approval or disapproval to the person who submitted the proposal, other appropriate Federal officials, and each country within whose borders the project will take place. (d) Criteria for Approval.--The Secretary may approve a project proposal under this section if the project will contribute to conservation of rare felids or rare canids in the wild by assisting efforts to-- (1) implement conservation programs; (2) address the conflicts between humans and rare felids or rare canids, respectively, that arise from competition for the same habitat or resources; (3) enhance compliance with CITES, the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and other applicable laws that prohibit or regulate the taking or trade of rare felids and rare canids or regulate the use and management of rare felid and rare canid habitat; (4) develop sound scientific information on, or methods for monitoring-- (A) the condition and health of rare felid or rare canid habitat; (B) rare felid or rare canid population numbers and trends; and (C) the ecological characteristics and requirements of populations of rare felids or rare canids for which there are little or no data; (5) promote cooperative projects among government entities, affected local communities, nongovernmental organizations, and other persons in the private sector; or (6) funds will not be appropriated for the purchase or lease of lands to be used as suitable habitat for felids or canids. (e) Project Sustainability.--In approving project proposals under this section, the Secretary shall give preference to conservation projects that are designed to ensure effective, long-term conservation of rare felids and rare canids and their habitats. (f) Matching Funds.--In determining whether to approve project proposals under this section, the Secretary shall give preference to projects for which there exists some measure of matching funds. (g) Project Reporting.-- (1) In general.--Each person that receives assistance under this section for a project shall submit to the Secretary periodic reports (at such intervals as the Secretary considers necessary) that include all information that the Secretary, after consultation with other appropriate government officials, determines is necessary to evaluate the progress and success of the project for the purposes of ensuring positive results, assessing problems, and fostering improvements. (2) Availability to the public.--Reports under paragraph (1), and any other documents relating to projects for which financial assistance is provided under this Act, shall be made available to the public. (h) Limitations on Use for Captive Breeding or Display.--Amounts provided as a grant under this Act may not be used for captive breeding unless as part of an accredited reintroduction or restoration program. (i) Advisory Group.-- (1) In general.--To assist in carrying out this Act, the Secretary may convene an advisory group consisting of individuals representing public and private organizations actively involved in the conservation of felids and canids. (2) Public participation.-- (A) Meetings.--The advisory group shall-- (i) ensure that each meeting of the advisory group is open to the public; and (ii) provide, at each meeting, an opportunity for interested persons to present oral or written statements concerning items on the agenda. (B) Notice.--The Secretary shall provide to the public timely notice of each meeting of the advisory group, including the meeting agenda. (C) Minutes.--Minutes of each meeting of the advisory group shall be kept by the Secretary and shall be made available to the public. (3) Exemption from federal advisory committee act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the advisory group. SEC. 5. RARE CATS AND CANIDS CONSERVATION FUND. (a) Establishment.--There is established, in the Multinational Species Conservation Fund established in title I of the Department of the Interior and Related Agencies Appropriations Act, 1999 under the heading ``MULTINATIONAL SPECIES CONSERVATION FUND'', a separate account to be known as the ``Rare Cats and Canids Conservation Fund'', consisting of-- (1) amounts transferred to the Secretary of the Treasury for deposit into such account under subsection (c); and (2) amounts appropriated to such account under section 6. (b) Expenditures From Fund.-- (1) In general.--Subject to paragraph (2), upon request by the Secretary, the Secretary of the Treasury shall transfer from the Fund to the Secretary, without further appropriation, such amounts as the Secretary determines are necessary to provide assistance under section 4. (2) Administrative expenses.--Of the amounts in the Fund available for each fiscal year, the Secretary may expend not more than three percent, or up to $100,000, whichever is greater, to pay the administrative expenses necessary to carry out this Act. (c) Acceptance and Use of Donations.--The Secretary may accept and use donations to provide assistance under section 4, and may make public on the Internet Web site and in publications of the Department of the Interior that the Secretary is authorized to accept and use such donations. Amounts received by the Secretary in the form of such donations shall be transferred to the Secretary of the Treasury for deposit into the Fund. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Fund, $5,000,000 for each of fiscal years 2015 through 2019 to carry out this Act.

Rare Cats and Canids Act of 2014 This bill establishes a Rare Cats and Canids Conservation Fund as a separate account within the Multinational Species Conservation Fund. The Department of the Interior must use amounts in the fund to provide assistance for the conservation of rare felids and rare canids. Grant amounts may not be used for captive breeding unless it is a part of an accredited reintroduction or restoration program. Rare felids or rare canids are any population in the family Felidae (cats) or Canidae (dogs), respectively, that are listed in the Red List of Threatened Species Maintained by the World Conservation Union as near-threatened, vulnerable, endangered, or critically endangered, excluding any population native to the United States or Canada. Tigers are not considered to be rare felids. Interior may convene an advisory group of individuals representing organizations actively involved in the conservation of felids and canids.

Rare Cats and Canids Act of 2014

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Climate Change Adapt America Bond Act of 2016''. (b) Table of Contents.-- Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I--CLIMATE CHANGE ADVISORY COMMISSION Sec. 101. Establishment of Climate Change Advisory Commission. Sec. 102. Duties. Sec. 103. Commission personnel matters. Sec. 104. Funding. Sec. 105. Termination. TITLE II--ADAPT AMERICA FUND Sec. 201. Adapt America Fund. Sec. 202. Compliance with Davis-Bacon Act. Sec. 203. Funding. TITLE III--CLIMATE CHANGE BONDS Sec. 301. Climate Change Bonds. Sec. 302. Promotion. SEC. 2. DEFINITIONS. Except as otherwise provided, in this Act: (1) Commission.--The term ``Commission'' means the Climate Change Advisory Commission established by section 101(a). (2) Fund.--The term ``Fund'' means the Adapt America Fund established by section 201(a)(1). (3) Secretary.--The term ``Secretary'' means the Secretary of Commerce. TITLE I--CLIMATE CHANGE ADVISORY COMMISSION SEC. 101. ESTABLISHMENT OF CLIMATE CHANGE ADVISORY COMMISSION. (a) In General.--There is established a commission to be known as the ``Climate Change Advisory Commission''. (b) Membership.--The Commission shall be composed of 11 members-- (1) who shall be selected from the public and private sectors and institutions of higher education; and (2) of whom-- (A) 3 shall be appointed by the President, in consultation with the Interagency Climate Change Adaptation Task Force; (B) 2 shall be appointed by the Speaker of the House of Representatives; (C) 2 shall be appointed by the minority leader of the House of Representatives; (D) 2 shall be appointed by the majority leader of the Senate; and (E) 2 shall be appointed by the minority leader of the Senate. (c) Terms.--Each member of the Commission shall be appointed for the life of the Commission. (d) Initial Appointments.--Each member of the Commission shall be appointed not later than 90 days after the date of enactment of this Act. (e) Vacancies.--A vacancy on the Commission-- (1) shall not affect the powers of the Commission; and (2) shall be filled in the manner in which the original appointment was made. (f) Initial Meeting.--Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold the initial meeting of the Commission. (g) Meetings.--The Commission shall meet at the call of the Chairperson. (h) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (i) Chairperson and Vice Chairperson.--The Commission shall select a Chairperson and Vice Chairperson from among the members of the Commission. SEC. 102. DUTIES. The Commission shall-- (1) establish recommendations, frameworks, and guidelines for a Federal investment program funded by revenue from Climate Change Bonds issued under section 301 for States, municipalities, and other public entities, including utility districts, transit authorities, and multistate regulatory bodies that-- (A) improves and adapts energy, transportation, water, and general infrastructure impacted or expected to be impacted due to climate variability; and (B) integrates best available science, data, standards, models, and trends that improve the resiliency of infrastructure systems described in subparagraph (A); and (2) identify categories of the most cost-effective investments and projects that emphasize multiple benefits to commerce, human health, and ecosystems. SEC. 103. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.-- (1) Non-federal employees.--A member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Commission. (2) Federal employees.--A member of the Commission who is an officer or employee of the Federal Government shall serve without compensation in addition to the compensation received for the services of the member as an officer or employee of the Federal Government. (b) Travel Expenses.--A member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Commission. (c) Staff.-- (1) In general.--The Chairperson of the Commission may, without regard to the civil service laws (including regulations), appoint and terminate such personnel as are necessary to enable the Commission to perform the duties of the Commission. (2) Compensation.-- (A) In general.--Except as provided in subparagraph (B), the Chairperson of the Commission may fix the compensation of personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates. (B) Maximum rate of pay.--The rate of pay for personnel shall not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. SEC. 104. FUNDING. The Commission shall use amounts in the Fund to pay for all administrative expenses of the Commission. SEC. 105. TERMINATION. The Commission shall terminate on such date as the Commission determines after the Commission carries out the duties of the Commission under section 102. TITLE II--ADAPT AMERICA FUND SEC. 201. ADAPT AMERICA FUND. (a) Establishment.-- (1) In general.--There is established within the Department of Commerce the ``Adapt America Fund''. (2) Responsibility of secretary.--The Secretary shall take such action as the Secretary determines to be necessary to assist in implementing the establishment of the Fund in accordance with this Act. (b) Climate Change Adaptation Projects.--The Secretary, in consultation with the Commission, shall carry out a program to provide funds to eligible applicants to carry out projects for a qualified climate change adaptation purpose. (c) Eligible Entities.--An entity eligible to participate in the program under subsection (b) shall include-- (1) a Federal agency; (2) a State or a group of States; (3) a unit of local government or a group of local governments; (4) a utility district; (5) a tribal government or a consortium of tribal governments; (6) a State or regional transit agency or a group of State or regional transit agencies; (7) a nonprofit organization; (8) a special purpose district or public authority, including a port authority; and (9) any other entity, as determined by the Secretary. (d) Application.--An eligible entity shall submit to the Secretary an application for a project for a qualified climate change adaptation purpose at such time, in such manner, and containing such information as the Secretary may require. (e) Selection.--The Secretary shall select projects from eligible entities to receive funds under this section based on criteria and guidelines determined and published by the Commission. (f) Non-Federal Funding Requirement.--In order to receive funds under this section, an eligible entity shall provide funds for the project in an amount that is equal to not less than 25 percent of the amount of funds provided under this section. (g) Maintenance of Effort.--All amounts deposited in the Fund in accordance with section 301(a) shall be used only to fund new projects in accordance with this Act. (h) Applicability of Federal Law.--Nothing in this Act waives the requirements of any Federal law (including regulations) that would otherwise apply to a qualified climate change project that receives funds under this section. SEC. 202. COMPLIANCE WITH DAVIS-BACON ACT. (a) In General.--All laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Fund pursuant to this title shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of part A of title 40, United States Code. (b) Labor Standards.--With respect to the labor standards specified in this section, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. SEC. 203. FUNDING. The Secretary shall use funds made available to the Secretary and not otherwise obligated to carry out the program under section 201(b). TITLE III--CLIMATE CHANGE BONDS SEC. 301. CLIMATE CHANGE BONDS. (a) In General.--Not later than 6 months after the date of the enactment of this Act, the Secretary of the Treasury or the Secretary's delegate (referred to in this title as the ``Secretary'') shall issue bonds to be known as ``Climate Change Bonds'', the proceeds from which shall be deposited in the Fund. (b) Savings Bond.--Any Climate Change Bond issued under this section shall be issued by the Secretary as a savings bond in a manner consistent with the provisions of section 3105 of title 31, United States Code. (c) Full Faith and Credit.--Payment of interest and principal with respect to any Climate Change Bond issued under this section shall be made from the general fund of the Treasury of the United States and shall be backed by the full faith and credit of the United States. (d) Exemption From Local Taxation.--All Climate Change Bonds issued by the Secretary, and the interest on or credits with respect to such bonds, shall not be subject to taxation by any State, county, municipality, or local taxing authority. (e) Amount of Climate Change Bonds.--The aggregate face amount of the Climate Change Bonds issued annually under this section shall be $200,000,000. (f) Funding.--The Secretary shall use funds made available to the Secretary and not otherwise obligated to carry out the purposes of this section. SEC. 302. PROMOTION. (a) In General.--The Secretary shall promote the purchase of Climate Change Bonds, as described in section 301, through such means as are determined appropriate by the Secretary, with the amount expended for such promotion not to exceed $10,000,000 for any fiscal year during the period of fiscal years 2017 through 2021. (b) Donated Advertising.--In addition to any advertising paid for with funds made available under subsection (c), the Secretary shall solicit the donation of advertising relating to the sale of Climate Change Bonds described in section 301. (c) Authorization of Appropriations.--For each fiscal year during the period of fiscal years 2017 through 2021, there is authorized to be appropriated $10,000,000 to carry out the purposes of this section.

Climate Change Adapt America Bond Act of 2016 This bill requires the Department of the Treasury to issue Climate Change Bonds. The proceeds from the bonds must be deposited in the Adapt America Fund established by this bill within the Department of Commerce. Commerce must carry out an investment program to fund projects, using bond revenue, that aid in adaption to climate change. The bill establishes the Climate Change Advisory Commission to: (1) establish recommendations, frameworks, and guidelines for the program; and (2) identify categories of the most cost-effective investments and projects that emphasize multiple benefits to commerce, human health, and ecosystems.

