FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Entrepreneurial Equity Capital Formation Act''. TITLE I--TAX-FREE CONVERSIONS OF SPECIALIZED SMALL BUSINESS INVESTMENT COMPANIES INTO PASS-THRU ENTITIES SEC. 101. MODIFICATIONS TO PROVISIONS RELATING TO REGULATED INVESTMENT COMPANIES. (a) In General.--Section 851 of the Internal Revenue Code of 1986 (relating to definition of regulated investment company) is amended by adding at the end the following new subsection: ``(i) Special Rules for Specialized Small Business Investment Companies.-- ``(1) In general.--For purposes of determining whether a specialized small business investment company is a regulated investment company for purposes of this subchapter-- ``(A) income derived in connection with activities as a specialized small business investment company (including compensation for services rendered in connection with investments made as part of such activities) shall be treated as qualifying income under subsection (b)(2), ``(B) subsection (b)(3) shall not apply, and ``(C) the requirements of subsection (b)(4) shall be treated as met if, at the close of each quarter of the taxable year, at least 50 percent of the value of its total assets is represented by-- ``(i) assets described in subsection (b)(4)(A)(i), and ``(ii) other investments permitted under the Small Business Investment Act of 1958. ``(2) Waiver of distribution requirement; certain earnings and profits disregarded.--In the case of a specialized small business investment company-- ``(A) section 852(a)(1) and section 4982(a) shall not apply, and ``(B) earning and profits accumulated while the company is a specialized small business investment company shall be disregarded for purposes of section 852(a)(2). ``(3) Specialized small business investment company.--For purposes of this subsection, the term `specialized small business investment company' means any corporation which-- ``(A) as of September 30, 1996, held a license to operate under section 301(d) of the Small Business Investment Act of 1958, or ``(B) holds a license from the Small Business Administration, issued after such date, to operate as a specialized small business investment company.'' (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 1996. SEC. 102. TAX-FREE REORGANIZATION OF SPECIALIZED SMALL BUSINESS INVESTMENT COMPANY AS A PARTNERSHIP. (a) In General.--If, during the 180-day period beginning on the date of the enactment of this Act, a corporation which is a specialized small business investment company transfers substantially all of its assets to a partnership (including its license to operate as a specialized small business investment company) solely in exchange for partnership interests in such partnership, no gain or loss shall be recognized to the corporation on such a transfer if-- (1) immediately after such exchange, such corporation holds partnership interests in such partnership having a value equal to at least 80 percent of the total value of all partnership interests in such partnership, and (2) before the close of such period, such corporation transfers all partnership interests held by the corporation in such partnership, and all remaining assets of the corporation, to its shareholders in the complete liquidation of such corporation. If, prior to the date of enactment of this Act or at any time before the close of the 120-day period beginning on such date, a corporation files an application with the Small Business Administration for approval of a transfer described in the preceding sentence, the 180-day period referred to in the preceding sentence shall not expire before the date which is 180 days after the date such Administration grants preliminary approval of such transfer. (b) Nonrecognition of Gain or Loss to Corporation on Distribution of Partnership Interests.--In the case of any distribution of a partnership interest acquired by the liquidating corporation in an exchange to which subsection (a) applies-- (1) no gain or loss shall be recognized to the liquidating corporation by reason of such distribution, and (2) such distribution shall not be treated as a sale or exchange for purposes of section 708(b)(1)(B) of the Internal Revenue Code of 1986. (c) Gain Recognized by Shareholders on Receipt of Property Other Than Partnership Interests.-- (1) In general.--No gain or loss shall be recognized to a shareholder of a corporation on the transfer of such shareholder's stock in such corporation to such corporation solely in exchange for a partnership interest in the partnership referred to in subsection (a)(1). (2) Receipt of property.--If paragraph (1) would apply to an exchange but for the fact that there is received, in addition to the partnership interests permitted to be received under paragraph (1), other property or money, then-- (A) gain (if any) to such recipient shall be recognized, but not in excess of-- (i) the amount of money received, plus (ii) the fair market value of such other property received, and (B) no loss to such recipient shall be recognized. (d) Basis.--The basis of property received in any exchange to which this section applies shall be determined in accordance with rules similar to the rules of section 358 of the Internal Revenue Code of 1986. (e) Imposition of Tax in Certain Cases.--If, at any time during the 3-year period beginning on the date of the transfer referred to in subsection (a) to a partnership, such partnership ceases its investment activities or ceases to have at least 75 percent of the value of its assets (at cost) represented by investments permitted for specialized small business investment companies under the Small Business Investment Act of 1958, there is hereby imposed a tax on the income of such partnership equal to the aggregate amount of tax which would have been imposed under chapter 1 of the Internal Revenue Code of 1986 but for subsections (a) and (b). Any tax imposed by this subsection shall be treated for purposes of such Code as a tax imposed by chapter 1. (f) Specialized Small Business Investment Company.--For purposes of this section, the term ``specialized small business investment company'' has the meaning given such term by section 1202(k) of the Internal Revenue Code of 1986 (as added by this Act). TITLE II--ADDITIONAL INCENTIVES RELATED TO INVESTING IN SPECIALIZED SMALL BUSINESS INVESTMENT COMPANIES SEC. 201. EXPANSION OF NONRECOGNITION TREATMENT FOR SECURITIES GAIN ROLLED OVER INTO SPECIALIZED SMALL BUSINESS INVESTMENT COMPANIES. (a) Extension of Rollover Period.--Paragraph (1) of section 1044(a) of the Internal Revenue Code of 1986 (relating to nonrecognition of gain) is amended by striking ``60-day period'' and inserting ``180-day period''. (b) Increase of Maximum Exclusion.-- (1) In general.--Paragraphs (1) and (2) of section 1044(b) of such Code (relating to limitations) are amended to read as follows: ``(1) Limitation on individuals.--In the case of an individual, the amount of gain which may be excluded under subsection (a) for any taxable year shall not exceed-- ``(A) $750,000, reduced by ``(B) the amount of gain excluded under subsection (a) for all preceding taxable years. ``(2) Limitation on C corporations.--In the case of a C corporation, the amount of gain which may be excluded under subsection (a) for any taxable year shall not exceed-- ``(A) $2,000,000, reduced by ``(B) the amount of gain excluded under subsection (a) for all preceding taxable years.'' (2) Conforming amendment.--Subparagraph (A) of section 1044(b)(3) of such Code (relating to special rules for married individuals) is amended to read as follows: ``(A) Separate returns.--In the case of a separate return by a married individual, paragraph (1) shall be applied by substituting `$375,000' for `$750,000'.'' (c) Extension to Preferred Stock.--Paragraph (1) of section 1044(a) of such Code is amended by striking ``common''. (d) Definition of Specialized Small Business Investment Company.-- Paragraph (3) of section 1044(c) of such Code (relating to definitions and special rules) is amended to read as follows: ``(3) Specialized small business investment company.--The term `specialized small business investment company' means any partnership or corporation which-- ``(A) as of September 30, 1996, is licensed by the Small Business Administration under section 301(d) of the Small Business Investment Act of 1958, or ``(B) holds a license from the Small Business Administration, issued after such date, to operate as a specialized small business investment company.'' (e) Effective Date.--The amendments made by this section shall apply to sales occurring after the date of the enactment of this Act. SEC. 202. MODIFICATIONS TO EXCLUSION FOR GAIN FROM QUALIFIED SMALL BUSINESS STOCK. (a) In General.--Section 1202 of the Internal Revenue Code of 1986 (relating to 50-percent exclusion for gain from certain small business stock) is amended by redesignating subsection (k) as subsection (l) and by inserting after subsection (j) the following new subsection: ``(k) Special Rules for Specialized Small Business Investment Companies.-- ``(1) Increase in exclusion; corporate investors eligible.--In the case of-- ``(A) the sale or exchange of stock in a specialized small business investment company, and ``(B) any amount treated under subsection (g) or paragraph (2) of this subsection as gain described in subsection (a) by reason of the holding, sale, or exchange of an interest in a specialized small business investment company, subsection (a) shall be applied by substituting `60 percent' for `50 percent' and, in the case of interests acquired after the date of the enactment of this subsection, without being limited to taxpayers other than corporations. ``(2) Exclusion allowable for certain gain on sale or exchange of interests in certain specialized small business investment companies.-- ``(A) In general.--If any interest in a specialized small business investment company which is a pass-thru entity (as defined in subsection (g)(4)) is sold or exchanged, gain on such sale or exchange shall be treated as gain described in subsection (a) to the extent attributable to unrealized small business stock gain. ``(B) Unrealized small business stock gain.--For purposes of subparagraph (A), the term `unrealized small business stock gain' means the amount which would be eligible gain if the qualified small business stock held by such company had been sold at the time of the sale of the interest referred to in subparagraph (A). ``(C) Certain rules to apply.--Rules similar to the rules of paragraphs (2)(B) and (3) of subsection (g) shall apply for purposes of this subsection. ``(3) Application of active business requirement to stock held by specialized small business investment companies.--For purposes of determining whether stock held by a specialized small business investment company is qualified small business stock, subsection (e) shall be applied by treating as a qualified trade or business any trade or business in which such company is permitted to invest under the Small Business Investment Act of 1958. ``(4) Specialized small business investment company.--For purposes of this subsection, the term `specialized small business investment company' means any partnership or corporation which-- ``(A) as of September 30, 1996, is licensed by the Small Business Administration under section 301(d) of the Small Business Investment Act of 1958, or ``(B) holds a license from the Small Business Administration, issued after such date, to operate as a specialized small business investment company.'' (b) Definition of Specialized Small Business Investment Company for Purposes of Waiver of Active Business Requirement.--Subparagraph (B) of section 1202(c)(2) of such Code is amended to read as follows: ``(B) Special rule for specialized small business investment companies.--Notwithstanding any provision of subsection (e), a corporation shall be treated as meeting the active business requirements of such subsection for any period during which such corporation qualifies as a specialized small business investment company (as defined in subsection (k)(4)).'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1996.

TABLE OF CONTENTS: Title I: Tax-Free Conversions of Specialized Small Business Investment Companies Into Pass-Thru Entities Title II: Additional Incentives Related to Investing in Specialized Small Business Investment Companies Entrepreneurial Equity Capital Formation Act - Title I: Tax-Free Conversions of Specialized Small Business Investment Companies Into Pass-Thru Entities - Amends the Internal Revenue Code to set forth special rules for determining whether a specialized small business investment company is a regulated investment company, to define such a company, to waive the distribution requirement for such a company, and to disregard certain earnings and profits of such a company. Permits the tax-free reorganization of a specialized small investment company as a partnership if the reorganization is carried out within a specified time period following enactment and other specified conditions are met. Title II: Additional Incentives Related to Investing in Specialized Small Business Investment Companies - Sets forth additional tax incentives for investing in specialized small business investment companies.

Entrepreneurial Equity Capital Formation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Domestic Violence Identification and Referral Act of 1995''. SEC. 2. ESTABLISHMENT, FOR CERTAIN HEALTH PROFESSIONS PROGRAMS, OF PROVISIONS REGARDING DOMESTIC VIOLENCE. (a) Title VII Programs; Preferences in Financial Awards.--Section 791 of the Public Health Service Act (42 U.S.C. 295j) is amended by adding at the end the following subsection: ``(c) Preferences Regarding Training in Identification and Referral of Victims of Domestic Violence.-- ``(1) In general.--In the case of a health professions entity specified in paragraph (2), the Secretary shall, in making awards of grants or contracts under this title, give preference to any such entity (if otherwise a qualified applicant for the award involved) that has in effect the requirement that, as a condition of receiving a degree or certificate (as applicable) from the entity, each student have had significant training in carrying out the following functions as a provider of health care: ``(A) Identifying victims of domestic violence, and maintaining complete medical records that include documentation of the examination, treatment given, and referrals made, and recording the location and nature of the victim's injuries. ``(B) Examining and treating such victims, within the scope of the health professional's discipline, training, and practice, including, at a minimum, providing medical advice regarding the dynamics and nature of domestic violence. ``(C) Referring the victims to public and nonprofit private entities that provide services for such victims. ``(2) Relevant health professions entities.--For purposes of paragraph (1), a health professions entity specified in this paragraph is any entity that is a school of medicine, a school of osteopathic medicine, a graduate program in mental health practice, a school of nursing (as defined in section 853), a program for the training of physician assistants, or a program for the training of allied health professionals. ``(3) Report to congress.--Not later than 2 years after the date of the enactment of the Domestic Violence Identification and Referral Act of 1995, the Secretary shall submit to the Committee on Commerce of the House of Representatives, and the Committee on Labor and Human Resources of the Senate, a report specifying the health professions entities that are receiving preference under paragraph (1); the number of hours of training required by the entities for purposes of such paragraph; the extent of clinical experience so required; and the types of courses through which the training is being provided. ``(4) Definitions.--For purposes of this subsection, the term `domestic violence' includes behavior commonly referred to as domestic violence, sexual assault, spousal abuse, woman battering, partner abuse, child abuse, elder abuse, and acquaintance rape.''. (b) Title VIII Programs; Preferences in Financial Awards.--Section 860 of the Public Health Service Act (42 U.S.C. 298b-7) is amended by adding at the end the following subsection: ``(f) Preferences Regarding Training in Identification and Referral of Victims of Domestic Violence.-- ``(1) In general.--In the case of a health professions entity specified in paragraph (2), the Secretary shall, in making awards of grants or contracts under this title, give preference to any such entity (if otherwise a qualified applicant for the award involved) that has in effect the requirement that, as a condition of receiving a degree or certificate (as applicable) from the entity, each student have had significant training in carrying out the following functions as a provider of health care: ``(A) Identifying victims of domestic violence, and maintaining complete medical records that include documentation of the examination, treatment given, and referrals made, and recording the location and nature of the victim's injuries. ``(B) Examining and treating such victims, within the scope of the health professional's discipline, training, and practice, including, at a minimum, providing medical advice regarding the dynamics and nature of domestic violence. ``(C) Referring the victims to public and nonprofit private entities that provide services for such victims. ``(2) Relevant health professions entities.--For purposes of paragraph (1), a health professions entity specified in this paragraph is any entity that is a school of nursing or other public or nonprofit private entity that is eligible to receive an award described in such paragraph. ``(3) Report to congress.--Not later than 2 years after the date of the enactment of the Domestic Violence Identification and Referral Act of 1995, the Secretary shall submit to the Committee on Commerce of the House of Representatives, and the Committee on Labor and Human Resources of the Senate, a report specifying the health professions entities that are receiving preference under paragraph (1); the number of hours of training required by the entities for purposes of such paragraph; the extent of clinical experience so required; and the types of courses through which the training is being provided. ``(4) Definitions.--For purposes of this subsection, the term `domestic violence' includes behavior commonly referred to as domestic violence, sexual assault, spousal abuse, woman battering, partner abuse, child abuse, elder abuse, and acquaintance rape.''.

Domestic Violence Identification and Referral Act of 1995 - Amends the Public Health Service Act to give preference, in making grants or contracts under provisions relating to health professions education and provisions relating to nurse education, to certain health professions entities that train students in the identification, examination, treatment, and referral of victims of domestic violence.

Domestic Violence Identification and Referral Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cyber Security Enhancement Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The ability of the Federal Government to obtain information on threats and risks to the critical infrastructure of the United States, whether operated by the public sector or private sector and whether domestic or foreign, is vital to the maintenance of United States security and the economic well- being of the United States. (2) Persons in the private sector and non-Federal governmental agencies have expressed a willingness to voluntarily provide sensitive information on critical infrastructure threats and vulnerabilities to the Federal Government contingent on the ability of the Federal Government to protect such information from unrestricted disclosure. (3) The Federal Government needs critical infrastructure information from persons in the private sector and non-Federal governmental agencies in order to protect critical infrastructure from intentional acts of significant harm. (4) The public interest is best served by preserving the confidentiality of critical infrastructure information that is submitted to the Federal Government to the extent necessary to encourage the submittal of such information to the Federal Government. (5) Current Federal law does not provide persons in the private sector and non-Federal governmental agencies with clear assurance that information submitted to the Federal Government on threats and risks to critical infrastructure will be protected from disclosure under section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act). (6) There are currently more than 100 exemptions from disclosure of information under the Freedom of Information Act that have been approved by law for other purposes. (7) President Clinton has acknowledged the national security issues that result from the cyber vulnerabilities of the United States in stating that ``[w]e must be ready . . . ready if our adversaries try to use computers to disable our power grids, banking, communications and transportation networks, police, fire and health services, or military assets''. (8) Information sharing among private sector organizations is critical to help identify vulnerabilities and threats to information networks. Many companies are wary of participating in cyber security information sharing activities with one another due to concerns about antitrust penalties. (9) Currently, the maximum penalties for Federal computer crimes are inadequate to punish and deter the most serious computer crimes. (10) In order to catch cyber criminals, a cyber attack must be swiftly traced to its source. (11) A lack of standardization among law enforcement agencies has hindered effective information gathering from industry during investigation of cyber crimes. (12) Many cyber attacks are complicated by the criminal's use of a false Internet protocol (IP) address, thus masking the origin of the attack. There is no legitimate use for a false IP address. SEC. 3. LIMITATION ON DISCLOSURE OF CERTAIN SENSITIVE INFORMATION UNDER THE FREEDOM OF INFORMATION ACT. (a) Limitation.--Critical infrastructure information, records relating to critical infrastructure information, and information on critical infrastructure protection derived from such information or records that is submitted voluntarily by a non-Federal source to a critical infrastructure protection office or program shall not be made available under section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act), if the person submitting such information or records expressly requests that such information or records, or information derived therefrom, not be made available under that section. (b) Designation of Office or Program.-- (1) Designation.--The President or the head of a Federal agency may designate an element in the agency as a critical infrastructure office or program for purposes of subsection (a). The head of an agency may not delegate the authority in the preceding sentence. (2) Publication of notice.--The head of the Federal agency concerned shall publish in the Federal Register a notice of intent to designate an element in the Federal agency as a critical infrastructure office or program not later than 30 days before the effective date of such designation. (c) Request for Protection.-- (1) In general.--A person seeking the protection of information or records under subsection (a) shall be treated as having made an express request for protection under that subsection if the person marks the information or records substantially as follows: ``____________ is submitted to a critical infrastructure protection office or program under the provisions of section 3(a) of the Cyber Security Enhancement Act.'' (the blank being filled in with information sufficient to identify the information or records concerned). (2) Limitation.--A request with respect to information or records under subsection (a) may be made only by the person submitting such information or records to the Federal Government. (d) Independently Obtained Information.--Nothing in this section shall be construed to limit or otherwise affect the ability of the Federal Government to obtain and use under applicable law critical infrastructure information obtained by or submitted to the Federal Government in a manner not covered by subsection (a). (e) Operation of State and Local Law.-- (1) Control of united states.--Information or records protected from disclosure under subsection (a) shall be treated as under the control of the Federal Government even if made available to a State or local government. (2) Inapplicability of state or local disclosure law.--No State or local law requiring public disclosure of information or records shall apply to information or records obtained by the Federal Government that are protected from disclosure under subsection (a). (f) Treatment of Voluntary Submittal of Information.--The voluntary submission of information or records that are protected from disclosure by this section shall not be construed to constitute compliance with any requirement to submit such information to a Federal agency under any other provision of law. (g) Withdrawal of Request for Protection.-- (1) Withdrawal.--A request that information or records be protected from disclosure under subsection (a) may be withdrawn at any time by the person making the request. (2) Effect.--The withdrawal of a request under paragraph (1) shall take effect upon receipt of the withdrawal by the Federal agency concerned. (h) Time Limitations on Protection.-- (1) In general.--Subject to paragraph (2), the protection of information or records under subsection (a) shall expire at the end of the five-year period beginning on the date of submittal of such information or records to the Federal Government. (2) Extension.--Upon the expiration of the protection of information or records under this section, including any extension of such protection under this subsection, such protection may be extended by an additional period of 5 years. (3) Procedure after expiration.--After expiration under this subsection of the period of protection of information or records under this section, the Federal agency concerned shall, upon receipt of a request for such information or records under section 552 of title 5, United States Code, determine whether the person who originally requested the protection of such information or records under this section seeks to continue the protection of such information or records under this section. If such person does not seek continuation of the protection of such information or records under this section, the protection of such information or records under this section shall cease. (i) Penalties for Unauthorized Disclosure.-- (1) Investigation.--If a court finds that a Federal agency has violated this section, and finds that the circumstances of the violation raise questions whether or not an officer or employee of the agency acted willfully or intentionally with respect to the violation, the agency shall promptly investigate whether or not disciplinary action is warranted against the officer or employee. (2) Authority to act.--Appropriate disciplinary action may be imposed as a result of an investigation under paragraph (1). (j) Scope of Protection.--This section may not be construed to preclude a Federal agency from establishing procedures for sharing critical infrastructure protection information within and outside the Federal Government for purposes related to protecting critical infrastructure. SEC. 4. ANTITRUST MATTERS. (a) Antitrust Exemption.--Except as provided in subsection (b), the antitrust laws shall not apply to conduct engaged in, including making and implementing an agreement, solely for the purpose of and limited to-- (1) facilitating responses intended to correct or avoid a cyber security related problem; or (2) communicating or disclosing information to help correct or avoid the effects of a cyber security related problem. (b) Exception.--Subsection (a) shall not apply with respect to conduct that involves or results in an agreement to boycott any person, to allocate a market, or to fix prices or output. (c) Rule of Construction.--The exemption granted by subsection (a) shall be construed narrowly. SEC. 5. FRAUD AND RELATED ACTIVITY IN CONNECTION WITH COMPUTERS. (a) Enhanced Penalties.--Subsection (c) of that section is amended-- (1) in paragraph (2)(B), by striking ``5 years'' and inserting ``10 years''; (2) in paragraph (2)(C), by striking ``ten years'' and inserting ``20 years''; (3) in paragraph (3)(A), by striking ``five years'' and inserting ``10 years''; and (4) in paragraph (3)(B), by striking ``ten years'' and inserting ``20 years''. SEC. 6. ADMINISTRATIVE SUBPOENAS IN CASES INVOLVING CYBER CRIME. (a) In General.--Chapter 223 of title 18, United States Code, is amended by inserting after section 3486A the following new section: ``Sec. 3486B. Administrative subpoenas in cases involving cyber crime ``(a) Authorization.-- ``(1) In general.--In any investigation relating to any act or activity involving a violation of section 871, 879, 1029, 1030, 1362, 2511, 2701, 2702, or 2703 of this title, the Attorney General, or the designee of the Attorney General, may issue in writing and cause to be served a subpoena-- ``(A) requiring a provider of electronic communication service or remote computing service to disclose the name, address, Internet protocol address (IP address), local and long distance telephone toll billing records, telephone number or other subscriber number or identity, and length of service of a subscriber to or customer of such service and the types of services the subscriber or customer utilized, which may be relevant to an authorized law enforcement inquiry; or ``(B) requiring a custodian of records to give testimony concerning the production and authentication of such records or information. ``(2) Limitation on disclosure.--Information disclosed under paragraph (1) may not include content of an electronic communication. ``(3) Attendance of witnesses.--Witnesses summoned under this section shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. ``(b) Procedures Applicable.--The same procedures for service and enforcement as are provided with respect to investigative demands under section 3486 of this title shall apply with respect to a subpoena issued under this section.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 223 of such title is amended by inserting after the item relating to section 3486A the following new item: ``3486B. Administrative subpoenas in cases involving cyber crime.''. SEC. 7. STANDARDIZED REQUESTS FOR ELECTRONIC INFORMATION AND RECORDS. (a) Plan To Encourage Standardized Requests.--Not later than six months after the date of the enactment of this Act, the Attorney General shall submit to the President and to the Committees on the Judiciary of the Senate and House of Representatives a plan to encourage the standardization of requests of Federal, State, and local law enforcement agencies to Internet service providers (ISPs) and other entities for electronic information and records used in the investigation of computer fraud and other computer-related crimes. (b) Consultation.--In preparing the plan, the Attorney General shall consult with the heads of other appropriate Federal agencies, appropriate representatives of State and local law enforcement agencies, and other interested persons. (c) Notice and Comment.--In preparing the plan, the Attorney General shall seek public notice and comment on the plan. SEC. 8. PREVENTION OF INTERNET PROTOCOL ADDRESS SPOOFING. (a) Plan To Encourage Prevention.--Not later than six months after the date of the enactment of this Act, the Attorney General and the Secretary of Commerce shall jointly submit to Congress and the President a plan to encourage Internet service providers to take appropriate actions to prevent or impede the use of false Internet protocol addresses as a means of access to Internet servers (commonly referred to as ``IP spoofing''), including the installation and use of Internet servers and routers, and so-called ``firewall'' software, which prevent, impede, or otherwise provide protection against the use of such addresses for that purpose. (b) Consultation.--In preparing the plan, the Attorney General and the Secretary of Commerce shall jointly consult with the heads of other appropriate Federal agencies, appropriate representatives of State and governments, and other interested persons. (c) Notice and Comment.--In preparing the plan, the Attorney General and the Secretary of Commerce shall seek public notice and comment on the plan. SEC. 9. DEFINITIONS. In this Act: (1) Agency.--The term ``agency'' has the meaning given that term in section 551 of title 5, United States Code. (2) Antitrust laws.--The term ``antitrust laws''-- (A) has the meaning given such term in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)), except that such term includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent such section 5 applies to unfair methods of competition: and (B) includes any State law similar to the laws referred to in subparagraph (A). (3) Critical infrastructure.--The term ``critical infrastructure'' means physical and cyber-based systems, facilities, or services so essential to the United States or the United States economy that the disruption, incapacity, or destruction of such systems, facilities, or services would have a debilitating impact on the defense, security, economic prosperity, or health or safety of the United States. (4) Critical infrastructure information.--The term ``critical infrastructure information'' means information concerning threats, vulnerabilities, risks, and mitigation of same pertinent to critical infrastructure. (5) Critical infrastructure protection office or program.-- The term ``critical infrastructure protection office or program'' means an element of a Federal agency that is designated by the President or the head of the agency as having functions relating to the protection of critical infrastructure from intentional acts or significant harm. (6) Cyber security.--The term ``cyber security'' means the vulnerability of any computing system, software program, or critical infrastructure to, or their ability to resist, intentional interference, compromise, or incapacitation through the misuse of, or by unauthorized means of, the Internet, public or private telecommunications systems, or other similar conduct that violates Federal, State, or international law, that harms interstate commerce of the United States, or that threatens public health or safety. (7) Voluntary.--The term ``voluntary'', in the case of submittal of information or records to the Federal Government, means that the information or records were submitted-- (A) without mandate or compulsion; and (B) not as a condition of doing business with the Federal Government.

Makes the antitrust laws inapplicable to conduct: (1) facilitating responses intended to correct or avoid a cyber security related problem; or (2) communicating or disclosing information to help correct or avoid the effects of such a problem. Amends the Federal criminal code to: (1) increase the maximum terms of imprisonment for fraud and related activities in connection with the use of computers; and (2) authorize the use of subpoenas in cases involving cyber crime. Requires a plan to encourage: (1) the standardization of Federal, State, and local law enforcement requests to Internet service providers and other entities for electronic information and records used to investigate computer crimes; and (2) such providers to prevent or impede the use of false Internet protocol addresses as a means of access to Internet servers.

Cyber Security Enhancement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``September 11th Heroes Memorial Park Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) On September 11, 2001, terrorists hijacked 4 civilian aircraft, crashing 2 of them into the towers of the World Trade Center in New York City, causing the destruction of the towers. (2) These were by far the deadliest terrorist attacks ever launched against the United States, claiming the lives of more than 3,000 innocent people, 2,797 of whom died in New York City. (3) The debris from the destruction of the World Trade Center towers was taken to a landfill on Staten Island, New York, for cleanup and investigation and to continue the recovery of victim remains and effects that could not be performed at the site of the towers' collapse in Manhattan. (4) Over the 10-month period following September 11, 2001, more than 1,000 people worked at the landfill around the clock every day, tirelessly and carefully sifting through all 1,620,000 tons of debris from the World Trade Center site searching for remains, personal effects, and evidence from what is now considered to be history's largest crime scene. (5) Approximately 20 percent of all the victim remains recovered following the towers' collapse, as well as more than 54,000 personal items, from wedding rings and photographs to driver licenses and keys were retrieved at the Staten Island site. (6) The remains of 306 of the 1,423 World Trade Center victims whose remains have been identified and returned to their families were recovered at the Staten Island site. (7) Victims' families were brought some sort of peace by being given back something personal of lost loved ones, whether through a positive identification of a victim's remains or the return of something so simple and yet so meaningful as a wedding ring, a watch, or a wallet. (8) On July 15, 2002, after 10 months, the cleanup and recovery operations at the landfill on Staten Island, New York, came to a somber conclusion. (9) The site commemorates those lost. The determination of appropriate recognition there will be a slowly unfolding process in order to address the interests and concerns of all interested parties. Appropriate national assistance and recognition must give ample opportunity for those involved to voice these broad concerns. (10) It is appropriate that the site be designated a unit of the National Park System. (b) Purposes.--The purposes of this Act are as follows: (1) To establish a national memorial to honor the final resting place of some of those lost at the World Trade Center on September 11, 2001. (2) To establish the memorial advisory commission to assist with consideration and formulation of plans for a permanent memorial to those lost at the World Trade Center, including its nature, design, and construction. (3) To authorize the Secretary of the Interior to coordinate and facilitate the activities of the Memorial Advisory Commission and administer a victim's memorial at the site of the Fresh Kills Landfill operation on Staten Island, New York. SEC. 3. MEMORIAL TO HONOR THE FINAL RESTING PLACE OF THOSE LOST AT THE WORLD TRADE CENTER ON SEPTEMBER 11, 2001. There is established a memorial at the Staten Island recovery site to honor the final resting place of those lost at the World Trade Center on September 11, 2001. SEC. 4. ADVISORY COMMISSION. (a) Establishment.--There is established a commission to be known as the ``September 11th Heroes Memorial Park Advisory Commission'' (hereafter in this Act referred to as the ``Commission''). (b) Membership.--The Commission shall consist of 15 members as follows: (1) The Director of the National Park Service, or the Director's designee. (2) 7 members appointed by the Secretary of the Interior. (3) 5 members appointed by the Member of Congress representing the 13th Congressional District of the State of New York. (4) 1 member appointed by the mayor of the City of New York, New York. (5) 1 member appointed by the governor of the State of New York. (c) Term.--The term of the members of the Commission shall be for the life of the Commission. (d) Chair.--The members of the Commission shall select the Chair of the Commission. (e) Vacancies.--Any vacancy in the Commission shall not affect its powers if a quorum is present, but shall be filled in the same manner as the original appointment. (f) Meetings.--The Commission shall meet at the call of the Chairperson or a majority of the members, but not less often than quarterly. Notice of the Commission meetings and agendas for the meetings shall be published in local newspapers and in the Federal Register. Meetings of the Commission shall be subject to section 552b of title 5, United States Code (relating to open meetings). (g) Quorum.--A majority of the members serving on the Commission shall constitute a quorum for the transaction of any business. (h) No Compensation.--Members of the Commission shall serve without compensation, but may be reimbursed for expenses incurred in carrying out the duties of the Commission. (i) Duties.--The Commission shall-- (1) not later than 3 years after the date of the enactment of this Act, submit to the Secretary of the Interior and Congress a report containing recommendations for the planning, design, construction, and long-term management of a permanent memorial at the memorial site; (2) advise the Secretary of the Interior on the boundaries of the memorial site; (3) advise the Secretary of the Interior in the development of a management plan for the memorial; (4) consult and coordinate closely with the city of New York, the State of New York, and other interested parties, including coordination with the City of New York's Master Planning for the Fresh Kills Landfill site; (5) ensure a plan for adequate Federal funding of long-term operation and maintenance of the memorial; (6) provide significant opportunities for public participation in the planning and design of the memorial; and (7) officially name the memorial. (j) Powers.--The Commission may-- (1) make such expenditures for services and materials for the purpose of carrying out this Act as the Commission considers advisable from funds appropriated or received as gifts for that purpose; (2) accept gifts to be used in carrying out this section or to be used in connection with the construction or other expenses of the memorial; (3) hold hearings, enter into contracts for personal services and otherwise; (4) do such other things as are necessary to carry out this Act; and (5) by a vote of the majority of the Commission, delegate such of its duties as it determines appropriate to employees of the National Park Service staff. (k) Termination.--The Commission shall terminate upon dedication of the completed memorial. SEC. 5. DUTIES OF THE SECRETARY. The Secretary of the Interior is authorized to-- (1) provide assistance to the Commission, including advice on collections, storage, and archives; (2) consult and assist the Commission in providing information, interpretation, and the conduct of oral history interviews; (3) provide assistance in conducting public meetings and forums held by the Commission; (4) participate in or support the planning efforts for the memorial; (5) provide programming and design assistance to the Commission for possible memorial exhibits, collections, or activities; (6) provide project management assistance to the Commission for design and construction activities; (7) provide staff assistance and support to the Commission; (8) participate in the formulation of plans for the design of the memorial and to construct the memorial; (9) acquire from willing sellers the land or interests in land for the memorial site by donation, purchase with donated or appropriated funds, or exchange; and (10) administer the September 11th heroes memorial as a unit of the National Park Service in accordance with this Act and with the laws generally applicable to units of the National Park System such as the Act of August 25, 1916 (39 Stat. 585).

September 11th Heroes Memorial Park Act - Establishes a national memorial at the Staten Island, New York, recovery site to honor the final resting place of those lost at the World Trade Center (WTC) on September 11, 2001. Creates the September 11th Heroes Memorial Park Advisory Commission to: (1) submit to the Secretary of the Interior and Congress a report with recommendations for the planning, design, construction, and management of a permanent memorial at the site; (2) advise the Secretary on memorial site boundaries; (3) advise the Secretary in the development of a management plan for the memorial; (4) consult and coordinate with specified entities; (5) address Federal funding for operation and maintenance of the memorial; (6) provide significant opportunities for public participation in the planning and design of the memorial; and (7) officially name the memorial. Authorizes the Secretary to: (1) assist the Commission with specified tasks and staffing; (2) participate in the planning, design, and construction of the memorial; (3) acquire land for the memorial site from willing sellers; and (4) administer the memorial as a unit of the National Park Service.