Climate Change Adapt America Bond Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medical FSA Improvement Act of 2009''. SEC. 2. ADDITION OF TAXABLE DISTRIBUTIONS. (a) Treatment of Amounts Expended for Medical Care.--Section 105 of the Internal Revenue Code of 1986 (relating to amounts received under accident and health plans) is amended by inserting at the end the following new subsection: ``(k) Amounts Paid Under Medical Flexible Spending Arrangements.-- ``(1) Application of subsection (b).--For purposes of subsection (b) and section 106, a plan shall not fail to be treated as flexible spending arrangement solely because such plan, in addition to reimbursing expenses incurred for medical care (as defined in subsection (b)) during the plan year, distributes for the plan year the lesser of-- ``(A) all or a portion of the employee's balance, or ``(B) $1,500. ``(2) Limitation.--Paragraph (1) shall apply only in the case that the balance under such arrangement for a plan year is distributed after the close of the plan year to which the balance relates and not later than the end of the 7th month following the close of such plan year. ``(3) Tax treatment of distribution.--Any distribution to which paragraph (1) applies shall be treated as remuneration of the employee for emploment for the taxable year in which it is distributed. ``(4) Flexible spending arrangement.--The term `flexible spending arrangement' means a benefit program within the meaning of section 106(c)(2) (relating to long-term care benefits). ``(5) Termination.--Paragraph (1) shall not apply to any distribution for a plan year beginning after December 31, 2011.''. (b) Additional Deferred Compensation Exception.--Paragraph (2) of section 125(d) of such Code (relating to deferred compensation under a cafeteria plan) is amended by inserting at the end the following new subparagraph: ``(E) Exception for certain flexible spending arrangements.--Subparagraph (A) shall not apply to a flexible spending arrangement (within the meaning of section 106(c)(2)) as a result of amounts being distributed to the covered employee in accordance with section 105(k).''. (c) Conforming Amendment.--Section 409A(d)(1) of such Code is amended by striking ``and'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``, and'', and by adding at the end the following: ``(C) a flexible spending arrangement which is subject to section 105(k).''. (d) Effective Date.--The amendments made by this section shall apply to plan years beginning after December 31, 2008. (e) Transition Rules.--In the case of plan years that begin before the date of the enactment of this Act, in implementing the amendments made by this section a flexible spending arrangement may allow an individual to make a new election or to revise an existing election under such arrangement so long as such new or revised election is made within 90 days after the date of the enactment of this Act. SEC. 3. SELF-EMPLOYED INDIVIDUALS. (a) In General.--Subsection (d) of section 125 of the Internal Revenue Code of 1986 (defining cafeteria plan) is amended by adding at the end the following new paragraph: ``(3) Employee to include self-employed.--In the case of a medical flexible spending arrangement-- ``(A) In general.--The term `employee' includes an individual who is an employee within the meaning of section 401(c)(1) (relating to self-employed individuals). ``(B) Limitation.--The amount which may be excluded under subsection (a) with respect to a participant in a cafeteria plan by reason of being an employee under subparagraph (A) shall not exceed the lesser of-- ``(i) the employee's earned income (within the meaning of section 401(c)) derived from the trade or business with respect to which the cafeteria plan is established, or ``(ii) $5,000.''. (b) Application to Benefits Which May Be Provided Under Cafeteria Plan.-- (1) Accident and health plans.--Subsection (g) of section 105 of such Code is amended to read as follows: ``(g) Employee Includes Self-Employed.--For purposes of this section, the term `employee' includes an individual who is an employee within the meaning of section 401(c)(1) (relating to self-employed individuals).''. (2) Contributions by employers to accident and health plans.-- (A) In general.--Section 106 of such Code is amended by adding after subsection (e) the following new subsection: ``(f) Employer To Include Self-Employed.-- ``(1) In general.--For purposes of this section, in the case of a medical flexible spending account the term `employee' includes an individual who is an employee within the meaning of section 401(c)(1) (relating to self-employed individuals). ``(2) Limitation.--The amount which may be excluded under subsection (a) with respect to an individual treated as an employee by reason of paragraph (1) shall not exceed the lesser of-- ``(A) the employee's earned income (within the meaning of section 401(c)) derived from the trade or business with respect to which the accident or health insurance was established, or ``(B) $5,000. ``(3) Tax treatment of distribution.--Any distribution to which 105(k) applies shall be treated as self-employment income (as defined in section 1402(b)) of the employee for the taxable year in which it is distributed. ``(4) Election.--Paragraph (1) shall not apply for any taxable year if the employee elects to have paragraph (1) not apply for such taxable year.''. (B) Coordination with section 106(f).--Paragraph (2) of section 162(l) of such Code is amended by adding at the end the following new subparagraph: ``(D) Coordination with section 106(f).--No deduction shall be allowed under paragraph (1) for any amount with respect to which an election is in effect under section 106(f)(4).''. (c) Effective Date.--The amendments made by this section shall apply to plan years beginning after December 31, 2008. (d) Transition Rules.--In the case of plan years that begin before the date of the enactment of this Act, in implementing the amendments made by this section a flexible spending arrangement may allow an individual to make an election under such arrangement so long as such election is made within 90 days after the date of the enactment of this Act.

Medical FSA Improvement Act of 2009 - Amends the Internal Revenue Code to: (1) allow an increased exclusion from gross income through 2011 for distributions from a medical flexible spending arrangement; and (2) make self-employed individuals eligible for benefits under medical flexible spending arrangements and accident and health plans.

To amend the Internal Revenue Code of 1986 to increase participation in medical flexible spending arrangements.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Janey Ensminger Act''. SEC. 2. HOSPITAL CARE, MEDICAL SERVICES, AND NURSING HOME CARE FOR VETERANS STATIONED AT CAMP LEJEUNE, NORTH CAROLINA, WHILE THE WATER WAS CONTAMINATED AT CAMP LEJEUNE. (a) In General.--Section 1710(e)(1) of title 38, United States Code, is amended by adding at the end the following new subparagraph: ``(F) Subject to paragraph (2), a veteran who, as a member of the Armed Forces, was stationed at Camp Lejeune, North Carolina, during a period, determined by the Secretary in consultation with the Agency for Toxic Substances and Disease Registry, in which the water at Camp Lejeune was contaminated by volatile organic compounds, including known human carcinogens and probable human carcinogens, is eligible for hospital care, medical services, and nursing home care under subsection (a)(2)(F) for any illness, notwithstanding that there is insufficient medical evidence to conclude that such illness is attributable to such contamination.''. (b) Family Members.-- (1) In general.--Subchapter VIII of chapter 17 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 1786. Health care of family members of veterans stationed at Camp Lejeune, North Carolina, while the water was contaminated at Camp Lejeune ``(a) In General.--A family member of a veteran described in subparagraph (F) of section 1710(e)(1) of this title who resided at Camp Lejeune, North Carolina, during the period described in such subparagraph, or who was in utero during such period while the mother of such family member resided at such location, shall be eligible for hospital care, medical services, and nursing home care furnished by the Secretary for any covered condition, or any covered disability that is associated with a condition, that is associated with exposure to the contaminants in the water at Camp Lejeune during such period. ``(b) Covered Conditions and Disabilities.--In this section, covered conditions and disabilities are those conditions and disabilities described in section 1119(a)(2) of this title.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1785 the following new item: ``1786. Health care of family members of veterans stationed at Camp Lejeune, North Carolina, while the water was contaminated at Camp Lejeune.''. SEC. 3. PRESUMPTIONS OF SERVICE CONNECTION FOR ILLNESSES ASSOCIATED WITH CONTAMINANTS IN THE WATER SUPPLY AT CAMP LEJEUNE, NORTH CAROLINA. (a) In General.--Subchapter II of chapter 11 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 1119. Presumptions of service connection for illnesses associated with contaminants in the water supply at Camp Lejeune, North Carolina ``(a) Presumption.--(1) For purposes of section 1110 of this title, and subject to section 1113 of this title, each illness, if any, described in paragraph (2) shall be considered to have been incurred in or aggravated by service referred to in that paragraph, notwithstanding that there is no record of evidence of such illness during the period of such service. ``(2) An illness referred to in paragraph (1) is any diagnosed or undiagnosed illness that-- ``(A) the Secretary determines, in consultation with the Agency for Toxic Substances and Disease Registry, in regulations prescribed under this section to warrant a presumption of service connection by reason of having a positive association with exposure to volatile organic compounds, including known human carcinogens and probable human carcinogens, known or presumed to be associated with service in the Armed Forces at Camp Lejeune, North Carolina, during a period determined by the Secretary in consultation with the Agency for Toxic Substances and Disease Registry; and ``(B) becomes manifest within the period, if any, prescribed in such regulations in a veteran who served on active duty at Camp Lejeune, North Carolina, and by reason of such service was exposed to such compounds. ``(3) For purposes of this subsection, a veteran who served on active duty at Camp Lejeune, North Carolina, during the period referred to in paragraph (2)(A) and who has an illness described in paragraph (2) shall be presumed to have been exposed by reason of such service to the compound associated with the illness in the regulations prescribed under this section unless there is conclusive evidence to establish that the veteran was not exposed to the compound by reason of such service. ``(b) Determinations Relating to Diseases.--(1) Whenever the Secretary determines, in consultation with the Agency for Toxic Substances and Disease Registry, on the basis of sound medical and scientific evidence, that a positive association exists between the exposure of humans to a volatile organic compound known or presumed to be present in the water supply at Camp Lejeune, North Carolina, and the occurrence of a disease in humans, the Secretary shall prescribe regulations providing that a presumption of service connection is warranted for that disease for the purposes of this section. ``(2) In making determinations for the purpose of this subsection, the Secretary shall take into account all other sound medical and scientific information and analyses available to the Secretary. In evaluating any study for the purpose of making such determinations, the Secretary shall take into consideration whether the results are statistically significant, are capable of replication, and withstand peer review. ``(3) An association between the occurrence of a disease in humans and exposure to a volatile organic compound shall be considered to be positive for the purposes of this section if the credible evidence for the association is equal to or outweighs the credible evidence against the association. ``(c) Removal of Diseases.--Whenever a disease is removed from regulations prescribed under this section-- ``(1) a veteran who was awarded compensation for such disease on the basis of the presumption provided in subsection (a) before the effective date of the removal shall continue to be entitled to receive compensation on that basis; and ``(2) a survivor of a veteran who was awarded dependency and indemnity compensation for the death of a veteran resulting from such disease on the basis of such presumption shall continue to be entitled to receive dependency and indemnity compensation on such basis.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1118 the following new item: ``1119. Presumptions of service connection for illnesses associated with contaminants in the water supply at Camp Lejeune, North Carolina.''.

Janey Ensminger Act - Makes any veteran who was stationed at Camp Lejeune, North Carolina, during a period in which the water there was contaminated by volatile organic compounds, including known and probable human carcinogens, eligible for hospital care, medical services, and nursing home care through the Department of Veterans Affairs (VA) for any illness, notwithstanding insufficient medical evidence to conclude that the illness is attributable to such contamination.

To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to furnish hospital care, medical services, and nursing home care to veterans who were stationed at Camp Lejeune, North Carolina, while the water was contaminated at Camp Lejeune, and for other purposes.

SECTION 1. FINDINGS. The Congress finds the following: (1) President Jimmy Carter and his wife, First Lady Rosalynn Carter, epitomize the best qualities in American service, volunteerism, and statesmanship, through their life work in Plains, Georgia, and throughout the world. Since leaving the White House, the Carters have redefined the role of ex-President to help broker peace and fight disease worldwide. (2) President and Mrs. Carter have selflessly distinguished themselves as exemplary public servants, both in the United States and throughout the world. (3) Jimmy Carter, born James Earl Carter, Jr. in 1924, attended Georgia Southwestern College and the Georgia Institute of Technology and received his B.S. degree from the U.S. Naval Academy in 1946. He then served the United States from 1946 until 1953, including service on the battleship USS Pomfret in the Pacific and on the nuclear submarine Sea Wolf. (4) Later, Mr. Carter did graduate work in nuclear physics at Union College. (5) After his service in the Navy, Mr. Carter returned to Plains and became a successful businessman and farmer. (6) In Plains, Mr. Carter dedicated himself to local public service as Chairman of the Sumter County School Board, Chairman of the County Hospital Authority, President of the Plains Development Corporation, and President of the Crop Improvement Association. (7) After the landmark 1954 Supreme Court decision Brown v. Board of Education held that segregation in the public schools was unconstitutional, a White Citizens' Council movement in Plains was organized in opposition. When Mr. Carter refused to join in protest, his business was boycotted. (8) Jimmy Carter served two consecutive two-year terms in the Georgia Senate. Rosalynn Carter was an important confidant. (9) Mr. Carter was elected Governor of the State of Georgia in 1970, and called for an end to racial discrimination in his 1971 inaugural address. (10) President Carter was inaugurated as the thirty-ninth President of the United States on Jan. 20, 1977. (11) As First Lady of the United States, Rosalynn Carter focused national attention on the performing arts. She invited to the White House leading classical artists from around the world, as well as traditional American artists. She also took a strong interest in programs to aid mental health, the community, and the elderly. From 1977 to 1978, she served as the Honorary Chairperson of the President's Commission on Mental Health. She also served as the President's personal emissary to Latin American countries. (12) President Carter's domestic accomplishments included a long-term program designed to solve the mounting energy shortfalls, including a limit on imported oil, gradual price decontrol on domestically produced oil, a stringent program of conservation, and development of alternative sources of energy such as solar, nuclear, and geothermal power, oil and gas from shale and coal, and synthetic fuels; an overhaul of the civil- service system; creation of new Departments of Education and Energy; deregulation of the airlines to stimulate competition and lower fares; and environmental efforts that included passage of a law preserving vast wilderness areas of Alaska. (13) President Carter's foreign policy achievements included negotiating the Panama Canal treaties; the historic Camp David Accords between Israeli Premier Menahem Begin and Egyptian President Anwar el-Sadat, which provided the foundation for a settlement of the Middle East dispute that had eluded peacemakers for more than three decades; the SALT II treaty with the Soviet Union; and the establishment of diplomatic relations with the People's Republic of China. (14) After serving as President and First Lady of the United States, President and Mrs. Carter built the Carter Center in Atlanta, a nonprofit organization promoting international peace, human rights, conflict resolution, democracy and economic development and the fight against poverty, hunger and disease in some 65 countries throughout the world, and particularly in developing countries. Mrs. Carter currently serves as Vice Chair of the Carter Center, where she leads a program to diminish stigma against mental illness and to promote greater access to mental health care. (15) Since 1982, President and Mrs. Carter have been active volunteers and serve on the International Board of Advisors of the Habitat for Humanity, a nonprofit organization that helps needy people in the United States and in some 44 other countries renovate and build homes for themselves. Since its founding in 1976, Habitat for Humanity has built over 30,000 homes. (16) In December 2002, President Carter received the Nobel Peace Prize for his ``decades of untiring effort to find peaceful solutions to international conflicts, to advance democracy and human rights, and to promote economic and social development''. (17) President Carter currently teaches Sunday school and is a deacon in the Maranatha Baptist Church of Plains. He is a distinguished professor and lecturer at Emory University. SEC. 2. CONGRESSIONAL GOLD MEDALS. (a) Presentation Authorized.--The Speaker of the House of Representatives and the President Pro Tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of the Congress, of gold medals of appropriate design to former President Jimmy Carter and his wife Rosalynn Carter, in recognition of their life work and service to the United States. (b) Design and Striking.--For the purpose of the presentation referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall strike gold medals with suitable emblems, devices, and inscriptions, to be determined by the Secretary. SEC. 3. DUPLICATE MEDALS. Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medals struck pursuant to section 2 at a price sufficient to cover the costs of the bronze medals (including labor, materials, dies, use of machinery, and overhead expenses) and the cost of the gold medals. SEC. 4. NATIONAL MEDALS. The medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. SEC. 5. FUNDING AND PROCEEDS OF SALE. (a) Authorization.--There is authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary, not to exceed $60,000, to pay for the cost of the medals struck pursuant to this Act. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals under section 3 shall be deposited in the United States Mint Public Enterprise Fund.

Requires the Speaker of the House of Representatives and the President Pro Tempore of the Senate to arrange for the presentation, on behalf of the Congress, of gold medals to former President Jimmy Carter and his wife, Rosalynn, in recognition of their life work and service to the United States.

To award congressional gold medals to former President Jimmy Carter and his wife Rosalynn Carter in recognition of their outstanding service to the United States and to the world.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Removing Barriers to Adoption and Supporting Families Act of 2013''. SEC. 2. REAUTHORIZATION OF ADOPTION INCENTIVE PAYMENTS. (a) In General.--Section 473A of the Social Security Act (42 U.S.C. 673b) is amended-- (1) in subsection (b)(5), by striking ``2008 through 2012'' and inserting ``2013 through 2017''; and (2) in subsection (h)-- (A) in paragraph (1)(D), by striking ``2013'' and inserting ``2018''; and (B) in paragraph (2), by striking ``2013'' and inserting ``2018''. SEC. 3. ENCOURAGEMENT OF INTERSTATE ADOPTIONS. (a) Additional Incentive Payment for Sending and Receiving States of an Interstate Adoption.-- (1) In general.--Section 473A(d) of the Social Security Act (42 U.S.C. 673b(d)) is amended-- (A) in paragraph (1)-- (i) in the matter preceding subparagraph (A), by striking ``and (3)'' and inserting ``(3), and (4)''; (ii) in subparagraph (B), by striking ``and'' after the semicolon; (iii) in subparagraph (C), by inserting ``or'' after the semicolon; and (iv) by adding at the end the following: ``(D) subject to paragraph (4), $8,000 multiplied by the amount (if any) by which the number of interstate adoptions in the State during the fiscal year exceeds the base number of interstate adoptions for the State for the fiscal year.''; and (B) by adding at the end the following: ``(4) Sending and receiving states sharing of interstate adoption incentive payment.--The Secretary shall pay each State that was a receiving State for an interstate adoptive placement for a fiscal year, a pro rata share of the portion of the adoption incentive payment paid to the sending State for the fiscal year under this section that is attributable to the amount determined under paragraph (1)(D).''. (2) Conforming amendments.--Section 473A of such Act (42 U.S.C. 673b) is amended-- (A) in subsection (b)(2)-- (i) in subparagraph (B), by striking ``or'' after the semicolon; (ii) in subparagraph (C), by inserting ``or'' after the semicolon; and (iii) by adding at the end the following: ``(D) the number of interstate adoptions in the State during the fiscal year exceeds the base number of interstate adoptions for the State in the fiscal year;''; and (B) in subsection (g), by adding at the end the following: ``(9) Base number of interstate adoptions.--The term `base number of interstate adoptions for a State' means, with respect to any fiscal year, the number of interstate child adoptions in the State in fiscal year 2012. ``(10) Interstate adoptions.--The term `interstate adoptions' means the final adoption of a child who, at the time of adoptive placement out-of-State, was in foster care under the supervision of the State or for whom an adoption assistance agreement was in effect under section 473 with respect to the child. ``(11) Receiving state.--The term `receiving State' means the State in which the adoptive parents reside at the time of final adoption of a child from another State. ``(12) Sending state.--The term `sending State' means the State in which the child resided before being placed for an adoption in another State.''. (b) Requirement To Report Data on Interstate Adoptions.--Section 473A(c) of such Act (42 U.S.C. 673b(c)) is amended by adding at the end the following: ``(4) Determination of numbers of interstate adoptions based on state reporting of data.-- ``(A) In general.--A State is in compliance with this subsection for a fiscal year if the State has provided to the Secretary the following data with respect to the preceding fiscal year: ``(i) The total number of interstate adoptions completed by the State with respect to children in foster care under the responsibility of the State, and with respect to each such adoption the identity of the other State involved. ``(ii) The total number of adoptions completed by the State with respect to children who were in foster care under the responsibility of other States, and with respect to each such adoption, the identity of the other State involved. ``(iii) Such other information as the Secretary may require in order to determine whether the State is eligible for an adoption incentive payment under subsection (d)(1)(D) for the fiscal year. ``(B) Verification of data.--The Secretary shall verify the data submitted by a State under subparagraph (A).''. SEC. 4. NATIONAL STANDARDS FOR STATE HOME STUDIES. (a) National Standards for State Home Studies.--Section 476 of the Social Security Act (42 U.S.C. 676) is amended by adding at the end the following: ``(d) National Standards for State Home Studies.-- ``(1) In general.--Not later than 12 months after the date of enactment of this subsection, the Secretary shall develop national standards for home studies for use in evaluating potential foster and adoptive parents. In developing these standards, the Secretary shall consult with a working group composed of representatives of the adoption and foster care community, experts in the field of social work, State child welfare leaders and other qualified individuals. ``(2) Periodic review and updating.--The Secretary shall periodically review and update, as appropriate, the standards developed under this subsection.''. (b) Enhanced Matching Rate for States Adopting Home Study in Compliance With National Standards.--Section 474 of the Social Security Act (42 U.S.C. 674) is amended-- (1) in each of paragraphs (1) and (2) of subsection (a), by inserting ``subject to subsection (h),'' before ``an amount equal to the Federal''; and (2) by adding at the end the following: ``(h) The percentage applicable under paragraphs (1) and (2) of subsection (a) for amounts expended during a quarter by a State or the District of Columbia, or, in the case of an Indian tribe, tribal organization, or tribal consortium that has elected to operate a program under this part in accordance with section 479B, the tribal FMAP, referred to in such paragraphs, shall be increased by 5 percentage points for each quarter that begins on or after the effective date of an election by the State, District of Columbia, or Indian tribe, tribal organization, or tribal consortium operating a program under this part in accordance with section 479B, to use the home study standards developed under section 476(d).''. SEC. 5. LIMITING ANOTHER PLANNED PERMANENT LIVING ARRANGEMENT AS A PERMANENCY OPTION. (a) Elimination of Option for Children Under Age 17.--Section 475(5)(C) of the Social Security Act (42 U.S.C. 675(5)(C)) is amended by inserting ``only if the child has attained age 17'' before ``(in cases where the State agency has documented''. (b) GAO Report on Use of Another Planned Permanent Living Arrangement Placements.--The Comptroller General of the United States shall conduct a study and submit a report to Congress regarding-- (1) the number of children in each State (as defined for purposes of parts B and E of title IV of the Social Security Act (42 U.S.C. 621 et seq., 670 et seq.)) that are assigned a permanency goal of another planned permanent living arrangement for the most recent fiscal year for which data are available; (2) with respect to such fiscal years and on a State-by- State basis, the ages, gender, race, and special needs of children whose permanency goal is another planned permanent living arrangement; (3) a review and analysis of court practices for determining that another planned permanent living arrangement is the appropriate placement for a child; (4) information with respect to foster youths' involvement in deciding to enter into a permanency goal of another planned permanent living arrangement, including, but not limited to, how another planned permanent living arrangement is presented as an option to foster youth, how involved foster youth are in selecting the option, and what alternative options are offered instead of another planned permanent living arrangement; and (5) a summary of the reasons that reunification, adoption, kinship care, or guardianship were not found to be in the best interests of the child. SEC. 6. INCREASED FUNDING SUPPORT FOR POST-ADOPTION AND POST-PERMANENCY SERVICES. (a) Dedicated Use of Portion of Savings From Adoption Assistance De-Linkage for Post-Adoption and Post-Permanency Services.--Section 473(a)(8) of the Social Security Act (42 U.S.C. 673(a)(8)) is amended-- (1) by inserting ``(A)'' after ``(8)''; (2) by striking ``(including post-adoption services)''; (3) by striking ``, including on post-adoption services.'' and inserting ``. A State shall spend an amount equal to 20 percent of the amount of such savings to provide post-adoption and post-permanency services to children or families and shall document how such amounts are spent.''; and (4) by adding at the end the following: ``(B) The Secretary shall establish a formula for States to use to calculate the amount of savings in State expenditures under this part resulting from the application of paragraph (2)(A)(ii) to all applicable children for a fiscal year based on the State and Federal shares of expenditures for adoption assistance payments under this section as of fiscal year 2009.''. (b) Dedicated Uses of Promoting Safe and Stable Families Funds Including for Post-Adoption and Post-Permanency Services.--Section 432(a)(4) of the Social Security Act (42 U.S.C. 629b(a)(4)) is amended to read as follows: ``(4) contains assurances that not more than 10 percent of the expenditures under the plan for any fiscal year with respect to which the State is eligible for payment under section 434 for the fiscal year shall be for administrative costs, and 20 percent of remaining expenditures shall be for programs of family preservation services, 20 percent for community based family support services, 20 percent for time- limited family reunification services, 10 percent for adoption promotion, and 10 percent for post-adoption and post-permanency services;''. (c) Post-Adoption and Post-Permanency Services Defined.--Section 431(a) of the Social Security Act (42 U.S.C. 629a(a)) is amended by adding at the end the following: ``(10) Post-adoption and post-permanency services.--The term `post-adoption and post-permanency services' means services for children placed in adoptive, kinship, or guardianship placements and their families, and may include any or all of the following: ``(A) Individual counseling. ``(B) Group counseling. ``(C) Family counseling. ``(D) Case management. ``(E) Respite care. ``(F) Training of public adoption personnel, personnel of private child welfare and adoption agencies licensed by the State to provide adoption services, mental health services professionals, and other support personnel to provide services under this part and part E. ``(G) Assistance to adoptive parent organizations. ``(H) Assistance to support groups for adoptive parents, adopted children, and siblings of adopted children. ``(I) Rigorous evaluations of post-adoption and post-permanency services.''. SEC. 7. ENCOURAGING DEVELOPMENT OF ROBUST, COMPREHENSIVE PRACTICE MODELS OF ADOPTIONS FROM FOSTER CARE. (a) State Plan Amendment.--Section 471(a) of the Social Security Act (42 U.S.C. 671(a)) is amended-- (1) in paragraph (32), by striking ``and'' after the semicolon; (2) in paragraph (33), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(34) provides that the State will engage in public- private partnerships to promote evidence-based child-focused recruitment practices that focus measurable attention on the adoption of children out of foster care with an emphasis on those children most at risk of aging out of care .''. (b) Technical Assistance.--The Secretary of Health and Human Services shall provide guidance and technical assistance to State child welfare agencies on the use of Federal funds available under section 474 (a)(3)(B) of the Social Security Act (42 U.S.C. 674(a)(3)(B)) for training for the implementation of intensive recruitment and child- focused strategies that have been shown to increase permanent placements for older youth in foster care. SEC. 8. ENCOURAGING PLACEMENT OF CHILDREN WITH SIBLINGS. (a) State Plan Amendment.--Section 471(a)(29) of the Social Security Act (42 U.S.C. 671(a)(29)) is amended by striking ``all adult grandparents'' and inserting ``notice to the following relatives: all adult grandparents, all parents of the child's siblings, where such parent has legal custody of such sibling,''. (b) Definition of Siblings.--Section 475 of the Social Security Act (42 U.S.C. 675) is amended by adding at the end the following: ``(9) The term `siblings' means individuals who satisfy at least one of the following conditions: ``(A) The individuals are considered by State law to be siblings. ``(B) The individuals would have been considered siblings under State law but for termination of parental rights or other disruption of parental rights, such as the death of a parent.''. SEC. 9. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), the amendments made this Act shall take effect on October 1, 2013. (b) Delay Permitted if State Legislation Required.--In the case of a State plan approved under part B or E of title IV 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 requirements imposed by this Act, the State plan shall not be regarded as failing to comply with the requirements of such part solely on the basis of the failure of the plan to meet such additional requirements before the 1st day of the 1st calendar quarter beginning after the close of the 1st regular session of the State legislature that ends after the 1-year period beginning with the date of the enactment of this Act. For purposes of the preceding sentence, in the case of a State that has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature. SEC. 10. DETERMINATION OF BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage.

Removing Barriers to Adoption and Supporting Families Act of 2013 - Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act (SSA) to reauthorize the adoption incentive payment program through FY2018. Adds a new adoption incentive payment for states involved in sending and receiving interstate adoptions. Directs the Secretary of Health and Human Services (HHS) to pay each state that was a receiving state for an interstate adoptive placement for a fiscal year a pro rata share of the portion of the adoption incentive payment paid to the sending state. Requires a state to report to the Secretary data on interstate adoptions. Directs the Secretary to develop national standards for home studies for use in evaluating potential foster and adoptive parents. Establishes a matching rate for states adopting home study in compliance with national standards. Limits planned permanent living arrangements to children who have attained age 17. Directs the Comptroller General to study: (1) the number of children in each state that are assigned a permanency goal of another planned permanent living arrangement for the most recent fiscal year for which data are available; (2) the ages, gender, race, and special needs of children whose permanency goal is another planned permanent living arrangement; (3) a review and analysis of court practices for determining that another planned permanent living arrangement is the appropriate placement for a child; (4) information with respect to foster youths' involvement in deciding to enter into a permanency goal of another planned permanent living arrangement; and (5) a summary of the reasons that reunification, adoption, kinship care, or guardianship were not found to be in the best interests of the child. Requires a state to spend an amount equal to 20% of the amount of savings from adoption assistance de-linkage to provide post-adoption and post-permanency services to children and families. Requires the state foster care and adoption assistance plan to: (1) commit the state to engage in public-private partnerships to promote evidence-based child-focused recruitment practices that focus measurable attention on the adoption of children out of foster care with an emphasis on those children most at risk of aging out of care, and (2) encourage placement of children with siblings.

Removing Barriers to Adoption and Supporting Families Act of 2013

SECTION 1. UNIFORM TREATMENT OF ABSENTEE BALLOTS OF UNIFORMED AND OVERSEAS VOTERS. (a) Postmark Requirements; Date to Accept Absentee Ballots.-- Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1) is amended-- (1) by striking ``Each'' and inserting ``(a) In General.-- Each''; (2) in paragraph (2), by striking ``and'' at the end; (3) in paragraph (3), by striking the period and inserting a semicolon; and (4) by adding at the end the following: ``(4) regardless of whether such ballot contains a postmark, accept and count any otherwise valid absentee ballot from an overseas voter, with respect to any general, special, primary, or runoff election for Federal office, if there is conclusive evidence that such ballot was mailed or otherwise delivered to the appropriate State election official on or before the election date to which the ballot refers; and ``(5) accept and count any valid absentee ballot from an overseas voter, with respect to any general, special, primary, or runoff election for Federal office, that is received by the appropriate State election official not more than 10 days after the date of the election to which the ballot refers. ``(b) Conclusive Evidence of Mailing.--For purposes of subsection (a)(4), conclusive evidence that an absentee ballot was mailed or otherwise delivered on or before an election date exists if the ballot-- ``(1) has an appropriate postmark; ``(2) is received by the appropriate State election official on or before the date of the election; ``(3) bears an attestation on the outside that such ballot was mailed on or before such date; or ``(4) meets such other requirements as the Presidential designee may by regulation prescribe.''. (b) Enforcement.--Section 608 of title 18, United States Code, is amended by adding at the end the following: ``(c) Whoever knowingly gives false information for the purpose of establishing the date an absentee ballot of an overseas voter under the Uniformed and Overseas Citizens Absentee Voting Act is mailed or delivered shall be fined in accordance with this title or imprisoned not more than five years, or both.''. SEC. 2. USE OF BUILDINGS ON MILITARY INSTALLATIONS AND RESERVE COMPONENT FACILITIES AS POLLING PLACES. (a) Use of Military Installations Authorized.--Section 2670 of title 10, United States Code, is amended-- (1) by striking ``Under'' and inserting ``(a) Use by Red Cross.--Under''; (2) by striking ``this section'' and inserting ``this subsection''; and (3) by adding at the end the following new subsection: ``(b) Use as Polling Places.--(1) Notwithstanding chapter 29 of title 18 (including sections 592 and 593 of such title), the Secretary of a military department may make a building located on a military installation under the jurisdiction of the Secretary available for use as a polling place in any Federal, State, or local election for public office. ``(2) Once a military installation is made available as the site of a polling place with respect to a Federal, State, or local election for public office, the Secretary shall continue to make the site available for subsequent elections for public office unless the Secretary provides to Congress advance notice in a reasonable and timely manner of the reasons why the site will no longer be made available as a polling place. ``(3) In this section, the term `military installation' has the meaning given the term in section 2687(e).''. (b) Use of Reserve Component Facilities.-- (1) In general.--Section 18235 of title 10, United States Code, is amended by adding at the end the following new subsection: ``(c) Pursuant to a lease or other agreement under subsection (a)(2), the Secretary may make a facility covered by subsection (a) available for use as a polling place in any Federal, State, or local election for public office notwithstanding chapter 29 of title 18 (including sections 592 and 593 of such title). Once a facility is made available as the site of a polling place with respect to an election for public office, the Secretary shall continue to make the facility available for subsequent elections for public office unless the Secretary provides to Congress advance notice in a reasonable and timely manner of the reasons why the facility will no longer be made available as a polling place.''. (2) State facilities.--Section 18236 of such title is amended by adding at the end the following new subsection: ``(e) Pursuant to a lease or other agreement under subsection (c)(1), a State may make a facility covered by subsection (c) available for use as a polling place in any Federal, State, or local election for public office notwithstanding chapter 29 of title 18 (including sections 592 and 593 of such title).''. (c) Conforming Amendments to Title 18.-- (1) Prohibition of troops at polls.--Section 592 of title 18, United States Code, is amended by adding at the end the following: ``This section shall not prohibit the use of buildings located on military installations, or the use of reserve component facilities, as polling places in Federal, State, and local elections for public office in accordance with section 2670(b), 18235, or 18236 of title 10.''. (2) Prohibition of interference by armed forces.--Section 593 of such title is amended by adding at the end the following: ``This section shall not prohibit the use of buildings located on military installations, or the use of reserve component facilities, as polling places in Federal, State, and local elections for public office in accordance with section 2670(b), 18235, or 18236 of title 10.''. (d) Conforming Amendment to Voting Rights Law.--Section 2003 of the Revised Statutes (42 U.S.C. 1972) is amended by adding at the end the following: ``Making a military installation or reserve component facility available as a polling place in a Federal, State, or local election for public office in accordance with section 2670(b), 18235, or 18236 of title 10, United States Code, shall be deemed to be consistent with this section.''. (e) Availability of Polling Places for 2002 Federal Elections.--If a military installation or reserve component facility was made available as the site of a polling place with respect to an election for Federal office held during 2000, the same or a comparable site shall be made available for use as a polling place with respect to any applicable general election for Federal office to be held in November 2002. (f) Clerical Amendments.--(1) The heading of section 2670 of title 10, United States Code, is amended to read as follows: ``Sec. 2670. Buildings on military installations: use by American National Red Cross and as polling places in Federal, State, and local elections''. (2) The item relating to such section in the table of sections at the beginning of chapter 159 of such title is amended to read as follows: ``2670. Buildings on military installations: use by American National Red Cross and as polling places in Federal, State, and local elections.''.