To authorize a national memorial to commemorate the final resting place of those lost at the World Trade Center on September 11, 2001, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Wall Street Trading and Speculators Tax Act''. SEC. 2. TRANSACTION TAX. (a) In General.--Chapter 36 of the Internal Revenue Code of 1986 is amended by inserting after subchapter B the following new subchapter: ``Subchapter C--Tax on Trading Transactions ``Sec. 4475. Tax on trading transactions. ``SEC. 4475. TAX ON TRADING TRANSACTIONS. ``(a) Imposition of Tax.--There is hereby imposed a tax on each covered transaction with respect to any security. ``(b) Rate of Tax.--The tax imposed under subsection (a) with respect to any covered transaction shall be 0.03 percent of the specified base amount with respect to such covered transaction. ``(c) Specified Base Amount.--For purposes of this section, the term `specified base amount' means-- ``(1) except as provided in paragraph (2), the fair market value of the security (determined as of the time of the covered transaction), and ``(2) in the case of any payment described in subsection (h), the amount of such payment. ``(d) Covered Transaction.--For purposes of this section, the term `covered transaction' means-- ``(1) except as provided in paragraph (2), any purchase if-- ``(A) such purchase occurs or is cleared on a facility located in the United States, or ``(B) the purchaser or seller is a United States person, and ``(2) any transaction with respect to a security described in subparagraph (D), (E), or (F) of subsection (e)(1), if-- ``(A) such security is traded or cleared on a facility located in the United States, or ``(B) any party with rights under such security is a United States person. ``(e) Security and Other Definitions.--For purposes of this section-- ``(1) In general.--The term `security' means-- ``(A) any share of stock in a corporation, ``(B) any partnership or beneficial ownership interest in a partnership or trust, ``(C) any note, bond, debenture, or other evidence of indebtedness, ``(D) any evidence of an interest in, or a derivative financial instrument with respect to, any security or securities described in subparagraph (A), (B), or (C), ``(E) any derivative financial instrument with respect to any currency or commodity, and ``(F) any other derivative financial instrument any payment with respect to which is calculated by reference to any specified index. ``(2) Derivative financial instrument.--The term `derivative financial instrument' includes any option, forward contract, futures contract, notional principal contract, or any similar financial instrument. ``(3) Specified index.--The term `specified index' means any 1 or more of any combination of-- ``(A) a fixed rate, price, or amount, or ``(B) a variable rate, price, or amount, which is based on any current objectively determinable information which is not within the control of any of the parties to the contract or instrument and is not unique to any of the parties' circumstances. ``(4) Treatment of exchanges.-- ``(A) In general.--An exchange shall be treated as the sale of the property transferred and a purchase of the property received by each party to the exchange. ``(B) Certain deemed exchanges.--In the case of a distribution treated as an exchange for stock under section 302 or 331, the corporation making such distribution shall be treated as having purchased such stock for purposes of this section. ``(f) Exceptions.-- ``(1) Exception for initial issues.--No tax shall be imposed under subsection (a) on any covered transaction with respect to the initial issuance of any security described in subparagraph (A), (B), or (C) of subsection (e)(1). ``(2) Exception for certain traded short-term indebtedness.--A note, bond, debenture, or other evidence of indebtedness which-- ``(A) is traded on a trading facility located in the United States, and ``(B) has a fixed maturity of not more than 100 days, shall not be treated as described in subsection (e)(1)(C). ``(3) Exception for securities lending arrangements.--No tax shall be imposed under subsection (a) on any covered transaction with respect to which gain or loss is not recognized by reason of section 1058. ``(g) By Whom Paid.-- ``(1) In general.--The tax imposed by this section shall be paid by-- ``(A) in the case of a transaction which occurs or is cleared on a facility located in the United States, such facility, and ``(B) in the case of a purchase not described in subparagraph (A) which is executed by a broker (as defined in section 6045(c)(1)) which is a United States person, such broker. ``(2) Special rules for direct, etc., transactions.--In the case of any transaction to which paragraph (1) does not apply, the tax imposed by this section shall be paid by-- ``(A) in the case of a transaction described in subsection (d)(1)-- ``(i) the purchaser if the purchaser is a United States person, and ``(ii) the seller if the purchaser is not a United States person, and ``(B) in the case of a transaction described in subsection (d)(2)-- ``(i) the payor if the payor is a United States person, and ``(ii) the payee if the payor is not a United States person. ``(h) Certain Payments Treated as Separate Transactions.--Except as otherwise provided by the Secretary, any payment with respect to a security described in subparagraph (D), (E), or (F) of subsection (e)(1) shall be treated as a separate transaction for purposes of this section, including-- ``(1) any net initial payment, net final or terminating payment, or net periodical payment with respect to a notional principal contract (or similar financial instrument), ``(2) any payment with respect to any forward contract (or similar financial instrument), and ``(3) any premium paid with respect to any option (or similar financial instrument). ``(i) Administration.--The Secretary shall carry out this section in consultation with the Securities and Exchange Commission and the Commodity Futures Trading Commission. ``(j) Guidance; Regulations.--The Secretary shall-- ``(1) provide guidance regarding such information reporting concerning covered transactions as the Secretary deems appropriate, and ``(2) prescribe such regulations as are necessary or appropriate to prevent avoidance of the purposes of this section, including the use of non-United States persons in such transactions.''. (b) Clerical Amendment.--The table of subchapters for chapter 36 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to subchapter B the following new item: ``Subchapter C. Tax on trading transactions''. (c) Effective Date.--The amendments made by this section shall apply to transactions after December 31, 2012.

Wall Street Trading and Speculators Tax Act - Amends the Internal Revenue Code to impose a .03% excise tax on the purchase of a security: (1) if such purchase occurs on a trading facility located in the United States, or (2) the purchaser or seller is a U.S. person. Defines "security" to include: (1) stocks, partnership interests, notes, bonds, debentures, or other evidences of indebtedness; and (2) interests in a derivative financial instrument (i.e., any option, forward contract, futures contract, notional principal contract, or any similar financial instrument). Exempts from such tax: (1) initial issues of securities; (2) any note, bond, debenture, or other evidence of indebtedness which has a fixed maturity of not more than 100 days; and (3) securities traded pursuant to certain lending arrangements.

To amend the Internal Revenue Code of 1986 to impose a tax on certain trading transactions.

SECTION 1. SHORT TITLE. This Act may be cited as the ``No Safe Harbor Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) harboring, supporting, or providing aid or protection to individuals or entities engaged in terrorist activity against the United States, its citizens, or its allies will be considered to be acts of aggression against the United States; and (2) failing to assist the United States or its allies in the identification, suppression, or prosecution of individuals or entities engaged in terrorist activity will be considered to be acts of aggression against the United States. SEC. 2. IMPOSITION OF SANCTIONS. (a) Sanctions.--The President may impose the sanctions under subsection (b) on-- (1) any country determined, for purposes of section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)), section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371), or section 40(d) of the Arms Export Control Act (22 U.S.C. 2780(d)), to be a country the government of which has repeatedly provided support for acts of international terrorism; (2) any country identified under section 40A of the Arms Export Control Act (22 U.S.C. 2781) to be a country not cooperating fully with United States antiterrorism efforts; and (3) any country or entity that the President determines-- (A) fails to support antiterrorist investigations by the United States; (B) provides sanctuary for individuals or entities suspected of engaging in terrorist activity from prosecution in the United States or any of its allies; (C) fails to extradite to the United States or any of its allies individuals or entities suspected of engaging in terrorist activity; (D) allows individuals or entities to seek material support or resources (within the meaning of section 2339A(b) of title 18, United States Code), including raising funds, for groups that engage in terrorist activity; (E) allows the recruitment of individuals for terrorist activity; or (F) fails to assist in intelligence gathering by the United States or any of its allies relating to terrorist activity. (b) Sanctions.-- (1) Sanctions on countries.--The sanctions that may be imposed on a country referred to in subsection (a) are the following: (A) Economic embargo.--The President may exercise the authorities the President has under the International Emergency Economic Powers Act to impose an economic embargo on such country, without regard to section 202 of that Act, including-- (i) blocking all property and interests in property of such country that are in the United States or are in the possession or control of United States persons; (ii) prohibiting transactions in any property in which any national of such country has any interest; and (iii) prohibiting imports from and exports to such country. (B) Prohibition on travel.--The President may prohibit travel to and from that country, notwithstanding section 203(b)(4) of the International Emergency Economic Powers Act. (C) Denial of entry into the united states.--The President may direct the Attorney General to deny admission into the United States to any citizen or national of that country (or, in the case of a person having no nationality, a person habitually residing in such country) as an immigrant or nonimmigrant (except in the case of admission as a refugee under section 207 of the Immigration and Nationality Act or similar provision of law). (2) Sanctions on entities.--The sanctions that may be imposed on an entity referred to in subsection (a)(3) are that the President may exercise the authorities the President has under the International Emergency Economic Powers Act, without regard to section 202 of that Act-- (A) to block all property and interests in property of such entity that are in the United States or are in the possession or control of United States persons; and (B) to prohibit imports from and exports to such entity. (c) Regulatory Authority; Penalties.--The President may issue such regulations, licenses, and orders as are necessary to carry out this Act. The penalties set forth in section 206 of the International Emergency Economic Powers Act shall apply to violations under this Act to the same extent as such penalties apply to violations under that Act. SEC. 3. ASSISTANCE TO VICTIMS OF TERRORISM. The President may vest and liquidate as much of property that is blocked pursuant to section paragraphs (1)(A)(i) and (2)(A) of section 2(b) as may be necessary to adequately compensate the victims of terrorist acts and their families, in accordance with regulations that the President may issue. SEC. 4. WAIVER. The President may waive any provision of section 2 with respect to any country or entity if the President-- (1) determines that vital national interests so require; and (2) submits that determination to the Congress, together with the reasons therefor. SEC. 5. DEFINITIONS. In this Act: (1) Terrorist activity.--The term ``terrorist activity'' has the meaning given that term in section 212(a)(3)(B)(ii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(ii)). (2) United states person.--The term ``United States person'' means-- (A) a United States citizen; (B) a partnership, corporation, or other legal entity that is organized under the laws of the United States; or (C) a partnership, corporation, or other legal entity that is organized under the laws of a foreign country and is controlled by entities described in subparagraph (B) or United States citizens, or both.

No Safe Harbor Act - Authorizes the President to impose specified sanctions, including economic embargo and the blocking of property in the United States, against any country (or entity where applicable) that has been determined to: (1) have repeatedly provided support for acts of international terrorism; (2) not be cooperating fully with the United States antiterrorism efforts; and (3) be otherwise aiding and abetting terrorist activity. Sets forth certain penalties for violations committed under this Act.Authorizes the President to vest and liquidate as much of property of such country or entity that has been blocked under this Act to adequately compensate the victims of terrorist acts and their families. Authorizes the President to waive such sanctions in the U.S. national security interest.

To protect the United States and its allies by imposing sanctions on countries and entities that aid and abet individuals or entities engaged in terrorist activity or fail to cooperate in the war against terrorism, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Access to Professional Health Insurance Advisors Act of 2011''. SEC. 2. FINDINGS. Congress finds the following: (1) Licensed independent insurance producers (agents and brokers) provide a wide range of services for both individual consumers and the business community. Producers interface with insurers, acquire quotes, analyze plan options, and consult clients through the purchase of health insurance. (2) Licensed independent insurance producers provide guidance regarding benefit and contribution arrangements to ensure compliance with applicable State and Federal laws and regulations; assist with establishing section 125 plan tax savings under the Internal Revenue Code, health reimbursement arrangements, flexible spending arrangements, and other programs to maximize tax advantages and ensure compliance with applicable Internal Revenue Service guidelines; create educational materials and provide on-site assistance to aid in employee benefit communication; assist in managing eligibility for new hires and terminated employees; provide advocacy for employees through the health insurance claim process; and advocate for employers with insurers in developing proposals, renewals, and for service issues throughout the year. (3) In order to meet these responsibilities, licensed independent insurance producers are required to complete continuing education on an ongoing basis in order to maintain appropriate licenses. This requirement to maintain educational standards helps assure the insured public that producers remain current with the ever-evolving insurance market. (4) It is essential that licensed independent insurance producers continue to perform these duties, and others, as the Patient Protection and Affordable Care Act has made significant changes to the regulatory environment for health plans. To understand these changes, employers and consumers will need professional guidance even more in the future. This service is especially important for small businesses, as such producers often fill the role of a human resources department as well as professional consultant. (5) The National Association of Insurance Commissioners-- whose core mission is to protect consumers in all aspects of the business of insurance--strongly advocates for the continuing role of licensed independent insurance producers in health insurance, and has expressed that the ability of insurance agents and brokers to continue assisting health insurance consumers at a time of rapid insurance market changes is more essential than ever. (6) It is critical that the indispensable role played by licensed independent insurance producers is recognized and protected. SEC. 3. PROTECTING THE ABILITY OF LICENSED INDEPENDENT INSURANCE PRODUCERS TO CONTINUE TO SERVE THE PUBLIC. (a) In General.--Section 2718 of the Public Health Service Act (42 U.S.C. 300gg et seq.), as inserted by section 1001 and amended by section 10101(f) of the Patient Protection and Affordable Care Act, is amended-- (1) in subsection (a)(3), by inserting ``, remuneration paid for licensed independent insurance producers,'' after ``State taxes''; (2) in subsection (b)(1)(A)-- (A) in the matter preceding clause (i), by inserting ``, remuneration paid for licensed independent insurance producers,'' after ``State taxes''; (B) in clause (ii), by inserting ``or small group market'' before ``in such State''; and (C) by adding at the end the following new sentence: ``In the case of a State request for an adjustment pursuant to clause (ii), the Secretary shall defer to the State's findings and determinations regarding destabilization.''; (3) in subsection (b)(1)(B), by inserting ``, remuneration paid for licensed independent insurance producers,'' after ``State taxes''; (4) in subsection (d), by inserting ``or small group market'' after ``individual market''; and (5) by adding at the end the following new subsection: ``(f) Independent Insurance Producer Remuneration Definitions.--For purposes of this section: ``(1) The term `independent insurance producer' means an insurance agent or broker, insurance consultant, benefit specialist, limited insurance representative, and any other person required to be licensed under the laws of the particular State to sell, solicit, negotiate, service, effect, procure, renew or bind policies of insurance coverage or offer advice, counsel, opinions, or services related to insurance. ``(2) The term `remuneration' means compensation paid by or accrued from an insurance issuer or health plan for services rendered under contractual agreement which may include fees, commissions, or rebates.''. (b) Regulations.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Health and Human Services, in coordination with the National Association of Insurance Commissioners, shall amend any applicable regulations so as to take the amendments made by subsection (a) into account.

Access to Professional Health Insurance Advisors Act of 2011 - Amends the Public Health Service Act to exclude remuneration paid for licensed independent insurance producers from administrative cost calculations for purposes of calculating the medical-loss ratio of a health insurance plan. Defines "independent insurance producer" to mean an insurance agent or broker, insurance consultant, benefit specialist, limited insurance representative, and any other person required to be licensed under the laws of the particular state to sell, solicit, negotiate, service, effect, procure, renew, or bind policies of insurance coverage or offer advice, counsel, opinions, or services related to insurance. Requires the Secretary of Health and Human Services (HHS), when a state requests an adjustment of a medical-loss ratio, to defer to the state's findings and determinations as to whether enforcing the required medical-loss ratio may destabilize the individual or small group markets for health insurance.