Amends the Uniformed and Overseas Citizens Absentee Voting Act with regard to the treatment of absentee ballots of uniformed and overseas voters to ensure the acceptance and counting of any valid absentee ballot from an overseas voter with respect to any election for Federal office, regardless of whether such ballot contains a postmark, if the ballot was: (1) mailed or otherwise delivered to the appropriate State election official on or before the election date to which the ballot refers; and (2) received by the appropriate State official not more than ten days after the date of the election to which the ballot refers.Amends the Federal criminal code to provide sanctions against anyone who knowingly gives false information for the purpose of establishing the date an absentee ballot of an overseas voter is mailed or delivered.Amends Federal armed forces law to authorize the use of buildings on military installations and reserve component facilities as polling places in any Federal, State, or local election for public office. Permits the States to make certain facilities available for such use as well.States that if a military installation or reserve component facility was made available as the site of a polling place with respect to an election for Federal office held during 2000, the same or comparable site shall be made available for use as a polling place with respect to any general election for Federal office to be held in November 2002.

A bill to amend the Uniformed and Overseas Citizens Absentee Voting Act to ensure uniform treatment by States of Federal overseas absentee ballots, to amend titles 10 and 18, United States Code, and the Revised Statutes to remove the uncertainty regarding the authority of the Department of Defense to permit buildings located on military installations and reserve component facilities to be used as polling places in Federal, State, and elections for public office, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sikes Act Amendments Act of 2010''. SEC. 2. IMPROVED SIKES ACT COVERAGE OF STATE-OWNED FACILITIES USED FOR THE NATIONAL DEFENSE. (a) Improvements to Act.--The Sikes Act (16 U.S.C. 670 et seq.) is amended as follows: (1) Definitions.--Section 100 (16 U.S.C. 670) is amended-- (A) by redesignating paragraphs (2) and (3) as paragraphs (4) and (5), respectively; and (B) by inserting after paragraph (1) the following new paragraphs: ``(2) State.--The term `State' means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands. ``(3) State-owned national guard installation.--The term `State-owned National Guard installation' means land owned and operated by a State when such land is used for training the National Guard pursuant to chapter 5 of title 32, United State Code, with funds provided by the Secretary of Defense or the Secretary of a military department, even though such land is not under the jurisdiction of the Department of Defense.''. (2) Funding of integrated natural resources management plans.--Section 101 (16 U.S.C. 670a) is amended-- (A) in subsection (a)(1)(B)-- (i) by inserting ``(i)'' before ``To facilitate''; and (ii) by adding at the end the following new clause: ``(ii) The Secretary of a military department may, subject to the availability of appropriations, develop and implement an integrated natural resources management plan for a State-owned National Guard installation. Such a plan shall be developed and implemented in coordination with the chief executive officer of the State in which the State-owned National Guard installation is located.''; (B) in subsection (a)(2), by inserting ``or State- owned National Guard installation'' after ``military installation'' both places it appears; (C) in subsection (a)(3)-- (i) by striking ``and'' at the end of subparagraph (B); (ii) by striking the period at the end of subparagraph (C) and inserting ``; and''; and (iii) by adding at the end the following new subparagraph: ``(D) the conservation and rehabilitation of natural resources on State-owned National Guard installations and sustainable multipurpose use of the natural resources on those installations.''; (D) by redesignating subsections (c) through (g) as subsections (d) through (h), respectively; and (E) by inserting after subsection (b) the following new subsection (c): ``(c) Required Elements of Plans for State-Owned National Guard Installations.--Each integrated natural resources management plan for a State-owned National Guard installation that is prepared under subsection (a)(1)(B)(ii)-- ``(1) shall, to the extent appropriate and applicable, provide for the same matters for the installation as are required under subsection (c)(1) for a military installation; and ``(2) must be reviewed as to operation and effect by the parties thereto on a regular basis, but not less often than every 5 years.''. (3) Cooperative agreements.--Section 103a(a) (16 U.S.C. 670c-1(a)) is amended-- (A) in paragraph (1), by inserting ``and State- owned National Guard installations'' after ``military installations''; and (B) in paragraph (2), by inserting ``or State-owned National Guard installations'' after ``military installation''. (b) Expansion and Extension of Invasive Species Management Pilot Program.--Subsection (g) of section 101 of such Act (16 U.S.C. 670a) is amended-- (1) in the subsection heading-- (A) by striking ``Pilot Program''; and (B) by striking ``in Guam''; and (2) in paragraph (1)-- (A) by striking ``During fiscal years 2009 through 2014, the'' and inserting ``The''; and (B) by striking ``in Guam''. (c) Section and Subsection Headings.--Such Act is further amended as follows: (1) Section 101 (16 U.S.C. 670a) is amended-- (A) by inserting at the beginning the following: ``SEC. 101. COOPERATIVE PLAN FOR CONSERVATION AND REHABILITATION.''; (B) by striking ``Sec. 101.''; (C) in subsection (d), as redesignated by subsection (a)(2)(D) of this section, by inserting ``Prohibitions on Sale and Lease of Lands Unless Effects Compatible With Plan.--'' after ``(d)''; (D) in subsection (e), as redesignated by subsection (a)(2)(D) of this section, by inserting ``Implementation and Enforcement of Integrated Natural Resources Management Plans.--'' after ``(e)''; and (E) in subsection (f), as redesignated by subsection (a)(2)(D) of this section-- (i) by inserting ``Applicability of Other Laws.--'' after ``(f)''; and (ii) by inserting a comma after ``Code''. (2) Section 102 (16 U.S.C. 670b) is amended-- (A) by inserting at the beginning the following: ``SEC. 102. MIGRATORY GAME BIRDS; HUNTING PERMITS.''; (B) by striking ``Sec. 102.'' and inserting ``(a) Integrated Natural Resources Management Plan.--''; and (C) by striking ``agency:'' and all that follows through ``possession'' and inserting ``agency. ``(b) Applicability of Other Laws.--Possession''. (3) Section 103a (16 U.S.C. 670c-1) is further amended-- (A) by inserting at the beginning the following: ``SEC. 103A. COOPERATIVE AND INTERAGENCY AGREEMENTS FOR LAND MANAGEMENT ON INSTALLATIONS.''; (B) by striking ``Sec. 103a.''; (C) in subsection (a), by inserting ``Authority of Secretary of Military Department.--'' after ``(a)''; and (D) in subsection (c), by inserting ``Availability of Funds; Agreements Under Other Laws.--'' after ``(c)''. (4) Section 104 (16 U.S.C. 670d) is amended-- (A) by inserting at the beginning the following: ``SEC. 104. LIABILITY FOR FUNDS; ACCOUNTING TO COMPTROLLER GENERAL.''; and (B) by striking ``Sec. 104.''. (5) Section 105 (16 U.S.C. 670e) is amended-- (A) by inserting at the beginning the following: ``SEC. 105. APPLICABILITY TO OTHER LAWS; NATIONAL FOREST LANDS.''; and (B) by striking ``Sec. 105.''. (6) Section 108 (16 U.S.C. 670f) is amended-- (A) by inserting at the beginning the following: ``SEC. 108. APPROPRIATIONS AND EXPENDITURES.''; (B) by striking ``Sec. 108.''; (C) in subsection (a), by inserting ``Expenditures of Collected Funds Under Integrated Natural Resources Management Plans.--'' after ``(a)''; (D) in subsection (b), by inserting ``Authorization of Appropriations to Secretary of Defense.--'' after ``(b)''; (E) in subsection (c), by inserting ``Authorization of Appropriations to Secretary of the Interior.--'' after ``(c)''; and (F) in subsection (d), by inserting ``Use of Other Conservation or Rehabilitation Authorities.--'' after ``(d)''. (7) Section 201 (16 U.S.C. 670g) is amended-- (A) by inserting at the beginning the following: ``SEC. 201. WILDLIFE, FISH, AND GAME CONSERVATION AND REHABILITATION PROGRAMS.''; (B) by striking ``Sec. 201.''; (C) in subsection (a), by inserting ``Programs Required.--'' after ``(a)''; and (D) in subsection (b), by inserting ``Implementation of Programs.--'' after ``(b)''. (8) Section 202 (16 U.S.C. 670h) is amended-- (A) by inserting at the beginning the following: ``SEC. 202. COMPREHENSIVE PLANS FOR CONSERVATION AND REHABILITATION PROGRAMS.''; (B) by striking ``Sec. 202.''; (C) in subsection (a), by inserting ``Development of Plans.--'' after ``(a)''; (D) in subsection (b), by inserting ``Consistency With Overall Land Use and Management Plans; Hunting, Trapping, and Fishing.--'' after ``(b)''; (E) in subsection (c), by inserting ``Cooperative Agreements By State Agencies for Implementation of Programs.--'' after ``(c)''; and (F) in subsection (d), by inserting ``State Agency Agreements Not Cooperative Agreements Under Other Provisions.--'' after ``(d)''. (9) Section 203 (16 U.S.C. 670i) is amended-- (A) by inserting at the beginning the following: ``SEC. 203. PUBLIC LAND MANAGEMENT AREA STAMPS FOR HUNTING, TRAPPING, AND FISHING ON PUBLIC LANDS SUBJECT TO PROGRAMS.''; (B) by striking ``Sec. 203.''; (C) in subsection (a), by inserting ``Agreements To Require Stamps.--'' after ``(a)''; and (D) in subsection (b)-- (i) by inserting ``Conditions for Agreements.--'' after (b); and (ii) by moving paragraph (3) 2 ems to the right, so that the left-hand margin aligns with that of paragraph (2). (10) Section 204 (16 U.S.C. 670j) is amended-- (A) by inserting at the beginning the following: ``SEC. 204. ENFORCEMENT PROVISIONS.''; (B) by striking ``Sec. 204.''; (C) in subsection (a), by inserting ``Violations and Penalties.--'' after ``(a)''; (D) in subsection (b), by inserting ``Enforcement Powers and Proceedings.--'' after ``(b)''; (E) in subsection (c), by inserting ``Seizure and Forfeiture.--'' after ``(c)''; and (F) in subsection (d), by inserting ``Applicability of Customs Laws.--'' after ``(d)''. (11) Section 205 (16 U.S.C. 670k) is amended-- (A) by inserting at the beginning the following: ``SEC. 205. DEFINITIONS.''; and (B) by striking ``Sec. 205.''. (12) Section 206 (16 U.S.C. 670l) is amended-- (A) by inserting at the beginning the following: ``SEC. 206. STAMP REQUIREMENTS NOT APPLICABLE TO FOREST SERVICE AND BUREAU OF LAND MANAGEMENT LANDS; AUTHORIZED FEES.''; and (B) by striking ``Sec. 206.''. (13) Section 207 (16 U.S.C. 670m) is amended-- (A) by inserting at the beginning the following: ``SEC. 207. INDIAN RIGHTS; STATE OR FEDERAL JURISDICTION REGULATING INDIAN RIGHTS.''; and (B) by striking ``Sec. 207.''. (14) Section 209 (16 U.S.C. 670o) is amended-- (A) by inserting at the beginning the following: ``SEC. 209. AUTHORIZATION OF APPROPRIATIONS.''; (B) by striking ``Sec. 209.''; (C) in subsection (a), by inserting ``Functions and Responsibilities of Secretary of the Interior.--'' after ``(a)''; (D) in subsection (b), by inserting ``Functions and Responsibilities of Secretary of Agriculture.--'' after ``(b)''; (E) in subsection (c), by inserting ``Use of Other Conservation or Rehabilitation Authorities.--'' after ``(c)''; and (F) in subsection (d), by inserting ``Contract Authority.--'' after ``(d)''. (d) Codification of Change of Name.--Section 204(b) of such Act (16 U.S.C. 670j) is amended by striking ``magistrate'' both places it appears and inserting ``magistrate judge''. (e) Repeal of Obsolete Section.--Section 208 of such Act is repealed, and section 209 of such Act (16 U.S.C. 670o) is redesignated as section 208.

Sikes Act Amendments Act of 2010 - Amends the Sikes Act (conservation programs on military installations and facilities) to include under such Act's coverage state-owned facilities used for National Guard training. Authorizes the Secretary of a military department to develop and implement an integrated natural resources management plan for a state-owned National Guard installation. Outlines plan elements and requires such plans to be reviewed at least every five years. Makes permanent and expands (under current law, a pilot program for FY2009-FY2014 limited to Guam) the program for invasive species management for military installations.