To amend title XXVII of the Public Health Service Act to preserve consumer and employer access to licensed independent insurance producers.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Comprehensive Cancer Care Improvement Act of 2012''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; Table of contents. Sec. 2. Findings. TITLE I--COMPREHENSIVE CANCER CARE UNDER THE MEDICARE PROGRAM Sec. 101. Coverage of cancer care planning services. TITLE II--PROVIDER EDUCATION REGARDING PALLIATIVE CARE AND SYMPTOM MANAGEMENT Sec. 201. Grants to improve health professional education. Sec. 202. Grants to improve continuing professional education. TITLE III--RESEARCH ON TOPICS RELATED TO COORDINATION OF CARE, SYMPTOM MANAGEMENT, AND PALLIATIVE CARE FOR CANCER PATIENTS Sec. 301. Research program. SEC. 2. FINDINGS. Congress makes the following findings: (1) Individuals with cancer often do not have access to a cancer care system that provides comprehensive and coordinated care of high quality. (2) The cancer care system has not traditionally offered individuals with cancer a prospective and comprehensive plan for treatment and symptom management, strategies for updating and evaluating such plan with the assistance of a health care professional, and a follow-up plan for monitoring and treating possible late effects of cancer and its treatment. (3) Cancer survivors often experience the under-diagnosis and under-treatment of the symptoms of cancer, a problem that begins at the time of diagnosis and may become more severe with disease progression and at the end of life. The failure to treat the symptoms, side effects, and late effects of cancer and cancer treatment may have a serious adverse impact on the health, survival, well-being, and quality of life of cancer survivors. (4) Cancer survivors who are members of racial and ethnic minority groups may face severe obstacles in receiving coordinated cancer care that includes appropriate management of cancer symptoms and treatment of side effects. (5) Individuals with cancer are sometimes not provided information about their disease and treatment options that might result in their request for, and engagement in, coordinated care that includes appropriate treatment and symptom management. (6) Comprehensive cancer care should incorporate access to psychosocial services and management of the symptoms of cancer and the symptoms of cancer treatment, including pain, nausea, vomiting, fatigue, and depression. (7) Comprehensive cancer care should include a means for providing cancer survivors with a comprehensive care summary and a plan for follow-up care after primary treatment to ensure that cancer survivors have access to follow-up monitoring and treatment of possible late effects of cancer and cancer treatment. (8) The Institute of Medicine report entitled ``Ensuring Quality Cancer Care'' described the elements of quality care for an individual with cancer, including-- (A) the development of initial treatment recommendations by an experienced health care provider; (B) the development of a plan for the course of treatment of the individual and communication of the plan to the individual; (C) access to the resources necessary to implement the course of treatment; (D) access to high-quality clinical trials; (E) a mechanism to coordinate services for the treatment of the individual; and (F) psychosocial support services and compassionate care for the individual. (9) In its report ``From Cancer Patient to Cancer Survivor: Lost in Transition'', the Institute of Medicine recommended that individuals with cancer completing primary treatment be provided a comprehensive summary of their care along with a follow-up survivorship plan of treatment. (10) Since more than half of all cancer diagnoses occur among elderly Medicare beneficiaries, the problems of providing cancer care are problems of the Medicare program. (11) Shortcomings in providing cancer care, resulting in inadequate management of cancer symptoms and insufficient monitoring and treatment of late effects of cancer and its treatment, are related to problems of Medicare payments for such care, inadequate professional training, and insufficient investment in research on symptom management. (12) Changes in Medicare payment for comprehensive cancer care, enhanced public and professional education regarding symptom management, and more research related to coordination of care, symptom management and palliative care will enhance patient decisionmaking about treatment options and will contribute to improved care for individuals with cancer from the time of diagnosis of the individual through the end of the life of the individual. TITLE I--COMPREHENSIVE CANCER CARE UNDER THE MEDICARE PROGRAM SEC. 101. COVERAGE OF CANCER CARE PLANNING SERVICES. (a) In General.--Section 1861 of the Social Security Act is amended-- (1) in subsection (s)(2)-- (A) by striking ``and'' at the end of subparagraph (EE); (B) by adding ``and'' at the end of subparagraph (FF); and (C) by adding at the end the following new subparagraph: ``(GG) comprehensive cancer care planning services (as defined in subsection (iii));''; and (2) by adding at the end the following new subsection: ``Comprehensive Cancer Care Planning Services ``(iii)(1) The term `comprehensive cancer care planning services' means-- ``(A) with respect to an individual who is diagnosed with cancer, the development of a plan of care that-- ``(i) details, to the greatest extent practicable, all aspects of the care to be provided to the individual, with respect to the treatment of such cancer, including any curative treatment, comprehensive symptom management, and palliative care; ``(ii) is furnished, in person, in written form to the individual within a period specified by the Secretary that is as soon as practicable after the date on which the individual is so diagnosed; ``(iii) is furnished, to the greatest extent practicable, in a form that appropriately takes into account cultural and linguistic needs of the individual in order to make the plan accessible to the individual; and ``(iv) is in accordance with standards determined by the Secretary to be appropriate; ``(B) with respect to an individual for whom a plan of care has been developed under subparagraph (A), the revision of such plan of care as necessary to account for any substantial change in the condition of the individual, recurrence of disease, or significant revision of the elements of curative or palliative care for the individual, if such revision-- ``(i) is in accordance with clauses (i), (iii), and (iv) of such subparagraph; and ``(ii) is furnished in written form to the individual within a period specified by the Secretary that is as soon as practicable after the date of such revision; ``(C) with respect to an individual who has completed the primary treatment for cancer, as defined by the Secretary (such as completion of chemotherapy or radiation treatment), the development of a follow-up cancer care plan that-- ``(i) describes the elements of the primary treatment, including symptom management and palliative care, furnished to such individual; ``(ii) provides recommendations for the subsequent care of the individual with respect to the cancer involved; ``(iii) is furnished, in person, in written form, to the individual within a period specified by the Secretary that is as soon as practicable after the completion of such primary treatment; ``(iv) is furnished, to the greatest extent practicable, in a form that appropriately takes into account cultural and linguistic needs of the individual in order to make the plan accessible to the individual; and ``(v) is in accordance with standards determined by the Secretary to be appropriate; and ``(D) with respect to an individual for whom a follow-up cancer care plan has been developed under subparagraph (C), the revision of such plan as necessary to account for any substantial change in the condition of the individual, diagnosis of a second cancer, or significant revision of the plan for follow-up care, if such revision-- ``(i) is in accordance with clauses (i), (ii), (iv), and (v) of such subparagraph; and ``(ii) is furnished in written form to the individual within a period specified by the Secretary that is as soon as practicable after the date of such revision. ``(2) The Secretary shall establish standards to carry out paragraph (1) in consultation with appropriate organizations representing providers of services related to cancer treatment and organizations representing survivors of cancer. Such standards shall include standards for determining the need and frequency for revisions of the plans of care and follow-up plans based on changes in the condition of the individual or elements and intent of treatment and standards for the communication of the plan to the patient.''. (b) Payment.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended by striking ``and'' before ``(Z)'' and inserting before the semicolon at the end the following: ``, and (AA) with respect to comprehensive cancer care planning services described in any of subparagraphs (A) through (D) of section 1861(iii)(1), the amount paid shall be an amount equal to the sum of (i) the national average amount under the physician fee schedule established under section 1848 for a new patient office consultation of the highest level of service in the non-facility setting, and (ii) the national average amount under such fee schedule for a physician certification described in section 1814(a)(2) for home health services furnished to an individual by a home health agency under a home health plan of care''. (c) Effective Date.--The amendments made by this section shall apply to services furnished on or after the first day of the first calendar year that begins after the date of the enactment of this Act. TITLE II--PROVIDER EDUCATION REGARDING PALLIATIVE CARE AND SYMPTOM MANAGEMENT SEC. 201. GRANTS TO IMPROVE HEALTH PROFESSIONAL EDUCATION. (a) In General.--The Secretary of Health and Human Services shall make grants to eligible entities to enable the entities to improve the quality of graduate and postgraduate training of physicians, nurses, and other health care providers in developing cancer care plans for cancer patients and communicating such plans to the individual patients. (b) Application.--To seek a grant under this section, an eligible entity shall submit an application at such time, in such manner, and containing such information as the Secretary may require. At a minimum, the Secretary shall require that each such application demonstrate-- (1) the ability to train health professionals in-- (A) the provision of cancer care that fully coordinates active treatment, symptom management, and palliative care; and (B) the communication of a written plan for coordinated cancer care to the patient; and (2) the ability to collect and analyze data related to the effectiveness of such training programs. (c) Evaluation.--The Secretary shall develop and implement a plan for evaluating the effects of the training programs funded under this section. (d) Definitions.--In this section: (1) The term ``eligible entity'' means an entity that is-- (A) a cancer center (including an NCI-designated cancer center); (B) an academic health center; (C) a physician practice; (D) a school of nursing; (E) a visiting nurse association; (F) a home care agency; or (G) a private nonprofit organization with expertise and experience in health provider training. (2) The term ``NCI-designated cancer center'' means a cancer center receiving funds through a P30 Cancer Center Support Grant of the National Cancer Institute. (3) The term ``Secretary'' means the Secretary of Health and Human Services. (e) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated $5,000,000 for each of the fiscal years 2013 through 2017. SEC. 202. GRANTS TO IMPROVE CONTINUING PROFESSIONAL EDUCATION. (a) In General.--The Secretary of Health and Human Services shall make grants to eligible entities to improve the quality of continuing professional education provided to qualified individuals regarding the development and communication of written cancer care plans that outline a system of care that coordinates active treatment and palliative care. (b) Application.--To seek a grant under this section, an eligible entity shall submit an application at such time, in such manner, and containing such information as the Secretary may require. At a minimum, the Secretary shall require that each such application demonstrate-- (1) experience in sponsoring continuing professional education programs; (2) the ability to reach health care providers and other professionals who are engaged in cancer care with such continuing professional education programs; (3) the capacity to develop innovative training programs aimed at enhancing the delivery of coordinated cancer care that includes appropriate symptom management and palliative care; and (4) the ability to evaluate the effectiveness of such professional education and training programs. (c) Evaluation.--The Secretary shall develop and implement a plan for evaluating the effects of the continuing professional education and training programs funded under this section. (d) Definitions.--In this section: (1) The term ``eligible entity'' means an entity that is-- (A) a cancer center (including an NCI-designated cancer center); (B) an academic health center; (C) a school of nursing; (D) a professional society that supports continuing professional education programs; or (E) a private nonprofit organization with expertise and experience in health provider training. (2) The term ``NCI-designated cancer center'' means a cancer center receiving funds through a P30 Cancer Center Support Grant of the National Cancer Institute. (3) The term ``qualified individual'' means a physician, nurse, social worker, chaplain, psychologist, or other individual who is involved in providing comprehensive cancer care, including active treatment, symptom management, and palliative care, to cancer patients. (4) The term ``Secretary'' means the Secretary of Health and Human Services. (e) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated $5,000,000 for each of the fiscal years 2013 through 2017. TITLE III--RESEARCH ON TOPICS RELATED TO COORDINATION OF CARE, SYMPTOM MANAGEMENT, AND PALLIATIVE CARE FOR CANCER PATIENTS SEC. 301. RESEARCH PROGRAM. (a) In General.--The Secretary of Health and Human Services shall provide investment, through existing research programs, for research on topics related to cancer care planning, cancer care coordination, symptom management, palliative care, and comprehensive survivorship care. (b) Participation.--In carrying out the research authorized under this section, the Secretary should provide for the participation of institutes and centers of the National Institutes of Health, the Centers for Medicare & Medicaid Services, and any other national research institute that has been engaged in research described in subsection (a). (c) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated $5,000,000 for each of the fiscal years 2013 through 2017.

Comprehensive Cancer Care Improvement Act of 2012 - Amends title XVIII (Medicare) of the Social Security Act to provide for coverage of comprehensive cancer care planning services. Directs the Secretary of Health and Human Services (HHS) to make grants to eligible entities to improve the quality of: (1) graduate and postgraduate training of physicians, nurses, and other health care providers in developing cancer care plans for, and communicating such plans to, patients; and (2) continuing professional education regarding the development and communication of written cancer care plans that outline a system of care that coordinates active treatment and palliative care. Requires the Secretary to provide investment, through existing programs, for research on topics related to cancer care planning and coordination, symptom management, palliative care, and comprehensive survivorship care.

A bill to amend title XVIII of the Social Security Act to provide for coverage of comprehensive cancer care planning under the Medicare Program and to improve the care furnished to individuals diagnosed with cancer by establishing grants programs for provider education, and related research.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Expedited Rescissions Act of 1993''. SEC. 2. EXPEDITED CONSIDERATION OF CERTAIN PROPOSED RESCISSIONS. (a) In General.--Part B of title X of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 681 et seq.) is amended by redesignating sections 1013 through 1017 as sections 1014 through 1018, respectively, and inserting after section 1012 the following new section: ``expedited consideration of certain proposed rescissions ``Sec. 1013. (a) Proposed Rescission of Budget Authority.--In addition to the method of rescinding budget authority specified in section 1012, the President may propose, at the time and in the manner provided in subsection (b), the rescission of any budget authority provided in an appropriation Act. Funds made available for obligation under this procedure may not be proposed for rescission again under this section or section 1012. ``(b) Transmittal of Special Message.-- ``(1) Not later than 3 calendar days after the date of enactment of an appropriation Act, the President may transmit to Congress one special message proposing to rescind amounts of budget authority provided in that Act and include with that special message a draft bill that, if enacted, would only rescind that budget authority. That bill shall clearly identify the amount of budget authority that is proposed to be rescinded for each program, project, or activity to which that budget authority relates. ``(2) In the case of an appropriation Act that includes accounts within the jurisdiction of more than one subcommittee of the Committee on Appropriations, the President in proposing to rescind budget authority under this section shall send a separate special message and accompanying draft bill for accounts within the jurisdiction of each such subcommittee. ``(3) Each special message shall specify, with respect to the budget authority proposed to be rescinded, the matters referred to in paragraphs (1) through (5) of section 1012(a). ``(c) Procedures for Expedited Consideration.-- ``(1)(A) Before the close of the second legislative day of the House of Representatives after the date of receipt of a special message transmitted to Congress under subsection (b), the majority leader or minority leader of the House of Representatives shall introduce (by request) the draft bill accompanying that special message. If the bill is not introduced as provided in the preceding sentence, then, on the third legislative day of the House of Representatives after the date of receipt of that special message, any Member of that House may introduce the bill. ``(B)(i) The bill shall be referred to the Committee on Appropriations of the House of Representatives. The committee shall report the bill without substantive revision, and with or without recommendation. The bill shall be reported not later than the seventh legislative day of that House after the date of receipt of that special message. If the Committee on Appropriations fails to report the bill within that period, that committee shall be automatically discharged from consideration of the bill, and the bill shall be placed on the appropriate calendar. ``(ii) The Committee on Appropriations may report to the House, within the 7-legislative-day period described in clause (i), an alternative bill which-- ``(I) contains only rescissions to the same appropriation Act as the bill for which it is an alternative; and ``(II) which rescinds an aggregate amount of budget authority equal to or greater than the aggregate amount of budget authority rescinded in the bill for which it is an alternative. ``(C) A vote on final passage of the bill referred to in subparagraph (B)(i) shall be taken in the House of Representatives on or before the close of the 10th legislative day of that House after the date of the introduction of the bill in that House. If the bill is passed, the Clerk of the House of Representatives shall cause the bill to be engrossed, certified, and transmitted to the Senate within one calendar day of the day on which the bill is passed. ``(D) Upon rejection of the bill described in subparagraph (B)(i) on final passage, a motion in the House to proceed to consideration of the alternative bill reported from the Committee on Appropriations under subparagraph (B)(ii) shall be highly privileged and not debatable. ``(E) A vote on final passage of the bill referred to in subparagraph (B)(ii) shall be taken in the House of Representatives on or before the close of the 11th legislative day of that House after the date of the introduction of the bill in that House for which it is an alternative. If the bill is passed, the Clerk of the House of Representatives shall cause the bill to be engrossed, certified, and transmitted to the Senate within one calendar day of the day on which the bill is passed. ``(2)(A) A motion in the House of Representatives to proceed to the consideration of a bill under this section shall be highly privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. ``(B) Debate in the House of Representatives on a bill under this section shall not exceed 4 hours, which shall be divided equally between those favoring and those opposing the bill. A motion further to limit debate shall not be debatable. It shall not be in order to move to recommit a bill under this section or to move to reconsider the vote by which the bill is agreed to or disagreed to. ``(C) Appeals from decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to a bill under this section shall be decided without debate. ``(3)(A) A bill transmitted to the Senate pursuant to paragraph (1) (C) or (E) shall be referred to its Committee on Appropriations. The committee shall report the bill either without substantive revision or with an amendment in the nature of a substitute, and with or without recommendation. The bill shall be reported not later than the seventh legislative day of the Senate after it receives the bill. A committee failing to report the bill within such period shall be automatically discharged from consideration of the bill, and the bill shall be placed upon the appropriate calendar. ``(B) A vote on final passage of a bill transmitted to the Senate shall be taken on or before the close of the 10th legislative day of the Senate after the date on which the bill is transmitted. ``(4)(A) A motion in the Senate to proceed to the consideration of a bill under this section shall be privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. ``(B) Debate in the Senate on a bill under this section, and all amendments thereto and all debatable motions and appeals in connection therewith, shall not exceed 10 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees. ``(C) Debate in the Senate on any debatable motion or appeal in connection with a bill under this section shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover and the manager of the bill, except that in the event the manager of the bill is in favor of any such motion or appeal, the time in opposition thereto, shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from time under their control on the passage of a bill, allot additional time to any Senator during the consideration of any debatable motion or appeal. ``(D) A motion in the Senate to further limit debate on a bill under this section is not debatable. A motion to recommit a bill under this section is not in order. ``(d) Amendments and Divisions Generally Prohibited.--(1) Except as provided by paragraph (2), no amendment to a bill considered under this section or to a substitute amendment referred to in paragraph (2) shall be in order in either the House of Representatives or the Senate. It shall not be in order to demand a division of the question in the House of Representatives (or in a Committee of the Whole) or in the Senate. No motion to suspend the application of this subsection shall be in order in either House, nor shall it be in order in either House to suspend the application of this subsection by unanimous consent. ``(2)(A) It shall be in order in the Senate to consider an amendment in the nature of a substitute reported by the Committee on Appropriations under subsection (c)(3)(A) that complies with subparagraph (B). ``(B) It shall only be in order in the Senate to consider any amendment described in subparagraph (A) if-- ``(i) the amendment contains only rescissions to the same appropriation Act as the bill that it is amending contained; and ``(ii) the aggregate amount of budget authority rescinded equals or exceeds the aggregate amount of budget authority rescinded in the bill that it is amending; unless that amendment consists solely of the text of the bill as introduced in the House of Representatives that makes rescissions to carry out the applicable special message of the President. ``(C) It shall not be in order in the Senate to consider a bill or an amendment in the nature of a substitute reported by the Committee on Appropriations under subsection (c)(3)(A) unless the Senate has voted upon and rejected an amendment in the nature of a substitute consisting solely of the text of the bill as introduced in the House of Representatives that makes rescissions to carry out the applicable special message of the President. ``(e) Requirement To Make Available for Obligation.--Any amount of budget authority proposed to be rescinded in a special message transmitted to Congress under subsection (b) shall be made available for obligation on the earlier of-- ``(1) the day after the date upon which the House of Representatives defeats the bill transmitted with that special message rescinding the amount proposed to be rescinded and (if reported by the Committee on Appropriations) the alternative bill; or ``(2) the day after the date upon which the Senate rejects a bill or amendment in the nature of a substitute consisting solely of the text of the bill as introduced in the House of Representatives that makes rescissions to carry out the applicable special message of the President. ``(f) Definitions.--For purposes of this section-- ``(1) the term `appropriation Act' means any general or special appropriation Act, and any Act or joint resolution making supplemental, deficiency, or continuing appropriations; and ``(2) the term `legislative day' means, with respect to either House of Congress, any calendar day during which that House is in session.''. (b) Exercise of Rulemaking Powers.--Section 904 of such Act (2 U.S.C. 621 note) is amended-- (1) by striking ``and 1017'' in subsection (a) and inserting ``1013, and 1018''; and (2) by striking ``section 1017'' in subsection (d) and inserting ``sections 1013 and 1018''; and (c) Conforming Amendments.-- (1) Section 1011 of such Act (2 U.S.C. 682(5)) is amended-- (A) in paragraph (4), by striking ``1013'' and inserting ``1014''; and (B) in paragraph (5)-- (i) by striking ``1016'' and inserting ``1017''; and (ii) by striking ``1017(b)(1)'' and inserting ``1018(b)(1)''. (2) Section 1015 of such Act (2 U.S.C. 685) (as redesignated by section 2(a)) is amended-- (A) by striking ``1012 or 1013'' each place it appears and inserting ``1012, 1013, or 1014''; (B) in subsection (b)(1), by striking ``1012'' and inserting ``1012 or 1013''; (C) in subsection (b)(2), by striking ``1013'' and inserting ``1014''; and (D) in subsection (e)(2)-- (i) by striking ``and'' at the end of subparagraph (A); (ii) by redesignating subparagraph (B) as subparagraph (C); (iii) by striking ``1013'' in subparagraph (C) (as so redesignated) and inserting ``1014''; and (iv) by inserting after subparagraph (A) the following new subparagraph: ``(B) he has transmitted a special message under section 1013 with respect to a proposed rescission; and''. (3) Section 1016 of such Act (2 U.S.C. 686) (as redesignated by section 2(a)) is amended by striking ``1012 or 1013'' each place it appears and inserting ``1012, 1013, or 1014''. (d) Clerical Amendments.--The table of sections for subpart B of title X of such Act is amended-- (1) by redesignating the items relating to sections 1013 through 1017 as items relating to sections 1014 through 1018; and (2) by inserting after the item relating to section 1012 the following new item: ``Sec. 1013. Expedited consideration of certain proposed rescissions.''. SEC. 3. APPLICATION. (a) In General.--Section 1013 of the Congressional Budget and Impoundment Control Act of 1974 (as added by section 2) shall apply to amounts of budget authority provided by appropriation Acts (as defined in subsection (f) of such section) that are enacted during the One Hundred Third Congress. (b) Special Transition Rule.--Within 3 calendar days after the beginning of the One Hundred Fourth Congress, the President may retransmit a special message, in the manner provided in section 1013(b) of the Congressional Budget and Impoundment Control Act of 1974 (as added by section 2), proposing to rescind only those amounts of budget authority that were contained in any special message to the One Hundred Third Congress which that Congress failed to consider because of its sine die adjournment before the close of the time period set forth in such section 1013 for consideration of those proposed rescissions. A draft bill shall accompany that special message that, if enacted, would only rescind that budget authority. Before the close of the second legislative day of the House of Representatives after the date of receipt of that special message, the majority leader or minority leader of the House of Representaitves shall introduce (by request) the draft bill accompanying that special message. If the bill is not introduced as provided in the preceding sentence, then, on the third legislative day of the House of Representatives after the date of receipt of that special message, any Member of that House may introduce the bill. The House of Representatives and the Senate shall proceed to consider that bill in the manner provided in such section 1013. SEC. 4. TERMINATION. The authority provided by section 1013 of the Congressional Budget and Impoundment Control Act of 1974 (as added by section 2) shall terminate 2 years after the date of enactment of this Act. SEC. 5. JUDICIAL REVIEW. (a) Expedited Review.-- (1) Any Member of Congress may bring an action, in the United States District Court for the District of Columbia, for declaratory judgment and injunctive relief on the ground that any provision of section 1013 (as added by section 2) violates the Constitution. (2) A copy of any complaint in an action brought under paragraph (1) shall be promptly delivered to the Secretary of the Senate and the Clerk of the House of Representatives, and each House of Congress shall have the right to intervene in such action. (3) Any action brought under paragraph (1) shall be heard and determined by a three-judge court in accordance with section 2284 of title 28, United States Code. Nothing in this section or in any other law shall infringe upon the right of the House of Representatives to intervene in an action brought under paragraph (1) without the necessity of adopting a resolution to authorize such intervention. (b) Appeal to Supreme Court.--Notwithstanding any other provision of law, any order of the United States District Court for the District of Columbia which is issued pursuant to an action brought under paragraph (1) of subsection (a) shall be reviewable by appeal directly to the Supreme Court of the United States. Any such appeal shall be taken by a notice of appeal filed within 10 days after such order is entered; and the jurisdictional statement shall be filed within 30 days after such order is entered. No stay of an order issued pursuant to an action brought under paragraph (1) of subsection (a) shall be issued by a single Justice of the Supreme Court. (c) Expedited Consideration.--It shall be the duty of the District Court for the District of Columbia and the Supreme Court of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of any matter brought under subsection (a). Passed the House of Representatives April 29, 1993. Attest: DONNALD K. ANDERSON, Clerk. HR 1578 RFS----2

Expedited Rescissions Act of 1993 - Amends the Congressional Budget and Impoundment Control Act of 1974 to allow the President to transmit to both Houses of the Congress, for expedited consideration, one special message proposing to rescind all or part of any item of budget authority provided in an appropriation bill. Requires that such special message be transmitted not later than three days after the President approves the appropriation bill and be accompanied by a draft bill or joint resolution that would, if enacted, rescind the budget authority proposed to be rescinded. Sets forth House and Senate procedures for the expedited consideration of such a proposal. Terminates the President's authority two years following enactment. Provides a special transition rule for messages of the 104th Congress proposing to rescind certain budget authority of the 103d Congress. Provides judicial review of congressional actions under this Act.

Expedited Rescissions Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Schools Improvement Act of 2013''. SEC. 2. FINDINGS. Congress finds the following: (1) Bullying and harassment foster a climate of fear and disrespect that can seriously impair the physical and psychological health of its victims and create conditions that negatively affect learning, thereby undermining the ability of students to achieve their full potential. (2) Bullying and harassment contribute to high dropout rates, increased absenteeism, and academic underachievement. (3) Bullying and harassment include a range of behaviors that negatively impact a student's ability to learn and participate in educational opportunities and activities that schools offer. Such behaviors can include hitting or punching, name-calling, intimidation through gestures or social exclusion, and sending insulting or offensive messages through electronic communications, such as internet sites, e-mail, instant messaging, mobile phones and messaging, telephone, or any other means. (4) Schools with enumerated anti-bullying and harassment policies have an increased level of reporting and teacher intervention in incidents of bullying and harassment, thereby reducing the overall frequency and number of such incidents. (5) Students have been particularly singled out for bullying and harassment on the basis of their actual or perceived race, color, national origin, sex, disability status, sexual orientation, gender identity, or religion, among other categories. (6) Some young people experience a form of bullying called relational aggression or psychological bullying, which harms individuals by damaging, threatening, or manipulating their relationships with their peers, or by injuring their feelings of social acceptance. (7) Interventions to address bullying and harassment conduct to create a positive and safe school climate, combined with evidence-based discipline policies and practices, such as Positive Behavior Interventions and Supports (PBIS) and restorative practices, can minimize suspensions, expulsions, and other exclusionary discipline policies to ensure that students are not ``pushed-out'' or diverted to the juvenile justice system. (8) According to one poll, 85 percent of Americans strongly support or somewhat support a Federal law to require schools to enforce specific rules to prevent bullying. (9) Students, parents, educators, and policymakers have come together to call for leadership and action to address the national crisis of bullying and harassment. SEC. 3. SAFE SCHOOLS IMPROVEMENT. (a) In General.--Title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7101 et seq.) is amended by adding at the end the following: ``PART D--SAFE SCHOOLS IMPROVEMENT ``SEC. 4401. PURPOSE. ``The purpose of this part is to address the problem of bullying and harassment conduct of students in public elementary schools and secondary schools. ``SEC. 4402. ANTI-BULLYING POLICIES. ``(a) Bullying.--In this part, the term `bullying' includes cyber- bullying through electronic communications. ``(b) Policies.--A State that receives a grant under this title shall require all local educational agencies in the State to carry out the following: ``(1) Establish policies that prevent and prohibit conduct, including bullying and harassment, that is sufficiently severe, persistent, or pervasive-- ``(A) to limit a student's ability to participate in, or benefit from, a program or activity of a public school or local educational agency; or ``(B) to create a hostile or abusive educational environment, adversely affecting a student's education, at a program or activity of a public school or local educational agency, including acts of verbal, nonverbal, or physical aggression or intimidation. ``(2) The policies required under paragraph (1) shall include a prohibition of bullying or harassment conduct based on-- ``(A) a student's actual or perceived race, color, national origin, sex, disability, sexual orientation, gender identity, or religion; ``(B) the actual or perceived race, color, national origin, sex, disability, sexual orientation, gender identity, or religion of a person with whom a student associates or has associated; or ``(C) any other distinguishing characteristics that may be defined by the State or local educational agency, including being homeless or the child or ward of a member of the Armed Forces. ``(3) Provide-- ``(A) annual notice to students, parents, and educational professionals describing the full range of prohibited conduct contained in such local educational agency's discipline policies; and ``(B) grievance procedures for students or parents to register complaints regarding the prohibited conduct contained in such local educational agency's discipline policies, including-- ``(i) the name of the local educational agency officials who are designated as responsible for receiving such complaints; and ``(ii) timelines that the local educational agency will establish in the resolution of such complaints. ``(4) Collect annual incidence and frequency of incidents data about the conduct prohibited by the policies described in paragraph (1) at the school building level that are accurate and complete and publicly report such data at the school level and local educational agency level. The local educational agency shall ensure that victims or persons responsible for such conduct are not identifiable. ``(5) Encourage positive and preventative approaches to school discipline that minimize students' removal from instruction and ensure that students, including students described in paragraph (2), are not subject to disproportionate punishment. ``SEC. 4403. STATE REPORTS. ``The chief executive officer of a State that receives a grant under this title, in cooperation with the State educational agency, shall submit a biennial report to the Secretary-- ``(1) on the information reported by local educational agencies in the State pursuant to section 4402(b)(5); and ``(2) describing the State's plans for supporting local educational agency efforts to address the conduct prohibited by the policies described in section 4402(b)(1). ``SEC. 4404. EVALUATION. ``(a) Biennial Evaluation.--The Secretary shall conduct an independent biennial evaluation of programs and policies to combat bullying and harassment in elementary schools and secondary schools, including implementation of the requirements described in section 4402, including whether such requirements have appreciably reduced the level of the prohibited conduct and have conducted effective parent involvement and training programs. ``(b) Data Collection.--The Commissioner for Education Statistics shall collect data from States, that are subject to independent review, to determine the incidence and frequency of conduct prohibited by the policies described in section 4402. ``(c) Biennial Report.--Not later than January 1, 2015, and every 2 years thereafter, the Secretary shall submit to the President and Congress a report on the findings of the evaluation conducted under subsection (a) together with the data collected under subsection (b) and data submitted by the States under section 4403. ``SEC. 4405. EFFECT ON OTHER LAWS. ``(a) Federal and State Nondiscrimination Laws.--Nothing in this part shall be construed to invalidate or limit rights, remedies, procedures, or legal standards available to victims of discrimination under any other Federal law or law of a State or political subdivision of a State, including title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), section 504 or 505 of the Rehabilitation Act of 1973 (29 U.S.C. 794, 794a), or the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). The obligations imposed by this part are in addition to those imposed by title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), and the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). ``(b) Free Speech and Expression Laws.--Nothing in this part shall be construed to alter legal standards regarding, or affect the rights (including remedies and procedures) available to individuals under, other Federal laws that establish protections for freedom of speech or expression. ``SEC. 4406. RULE OF CONSTRUCTION. ``Nothing in this part shall be construed to prohibit a State or local entity from enacting any law with respect to the prevention of bullying or harassment of students that is not inconsistent with this part.''. (b) Table of Contents.--The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 4304 the following: ``Part D--Safe Schools Improvement ``Sec. 4401. Purpose. ``Sec. 4402. Anti-bullying policies. ``Sec. 4403. State reports. ``Sec. 4404. Evaluation. ``Sec. 4405. Effect on other laws. ``Sec. 4406. Rule of construction.''.

Safe Schools Improvement Act of 2013 - Amends the Elementary and Secondary Education Act of 1965 to require states to direct their local educational agencies (LEAs) to establish policies that prevent and prohibit conduct, including bullying and harassment, that is sufficiently severe, persistent, or pervasive to: (1) limit students' ability to participate in, or benefit from school programs; or (2) create a hostile or abusive educational environment that adversely affects their education. Requires LEAs to also provide: (1) students, parents, and educational professionals with annual notice of the conduct prohibited in their discipline policies; (2) students and parents with grievance procedures that target such conduct; (3) the public with annual data on the incidence and frequency of that conduct at the school and LEA level; and (4) discipline policies that minimize the removal of students from instruction and prevent disproportionate punishment. Requires: (1) the Secretary of Education to conduct, and report on, an independent biennial evaluation of programs and policies to combat bullying and harassment in elementary and secondary schools; and (2) the Commissioner for Education Statistics to collect state data, that are subject to independent review, to determine the incidence and frequency of the conduct prohibited by LEA discipline policies.

Safe Schools Improvement Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Presidential Succession Act of 2003''. SEC. 2. PRESIDENTIAL SUCCESSION. Section 19 of title 3, United States Code, is amended to read as follows: ``Sec. 19 Vacancy in offices of both President and Vice President; officers eligible to act ``(a) If, by reason of death, resignation, removal from office, inability, or failure to qualify, there is neither a President nor Vice President to discharge the powers and duties of the office of President, then the highest individual on the succession list who is eligible to the office of President under the Constitution, not under disability to discharge the powers and duties of the office of President, and not disqualified under subsection (f), shall act as President. ``(b) An individual acting as President under this section shall continue to so act until the expiration of the then current Presidential term except that-- ``(1) if his discharge of the powers and duties of the office is founded in whole or in part on the failure of both the President-elect and the Vice-President-elect to qualify, then he shall act only until a President or Vice President qualifies; and ``(2) if his discharge of the powers and duties of the office is founded in whole or in part on the inability of the President or Vice President, then he shall act only until the removal of the disability of one of such individuals. ``(c) For purposes of this section, the term `succession list' means the following list: the individual holding the office designated in subsection (d), the individual holding the office designated in subsection (e), the Secretary of State, the Secretary of the Treasury, the Secretary of Defense, the Attorney General, the Secretary of Homeland Security, the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Labor, the Secretary of Health and Human Services, the Secretary of Housing and Urban Development, the Secretary of Transportation, the Secretary of Energy, the Secretary of Education, and the Secretary of Veterans Affairs. ``(d)(1) The President shall submit to the Clerk of the House of Representatives notification in writing of the designation of the office of Speaker of the House of Representatives or the office of Minority Leader of the House of Representatives as the office designated for the purposes of this subsection. ``(2) The notification submitted by the President pursuant to paragraph (1) shall remain in effect until the President submits a later notification pursuant to paragraph (1), and shall not be rendered ineffective by the expiration of any Presidential term. ``(3) Until such time as the President first submits a notification pursuant to paragraph (1), the office of Speaker of the House of Representatives is deemed to be the office designated under this subsection. ``(4) A person acting as Speaker pro tempore shall not be treated for purposes of this section as holding the office of Speaker of the House of Representatives. ``(e)(1) The President shall submit to the Secretary of the Senate a notification in writing of the designation of the office of Majority Leader of the Senate or the office of Minority Leader of the Senate as the office designated for the purposes of this subsection. ``(2) The notification submitted by the President pursuant to paragraph (1) shall remain in effect until the President submits a later notification pursuant to paragraph (1), and shall not be rendered ineffective by the expiration of any Presidential term. ``(3) Until such time as the President first submits a notification pursuant to paragraph (1), the office of Majority Leader of the Senate is deemed to be the office designated under this subsection. ``(f) An individual is disqualified to discharge the powers and duties of the office of President for purposes of this section unless such individual, at the time that such powers and duties devolve upon him, meets the following requirements: ``(1) Such individual resigns the office by virtue of the holding of which he qualifies to act as President. ``(2) In the case of an individual holding the office designated in subsection (d), such individual resigns as a Representative in Congress if such individual is a Representative in Congress. ``(3) In the case of an individual holding the office designated in subsection (e), such individual resigns as a Senator. ``(4) In the case of any individual not identified in subsection (d) or (e), such individual is not awaiting trial or judgment by the Senate after such individual's impeachment by the House of Representatives. ``(g) The rule of subsection (a) shall also apply in the case of the death, resignation, removal from office, or inability of an individual acting as President under this section if, by reason of death, resignation, removal from office, inability, or failure to qualify, there is no Vice President to discharge the powers and duties of the office of President. ``(h) An individual acting as President under this section shall promptly nominate a Vice President upon any vacancy in the office of Vice President. ``(i) During the period that any individual acts as President under this section, his compensation shall be at the rate then provided by law in the case of the President.''.

Presidential Succession Act of 2003 - Revises provisions concerning presidential succession. Requires the President to submit to: (1) the Clerk of the House of Representatives notification in writing of the designation of either the Speaker of the House of Representatives or the office of the Minority Leader of the House as the office designated as the highest on the presidential succession list; and (2) the Secretary of the Senate notification in writing of the designation of either the Office of the Majority Leader of the Senate or the office of the Minority Leader of the Senate as next highest on such list. Includes, following the Attorney General, the Secretary of Homeland Security on the list.