To amend the Sikes Act to improve natural resources management planning for State-owned facilities used for the national defense, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Dietary Supplement Access and Claims Moratorium Act of 1993''. SEC. 2. FINDINGS. The Congress finds the following: (1) Many consumers use vitamins, minerals, herbs, amino acids, and other dietary supplements. (2) There has been a public campaign to convince consumers that the Food and Drug Administration intends to require prescriptions for many dietary supplements, or that the FDA will otherwise act to take these products off the market. (3) Due to public concern, it is appropriate for Congress to assure consumers that they will have access to the dietary supplements that are currently on the market. (4) The dietary supplement industry is concerned that the Nutrition Labeling and Education Act of 1990 will prohibit health claims on dietary supplements. Congress shall extend the moratorium on FDA actions under such Act with respect to dietary supplements. TITLE I--ACCESS TO DIETARY SUPPLEMENTS SEC. 101. REFERENCE. Whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Federal Food, Drug, and Cosmetic Act. SEC. 102. ACCESS TO DIETARY SUPPLEMENTS. (a) FDA May Not Require Prescriptions for Dietary Supplements.-- Section 503(b) (21 U.S.C. 353(b)) is amended by adding at the end the following: ``(6) For a dietary supplement marketed on or before November 15, 1993, the Secretary may not, after November 15, 1993, require a prescription . For a dietary supplement first marketed after November 15, 1993, this subsection as it was in effect on the date of the enactment of the Dietary Supplement Access and Claims Moratorium Act of 1993 shall apply.''. (b) FDA May Not Require Premarket Approval for Dietary Supplements.-- (1) Food additives.--Section 201(s) (21 U.S.C. 321(s)) is amended-- (A) by striking out the period at the end of subparagraph (5) and inserting in lieu thereof ``; or''; and (B) by adding after subparagraph (5) the following: ``(6) any dietary ingredient in a dietary supplement.''. (2) Drugs.--Section 201(g)(1) (21 U.S.C. 321(g)(1)) is amended by adding at the end the following: ``A dietary supplement which was on the market on or before November 15, 1993, and for which no claim is made is not a drug.''. (c) Burden of Proof on FDA.-- (1) In general.--Section 402 (21 U.S.C. 342) is amended by adding at the end the following: ``(f) If it contains a dietary ingredient at a level that may be injurious to health or is a dietary supplement which when used in accordance with the conditions of use may be injurious to health.''. (2) Conforming amendment.--Section 402 (21 U.S.C. 342) is amended by striking ``food'' in the matter preceding paragraph (a) and inserting ``food or dietary supplement''. (d) Definitions.-- (1) In general.--Section 201 (21 U.S.C. 321) is amended by adding at the end the following: ``(gg) The term `dietary ingredient' means-- ``(1) a vitamin, ``(2) a mineral, ``(3) an herb, ``(4) an amino acid, or ``(5) other ingredient, contained in a product marketed in the United States as a dietary supplement on or before November 15, 1993. ``(hh) The term `dietary supplement' means a product which contains one or more dietary ingredients and-- ``(1) which is marketed to supplement the diet, ``(2) which is intended for use in tablet, capsule, powder, softgel, or liquid form and if in liquid form is formulated in a fluid carrier and is intended for ingestion in daily quantities measured in drops or similar small units of measure, ``(3) which is not represented for use as conventional food or as a sole item of a meal or of the diet, and ``(4) which does not include any ingredient other than a vitamin or mineral which has been approved as the active ingredient of a drug.''. (2) Secretarial action.--For purposes of the definitions added by paragraph (1), the Secretary of Health and Human Services shall, not later than 180 days after the date of the enactment of this Act, issue a regulation identifying the dietary ingredients which were marketed on or before November 15, 1993. TITLE II--MORATORIUM ON DIETARY SUPPLEMENT CLAIMS SEC. 201. REFERENCE. Whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Prescription Drug User Fee Act of 1992. SEC. 202. PROHIBITION OF IMPLEMENTATION. Section 202(a)(1) (21 U.S.C. 343 note) is amended-- (1) by striking ``December 15, 1993'' and inserting ``June 30, 1994'', and (2) by inserting ``amino acids,'' after ``herbs,''. SEC. 203. ISSUANCE OF REGULATIONS. The amendments made by sections 202(a)(2)(B)(i) and 202(a)(2)(B)(ii) (21 U.S.C. 343 note) are each amended-- (1) by striking ``December 31, 1993'' and inserting ``June 30, 1994'', and (2) by inserting ``amino acids,'' after ``herbs,''. SEC. 204. STATE ENFORCEMENT. The amendment made by section 202(a)(3) (21 U.S.C. 343 note) is amended by striking ``to such dietary supplement on December 31, 1993'' and inserting ``to dietary supplements of vitamins, minerals, herbs, amino acids, or other similar nutritional substances on June 30, 1994''. SEC. 205. CLAIM APPROVAL. Section 202(b) (21 U.S.C. 343 note) is amended-- (1) by striking ``December 15, 1993'' and inserting ``June 30, 1994'', and (2) by inserting ``amino acids,'' after ``herbs,''.

Dietary Supplement Access and Claims Moratorium Act of 1993 - Title I: Access to Dietary Supplements - Amends the Federal Food, Drug, and Cosmetic Act to prohibit the Secretary of Health and Human Services from requiring: (1) a prescription for a dietary supplement marketed on or before November 15, 1993; and (2) premarket approval for dietary supplements. Specifies that a food shall be deemed to be adulterated if it contains a dietary ingredient at a level that may be injurious to health or is a dietary supplement which when used in accordance with the conditions of use may be injurious to health. Title II: Moratorium on Dietary Supplement Claims - Amends the Prescription Drug User Fee Act of 1992 to prohibit the Secretary from implementing the Nutrition Labeling and Education Act of 1990 or any amendment made by such Act earlier than June 30, 1994, with respect to dietary supplements of vitamins, minerals, herbs, amino acids, or other similar nutritional substances. Prohibits the Secretary from issuing any final regulations applicable to such substances before that date. Specifies that any such proposed regulations shall not be considered to be final regulations until that date. Makes the effective date for provisions dealing with State enforcement with respect to such substances June 30, 1994. Permits the Secretary, earlier than that date, to approve specified health claims made with respect to such substances.

Dietary Supplement Access and Claims Moratorium Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sexual Assault Training Oversight and Prevention Act'' or the ``STOP Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The Department of Defense conducted a survey of members of the Armed Forces serving on active duty that revealed that only 13.5 percent of such members reported incidents of sexual assault, which means that more than 19,000 incidents of sexual assault of members of the Armed Forces actually occurred in 2010 alone. (2) Despite modest attempts, the Department of Defense has failed to address the chronic under reporting of incidents of sexual assault and harassment, as by the Department's own estimates, 86 percent of sexual assaults went unreported in 2010. (3) The military adjudication system itself lacks independence, as military judges depend on command, and members of the Armed Forces have only limited access to civilian courts to address their grievances. (4) The Cox Commission, sponsored by the National Institute of Military Justice, as well as several other actors, have consistently observed that the United States has fallen behind countries such as Canada and the United Kingdom in terms of its military justice system. (5) The military atmosphere is not conducive to resolving issues of sexual assault and harassment, and sexual violence continues to infect the Armed Forces. (6) The culture of the United States Armed Forces is based on the chain of command. In a case of sexual assault, a commander may be responsible for both the victim and the offender, or both of their units, or the entire base or ship where the offense occurred. Command discretion empowers a commander to decide if the case goes forward to court martial. The great deference afforded command discretion raises serious concerns about conflicts of interest and the potential for abuse of power. SEC. 3. DEPARTMENT OF DEFENSE SEXUAL ASSAULT OVERSIGHT AND RESPONSE COUNCIL. (a) In General.--Chapter 7 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 188. Sexual Assault Oversight and Response Council ``(a) Establishment; Membership.--There is a Sexual Assault Oversight and Response Council (hereinafter in this section referred to as the `Council'). Composed of a majority of civilians this Council shall be independent from the chain of command within the Department of Defense. ``(b) Membership.--(1) The membership of the Council is comprised of individuals selected by the President and the Secretary of Defense who are governmental and nongovernmental experts and professionals in the judicial and sexual assault fields as follows: ``(A) Two members shall be appointed by the Secretary of the Defense from among the Department of Defense personnel who have previously served as military judges in courts-martial cases relating to sexual assault. ``(B) One member shall be appointed by the President from among the Department of Justice personnel with expertise in prosecuting cases of sexual assault. ``(C) One member shall be appointed by the President who shall have extensive experience advocating for the rights of those sexually assaulted while serving in the Armed Forces. ``(D) One member shall be appointed by the President who shall have extensive expertise adjudicating civilian cases of sexual assault. ``(2) Members shall be appointed for a term of three years, except that a member of the Council appointed to fill a vacancy occurring before the end of the term for which the member's predecessor was appointed shall only serve until the end of such term. A member may serve after the end of the member's term until the member's successor takes office. ``(c) Chairman; Meetings.--(1) The Council shall elect a chair from among its members. ``(2) The Council shall meet not less often than once every year. ``(d) Administrative Provisions.--(1) Each member of the Council who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for Executive Schedule Level IV under section 5315 of title 5, for each day (including travel time) during which such member is engaged in the performance of the duties of the Council. Members of the Council who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. ``(2) The members of the Council shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, while away from their homes or regular places of business in the performance of services for the board. ``(e) Responsibilities.--The Council shall be responsible for the following matters: ``(1) Appointing certain personnel to the Sexual Assault Oversight and Response Office and advising the Sexual Assault Oversight and Response Office. ``(2) Appointing, in consultation with the Secretary of Defense, the Director of Military Prosecutions. ``(3) Appointing, in consultation with the President and the Secretary of Defense, the Executive Director of the Sexual Assault Oversight and Response Office. ``(4) Reviewing each request of the Director of Military Prosecutions with respect to a case stemming from a sexual- related offense that has been referred to an appellate court within the military or that has been referred to the Department of Justice. ``(5) Submitting to the Secretary of Defense, Congress, and the Attorney General a report on each request by the Director of Military Prosecutions for a referral to a higher court. ``(6) Advising the Sexual Assault Oversight and Response Office on-- ``(A) the development of sexual assault reporting protocols; ``(B) the development of sexual assault risk- reduction and response training; ``(C) the development of sexual assault policy; and ``(D) the effectiveness of the Director of Military Prosecution.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``188. Sexual Assault Oversight and Response Council.''. SEC. 4. DEPARTMENT OF DEFENSE SEXUAL ASSAULT OVERSIGHT AND RESPONSE OFFICE. (a) In General.--Chapter 4 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 145. Sexual Assault Oversight and Response Office ``(a) Establishment.--There is in the Department a Sexual Assault Oversight and Response Office (hereinafter in this section referred to as the `Office'). The head of the Office is the Executive Director of the Sexual Assault Oversight and Response Office, who shall be appointed by the Secretary of Defense, in consultation with the President. ``(b) Responsibilities.--The Office shall be responsible for the following: ``(1) Coordination with appropriate military criminal investigative organizations to carry out investigations of accusations of sexual assault. ``(2) Coordination and oversight of the provision of the three fundamental rights of victims of sexual assault, safety, security, and a place to communicate and to be validated. ``(3) Determining whether alleged victims or alleged perpetrators of sexual assault should be temporarily reassigned to be separated from the alleged assailant. ``(4) Establishing protocols to ensure that all reports of sexual assault are taken out of the chain of command and reported directly to the Office. ``(5) Providing instruction in referring alleged victims of sexual assault to the Office to the following personnel: ``(A) Sexual assault coordinators. ``(B) Sexual assault prevention and response victim advocates. ``(C) Health care personnel. ``(D) Chaplains. ``(E) Unit commanders. ``(F) Investigators and law enforcement personnel. ``(G) Judge advocates. ``(6) Maintaining the Military Sexual Registry under section 563 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417). ``(c) Coordination of Training.--The Executive Director shall coordinate the training efforts of the Office with each of the military departments to ensure that all members of the Armed Forces receive-- ``(1) the contact information for the Sexual Assault Oversight and Response Office for purposes of reporting violations of sexual-related offenses; and ``(2) clear, written guidelines regarding who on the Sexual Assault Oversight and Response Office to contact, including the direct telephone number for a victims' advocate, and what steps to take in the event of a sexual assault. ``(d) Personnel.--For the purposes of carrying out the responsibilities of the Office, the Executive Director of the Sexual Assault Oversight and Response Office, in consultation with the Sexual Assault Response Council established under section 188 of this title, may select, appoint, and employ such officers and employees as may be necessary, subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and the provisions of chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates. ``(f) Inspector General Reviews.--The Inspector General shall conduct case reviews of a statistically significant number of cases involving allegations of sexual assault on a quarterly basis to determine if proper procedures were followed in accordance with the sexual assault protocols and guidelines within the Sexual Assault Oversight and Response Office. ``(g) Report to Congress.--The Executive Director shall submit to Congress an annual report on sexual assault in the Armed Forces. ``(h) Definition of Military Criminal Investigative Organization.-- In this section, the term `military criminal investigative organization' means the Army Criminal Investigation Command, the Naval Criminal Investigative Service, and the Air Force Office of Special Investigations.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``145. Sexual Assault Oversight and Response Office.''. (c) Transfer of Function.--All functions and personnel of the Sexual Assault Prevention and Response Office of the Department of Defense, as of the date of the enactment of this Act, shall be transferred to the Sexual Assault Oversight and Response Office established by section 145 of title 10, United States Code, as added by subsection (a). SEC. 5. DIRECTOR OF MILITARY PROSECUTIONS. (a) In General.--Chapter 47 of title 10, United States Code, is amended by inserting after section 940 the following new section: ``Sec. 940A. Art. 140A. Director of Military Prosecutions ``(a) Appointment.--There is a Director of Military Prosecutions who shall be appointed by the Sexual Assault Oversight and Response Council established under section 188 of this title. ``(b) Responsibilities.--Notwithstanding any other provision of this chapter, the Director of Military Prosecutions shall have independent and final authority to oversee the prosecution of all sexual-related offenses committed by a member of the Armed Forces and shall refer cases to be tried by courts-martial. The Director may, at any time prior to the judge rendering a verdict, request that the sexual-related offense be referred to a military appellate court or referred to the Department of Justice. The Director shall be the convening authority for all sexual-related offenses and shall determine the type of court-martial to which each such case will be referred. Members of a court-martial shall be selected by a court-martial administrator at the request of the Director. ``(c) Sexual-Related Offense.--In this section, the term `sexual- related offense' means-- ``(1) rape; ``(2) aggravated sexual assault; ``(3) abusive sexual contact; ``(4) indecent assault; ``(5) nonconsensual sodomy; ``(6) an attempt to commit an offense described in any of paragraphs (1) through (5); and ``(7) any other sexual offense the Secretary determines is appropriate.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 940 the following new item: ``940A. Art. 140A. Director of Military Prosecutions.''. SEC. 6. INFORMATION DATABASE ON SEXUAL ASSAULT INCIDENTS IN THE ARMED FORCES. Section 563 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417) is amended by striking subsections (a) and (b) and inserting the following new subsections: ``(a) Military Sexual Registry.-- ``(1) Database required.--The Secretary of Defense shall implement a centralized, case-level database, to be known as the `Military Sexual Registry', for the collection, in a manner consistent with Department of Defense regulations for restricted reporting, and maintenance of information regarding sexual assaults involving a member of the Armed Forces, including information, if available, about the nature of the assault, the victim, the offender, and the outcome of any legal proceedings in connection with the assault. The Secretary shall consult with the Attorney General to ensure that the Military Sexual Registry is designed to facilitate the reporting of relevant information about individuals included in the database to the Department of Justice for inclusion in the National Sex Offender Registry established under section 119 of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16919). ``(2) Information required.--The Military Sexual Registry shall include the following information about each individual who is a member of the Armed Forces who is convicted of committing a sexual assault: ``(A) The name of the individual, including any alias used by the individual. ``(B) All relevant aspects of the case against the individual. ``(C) The Social Security number of the individual. ``(D) The address of each residence where the individual resides or plans to reside. ``(E) The license plate number and a description of any vehicle owned or operated by the individual. ``(F) A criminal history of the individual, including the date of all sexual offenses committed by the individual, the date of any conviction of the individual for a sexual offense, and the status of the individual's parole, probation, or supervised release. ``(G) A DNA sample of the individual. ``(H) A current photograph of the individual. ``(I) Any other information required by the Secretary. ``(b) Location of Database.--The Military Sexual Registry shall be housed at and maintained by the Sexual Assault Oversight and Response Office of the Department of Defense under section 145 of title 10, United States Code.''.