To amend section 19 of title 3, United States Code, to allow the President to choose between possible successors in case of the event that, by reason of certain circumstances, there is neither a President nor Vice President to discharge the powers and duties of the office of President, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Canyon Ferry National Recreation Area Act''. SEC. 2. FINDINGS; PURPOSES. (a) Findings.--Congress finds that-- (1) the Canyon Ferry Unit Dam-- (A) was authorized by the Flood Control Act of 1944 (58 Stat. 891, chapter 665); and (B) is operated by the Bureau of Reclamation; (2) the Canyon Ferry Reservoir-- (A) covers approximately 33,500 acres; (B) has 96 miles of shoreline; (C) encompasses 9,360 acres of developed and undeveloped recreation land; (D) is located approximately 17 miles east of Helena, Montana; and (E) has become an important regional recreation destination; (3) the growing recreational use at the Canyon Ferry Reservoir generates revenue that is important to local economies; and (4) multiple jurisdictions currently manage that important public land. (b) Purposes.--The purposes of this Act are-- (1) to provide high quality recreational facilities and services on the land surrounding the Canyon Ferry Reservoir; (2) to conserve the scenic, scientific, historic, and other resource values contributing to the public use and enjoyment of that land and water; (3) to promote cooperation between the Federal Government and private entities to manage that exceptional resource; (4) to authorize the Secretary to manage certain resources; and (5) to transfer to the Secretary, without consideration, administrative jurisdiction over certain Federal land for management as a unit of the National Forest System. SEC. 3. DEFINITIONS. In this Act: (1) Cooperator.--The term ``cooperator'' means any-- (A) Federal agency; (B) State, local, or tribal government; (C) public or private agency; (D) nonprofit organization; (E) institution (including any educational institution); (F) small or local business; (G) corporation; (H) individual; and (I) other legal entity located within the United States. (2) Dam.--The term ``Dam'' means-- (A) the Canyon Ferry Unit Dam; and (B) any facility relating to the Canyon Ferry Unit Dam. (3) Fund.--The term ``Fund'' means the Canyon Ferry Management Fund established by section 9(a). (4) National forest system land.--The term ``National Forest System land'' means land included in the National Forest System (as defined in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a))). (5) Recreation area.--The term ``Recreation Area'' means the Canyon Ferry National Recreational Area designated by section 4(a). (6) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (7) State.--The term ``State'' means the State of Montana. SEC. 4. ESTABLISHMENT. (a) In General.--Certain Federal land managed by the Forest Service, as generally depicted on the map entitled ``Canyon Ferry National Recreation Area'', dated June 2006, is designated as the ``Canyon Ferry National Recreation Area''. (b) Public Availability.--The map described in subsection (a) shall be filed and made available for public inspection-- (1) in the Office of the Forest Supervisor of the Helena National Forest; and (2) on the Internet. SEC. 5. MANAGEMENT. (a) In General.--Subject to the authority of the Secretary of the Interior under section 6, the Secretary shall manage the Recreation Area to establish and provide for-- (1) public recreational opportunities in the Recreation Area (including hunting and fishing); (2) scenic, scientific, historic, and other resource values contributing to the public use and enjoyment of the Recreation Area; and (3) other uses in the Recreation Area. (b) Applicable Law.--Subject to valid existing rights, the Secretary shall administer the Recreation Area in accordance with laws (including regulations) applicable to units of the National Forest System. (c) Waters.-- (1) Effect.--Nothing in this Act affects the jurisdiction of the Commissioner of Reclamation to manage and regulate water levels that are-- (A) located on the Missouri River; and (B) subject to flowage easements. (2) Limitation of management authority.--The Secretary shall manage all Forest System land in the Recreation Area, as depicted on the map described in section 4(a). (d) Campgrounds and Airports.-- (1) Authority of secretary.--In accordance with section 1005 of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (Public Law 105-277; 112 Stat. 2681- 715), the Secretary of the Interior shall manage-- (A) Indian Road Campground; (B) Cottonwood Campground; and (C) the Canyon Ferry Airport. (2) Existing agreements.--To benefit the interests of the public, the Secretary shall act in accordance with any agreement in existence on the date of enactment of this Act with any organization for the management of-- (A) campgrounds located in the Recreation Area; and (B) marinas located in the Recreation Area. (e) Land Acquisition.--The Secretary may acquire land and interests in land by purchase, exchange, donation, or otherwise, with donated or appropriated funds. (f) Boundaries.--For purposes of section 7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9), the boundary of the Recreation Area shall be considered to be a National Forest boundary that existed as of January 1, 1965. (g) Comprehensive Management Plan.-- (1) Applicable law.--The Secretary shall develop a management plan for the Recreation Area under paragraph (1) in accordance with the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.). (2) Development of plan.--The Secretary may develop a management plan under paragraph (1)-- (A) as a separate document; or (B) in conjunction with the next regular update of the management plan for the Helena National Forest. (3) Applicability.--Nothing in this Act requires an immediate revision or amendment to any plan for any unit of the National Forest System. (4) Use of planning documents.--Until the date on which the Secretary develops a management plan under paragraph (1), the Secretary may use planning documents prepared by the Department of the Interior without further administrative action. (h) Withdrawal.--Subject to valid existing rights, all Federal land located within the Recreation Area is withdrawn from-- (1) all forms of entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws relating to mineral and geothermal leasing. SEC. 6. AUTHORITY OF SECRETARY OF THE INTERIOR. (a) Hydropower Facilities.--The Commissioner of Reclamation shall continue to administer and operate-- (1) the Dam; (2) any power facility relating to the Dam; and (3) any land or facility depicted on the map described in section 4(a). (b) Residential Areas.--Nothing in this Act affects the authority of the Secretary of Interior to carry out title X of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (Public Law 105-277; 112 Stat. 2681-710) as depicted on the map described in section 4(a). SEC. 7. EXISTING AUTHORIZATIONS. (a) In General.--Except as provided in subsections (b) and (c), nothing in this Act affects any authorization in effect as of the date of enactment of this Act made by any department or agency of the Federal Government for the use of land or water located within the Recreation Area (referred to in this section as an ``existing authorization''). (b) Assumption of Existing Authorization.--Not later than 1 year after the date of enactment of this Act, the Secretary shall-- (1) assume the administration of any existing authorization; and (2) manage the existing authorization in accordance with the terms of that existing authorization. (c) Renewal of Existing Authorization.--The renewal of any existing authorization shall be made in accordance with such terms and conditions as the Secretary may prescribe. SEC. 8. COOPERATIVE AGREEMENTS. (a) In General.--Notwithstanding chapter 63 of title 31, United States Code, the Secretary may enter into cooperative agreements (including agreements providing for the sharing of costs of activities or services otherwise authorized by law) with 1 or more cooperators for-- (1) the construction, maintenance, improvement, or operation of any facility not under the jurisdiction of the Administrator of General Services that is located on or in the vicinity of-- (A) land managed by the Forest Service; (B) land administered by any other public entity; or (C) private land; (2) the development, production, publishing, distribution, or sale of educational and interpretive materials and products; (3) the sale, on or in the vicinity of land managed by the Forest Service, of-- (A) health and safety convenience products; (B) photography supplies; or (C) other related items (as determined by the Secretary); (4) the collection, on behalf of the cooperators that are parties to the cooperative agreement, of funds from the sale of-- (A) materials; (B) products; and (C) services; (5) the restoration and maintenance of the ecological integrity of National Forest System land; and (6) the operation and maintenance of any recreation facility located on National Forest System land. (b) Terms and Conditions.-- (1) In general.--Subject to paragraph (2), a cooperative agreement entered into under subsection (a)-- (A) shall, at a minimum, require terms and conditions that protect public investments, including terms and conditions that-- (i) relate to the ownership and operation of any facility or improvement covered by the cooperative agreement; and (ii) are mutually agreed to by the Secretary and the cooperators that are parties to the cooperative agreement; and (B) may provide terms and conditions that describe the manner by which costs shall be shared between the Secretary and the cooperators that are parties to the cooperative agreement, including-- (i) the acceptance of any in-kind contribution; and (ii) the contribution of any volunteer service. (2) Exception.--The Secretary shall not enter into a cooperative agreement under subsection (a) if the purposes described in subsection (a) may be satisfied by-- (A) entering into a procurement contract or providing a grant under chapter 63 of title 31, United States Code; or (B) providing a special use authorization. (c) Treatment of Contribution of Volunteers.--The value of services performed by persons who volunteer services to the Forest Service and who are recruited, trained, and supported by a cooperator that is a party to a cooperative agreement under subsection (a) may be considered to be an in-kind contribution of the cooperator for the purposes of cost sharing under subsection (a). (d) Funds Collected by Cooperators.-- (1) In general.--Funds collected under an agreement under subsection (a) from the sale of materials, products, or programs on behalf of a cooperator shall not be considered to be the property of the United States. (2) Forwarding of funds.--The Secretary shall forward to the appropriate cooperator any funds described in paragraph (1). (e) Advancement or Reimbursement of Funds.-- (1) In general.--Subject to paragraph (2), and in accordance with a cooperative agreement entered into under subsection (a), the Secretary may-- (A) advance or reimburse funds to an appropriate cooperator from any appropriation of the Forest Service that is available for similar work; and (B) furnish to the cooperator any supplies, facilities, or equipment. (2) Conditions for advancement.--The Secretary may advance funds to a cooperator under paragraph (1)(A) if-- (A) the advancement represents the share of the Secretary of any costs, activities, or services under a cooperative agreement entered into under subsection (a); and (B) the cooperator is not obligated to reimburse the Secretary for those costs, activities, or services. SEC. 9. MISCELLANEOUS PROVISIONS. (a) Donations.-- (1) In general.--Notwithstanding any other provision of law, the Secretary may accept donations of funds, property, or services from any-- (A) individual; (B) foundation; (C) corporation; or (D) public entity. (2) Authorized uses.--The Secretary shall use donations of funds, property, or services accepted under paragraph (1) for-- (A) capital improvements in the Recreation Area; (B) facility enhancements and repair of the Recreation Area; (C) operation and maintenance of the Recreation Area; (D) the provision of-- (i) visitor access to the Recreation Area; (ii) visitor services and information relating to the Recreation Area; and (iii) interpretation of and education relating to the Recreation Area; (E) maintenance of trails in proximity to the Recreation Area; (F) ensuring the health and safety needs of visitors of the Recreation Area; (G) habitat restoration relating to wildlife- dependent recreation, including-- (i) hunting; (ii) fishing; (iii) wildlife observation; and (iv) photography; and (H) law enforcement relating to public use of the Recreation Area. (b) Cooperating Associations.--To provide services and facilities consistent with this Act, the Secretary may enter into grants, contracts, and cooperative agreements with-- (1) the Canyon Ferry Foundation; (2) the Helena Forest Foundation; and (3) any other organization. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.

Canyon Ferry National Recreation Area Act - Designates specified federal land in Montana as the Canyon Ferry National Recreation Area and provides for its management and funding.

A bill to establish the Canyon Ferry National Recreation Area in the State of Montana, to establish the Canyon Ferry Recreation Management Fund, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Non-Prescription Drug Modernization Act of 2007''. SEC. 2. AMENDING OR REPEALING MONOGRAPHS. Subchapter E of chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb et seq.) is amended by adding at the end the following: ``SEC. 568. AMENDING OR REPEALING MONOGRAPHS. ``(a) Good Cause.--In applying section 553 of title 5, United States Code, to any amendment to or repeal of a monograph established pursuant to section 330.10 of title 21, Code of Federal Regulations (or any successor regulation), good cause (as such term is used in subsections (b) and (d) of such section 553) is deemed to exist, and notice and public procedure are deemed to be unnecessary (as such term is used in subsection (b) of such section 553), for purposes of making such amendment or repeal if-- ``(1) there is a finding-- ``(A) by the Secretary that the category of drugs or the specific drug involved is associated with a significant risk; or ``(B) by the Secretary, after holding a meeting of an advisory committee of the Food and Drug Administration to evaluate the category of drugs or the specific drug involved, that such category of drugs or specific drug lacks evidence of effectiveness; and ``(2) such amendment or repeal is based, in whole or in part, on such finding. ``(b) Subsequent Comment Period.--After the amendment or repeal of a monograph in accordance with subsection (a), the Secretary may provide a period for public comments on the amendment or repeal and may make additional changes with respect to the monograph to reflect comments received, if determined appropriate by the Secretary.''. SEC. 3. EXPANSION OF FDA'S AUTHORITY TO REGULATE DRUG ADVERTISING. (a) In General.--The Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) is amended-- (1) in section 303(g)(1), by striking ``With respect to'' and all that follows through ``section 351 of the Public Health Service Act,'' and inserting ``With respect to a person who is a holder of an approved application under section 505 or under section 351 of the Public Health Service Act, or a person who is the manufacturer of a drug marketed pursuant to a monograph established pursuant to section 330.10 of title 21, Code of Federal Regulations (or any successor regulation),''; and (2) in section 502(n)-- (A) by striking the term ``prescription drug'' each place such term appears and inserting ``drug''; and (B) by striking ``subject to section 503(b)(1)''. (b) Regulations.--The Commissioner of Food and Drugs shall promulgate such revisions to the regulations under section 502(n) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 352(n)) as may be necessary to carry out the amendments made by subsection (a). (c) Transitional Provisions.-- (1) False or misleading advertisements.--During the period beginning on the date of the enactment of this Act and ending on the effective date of the regulations required by subsection (b), a drug other than a prescription drug is deemed to be misbranded under section 502(n) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 352(n)) if any advertisement or other descriptive printed matter issued or caused to be issued by the manufacturer, packer, or distributer with respect to that drug is false or misleading. (2) Definitions.--The terms used in this subsection have the meanings applicable to those terms in section 502(n) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 352(n)). SEC. 4. IDENTIFICATION AND REPORT ON MONOGRAPHS. (a) Identification.-- (1) In general.--The Commissioner of Food and Drugs (in this section referred to as the ``Commissioner'') shall identify each monograph established pursuant to section 330.10 of title 21, Code of Federal Regulations, that may require further review to determine whether the monograph is in need of amendment or repeal. (2) Public comments.--To assist in the identification of such monographs, the Commissioner shall give interested persons, including medical societies and other entities with expertise on drugs, an opportunity to submit comments. (b) Report.--Not later than 2 years after the date of the enactment of this Act, the Commissioner shall submit a report to the Congress identifying any monographs that, as determined by the Commissioner, may require further review to determine whether such monographs are in need of amendment or repeal. Such report shall include-- (1) an assessment of the resources necessary to conduct such review and make such amendments or repeals; (2) a summary of the comments received under subsection (a)(2); and (3) a listing of the monographs that, as recommended in such comments, are in need of amendment or repeal and the basis for such recommendations. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. To carry out this Act and the amendments made by this Act, there are authorized to be appropriated such sums as may be necessary.

Non-Prescription Drug Modernization Act of 2007 - Amends the Federal Food, Drug, and Cosmetic Act to authorize: (1) the amendment or repeal of an over-the-counter drug monograph without notice and public procedure if there is a finding by the Secretary of Health and Human Services that a category of drugs or a specific drug is associated with a significant risk or that such drugs lack evidence of effectiveness; and (2) the Food and Drug Administration (FDA) to regulate over-the-counter drug advertisements. Directs the Commissioner of Food and Drugs to identify over-the-counter drug monographs that may require amendment or repeal and to report the findings to Congress.

To amend the Federal Food, Drug, and Cosmetic Act to provide for the amendment or repeal of monographs, to expand the Food and Drug Administration's authority to regulate drug advertising, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Workforce Investments through Local Libraries Act'' or the ``WILL Act''. SEC. 2. DEFINITIONS. Section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801) is amended by adding at the end the following: ``(54) Digital literacy skills.--The term `digital literacy skills' has the meaning given the term in section 202 of the Museum and Library Services Act (20 U.S.C. 9101).''. SEC. 3. STATE WORKFORCE INVESTMENT BOARDS. Section 111(b)(1)(C)(v) of the Workforce Investment Act of 1998 (29 U.S.C. 2821(b)(1)(C)(v)) is amended by inserting ``, and heads of public libraries,'' after ``organizations''. SEC. 4. STATE PLAN. Section 112(b)(8)(A) of the Workforce Investment Act of 1998 (29 U.S.C. 2822(b)(8)(A)) is amended-- (1) in clause (ix), by striking ``and'' at the end; and (2) by adding at the end the following: ``(xi) employment and training activities, and adult education and literacy activities (as defined in section 203), provided by public libraries; and''. SEC. 5. LOCAL WORKFORCE INVESTMENT BOARD. Section 117(b)(2)(A)(iv) of the Workforce Investment Act of 1998 (29 U.S.C. 2832(b)(2)(A)(iv)) is amended by striking ``individuals with disabilities and'' and inserting ``public libraries, individuals with disabilities, and''. SEC. 6. LOCAL PLAN. Section 118(b) of the Workforce Investment Act of 1998 (29 U.S.C. 2833(b)) is amended-- (1) by redesignating paragraphs (6) through (10) as paragraphs (7) through (11), respectively; and (2) by inserting after paragraph (5) the following: ``(6) a description of how the local board will coordinate workforce investment activities carried out in the local area with employment and training activities, and adult education and literacy activities (as defined in section 203), provided by public libraries;''. SEC. 7. WORKFORCE INVESTMENT ACTIVITIES PROVIDERS. Section 121 of the Workforce Investment Act of 1998 (29 U.S.C. 2841) is amended-- (1) in subsection (b)(2)(B)-- (A) in clause (iv), by striking ``and'' at the end; (B) by redesignating clause (v) as clause (vi); and (C) by inserting after clause (iv) the following: ``(v) programs of employment and training activities, and adult education and literacy activities (as defined in section 203), provided by public libraries; and''; and (2) in subsection (d)(2)(B)-- (A) in clause (v), by striking ``and'' at the end; (B) by redesignating clause (vi) as clause (vii); and (C) by inserting after clause (v) the following: ``(vi) a public library; and''. SEC. 8. USE OF FUNDS FOR EMPLOYMENT AND TRAINING ACTIVITIES. Section 134(d)(3) of the Workforce Investment Act of 1998 (29 U.S.C. 2864(d)(3)) is amended-- (1) in subparagraph (B)(ii), by striking ``public, private for-profit,'' and inserting ``public service providers, which may include public libraries, private for-profit service providers,''; and (2) in subparagraph (C)(vi), by inserting ``digital literacy skills,'' after ``learning skills,''. SEC. 9. DEMONSTRATION, PILOT, MULTISERVICE, RESEARCH, AND MULTISTATE PROJECTS. Section 171(b)(1) of the Workforce Investment Act of 1998 (29 U.S.C. 2916(b)(1)) is amended-- (1) by redesignating subparagraphs (B) through (H) as subparagraphs (C) through (I), respectively; and (2) by inserting after subparagraph (A) the following: ``(B) the establishment of employment resource centers in public libraries to provide unemployed and underemployed individuals access to workforce investment activities and information related to training services (as defined in section 134(d)(4)) and employment opportunities, which activities may include-- ``(i) resume development activities, job bank internet searches, and workshops on career information; ``(ii) adult education and literacy activities (as defined in section 203); and ``(iii) acquisition of database licenses to improve access to career certification activities and licensing practice tests, and to improve workforce skills;''. SEC. 10. EVALUATIONS. Section 172(a) of the Workforce Investment Act of 1998 (29 U.S.C. 2917(a)) is amended-- (1) in paragraph (6), by striking ``and'' at the end; (2) by redesignating paragraph (7) as paragraph (8); and (3) by inserting after paragraph (6) the following: ``(7) the effectiveness of interagency collaborations and agreements as described in section 196 in expanding access to and improving the quality of such programs and activities; and''. SEC. 11. INTERAGENCY COLLABORATION AND AGREEMENTS. Subtitle E of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2931 et seq.) is amended by adding at the end the following: ``SEC. 196. INTERAGENCY COLLABORATION AND AGREEMENTS. ``(a) Interagency Collaboration.--The Secretary shall collaborate with the heads of relevant Federal departments and agencies, including the Secretary of Education, the Administrator of the Small Business Administration, the Secretary of Health and Human Services, the Secretary of Housing and Urban Development, the Secretary of Agriculture, the Director of the Institute of Museum and Library Services, the Director of the Office of Management and Budget, or the designees of such heads, on initiatives, materials, or technology to support workforce development activities. ``(b) Interagency Agreements.--The Secretary may-- ``(1) enter into interagency agreements to promote or assist with carrying out the workforce investment activities of Federal agencies other than the Department of Labor, on either a reimbursable or nonreimbursable basis; and ``(2) use funds appropriated under this title for the costs of such promotion and assistance.''. SEC. 12. ADULT EDUCATION. Section 231(b) of the Adult Education and Family Literacy Act (20 U.S.C. 9241(b)) is amended by adding at the end the following: ``(4) Programs to promote digital literacy skills, as defined in section 101.''.

Workforce Investments through Local Libraries Act or WILL Act - Amends the Workforce Investment Act of 1998 to define "digital literacy skills" to mean the skills associated with using technology to enable users to find, evaluate, organize, create, and communicate information. Revises requirements for member composition of state and local workforce investment boards to include heads of public libraries. Requires state workforce investment plans to include a description of the procedures states will take to assure coordination of and avoid duplication among employment and training activities, and adult education and literacy activities, provided by public libraries. Requires local workforce investment plans similarly to describe how local boards will coordinate investment activities carried out in the local area with such activities provided by public libraries. Allows a human resource program operated by a one-stop partner to include programs of employment and training activities, and adult education and literacy activities, provided by public libraries. Revises state allotment eligibility requirements to allow public libraries located in local areas to operate as one-stop centers to provide such activities. Allows public libraries, among other appropriate entities, to contract with the one-stop delivery system to deliver intensive services for employment and training for adults and dislocated workers supported by workforce investment funds. Includes development of digital literacy skills among the intensive short-term prevocational services of a one-stop delivery system. Allows demonstration and pilot, multiservice, research, and multistate projects of the Department of Labor for providing employment opportunities and training services to individuals to include the establishment of employment resource centers in public libraries to provide unemployed and underemployed individuals access to workforce investment services related to such opportunities and services. Directs the Secretary of Labor to collaborate on initiatives, materials, or technology to support workforce development activities with the heads of relevant federal departments and agencies, including the Secretary of Education, the Administrator of the Small Business Administration (SBA), the Secretary of Health and Human Services (HHS), the Secretary of Housing and Urban Development (HUD), the Secretary of Agriculture (USDA), the Director of the Institute of Museum and Library Services, and the Director of the Office of Management and Budget (OMB), or their designees. Amends the Adult Education and Family Literacy Act to require an eligible provider receiving a grant or contract to develop, implement, and improve adult education and literacy activities to use the grant or contract to establish or operate one or more programs to promote digital literacy skills.

WILL Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Upper Connecticut River Partnership Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) the upper Connecticut River watershed in the States of New Hampshire and Vermont is a scenic region of historic villages located in a working landscape of farms, forests, and the mountainous headwaters and broad fertile floodplains of New England's longest river, the Connecticut River; (2) the River provides outstanding fish and wildlife habitat, recreation, and hydropower generation for the New England region; (3) the upper Connecticut River watershed has been recognized by Congress as part of the Silvio O. Conte National Fish and Wildlife Refuge, established by the Silvio O. Conte National Fish and Wildlife Refuge Act (16 U.S.C. 668dd note; Public Law 102-212); (4) the demonstrated commitment to stewardship of the River by the citizens living in the watershed led to the Presidential designation of the River as 1 of 14 American Heritage Rivers on July 30, 1998; (5) the River is home to the bi-State Connecticut River Scenic Byway, which was declared a National Scenic Byway by the Department of Transportation in 2005 to foster heritage tourism in the region; (6) each of the legislatures of the States of Vermont and New Hampshire has established a commission for the Connecticut River watershed, and the 2 commissions, known collectively as the ``Connecticut River Joint Commissions''-- (A) have worked together since 1989; and (B) serve as the focal point and catalyst for cooperation between Federal agencies, States, communities, and citizens; (7) in 1997, as directed by the legislatures, the Connecticut River Joint Commissions, with the substantial involvement of 5 bi-State local river subcommittees appointed to represent riverfront towns, produced the 6 volume Connecticut River Corridor Management Plan, to be used as a blueprint in educating agencies, communities, and the public in how to be good neighbors to a great river; (8) in 2009, after 3 years of broad consultation, the Connecticut River Joint Commissions have substantially expanded and published updates via the Connecticut River Recreation Management Plan and the Water Resources Management Plan to guide public and private activities in the watershed; (9) through a joint legislative resolution, the legislatures of the States of Vermont and New Hampshire have requested that Congress provide for continuation of cooperative partnerships and that Federal agencies support the Connecticut River Joint Commissions in carrying out the recommendations of the Connecticut River Corridor Management Plan; (10) this Act effectuates certain recommendations of the Connecticut River Corridor Management Plan that are most appropriately directed by the States through the Connecticut River Joint Commissions, with assistance from the National Park Service and the United States Fish and Wildlife Service; and (11) where implementation of those recommendations involves partnership with local communities and organizations, support for the partnership should be provided by the Secretary. (b) Purpose.--The purpose of this Act is to authorize the Secretary to provide to the States of New Hampshire and Vermont (including communities in those States), through the Connecticut River Joint Commissions, technical and financial assistance for management of the River. SEC. 3. DEFINITIONS. In this Act: (1) River.--The term ``River'' means the Connecticut River. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) State.--The term ``State'' means-- (A) the State of New Hampshire; or (B) the State of Vermont. SEC. 4. CONNECTICUT RIVER GRANTS AND TECHNICAL ASSISTANCE PROGRAM. (a) In General.--The Secretary shall establish a Connecticut River Grants and Technical Assistance Program to provide grants and technical assistance to State and local governments, nonprofit organizations, and the private sector to carry out projects for the conservation, restoration, and interpretation of historic, cultural, recreational, and natural resources in the upper Connecticut River watershed. (b) Criteria.--The Secretary, in consultation with the Connecticut River Joint Commissions, shall develop criteria for determining the eligibility of applicants for, and reviewing and prioritizing applications for, grants or technical assistance under the program. (c) Cost-Sharing.-- (1) Federal share.--The Federal share of the cost of carrying out a grant project under subsection (a) shall not exceed 75 percent. (2) Non-federal share.--The non-Federal share of the cost of a project may be provided in the form of an in-kind contribution of services or materials. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $1,000,000 for each fiscal year.

Upper Connecticut River Partnership Act - Directs the Secretary of the Interior to establish a Connecticut River Grants and Technical Assistance Program to provide grants and technical assistance to the governments of New Hampshire and Vermont, local governments, nonprofits, and the private sector to carry out projects for the conservation, restoration, and interpretation of historic and other resources in the upper Connecticut River watershed. Limits to a maximum of 75% the federal share of the cost of any project funded by a grant under this Act.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Traditional Foods Nourishment Act of 2013''. SEC. 2. DEFINITIONS. In this Act: (1) Alaska native.--The term ``Alaska Native'' means a person who is a member of any Native village, Village Corporation, or Regional Corporation, as those terms are defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602). (2) Food service program.--The term ``food service program'' includes-- (A) food service at a residential child care facility with a license from an appropriate State agency; (B) a child nutrition program (as defined in section 25(b) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769f(b)); (C) food service at a hospital, clinic, or long- term care facility; and (D) a senior meal program. (3) Indian; indian tribe.--The terms ``Indian'' and ``Indian tribe'' have the meanings given those terms in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b). (4) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (5) Traditional food.-- (A) In general.--The term ``traditional food'' means food that has traditionally been prepared and consumed by an Indian tribe. (B) Inclusions.--The term ``traditional food'' includes-- (i) wild game meat; (ii) fish; (iii) seafood; (iv) marine mammals; (v) plants; and (vi) berries. (6) 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. 450b). SEC. 3. FINDINGS; PURPOSES. (a) Findings.--Congress finds that-- (1) consumption of traditional foods is proven to benefit health, physical well-being, and fitness; (2) the National Institutes of Health has indicated that an increase in the consumption of traditional foods results in positive health effects among Alaska Natives; (3) the leading cause of death among Alaska Natives is diet-related health problems resulting in cancer and heart disease; (4) traditional foods such as wild salmon, marine mammals, migratory birds, moose, caribou, berries, and plants can have a positive health impact when consumed regularly; (5) the Department of Agriculture and the Economic Research Center have indicated that food from local sources is proven to be fresher and less processed and to retain more nutrients; (6) providing access to traditional foods in food service programs promotes healthier lifestyles; (7) many patients find that traditional foods provide comfort while undergoing treatment or recovery; (8) opening food service programs to the donation of traditional foods would aid patients receiving care in a public facility physically and mentally during the healing process; (9) food plays an incredibly large part in the culture and lifestyle of a community and expanding traditional food options to school systems would promote more extensive cultural education; (10) by increasing demand for local produce, economic stimulation can occur, furthering the development of local communities; (11) providing local food donations can lower the cost of meal programs in schools, resulting in more financially stable beneficiaries and a reduction in expenditures by the Federal Government on the child nutrition program (as defined in section 25(b) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769f(b)); (12) the program established by this Act would bring communities together; (13) the expansion of opportunities for the donation of traditional foods supports hunters; (14) game hunters are required to harvest all of the edible meat from most large game; and (15) this Act provides a direct opportunity for hunters to donate the meat to food service programs. (b) Purposes.--The purposes of this Act are-- (1) to provide access to traditional foods in food service programs; (2) to encourage increased consumption of traditional foods to decrease health disparities among Indians, particularly Alaska Natives; and (3) to provide alternative food options for food service programs. SEC. 4. SERVICE OF TRADITIONAL FOODS IN FOOD SERVICE PROGRAMS. (a) Program.--Notwithstanding any other provision of law, the Secretary shall allow the donation to and serving of traditional food through a food service program at a public facility or a nonprofit facility, including a facility operated by an Indian tribe or a tribal organization, that primarily serves Indians if the operator of the food service program-- (1) ensures that the food is received whole, gutted, gilled, as quarters, or as a roast, without further processing; (2) makes a reasonable determination that-- (A) the animal was not diseased; (B) the food was butchered, dressed, transported, and stored to prevent contamination, undesirable microbial growth, or deterioration; and (C) the food will not cause a significant health hazard or potential for human illness; (3) carries out any further preparation or processing of the food at a different time or in a different space from the preparation or processing of other food for the applicable program to prevent cross-contamination; (4) cleans and sanitizes food-contact surfaces of equipment and utensils after processing the traditional food; and (5) labels donated traditional food with the name of the food and stores the traditional food separately from other food for the applicable program, including through storage in a separate freezer or refrigerator or in a separate compartment or shelf in the freezer or refrigerator. (b) Liability.-- (1) In general.--The United States, an Indian tribe, and a tribal organization shall not be liable in any civil action for any damage, injury, or death caused to any person by the donation to or serving of traditional foods through a food service program. (2) Rule of construction.--Nothing in paragraph (1) alters any liability or other obligation of the United States under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.).

Traditional Foods Nourishment Act of 2013 - Directs the Secretary of Agriculture to allow the donation to and serving of traditional food through a food service program at a public or nonprofit facility that primarily services Indians if the food service program operator takes specified measures to ensure the safe preparation, processing, and labeling of such food. Includes wild game meat, fish, seafood, marine mammals, plants, and berries as traditional food. States that the United States and an Indian tribe or tribal organization shall not be liable in any civil action for any damage, injury, or death caused to any person by the donation to or serving of traditional foods through a food service program.

Traditional Foods Nourishment Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hurricanes Katrina and Rita Environmental Justice Act''. SEC. 2. DEFINITIONS. For purposes of this Act: (1) Advisory committee.--The term ``Advisory Committee'' means the advisory committee established by section 6. (2) Environmental justice.-- (A) In general.--The term ``environmental justice'' means the fair treatment of people of all races, cultures, and socioeconomic groups with respect to the development, adoption, implementation, and enforcement of laws, regulations, and policies affecting the environment. (B) Fair treatment.--The term ``fair treatment'' means policies and practices that will minimize the likelihood that a minority, low-income community that is rural or urban will bear a disproportionate share of the adverse environmental consequences, or be denied reasonable access to the environmental benefits, resulting from implementation of a Federal program or policy in the Hurricanes Katrina and Rita affected area. (3) Federal agency.--The term ``Federal agency'' means-- (A) each Federal entity represented on the Working Group; (B) any other entity that conducts any Federal program or activity that substantially affects human health or the environment; and (C) each Federal agency that implements any program, policy, or activity applicable to Native Americans. (5) Hurricanes katrina and rita affected area.--The term ``Hurricanes Katrina and Rita affected area'' means the area for which the President has declared the existence of a major disaster, in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170), as a consequence of Hurricanes Katrina and Rita (4) Working group.--The term ``Working Group'' means the interagency working group established by section 4. SEC. 3. HURRICANES KATRINA AND RITA ENVIRONMENTAL JUSTICE RESPONSIBILITIES OF FEDERAL AGENCIES. (a) Hurricanes Katrina and Rita Environmental Justice Mission.--To the greatest extent practicable, the head of each Federal agency shall make achieving environmental justice part of its mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of its programs, policies, and activities on minority, low-income populations that are rural or urban in the Hurricanes Katrina and Rita affected area. (b) Nondiscrimination.--Each Federal agency shall conduct its programs, policies, and activities in a manner that ensures that such programs, policies, and activities do not have the effect of excluding any person or group from participation in, denying any person or group the benefits of, or subjecting any person or group to discrimination under, such programs, policies, and activities, because of race, color, national origin, or income. SEC. 4. HURRICANES KATRINA AND RITA INTERAGENCY ENVIRONMENTAL JUSTICE WORKING GROUP. (a) Creation and Composition.--There is hereby established the Hurricanes Katrina and Rita Interagency Working Group on Environmental Justice, to be comprised the following: (1) The heads of the following executive agencies and offices (or their designees): (A) The Department of Defense. (B) The Department of Health and Human Services. (C) The Department of Housing and Urban Development. (D) The Department of Homeland Security. (E) The Department of Labor. (F) The Department of Agriculture. (G) The Department of Transportation. (H) The Department of Justice. (I) The Department of the Interior. (J) The Department of Commerce. (K) The Department of Energy. (L) The Environmental Protection Agency. (M) The Office of Management and Budget. (2) Not more than 4 representatives of community-based and local nonprofit organizations, designated by the Governors of the States in the Hurricanes Katrina and Rita affected area acting jointly. (3) Not more then 4 State and local civic leaders, designated by the Governors of the States in the Hurricanes Katrina and Rita affected area acting jointly. (4) Not more than 4 elected officials, designated by the Governors of the States in the Hurricanes Katrina and Rita affected area acting jointly. (b) Functions.--The Working Group shall-- (1) provide guidance to Federal and State agencies on criteria for identifying disproportionately high and adverse human health or environmental effects on minority, low-income populations that are rural or urban; (2) coordinate with, provide guidance to, and serve as a clearinghouse for, Federal and State agencies as Federal agencies develop or revise an environmental justice strategy under section 5, in order to ensure that the administration, interpretation, and enforcement of programs, policies, and activities are undertaken in a consistent manner; (3) assist in coordinating research by, and stimulating cooperation among, the Environmental Protection Agency, the Department of Health and Human Services, the Department of Housing and Urban Development, and other Federal agencies conducting research or other activities in accordance with strategies under section 5; (4) assist in coordinating data collection, maintenance, and analysis required by this Act; (5) examine existing data and studies on environmental justice within the Hurricanes Katrina and Rita affected area; (6) hold public meetings and otherwise solicit public participation and consider complaints as required under subsection (c); and (7) develop interagency model projects on environmental justice that evidence cooperation among Federal and State agencies. (c) Public Participation.--The Working Group shall-- (1) hold public meetings and otherwise solicit public participation, as appropriate, for the purpose of fact-finding with regard to implementation of this Act, and prepare for public review a summary of the comments and recommendations provided; and (2) receive, consider, and in appropriate instances conduct inquiries concerning complaints regarding environmental justice and the implementation of this Act by Federal and State agencies. (d) Annual Reports.-- (1) In general.--Each fiscal year following enactment of this Act, the Working Group shall submit to the President, through the Office of the Deputy Assistant to the President for Environmental Policy and the Office of the Assistant to the President for Domestic Policy, a report that describes the implementation of this Act, including, but not limited to, a report on the final environmental justice strategies described in section 5 and annual progress made in implementing those strategies. (2) Copy of report.--The President shall transmit a copy of each report submitted to the President under paragraph (1) to the Speaker of the House of Representatives, the President of the Senate, and the Governor of each State in the Hurricanes Katrina and Rita affected area. SEC. 5. FEDERAL AGENCY STRATEGIES. (a) Agency-Wide Strategies.--Each Federal agency shall develop an agency-wide environmental justice strategy that identifies and addresses disproportionally high and adverse human health or environmental effects or disproportionally low benefits of its programs, policies, and activities with respect to minority, low-income populations that are rural or urban. (b) Revisions.--Each strategy developed pursuant to subsection (a) shall identify programs, policies, planning, and public participation processes, rulemaking, and enforcement activities related to human health or the environment that should be revised to-- (1) promote enforcement of all health and environmental statutes in areas with minority, low-income populations that are rural or urban; (2) ensure greater public participation; (3) improve research and data collection relating to the health and environment of minority, low-income populations that are rural or urban; and (4) identify differential patterns of use of natural resources among minority, low-income populations that are rural or urban. (c) Timetables.--Each strategy developed pursuant to subsection (a) shall include a timetable for undertaking revisions identified pursuant to subsection (b). SEC. 6. FEDERAL HURRICANES KATRINA AND RITA ENVIRONMENTAL JUSTICE ADVISORY COMMITTEE. (a) Establishment.--There is established a committee to be known as the Federal Hurricanes Katrina and Rita Environmental Justice Advisory Committee. (b) Duties.--The Advisory Committee shall provide independent advice and recommendations to the Environmental Protection Agency and the Working Group on areas relating to environmental justice, which may include any of the following: (1) Advice on Federal and State agencies' framework development for integrating socioeconomic programs into strategic planning, annual planning, and management accountability for achieving environmental justice results agency-wide. (2) Advice on measuring and evaluating agencies' progress, quality, and adequacy in planning, developing, and implementing environmental justice strategies, projects, and programs. (3) Advice on agencies' existing and future information management systems, technologies, and data collection, and the conduct of analyses that support and strengthen environmental justice programs in administrative and scientific areas. (4) Advice to help develop, facilitate, and conduct reviews of the direction, criteria, scope, and adequacy of the Federal agencies' scientific research and demonstration projects relating to environmental justice. (5) Advice for improving how the Environmental Protection Agency and others participate, cooperate, and communicate within that agency and between other Federal agencies, State and local governments, environmental justice leaders, interest groups, and the public. (6) Advice regarding the Environmental Protection Agency's administration of grant programs relating to environmental justice assistance (not to include the review or recommendations of individual grant proposals or awards). (7) Advice regarding agencies' awareness, education, training, and other outreach activities involving environmental justice. (c) Advisory Committee.--The Advisory Committee shall be considered an advisory committee within the meaning of the Federal Advisory Committee Act (5 U.S.C. App.). (d) Membership.-- (1) In general.--The Advisory Committee shall be composed of 21 members to be appointed in accordance with paragraph (2). Members shall include representatives of-- (A) community-based groups; (B) industry and business; (C) academic and educational institutions; (D) minority health organizations; (E) State and local governments, federally recognized tribes, and indigenous groups; and (F) nongovernmental and environmental groups. (2) Appointments.--Of the members of the Advisory Committee-- (A) three members shall be appointed by the majority leader of the Senate; (B) three members shall be appointed by the minority leader of the Senate; (C) three members shall be appointed by the Speaker of the House of Representatives; (D) three members shall be appointed by the minority leader of the House of Representatives; (E) two members shall be appointed by the President; and (F) for each State in the Hurricanes Katrina and Rita affected area, one member shall be appointed by the Governor of such State. (e) Meetings.-- (1) In general.--The Advisory Committee shall meet at least twice annually. Meetings shall occur as needed and approved by the Director of the Office of Environmental Justice of the Environmental Protection Agency, who shall serve as the officer required to be appointed under section 10(e) of the Federal Advisory Committee Act (5 U.S.C. App.) with respect to the Committee (in this subsection referred to as the ``Designated Federal Officer''). (2) Travel and per diem expenses.--The Administrator of the Environmental Protection Agency may pay travel and per diem expenses of members of the Advisory Committee when determined necessary and appropriate. (3) Agenda.--The Designated Federal Officer or a designee of such Officer shall be present at all meetings, and each meeting shall be conducted in accordance with an agenda approved in advance by such Officer. (4) Adjournment.--The Designated Federal Officer may adjourn any meeting when the Designated Federal Officer determines it is in the public interest to do so. (5) Open to public.--As required by the Federal Advisory Committee Act, meetings of the Advisory Committee shall be open to the public unless the President determines that a meeting or a portion of a meeting may be closed to the public in accordance with subsection (c) of section 552b of title 5, United States Code. (6) Comments.--Unless a meeting or portion thereof is closed to the public (in accordance with paragraph (5)), the Designated Federal Officer shall provide an opportunity for interested persons to file comments before or after such meeting or to make statements to the extent that time permits.