Sexual Assault Training Oversight and Prevention Act or STOP Act - Establishes a Sexual Assault Oversight and Response Council, composed mainly of civilians, as an independent entity from the chain of command of the Department of Defense (DOD). Directs the Council to: (1) appoint personnel to the Sexual Assault Oversight and Response Office, and advise such Office; (2) appoint the Director of Military Prosecutions (Director); (3) review each request of the Director with respect to a case stemming from a sexual-related offense that has been referred to a military appellate court or to the Department of Justice (DOJ); and (4) submit to the Secretary of Defense, Congress, and the Attorney General a report on each Director request for referral to a higher court. Requires the Council to advise on the development of sexual assault reporting protocols, risk-reduction and response training, and policy. Establishes within DOD the Sexual Assault Oversight and Response Office, headed by an Executive Director, to undertake specified duties and responsibilities relating to the investigation, prevention, and reduction of sexual assault incidents within the Armed Forces. Requires the Office to establish protocols to ensure that all reports of sexual assault are taken out of the chain of command and reported directly to the Office. Establishes the position of Director of Military Prosecutions, appointed by the Council, to have independent and final authority to oversee the prosecution of all sexual-related offenses committed by a member of the Armed Forces, and to refer such cases to trial by courts-martial. Amends the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 to require the Secretary to implement a centralized database, known as the Military Sexual Registry, for the collection of information regarding sexual assaults within the military, including the nature of the assault, the victim, the offender, and the outcome of associated legal proceedings. Requires the Registry to be housed and maintained within the Office.

To amend title 10, United States Code, to improve the prevention of and response to sexual assault in the Armed Forces, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``UNRWA Humanitarian Accountability Act.'' SEC. 2. UNITED STATES CONTRIBUTIONS TO UNRWA. Section 301 of the Foreign Assistance Act of 1961 is amended by striking subsection (c) and inserting the following new subsection: ``(c)(1) Withholding.--Contributions by the United States to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), to any successor or related entity, or to the regular budget of the United Nations for the support of UNRWA or a successor entity (through staff positions provided by the United Nations Secretariat, or otherwise), may be provided only during a period for which a certification described in paragraph (2) is in effect. ``(2) Certification.--A certification described in this paragraph is a written determination by the Secretary of State, based on all information available after diligent inquiry, and transmitted to the appropriate congressional committees along with a detailed description of the factual basis therefor, that-- ``(A) no official, employee, consultant, contractor, subcontractor, representative, or affiliate of UNRWA-- ``(i) is a member of a Foreign Terrorist Organization; ``(ii) has propagated, disseminated, or incited anti-American, anti-Israel, or anti-Semitic rhetoric or propaganda; or ``(iii) has used any UNRWA resources, including publications or Web sites, to propagate or disseminate political materials, including political rhetoric regarding the Israeli-Palestinian conflict; ``(B) no UNRWA school, hospital, clinic, other facility, or other infrastructure or resource is being used by a Foreign Terrorist Organization for operations, planning, training, recruitment, fundraising, indoctrination, communications, sanctuary, storage of weapons or other materials, or any other purposes; ``(C) UNRWA is subject to comprehensive financial audits by an internationally recognized third party independent auditing firm and has implemented an effective system of vetting and oversight to prevent the use, receipt, or diversion of any UNRWA resources by any foreign terrorist organization or members thereof; ``(D) no UNRWA-funded school or educational institution uses textbooks or other educational materials that propagate or disseminate anti-American, anti-Israel, or anti-Semitic rhetoric, propaganda or incitement; ``(E) no recipient of UNRWA funds or loans is a member of a Foreign Terrorist Organization; and ``(F) UNRWA holds no accounts or other affiliations with financial institutions that the United States deems or believes to be complicit in money laundering and terror financing. ``(3) Definition.--In this section: ``(A) Foreign terrorist organization.--The term `Foreign Terrorist Organization' means an organization designated as a Foreign Terrorist Organization by the Secretary of State in accordance with section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)). ``(B) Appropriate congressional committees.--The term `appropriate congressional committees' means-- ``(i) the Committees on Foreign Affairs, Appropriations, and Oversight and Government Reform of the House; and ``(ii) the Committees on Foreign Relations, Appropriations, and Homeland Security and Governmental Affairs of the Senate. ``(4) Effective Duration of Certification.--The certification described in paragraph (2) shall be effective for a period of 180 days from the date of transmission to the appropriate congressional committees, or until the Secretary receives information rendering that certification factually inaccurate, whichever is earliest. In the event that a certification becomes ineffective, the Secretary shall promptly transmit to the appropriate congressional committees a description of any information that precludes the renewal or continuation of the certification. ``(5) Limitation.--During a period for which a certification described in paragraph (2) is in effect, the United States may not contribute to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) or a successor entity an annual amount-- ``(A) greater than the highest annual contribution to UNRWA made by a member country of the League of Arab States; ``(B) that, as a proportion of the total UNRWA budget, exceeds the proportion of the total budget for the United Nations High Commissioner for Refugees (UNHCR) paid by the United States; or ``(C) that exceeds 22 percent of the total budget of UNRWA.''. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the President and the Secretary of State should lead a high-level diplomatic effort to encourage other responsible nations to withhold contributions to UNRWA, to any successor or related entity, or to the regular budget of the United Nations for the support of UNRWA or a successor entity (through staff positions provided by the United Nations Secretariat, or otherwise) until UNRWA has met the conditions listed in subparagraphs (A) through (F) of section 301(c)(2) of the Foreign Assistance Act of 1961 (as added by section 2 of this Act); (2) citizens of recognized states should be removed from UNRWA's jurisdiction; (3) UNRWA's definition of a ``Palestine refugee'' should be changed to that used for a refugee by the Office of the United Nations High Commissioner for Refugees; and (4) in order to alleviate the suffering of Palestinian refugees, responsibility for those refugees should be fully transferred to the Office of the United Nations High Commissioner for Refugees.

UNRWA Humanitarian Accountability Act - Amends the Foreign Assistance Act of 1961 to withhold U.S. contributions to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) or to any successor or related entity unless the Secretary of State certifies to Congress that: (1) no UNRWA official, employee, representative, or affiliate is a member of a foreign terrorist organization, has propagated anti-American, anti-Israel, or anti-Semitic rhetoric, or has used UNRWA resources to propagate political materials regarding the Israeli-Palestinian conflict; (2) no UNRWA facility is used by a foreign terrorist organization; (3) no UNRWA school uses educational materials that propagates anti-American, anti-Israel, or anti-Semitic rhetoric; (4) UNRWA is subject to auditing oversight; and (5) UNRWA holds no accounts or other affiliations with financial institutions deemed by the United States to be complicit in money laundering and terror financing. Limits, upon certification compliance, U.S. contributions to UNRWA.

To ensure accountability for United States taxpayers' humanitarian assistance for Palestinian refugees.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Crime Control Act of 1997''. SEC. 2. FINDINGS. Congress finds that-- (1) the most important domestic function of the Federal Government is the protection of the personal security of individual Americans through the enactment and enforcement of laws against criminal behavior; and (2) tough Federal laws, such as mandatory minimum prison sentences for violent crimes committed with a firearm and truth-in-sentencing, would serve as deterrents to persons who might be disposed to commit violent crimes. SEC. 3. MANDATORY MINIMUMS FOR STATE CRIMES INVOLVING A FIREARM. Section 924(c) of title 18, United States Code, is amended by adding at the end the following: ``(4) State crimes involving the use of a firearm.-- ``(A) Definitions.--In this paragraph-- ``(i) the term `crime of violence' means an offense that is punishable by imprisonment for more than 1 year, and-- ``(I) has as an element the use, attempted use, or threatened use of physical force against the person or property of another; or ``(II) by its nature involves a substantial risk that physical force against the person or property of another may be used during the course of the offense; ``(ii) the term `drug trafficking crime' means a crime punishable by imprisonment for more than 1 year involving the manufacture, distribution, possession, cultivation, sale, or transfer of a controlled substance, controlled substance analogue, immediate precursor, or listed chemical (as those terms are defined in section 102 of the Controlled Substance Act (21 U.S.C. 802)), or an attempt or conspiracy to commit such a crime; and ``(iii) the term `possesses a firearm' means-- ``(I) in the case of a crime of violence, touching a firearm at the scene of a crime at any time during the commission of the crime; and ``(II) in the case of a drug trafficking crime, having a firearm readily available at the scene of the crime at any time during the commission of the crime. ``(C) Prohibited acts; penalties.--A person who, during and in relation to a crime of violence or drug trafficking crime involving a firearm that has been moved at any time in interstate or foreign commerce (including a crime of violence or drug trafficking crime that provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device) for which the person may be prosecuted in a court of any State-- ``(i) in the case of a first conviction of such a crime, in addition to the sentence imposed for the crime of violence or drug trafficking crime-- ``(I) knowingly possesses a firearm, shall be imprisoned for a term of not less than 10 years; ``(II) discharges a firearm with intent to injure another person, shall be imprisoned for a term of not less than 20 years; and ``(III) knowingly possesses a firearm that is a machinegun or destructive device, or is equipped with a firearm silencer or firearm muffler, shall be imprisoned for a term of not less than 30 years; ``(ii) in the case of a second conviction of such a crime, in addition to the sentence imposed for the crime of violence or drug trafficking crime-- ``(I) knowingly possesses a firearm during and in relation to the crime of violence or drug trafficking crime, shall be imprisoned for a term of not less than 20 years; ``(II) discharges a firearm during and in relation to the crime of violence or drug trafficking crime, shall be imprisoned for a term of not less than 30 years; and ``(III) discharges a firearm that is a machinegun or a destructive device, or is equipped with a firearm silencer or firearm muffler, shall be imprisoned for a term of life; and ``(iii) in the case of a third or subsequent conviction of such a crime, possesses or discharges a firearm in a manner described in clause (i) or (ii), shall be imprisoned for a term of life. ``(D) No probation, suspension of sentence, or early release.--Notwithstanding any other provision of law-- ``(i) a court shall not place on probation or suspend the sentence of any person convicted of a violation of this subsection, nor shall a term of imprisonment imposed under this subsection run concurrently with any other term of imprisonment, including a term imposed for the crime of violence or drug trafficking crime in which the firearm was used; and ``(ii) no person sentenced under this subsection shall be released for any reason during a term of imprisonment imposed under this paragraph. ``(E) Inapplicability to certain persons.--Except in the case of a person who engaged in or participated in criminal conduct that gave rise to the occasion for the person's use of a firearm, this paragraph does not apply to a person who may be found to have committed a criminal act while acting in defense of a person or property during the course of a crime being committed by another person (including the arrest or attempted arrest of the offender during or immediately after the commission of the crime). ``(F) Effect on state law.-- ``(i) In general.--This paragraph shall supplement, but not supplant, the efforts of State and local prosecutors in prosecuting crimes of violence and drug trafficking crimes that could be prosecuted under State law. ``(ii) Deference.--The Attorney General shall give due deference to the interest that a State or local prosecutor has in prosecuting a person under State law. ``(G) No creation of enforceable rights.--This paragraph shall not be construed to create any rights, substantive or procedural, enforceable at law by any party in any manner, civil or criminal, nor does it place any limitations on otherwise lawful prerogatives of the Attorney General.''. SEC. 4. PRISON WORK REQUIREMENTS FOR PRISONERS; PROHIBITION ON PROVISION OF LUXURY ITEMS TO PRISONERS. Section 4001(b)(2) of title 18, United States Code, is amended by adding at the end the following: ``Not later than 120 days after the date of enactment of the Crime Control Act of 1997, the Attorney General shall implement and enforce regulations mandating prison work for all able-bodied inmates in Federal penal and correctional institutions. Such regulations shall also prohibit the provision by the Government of television, radio, telephone, stereo, or other similar amenities in the cell of any inmate.''.

Crime Control Act of 1997 - Amends the Federal criminal code to provide mandatory minimum terms of imprisonment for persons prosecuted in State courts for violent and drug trafficking crimes involving a firearm. Prohibits probation, suspension of sentence, concurrent sentencing, or early release for such persons. Makes this Act inapplicable to certain persons found to have committed a criminal act while acting in defense of a person or property during the course of a crime being committed by another person. Directs the Attorney General to: (1) give due deference to the interest that a State or local prosecutor has in prosecuting a person under State law; and (2) implement and enforce regulations which mandate prison work for all able-bodied inmates in Federal penal and correctional institutions and which prohibit the provision by the Government of television, radio, telephone, stereo, or similar amenities in the cell of any inmate.

Crime Control Act of 1997

SECTION 1. RESTRICTIONS ON INTELLIGENCE SHARING WITH THE UNITED NATIONS. (a) In General.--The United Nations Participation Act of 1945 (22 U.S.C. 287 et seq.) is amended by adding at the end the following new section: ``SEC. 12. RESTRICTIONS ON INTELLIGENCE SHARING WITH THE UNITED NATIONS. ``(a) Provision of Intelligence Information to the United Nations.--(1) No United States intelligence information may be provided to the United Nations or any organization affiliated with the United Nations, or to any officials or employees thereof, unless the President certifies to the appropriate committees of Congress that the Director of Central Intelligence (in this section referred to as the `DCI'), in consultation with the Secretary of State and the Secretary of Defense, has established and implemented requirements which have been formally agreed to and implemented by the United Nations for protecting intelligence sources and methods as a condition for the provision of United States intelligence information to the United Nations. Those requirements shall include, but not be limited to-- ``(A) the adoption by the United Nations of formal security violation investigation procedures and security clearance background investigation procedures certified by the DCI as comparable to United States procedures; ``(B) the agreement by the United Nations to protect United States-provided intelligence information in a manner certified by the DCI as comparable to protections maintained by the United States Government of such information; ``(C) the agreement by the United Nations to immediately notify the United States Government of any unauthorized disclosure of United States-provided intelligence, and to permit the full participation of United States law enforcement personnel in the investigation of such disclosure; ``(D) prohibitions on access to United States-provided intelligence information by nationals of countries not otherwise eligible for the receipt of such information; ``(E) prohibitions on access to United States-provided intelligence information by the government of any country designated by the Secretary of State as a state supporter of terrorism; ``(F) prohibitions on access to United States-provided intelligence information by any government not eligible for the direct provision of such information by the United States through existing bilateral intelligence-sharing agreements; and ``(G) other measures which shall protect intelligence sources and methods from unauthorized disclosure in accordance with section 103(c)(5) of the National Security Act of 1947 (50 U.S.C. 403-3(c)(5)). ``(2) Paragraph (1) may be waived upon written certification by the President to the appropriate committees of Congress that providing such information to the United Nations or an organization affiliated with the United Nations, or to any officials or employees thereof, is in the vital national security interests of the United States and that all possible measures protecting such information have been taken, except that such waiver must be made for each instance such information is provided, or for each such document provided. ``(b) Periodic and Special Reports.-- ``(1) The President shall periodically report, but not less frequently than quarterly, to the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate and the Committee on International Relations and the Permanent Select Committee on Intelligence of the House of Representatives on the types and volume of intelligence provided to the United Nations and the purposes for which it was provided during the period covered by the report. The President shall also report to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives within 15 days after it has become known to the United States Government regarding any unauthorized disclosure of intelligence provided by the United States to the United Nations. ``(2) The requirement for periodic reports under the first sentence of paragraph (1) shall not apply to the provision of intelligence that is provided only to, and for the use of, appropriately-cleared United States Government personnel serving with the United Nations. ``(c) Delegation of Duties.--The President may not delegate or assign the duties of the President under this section. ``(d) Relationship to Existing Law.--Nothing in this section shall be construed to-- ``(1) impair or otherwise affect the authority of the Director of Central Intelligence to protect intelligence sources and methods from unauthorized disclosure pursuant to section 103(c)(5) of the National Security Act of 1947(50 U.S.C. 403-3(c)(5)); or ``(2) supersede or otherwise affect the provisions of title V of the National Security Act of 1947 (50 U.S.C. 413 et seq.).''.

Amends the United Nations Participation Act of 1945 to prohibit the providing of U.S. intelligence information to the United Nations or any of its affiliated organizations, or to any U.N. officials or employees, unless the President certifies to appropriate congressional committees that the Director of Central Intelligence has implemented specified requirements agreed to and implemented by the United Nations for protecting such intelligence. Authorizes waiver of such requirements upon certification by the President to appropriate congressional committees that providing such information is in the vital national interests of the United States and that all possible measures protecting such information have been taken. Requires the President to report at least quarterly to specified congressional committees on the types and volume of intelligence provided to the United Nations, including the purposes for which it was provided, as well as any unauthorized intelligence disclosures that become known.

A bill to restrict intelligence sharing with the United Nations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``NASA Aeronautics Research and Technology Act of 1993''. SEC. 2. FINDINGS. The Congress finds that-- (1) the aerospace industry makes a major contribution to the economy of the United States, accounting for the largest positive trade balance of any United States industry (more than $28,000,000,000 in 1992), and providing over 1,000,000 high- value jobs; (2) the international market share of the United States aerospace industry has steadily eroded due to competition from foreign consortia that receive substantial direct subsidies from their governments; (3) the United States aerospace industry is further negatively impacted by reduced investment in national defense; (4) the continued competitiveness of the United States aerospace industry can be significantly aided by an enhanced Federal investment in technology base research and development in aeronautics; (5) maintaining state-of-the-art experimental facilities is a key element of Federal investment in aeronautics research and development; (6) the long-term contribution of advances in aeronautics to the economy and society will rely on a continued commitment to pioneering research and development such as the National Aero-Space Plane; and (7) the National Aero-Space Plane program should explore the possibility of collaboration with other nations for opportunities that would offer unique programmatic benefits without compromising the strategic advantage to the United States. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to enhance the continued competitiveness of the United States aerospace industry through Federal support of technology base research and development; (2) to enhance the contribution of aeronautics to the Nation's quality of life through research and development that will improve air safety, reduce noise, and reduce environmental damage; (3) to continue the needed modernization of the Nation's aeronautics research and development facilities; (4) to ensure the long-term contribution of aeronautics to the Nation by advancing the state-of-knowledge and the frontiers of technology; and (5) to promote the effective transfer of technologies from federally funded work at the National Aeronautics and Space Administration to United States manufacturers. SEC. 4. DEFINITION. For purposes of this Act, the term ``independent organization'' means an organization that does not receive significant funding or support from the National Aeronautics and Space Administration, other than under sections 5, 6, and 8. SEC. 5. INDEPENDENT PERFORMANCE REVIEW. (a) Plan.--The Administrator shall provide for the development of a plan establishing criteria, procedures, and milestones for the evaluation, by an independent organization, of advances made in fundamental aeronautics research and development and the progress made by the aeronautics programs of the National Aeronautics and Space Administration in achieving their goals. Such plan shall be developed by an independent organization in consultation with the Administrator. The plan shall also describe criteria and procedures for terminating National Aeronautics and Space Administration programs that are not making acceptable progress toward their goals. The Administrator shall submit a report describing such plan to the Congress within 6 months after the date of the enactment of this Act. (b) Annual Report.--Beginning in the first year after submission of the plan under subsection (a), at the time of the President's annual budget request to Congress, the Administrator shall submit to the Congress an annual report on the results of an evaluation, conducted by an independent organization, of the progress made by the National Aeronautics and Space Administration in advancing aeronautics and achieving the goals of aeronautics programs. Such evaluation shall be conducted using the criteria, procedures, and milestones established under the plan required by subsection (a). SEC. 6. TECHNOLOGY TRANSFER REVIEW. (a) Plan.--The Administrator shall provide for the development of a plan establishing criteria and procedures for the evaluation, by an independent organization, of the effectiveness of technology transfer from the National Aeronautics and Space Administration's aeronautics programs to industry and other public organizations. Such plan shall be developed by an independent organization in consultation with the Administrator. The plan shall include clear, quantitative measures of the success of such technology transfer activities. The Administrator shall submit a report describing such plan to the Congress within 6 months after the date of the enactment of this Act. (b) Annual Report.--Beginning in the first year after submission of the plan under subsection (a), at the time of the President's annual budget request to Congress, the Administrator shall submit to the Congress an annual report on the results of an evaluation, conducted by an independent organization, of the effectiveness of the National Aeronautics and Space Administration's technology transfer programs. Such evaluation shall be conducted using the criteria and procedures established under the plan required by subsection (a). SEC. 7. JOINT AERONAUTICAL RESEARCH AND DEVELOPMENT PROGRAM. (a) Establishment.--The Administrator and the heads of other appropriate Federal agencies shall jointly establish a program for the purpose of conducting research on aeronautical technologies that enhance United States competitiveness. Such program shall include-- (1) research on next-generation wind tunnel and advanced wind tunnel instrumentation technology; (2) research on advanced engine materials, engine concepts, and testing of propulsion systems or components of the high- speed civil transport research program; (3) advanced general aviation research; (4) advanced rotorcraft research; and (5) advanced hypersonic aeronautical research. (b) Contracts and Grants.--Contracts and grants entered into under the program established under subsection (a) shall be administered using procedures developed jointly by the Administrator and the heads of the other Federal agencies involved in the program. These procedures should include an integrated acquisition policy for contract and grant requirements and for technical data rights that are not an impediment to joint programs among the National Aeronautics and Space Administration, the other Federal agencies involved in the program, and industry. (c) Elements of Program.--The program established under subsection under subsection (a) shall include-- (1) selected programs that jointly enhance public and private aeronautical technology development; (2) an opportunity for private contractors to be involved in such technology research and development; and (3) the transfer of Government-developed technologies to the private sector to promote economic strength and competitiveness. SEC. 8. NATIONAL AERO-SPACE PLANE. (a) Findings.--The Congress finds that-- (1) hypersonic flight will be critical to the continued contribution of aeronautics to the economic and strategic interests of the United States in the early twenty-first century; (2) the data obtained through rocket-based hypersonic flight experiments will not, by themselves, reduce risk sufficiently to allow the development of a single-stage-to- orbit, air-breathing plane; and (3) a single-stage hypersonic research plane is critical to the successful exploration of the hypersonic flight regime and the timely realization of a single-stage-to-orbit, air- breathing plane. (b) Hypersonic Research Plane Assessment.--The Administrator shall conduct a study, through an independent organization, of strategies that would optimize the next phase of the National Aero-Space Plane program by integrating with the rocket-based hypersonic flight experiments the development, in the shortest possible time frame, of a single-stage hypersonic research plane capable of speeds in the Mach 10 to Mach 15 range or greater, with the objective of providing data that would accelerate the ultimate development of a single-stage-to-orbit, air breathing plane. The Administrator shall report the results of the study to Congress no later than 6 months after the date of the enactment of this Act. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) Research and Development.--There are authorized to be appropriated to the National Aeronautics and Space Administration for ``Research and Development'', for Aeronautics Research and Technology Programs-- (1) for Research Operations Support, $143,500,000 for fiscal year 1994, and $148,300,000 for fiscal year 1995; (2) for Research and Technology Base activities, $448,300,000 for fiscal year 1994, and $433,900,000 for fiscal year 1995; (3) for High-Speed Research, $187,200,000 for fiscal year 1994, and $236,300,000 for fiscal year 1995; (4) for Advanced Subsonic Technology, $101,300,000 for fiscal year 1994, and $128,500,000 for fiscal year 1995, of which $5,000,000 for fiscal year 1994 and $13,000,000 for fiscal year 1995 shall be for Short-Haul Aircraft, $30,200,000 for fiscal year 1994 and $30,500,000 for fiscal year 1995 shall be for Noise Reduction, and $11,500,000 for fiscal year 1994 and $13,000,000 for fiscal year 1995 shall be for Technology Integration for Reducing Environmental Pollution; (5) for Other Systems Technology Programs, $140,400,000 for fiscal year 1994, and $168,000,000 for fiscal year 1995; and (6) for the National Aero-Space Plane Program, $80,000,000 for fiscal year 1994, and $80,000,000 for fiscal year 1995. (b) Construction of Facilities.--There are authorized to be appropriated to the National Aeronautics and Space Administration, for fiscal year 1994, for ``Construction of Facilities'', including land acquisition, for-- (1) Phase I Facility Studies, Requirements Definition, Design, and Modification and Construction of National Aeronautics Facilities, Various Locations, $74,000,000; (2) Modifications for Composite Technology Center, Lewis Research Center, $27,000,000; (3) National Transonic Facility Productivity Enhancement, Langley Research Center, $60,000,000; (4) Performance Improvements in 11-Foot Wind Tunnel, Ames Research Center, $20,000,000; (5) Rehabilitation of Control Systems, National Full-Scale Aerodynamics Complex, Ames Research Center, $2,100,000; (6) Upgrade of Outdoor Aerodynamic Research Facility, Ames Research Center, $3,900,000; and (7) Modernization of the Unitary Plan Wind Tunnel Complex, Ames Research Center, $25,000,000.

NASA Aeronautics Research and Technology Act of 1993 - Directs the Administrator of the National Aeronautics and Space Administration (NASA) to provide for independent performance reviews of NASA programs of: (1) aeronautics research and development; and (2) private technology transfer. Provides for a joint NASA-Federal agency aeronautical research and development program to enhance U.S. competitiveness. Directs the Administrator to study strategies to optimize development of an hypersonic research plane and the ultimate development of a single-stage-to-orbit, air breathing plane. Authorizes appropriations for specified NASA programs.

NASA Aeronautics Research and Technology Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Capital Gains and Dividend Income Reform Act of 1998''. SEC. 2. 70-PERCENT CAPITAL GAINS DEDUCTION FOR TAXPAYERS OTHER THAN CORPORATIONS. (a) In General.--Section 1202 of the Internal Revenue Code of 1986 is amended to read as follows: ``SEC. 1202. CAPITAL GAINS DEDUCTION. ``(a) General Rule.--If for any taxable year a taxpayer other than a corporation has a net capital gain, 70 percent of such gain shall be a deduction from gross income. ``(b) Estates and Trusts.--In the case of an estate or trust, the deduction shall be computed by excluding the portion (if any) of the gains for the taxable year from sales or exchanges of capital assets which, under sections 652 and 662 (relating to inclusions of amounts in gross income of beneficiaries of trusts), is includible by the income beneficiaries as gain derived from the sale or exchange of capital assets. ``(c) Coordination With Treatment of Capital Gain Under Limitation on Investment Interest.--For purposes of this section, the net capital gain for any taxable year shall be reduced (but not below zero) by the amount which the taxpayer takes into account as investment income under section 163(d)(4)(B)(iii). ``(d) Transitional Rule.-- ``(1) In general.--In the case of a taxable year which includes January 1 of the year following the date of enactment of this section-- ``(A) the amount taken into account as the net capital gain under subsection (a) shall not exceed the net capital gain determined by only taking into account gains and losses properly taken into account for the portion of the taxable year on or after such January 1, and ``(B) the amount of the net capital gain taken into account in applying section 1(h) for such year shall be reduced by the amount taken into account under subparagraph (A) for such year. ``(2) Special rules for pass-thru entities.-- ``(A) In general.--In applying paragraph (1) with respect to any pass-thru entity, the determination of when gains and losses are properly taken into account shall be made at the entity level. ``(B) Pass-thru entity defined.--For purposes of subparagraph (A), the term `pass-thru entity' means-- ``(i) a regulated investment company, ``(ii) a real estate investment trust, ``(iii) an S corporation, ``(iv) a partnership, ``(v) an estate or trust, and ``(vi) a common trust fund.''. (b) Deduction Allowable in Computing Adjusted Gross Income.-- Section 62(a) of the Internal Revenue Code of 1986 (defining adjusted gross income) is amended by inserting after paragraph (17) the following new paragraph: ``(18) Long-term capital gains.--The deduction allowed by section 1202.''. (c) Conforming Amendments.-- (1) Section 1 of the Internal Revenue Code of 1986 is amended by striking subsection (h). (2) Section 170(e)(1) of such Code is amended by striking ``the amount of gain'' in the material following subparagraph (B)(ii) and inserting ``30 percent (100 percent in the case of a corporation) of the amount of gain''. (3) Section 172(d)(2)(B) of such Code is amended to read as follows: ``(B) the deduction under section 1202 shall not be allowed.''. (4) The last sentence of section 453A(c)(3) of such Code is amended by striking all that follows ``long-term capital gain,'' and inserting ``the maximum rate on net capital gain under section 1201 or the deduction under section 1202 (whichever is appropriate) shall be taken into account.''. (5) Section 642(c)(4) of such Code is amended to read as follows: ``(4) Adjustments.--To the extent that the amount otherwise allowable as a deduction under this subsection consists of gain from the sale or exchange of capital assets held for more than 1 year, proper adjustment shall be made for any deduction allowable to the estate or trust under section 1202 (relating to capital gains deduction). In the case of a trust, the deduction allowed by this subsection shall be subject to section 681 (relating to unrelated business income).''. (6) The last sentence of section 643(a)(3) of such Code is amended to read as follows: ``The deduction under section 1202 (relating to capital gains deduction) shall not be taken into account.''. (7) Section 643(a)(6)(C) of such Code is amended by inserting ``(i)'' before ``there shall'' and by inserting before the period ``, and (ii) the deduction under section 1202 (relating to capital gains deduction) shall not be taken into account''. (8)(A) Section 904(b)(2) of such Code is amended by striking subparagraph (A), by redesignating subparagraph (B) as subparagraph (A), and by inserting after subparagraph (A) (as so redesignated) the following: ``(B) Other taxpayers.--In the case of a taxpayer other than a corporation, taxable income from sources outside the United States shall include gain from the sale or exchange of capital assets only to the extent of foreign source capital gain net income.''. (B) Section 904(b)(2)(A) of such Code, as so redesignated, is amended-- (i) by striking all that precedes clause (i) and inserting the following: ``(A) Corporations.--In the case of a corporation-- '', and (ii) in clause (i), by striking ``in lieu of applying subparagraph (A),''. (C) Section 904(b)(3) of such Code is amended by striking subparagraphs (D) and (E) and inserting the following: ``(D) Rate differential portion.--The rate differential portion of foreign source net capital gain, net capital gain, or the excess of net capital gain from sources within the United States over net capital gain, as the case may be, is the same proportion of such amount as the excess of the highest rate of tax specified in section 11(b) over the alternative rate of tax under section 1201(a) bears to the highest rate of tax specified in section 11(b).''. (D) Section 593(b)(2)(D)(v) of such Code is amended-- (i) by striking ``if there is a capital gain rate differential (as defined in section 904(b)(3)(D)) for the taxable year,'', and (ii) by striking ``section 904(b)(3)(E)'' and inserting ``section 904(b)(3)(D)''. (9) Section 1044(d) of such Code is amended by striking the last sentence. (10)(A) Section 1211(b)(2) of such Code is amended to read as follows: ``(2) the sum of-- ``(A) the excess of the net short-term capital loss over the net long-term capital gain, and ``(B) one-half of the excess of the net long-term capital loss over the net short-term capital gain.''. (B) So much of section 1212(b)(2) of such Code as precedes subparagraph (B) thereof is amended to read as follows: ``(2) Special rules.-- ``(A) Adjustments.-- ``(i) For purposes of determining the excess referred to in paragraph (1)(A), there shall be treated as short-term capital gain in the taxable year an amount equal to the lesser of-- ``(I) the amount allowed for the taxable year under paragraph (1) or (2) of section 1211(b), or ``(II) the adjusted taxable income for such taxable year. ``(ii) For purposes of determining the excess referred to in paragraph (1)(B), there shall be treated as short-term capital gain in the taxable year an amount equal to the sum of-- ``(I) the amount allowed for the taxable year under paragraph (1) or (2) of section 1211(b) or the adjusted taxable income for such taxable year, whichever is the least, plus ``(II) the excess of the amount described in subclause (I) over the net short-term capital loss (determined) without regard to this subsection) for such year.''. (C) Section 1212(b) of such Code is amended by adding at the end of the following: ``(3) Transitional rule.--In the case of any amount which, under this subsection and section 1211(b) (as in effect for taxable year beginning before January 1, 1999), is treated as a capital loss in the first taxable year beginning after December 31, 1998, paragraph (2) and section 1211(b) (as so in effect) shall apply (and paragraph (2) and section 1211(b) as in effect for taxable years beginning after December 31, 1998, shall not apply) to the extent such amount exceeds the total of any capital gain net income (determined without regard to this subsection) for taxable years beginning after December 31, 1998.''. (11) Section 1402(i)(1) of such Code is amended by inserting``, and the deduction provided by section 1202 shall not apply'' before the period at the end thereof. (12) Section 1445(e) of such Code is amended-- (A) in paragraph (1), by striking ``35 percent (or, to the extent provided in regulations, 20 percent)'' and inserting ``22 percent (or, to the extent provided in regulation, 15.6 percent)'', and (B) in paragraph (2), by striking ``35 percent'' and inserting ``22 percent''. (13)(A) The second sentence of section 7518(g)(6)(A) of such Code is amended-- (i) by striking ``during a taxable year to which section 1(h) or 1201(a) applies'', and (ii) by striking ``20 percent (34 percent'' and inserting ``15.6 percent (22 percent''. (B) The second sentence of section 607(h)(6)(A) of the Merchant Marine Act, 1936 is amended-- (i) by striking ``during a taxable year to which section 1(h) or 1201(a) of such Code applies'', and (ii) by striking ``20 percent (34 percent'' and inserting ``15.6 percent (22 percent''. (14) The item relating to section 1202 in the table of sections for part I of subchapter P of chapter 1 of such Code is amended to read as follows: ``Sec. 1202. Capital gains deduction.''. (d) Effective Dates.-- (1) In general.--Except as otherwise provided in this subsection, the amendments, made by this section apply to taxable years ending after December 31 of the year which includes the date of enactment of this Act. (2) Repeal of section 1(h).--The amendment made by subsection (c)(1) applies to taxable years beginning on or after January 1 of the year following the date of enactment of this Act. (3) Contributions.--The amendment made by subsection (c)(2) applies to contributions on or after January 1 of the year following the date of enactment of this Act. (4) Use of long-term losses.--The amendments made by subsection (c)(10) apply to taxable years beginning on or after January 1 of the second year following the date of enactment of this Act. (5) Withholding.--The amendments made by subsection (c)(12) apply only to amounts paid on or after January 1 of the year following the date of enactment of this Act. SEC. 3. REDUCTION OF ALTERNATIVE CAPITAL GAIN TAX FOR CORPORATIONS. (a) In General.--Section 1201(a)(2) of the Internal Revenue Code of 1986 (relating to alternative tax for corporations) is amended by striking ``35 percent'' and inserting ``22 percent''. (b) Transitional Rule.--Section 1201(b) of the Internal Revenue Code of 1986 is amended to read as follows: ``(b) Transitional Rule.-- ``(1) In general.--In applying this section, net capital gain for any taxable year shall not exceed the net capital gain determined by taking into account only gains and losses properly taken into account for the portion of the taxable year on or after January 1 of the year following the date of enactment of this subsection. ``(2) Special rule for pass-thru entities.--Section 1202(d)(2) shall apply for purposes of paragraph (1).''. (c) Conforming Amendment.--Section 852(b)(3)(D)(iii) of the Internal Revenue Code of 1986 is amended by striking ``65 percent'' and inserting ``78 percent''. (d) Effective Date.--The amendments made by this section apply to taxable years ending after December 31 of the year which includes the date of enactment of this Act. SEC. 4. 70-PERCENT EXCLUSION OF DIVIDEND INCOME FROM TAX. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to amounts specifically excluded from gross income) is amended by inserting after section 115 the following new section: ``SEC. 116. 70-PERCENT EXCLUSION OF DIVIDENDS RECEIVED BY INDIVIDUALS. ``(a) Exclusion From Gross Income.--Gross income does not include 70 percent of the amounts received during the taxable year by an individual as dividends from domestic corporations. ``(b) Certain Dividends Excluded.--Subsection (a) shall not apply to any dividend from a corporation which, for the taxable year of the corporation in which the distribution is made, or for the next preceding taxable year of the corporation, is a corporation exempt from tax under section 501 (relating to certain charitable, etc., organization) or section 521 (relating to farmers' cooperative associations). ``(c) Special Rules.--For purposes of this section-- ``(1) Exclusion not to apply to capital gain dividends from regulated investment companies and real estate investment trusts.-- ``For treatment of capital gain dividends, see sections 854(a) and 857(c). ``(2) Certain nonresident aliens ineligible for exclusion.--In the case of a nonresident alien individual, subsection (a) shall apply only-- ``(A) in determining the tax imposed for the taxable year pursuant to section 871(b)(1) and only in respect of dividends which are effectively connected with the conduct of a trade or business within the United States, or ``(B) in determining the tax imposed for the taxable year pursuant to section 877(b). ``(3) Dividends from employee stock ownership plans.-- Subsection (a) shall not apply to any dividend described in section 404(k).'' (b) Conforming Amendments.-- (1)(A) Subparagraph (A) of section 135(c)(4) of the Internal Revenue Code of 1986 is amended by inserting ``116,'' before ``137''. (B) Subsection (d) of section 135 of such Code is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph: ``(4) Coordination with section 116.--This section shall be applied before section 116.'' (2) Subsection (c) of section 584 of such Code is amended by adding at the end thereof the following new flush sentence: ``The proportionate share of each participant in the amount of dividends received by the common trust fund and to which section 116 applies shall be considered for purposes of such section as having been received by such participant.'' (3) Subsection (a) of section 643 of such Code is amended by redesignating paragraph (7) as paragraph (8) and by inserting after paragraph (6) the following new paragraph: ``(7) Dividends.--There shall be included the amount of any dividends excluded from gross income pursuant to section 116.'' (4) Section 854(a) of such Code is amended by inserting ``section 116 (relating to partial exclusion of dividends received by individuals) and'' after ``For purposes of''. (5) Section 857(c) of such Code is amended to read as follows: ``(c) Restrictions Applicable to Dividends Received From Real Estate Investment Trusts.-- ``(1) Treatment for section 116.--For purposes of section 116 (relating to partial exclusion of dividends received by individuals), a capital gain dividend (as defined in subsection (b)(3)(C)) received from a real estate investment trust which meets the requirements of this part shall not be considered as a dividend. ``(2) Treatment for section 243.--For purposes of section 243 (relating to deductions for dividends received by corporations), a dividend received from a real estate investment trust which meets the requirements of this part shall not be considered as a dividend.'' (6) The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 115 the following new item: ``Sec. 116. 70-percent exclusion of dividends received by individuals.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after December 31 of the year which includes the date of enactment of this Act.

Capital Gains and Dividend Income Reform Act of 1998 - Amends the Internal Revenue Code to revise rules concerning capital gain for taxpayers other than corporations to establish a new general rule which provides that if for any taxable year a taxpayer other than a corporation has a capital gain, 70 percent of such gain shall be a deduction from gross income. Reduces the alternative capital gain tax for corporations. Excludes from individual gross income 70 percent of dividends received from a domestic corporation.

Capital Gains and Dividend Income Reform Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Renewable and Distributed Energy Net Metering Act''. SEC. 2. FINDINGS. The Congress finds that it is in the public interest to: (1) Enable small businesses, residences, schools, churches, farms, and other retail electric customers who generate electric energy to reduce their electric bills. (2) Encourage private investment in renewable and unconventional energy resources. (3) Enhance the diversity of the Nation's electric supply by increasing reliance on a wide range of renewable and other environmentally sound distributed generation technologies. (4) Reduce price volatility and enhance reliability by reducing peak load on centrally generated power supplies. (5) Protect the environment by promoting clean energy sources. SEC. 3. NET METERING. Part II of the Federal Power Act is amended by adding the following new section at the end thereof: ``SEC. 215. STATE NET METERING PROGRAMS. ``(a) Definitions.--As used in this section-- ``(1) The term `customer generator' means the owner or operator of an electric generation unit qualified for net metering under this section. ``(2) The term `net metering' means measuring the difference between the electricity supplied to a customer- generator and the electricity generated by a customer-generator that is delivered to a local distribution system at the same point of interconnection during an applicable billing period and providing a credit to the customer-generator for the net amount, if any, by which the electricity generated by the customer-generator exceeds the electricity supplied to the customer generator during that billing period. ``(3) The terms `electric generation unit qualified for net metering' and `qualified generation unit' mean an electric energy generation unit that meets the requirements of subsection (b)(1) of this section. ``(4) The term `retail electric supplier' means any person that sells electric energy to the ultimate consumer thereof. ``(5) The term `local distribution system' means any system for the distribution of electric energy to the ultimate consumer thereof, whether or not the owner or operator of such system is also a retail electric supplier. ``(b) Net Metering Requirement.--Each State, electric utility not regulated by a State, and Federal power marketing agency shall consider establishing a net metering program, or modifying an existing program, to meet the minimum Federal standards set forth in subsection (c) of this section. If the Commission determines that a State, electric utility not regulated by a State, or Federal power marketing agency has not established a net metering program that meets such minimum standards within 2 years after the enactment of this Act, the Commission shall establish a program (in such State or in the service territory of such electric utility or Federal power marketing agency) consistent with such standards. ``(c) Minimum Federal Standards for State and Other Net Metering Programs.-- ``(1) Qualified generation unit.--A generation unit that meets the following requirements qualifies for net metering under this section: ``(A) The unit is a fuel cell or uses as its energy source either solar, wind, or biomass. ``(B) The unit has a generating capacity of up to 200 kilowatts. ``(C) The unit is located on premises that are owned, operated, leased, or otherwise controlled by the customer-generator. ``(D) The unit operates in parallel with the retail electric supplier. ``(E) The unit is used primarily to offset part or all of the customer-generator's requirements for electric energy. ``(F) The unit is not intended to offset or provide credits for electric consumption at another location of the customer or for any other customer. ``(2) Metering and costs.--The retail electric supplier shall make available upon request net metering service to any customer-generator that the supplier serves if the retail customer-generator pays any incremental costs, including those incurred by suppliers and local distribution systems for equipment or services for safety or performance that are necessary to meet the standards referred to in this section. If a State, nonregulated utility, or Federal power marketing agency determines that the use of a real-time net meter or interval net meter will advance the purposes of this section for such units, a customer-generator in that State (or, in the case of a nonregulated utility or Federal power marketing agency, the relevant service territory) may be required to use the appropriate meter and pay the reasonable incremental costs for such meter and its installation. ``(3) Rates.--Rates and charges for retail electric service to customer-generators, including the amount of a net metering credit, shall be established by the appropriate State regulatory authority and nonpublic utilities. To the extent that a State regulatory authority, nonregulated utility, or Federal power marketing agency does not establish such rates and charges, such rates and charges shall be established by the Commission. The rates and charges established pursuant to this section shall be just and reasonable. ``(4) Safety and performance standards.--A qualified generation unit and net metering system used by a customer- generator shall meet all applicable safety and performance and reliability standards established by the national electrical code, the Institute of Electrical and Electronic Engineers, Underwriters Laboratories, or the American National Standards Institute, except that a State may adopt additional or different standards provided that such standard is consistent with the purposes of this section and does not impose an unjust or unreasonable burden on a customer-generator that seeks to participate in the State's net metering program. ``(5) State authority to establish additional requirements.--Consistent with the limits of its jurisdiction under this part, nothing in this section shall preclude a State from establishing or imposing-- ``(A) requirements or incentives to encourage qualified generation and net metering that are in addition to or in excess of the minimum standards established in this section (including but not limited to additional eligible fuels, higher capacity limits, and credit amounts that vary by fuel or capacity); ``(B) limits on the State-wide aggregate amount of generating capacity of customer-generators with qualified generation facilities and net metering systems, provided that such limits are not unduly discriminatory and are consistent with the purposes of this section; or ``(C) administrative and enforcement procedures and requirements such State deems necessary or appropriate to implement a net metering program under this section, if such procedures and requirements are consistent with the purposes of this section and does not impose an unjust or unreasonable burden on a customer-generator that seeks to participate in the State's net metering program. ``(6) Not a wholesale sale.--A net metering credit under a net metering program established under this section shall not be considered a sale for resale for the purposes of Federal or State law.''.

Renewable and Distributed Energy Net Metering Act - Mandates that each State, electric utility not regulated by a State, and Federal power marketing agency consider establishing a net metering program, or modifying an existing program, to meet certain minimum Federal standards. Instructs the Federal Energy Regulatory Commission to establish such standards for each such entity that has not established a net metering program conforming to such standards within two years after enactment of this Act.Sets forth minimum Federal standards for State and other net metering programs including: (1) metering and costs; (2) rates; and (3) safety and performance criteria.Authorizes States to establish additional requirements.Provides that a net metering credit under the net metering program shall not be considered a wholesale transaction for purposes of Federal or State law.

To amend the Federal Power Act to promote energy security, environmental protection, electricity price stability, and electric reliability by providing for the use of net metering by certain small electric energy generation systems, and for other purposes.