Hurricanes Katrina and Rita Environmental Justice Act - Defines "environmental justice" to mean the fair treatment of people of all races, cultures, and socioeconomic groups with respect to the development and implementation of laws affecting the environment. Requires the heads of federal agencies to make achieving environmental justice part of their missions by identifying and addressing disproportionately high and adverse effects of its programs on minority, low-income populations in the area affected by Hurricanes Katrina and Rita. Requires agencies to conduct programs in a manner to prevent discrimination. Establishes the Hurricanes Katrina and Rita Interagency Working Group on Environmental Justice. Includes among the functions of the working group providing guidance to federal and state agencies on criteria for identifying effects on such populations. Requires federal agencies to develop agency-wide environmental justice strategies that address disproportionately high and adverse effects or disproportionately low benefits of their programs with respect to minority, low-income populations. Requires such strategies to identify programs that should be revised to: (1) promote enforcement of all health and environmental statutes in areas with such populations; (2) ensure greater public participation; (3) improve research and data collection; and (4) identify differential patterns of use of natural resources among such populations. Establishes the Federal Hurricanes Katrina and Rita Environmental Justice Advisory Committee to provide independent advice and recommendations to the Environmental Protection Agency (EPA) and the Working Group on areas relating to environmental justice.

To ensure environmental justice in the areas affected by Hurricanes Katrina and Rita.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Grand Canyon Capital Improvements Act of 2001''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Fundraising organization. Sec. 4. Memorandum of agreement. Sec. 5. Park surcharge or set-aside. Sec. 6. Use of bond proceeds. Sec. 7. Report. Sec. 8. Regulations. SEC. 2. DEFINITIONS. In this Act: (1) Fundraising organization.--The term ``fundraising organization'' means an entity authorized to act as a fundraising organization under section 3(a). (2) Memorandum of agreement.--The term ``memorandum of agreement'' means a memorandum of agreement entered into by the Secretary under section 3(a) that contains the terms specified in section 4. (3) Park.--The term ``Park'' means the Grand Canyon National Park. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. FUNDRAISING ORGANIZATION. (a) In General.--The Secretary may enter into a memorandum of agreement under section 4 with an entity to act as an authorized fundraising organization for the benefit of the Park. (b) Bonds.--The fundraising organization for the Park shall issue taxable bonds in return for the surcharge or set-aside for the Park collected under section 5. (c) Professional Standards.--The fundraising organization shall abide by all relevant professional standards regarding the issuance of securities and shall comply with all applicable Federal and State law. (d) Audit.--The fundraising organization shall be subject to an audit by the Secretary. (e) No Liability for Bonds.--The United States shall not be liable for the security of any bonds issued by the fundraising organization. SEC. 4. MEMORANDUM OF AGREEMENT. The fundraising organization shall enter into a memorandum of agreement that specifies-- (1) the amount of the bond issue; (2) the maturity of the bonds, not to exceed 20 years; (3) the per capita amount required to amortize the bond issue, provide for the reasonable costs of administration, and maintain a sufficient reserve consistent with industry standards; (4) the project or projects at the Park that will be funded with the bond proceeds and the specific responsibilities of the Secretary and the fundraising organization with respect to each project; and (5) procedures for modifications of the agreement with the consent of both parties based on changes in circumstances, including modifications relating to project priorities. SEC. 5. PARK SURCHARGE OR SET-ASIDE. (a) In General.--Notwithstanding any other provision of law, the Secretary may authorize the Superintendent of the Park-- (1) to charge and collect a surcharge in an amount not to exceed $2 for each individual otherwise subject to an entrance fee for admission to the Park; or (2) to set aside not more than $2 for each individual charged the entrance fee. (b) Surcharge in Addition to Entrance Fees.--The Park surcharge under subsection (a) shall be in addition to any entrance fee collected under-- (1) section 4 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a); (2) the recreational fee demonstration program authorized by section 315 of the Department of the Interior and Related Agencies Appropriations Act, 1996 (as contained in Public Law 104-134; 110 Stat. 1321-156; 1321-200; 16 U.S.C. 460l-6a note); or (3) the national park passport program established under title VI of the National Parks Omnibus Management Act of 1998 (16 U.S.C. 5991 et seq.). (c) Limitation.--The total amount charged or set aside under subsection (a) may not exceed $2 for each individual charged an entrance fee. (d) Use.--A surcharge or set-aside under subsection (a) shall be used by the fundraising organization to-- (1) amortize the bond issue; (2) provide for the reasonable costs of administration; and (3) maintain a sufficient reserve consistent with industry standards, as determined by the bond underwriter. SEC. 6. USE OF BOND PROCEEDS. (a) Eligible Projects.-- (1) In general.--Subject to paragraph (2), bond proceeds under this Act may be used for a project for the design, construction, operation, maintenance, repair, or replacement of a facility in the Park. (2) Project limitations.--A project referred to in paragraph (1) shall be consistent with-- (A) the laws governing the National Park System; (B) any law governing the Park; and (C) the general management plan for the Park. (3) Prohibition on use for administration.--Other than interest as provided in subsection (b), no part of the bond proceeds may be used to defray administrative expenses. (b) Interest on Bond Proceeds.--Any interest earned on bond proceeds may be used by the fundraising organization to-- (1) meet reserve requirements; and (2) defray reasonable administrative expenses incurred in connection with the management and sale of the bonds. SEC. 7. REPORT. (a) In General.--Not later than 2 years after the promulgation of regulations under section 8, the Secretary shall submit to Congress a report on the bond program. (b) Requirements.--The report shall include-- (1) a review of the bond program carried out under this Act at the Park; and (2) recommendations to Congress on whether to establish a bond program at all units of the National Park System. SEC. 8. REGULATIONS. The Secretary, in consultation with the Secretary of Treasury, shall promulgate regulations to carry out this Act.

Grand Canyon Capital Improvements Act of 2001 - Authorizes the Secretary of the Interior to enter into a memorandum of agreement with an entity to act as an authorized fund raising organization for the benefit of the Grand Canyon National Park. Requires the organization to issue taxable bonds in return for a surcharge or set-aside for the Park.Authorizes the Secretary to set aside up to $2 per person from park entrance fees, or to assess an additional $2 per person, to amortize the bond issue, cover the reasonable costs of administration, and maintain a sufficient reserve. Authorizes use of bond proceeds for Park facilities.

A bill to authorize the Secretary of the Interior to set aside up to $2 per person from park entrance fees or assess up to $2 per person visiting the Grand Canyon National Park to secure bonds for capital improvements, and for other purposes.

SECTION 1. REPEALS. (a) In General.-- (1) Sections 962 and 963 of the Energy Policy Act of 2005 (42 U.S.C. 16292, 16293) are repealed. (2) Subtitle A of title IV of the Energy Policy Act of 2005 (42 U.S.C. 15961 et seq.) is repealed. (b) Conforming Amendments.-- (1) Section 703(a)(3) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17251(a)(3)) is amended-- (A) in the matter preceding subparagraph (A), by striking the first and second sentences; and (B) in subparagraph (B), by striking ``including'' in the matter preceding clause (i) and all that follows through the period at the end and inserting ``, including such geologic sequestration projects as are approved by the Secretary''. (2) Section 704 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17252) is amended in the first sentence by striking ``under section 963(c)(3) of the Energy Policy Act of 2005 (42 U.S.C. 16293(c)(3)), as added by section 702 of this subtitle, and''. SEC. 2. ESTABLISHMENT OF COAL TECHNOLOGY PROGRAM. (a) In General.--The Energy Policy Act of 2005 (as amended by section 2) is amended by inserting after section 961 (42 U.S.C. 16291) the following: ``SEC. 962. COAL TECHNOLOGY PROGRAM. ``(a) Definitions.--In this section: ``(1) Large-scale pilot project.--The term `large-scale pilot project' means a pilot project that-- ``(A) represents the scale of technology development beyond laboratory development and bench scale testing, but not yet advanced to the point of being tested under real operational conditions at commercial scale; ``(B) represents the scale of technology necessary to gain the operational data needed to understand the technical and performance risks of the technology before the application of that technology at commercial scale or in commercial-scale demonstration; and ``(C) is large enough-- ``(i) to validate scaling factors; and ``(ii) to demonstrate the interaction between major components so that control philosophies for a new process can be developed and enable the technology to advance from large-scale pilot plant application to commercial scale demonstration or application. ``(2) Program.--The term `program' means the program established under subsection (b). ``(3) Transformational technology.-- ``(A) In general.--The term `transformational technology' means a power generation technology that represents an entirely new way to convert energy that will enable a step change in performance, efficiency, and cost of electricity as compared to the technology in existence on the date of enactment of this Act. ``(B) Inclusions.--The term `transformational technology' includes a broad range of technology improvements, including-- ``(i) thermodynamic improvements in energy conversion and heat transfer, including-- ``(I) pressurized oxygen combustion; ``(II) chemical looping; and ``(III) the replacement of steam cycles with supercritical carbon dioxide cycles; ``(ii) improvements in turbine technology; and ``(iii) improvements in carbon capture systems technology. ``(b) Coal Technology Program.-- ``(1) In general.--The Secretary shall establish a coal technology program to ensure the continued use of the abundant, domestic coal resources of the United States through the development of technologies that will significantly improve the efficiency, effectiveness, costs, and environmental performance of coal use. ``(2) Requirements.--The program shall include-- ``(A) a research and development program; ``(B) large-scale pilot projects; and ``(C) demonstration projects. ``(3) Performance standards.--In consultation with the interested entities described in paragraph (4)(C), the Secretary shall develop performance standards for technologies and the application of those technologies included in the program, taking into consideration the following objectives: ``(A) Ensure reliable, low cost power from new and existing coal plants. ``(B) Have high conversion efficiencies. ``(C) Address emissions of carbon dioxide through high efficiency platforms and carbon capture from new and existing coal plants. ``(D) Support small-scale and modular technologies to enable incremental capacity additions and load growth. ``(E) Support flexible baseload operations for new and existing applications of coal generation. ``(F) Further reduce emissions of criteria pollutants and reduce the use and manage the discharge of water in power plant operations. ``(G) Accelerate the development of technologies that have transformational energy conversion characteristics. ``(H) Validate geologic storage of large volumes of anthropogenic sources of carbon dioxide and the infrastructure needed to support a carbon dioxide use and storage industry. ``(I) Examine methods of converting coal to other valuable products and commodities in addition to electricity. ``(4) Consultations required.--In carrying out the program, the Secretary shall-- ``(A) undertake international collaborations, as recommended by the National Coal Council; ``(B) use existing authorities to encourage international cooperation; and ``(C) consult with interested entities, including-- ``(i) coal producers; ``(ii) industries that use coal; ``(iii) organizations that promote coal and advanced coal technologies; ``(iv) environmental organizations; ``(v) organizations representing workers; and ``(vi) organizations representing consumers. ``(c) Report.-- ``(1) In general.--Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to Congress a report describing the performance standards adopted under subsection (b)(3). ``(2) Update.--Once every 2 years after the initial report is submitted under paragraph (1), the Secretary shall submit to Congress a report describing the progress made towards achieving the objectives and performance standards adopted under subsection (b)(3). ``(d) Funding.-- ``(1) Authorization of appropriations.--There are authorized to be appropriated to the Secretary to carry out this Act, to remain available until expended-- ``(A) $610,000,000 for each of fiscal years 2017 through 2020; and ``(B) $560,000,000 for fiscal year 2021. ``(2) Allocations.--The amounts made available under paragraph (1) shall be allocated as follows: ``(A) For activities under the research and development program component described in subsection (b)(2)(A)-- ``(i) $275,000,000 for each of fiscal years 2017 through 2020; and ``(ii) $200,000,000 for fiscal year 2021. ``(B) For activities under the demonstration projects program component described in subsection (b)(2)(B)-- ``(i) $50,000,000 for each of fiscal years 2017 through 2020; and ``(ii) $75,000,000 for fiscal year 2021. ``(C) For activities under the large-scale pilot projects program component described in subsection (b)(2)(C), $285,000,000 for each of fiscal years 2017 through 2021.''. (b) Cost Sharing for Large-Scale Pilot Projects.--Section 988(c) of the Energy Policy Act of 2005 (42 U.S.C. 16352(c)) is amended-- (1) in paragraph (1), by striking ``paragraph (2)'' and inserting ``paragraphs (2) and (3)''; and (2) by adding at the end the following: ``(3) Cost-sharing for large-scale pilot projects.-- Notwithstanding any other provision of this Act, the cost- sharing requirements under this section shall not apply to the coal technology program established under section 962.''. (c) Conforming Amendment.--The table of contents of the Energy Policy Act of 2005 (42 U.S.C. 15801 note) is amended-- (1) by striking the items relating to sections 962 and 963 and inserting the following: ``Sec. 962. Coal technology program.''; and (2) by striking the items relating to subtitle A of title IV.

This bill amends the Energy Policy Act of 2005 to repeal: (1) the coal and related technologies program; (2) the carbon capture research, development and demonstration program; and (3) the Clean Coal Power Initiative. In lieu of those programs the Department of Energy (DOE) shall establish a coal technology program encompassing: (1) research and development, (2) large-scale pilot projects, and (3) demonstration projects. DOE must develop performance standards that include: ensuring reliable, low cost power from new and existing coal plants; addressing carbon dioxide emissions through high efficiency platforms and carbon capture from new and existing coal plants; support flexible baseload operations for new and existing applications of coal generation; and validate geologic storage of large volumes of anthropogenic sources of carbon dioxide and the infrastructure needed to support a carbon dioxide use and storage industry.

A bill to amend the Energy Policy Act of 2005 to repeal certain programs, to establish a coal technology program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Transportation Job Corps Act of 2008''. SEC. 2. FINDINGS. Congress finds the following: (1) There are millions of young people ages 16 through 24 who are neither in school nor in the labor force. (2) According to a report issued by the Community Service Society in June 2008, entitled ``Out of Focus: A Snapshot of Public Funding to Reconnect Youth to Education and Employment'', the young people described in paragraph (1), often referred to as disconnected youth, are largely youth of color from poor communities and at risk of becoming permanently disengaged from the labor market which threatens their ability to break out of the cycle of poverty and contribute to our economy and communities. (3) When our young people lack the skills that local industries need and are unable to support themselves, we all bear the financial costs. (4) In the coming years, the combination of public transportation industry growth and an aging workforce will produce sizeable new openings in the transit sector. (5) There is no pipeline of replacements on the horizon, and the transit industry has been limited in its ability to attract, recruit, and retain employees. (6) For the existing workforce, new technology is rapidly changing the way transit agencies function, affecting every sector of the workforce, including executive directors, mid- level managers, bus operators, and mechanics, yet relatively few programs exist to provide training to workers so that they can perform their jobs adequately, move up the career ladder, and help the Nation's transit agencies operate at maximum efficiency. SEC. 3. WORKFORCE DEVELOPMENT PROGRAMS. (a) Workforce Development Program.--Title 49, United States Code, is amended-- (1) by striking section 5322; and (2) by inserting the following: ``SEC. 5322. WORKFORCE DEVELOPMENT PROGRAMS. ``(a) Joint Workforce Development Councils.-- ``(1) Establishment.--Not later than 90 days after the date of enactment of the Transportation Job Corps Act of 2008, the Administrator of the Federal Transit Administration shall establish a workforce development council in each of its 10 regions. ``(2) Composition.--The management of each public transit agency and the labor organization representing the majority of employees at each such transit agency in a region shall select one representative for the council established under paragraph (1). The selected individuals from each transit agency shall elect, by majority vote from among members of such council, a governing board for such region, including a co-chairperson from among the representatives from labor and a co-chairperson from among the representatives from management. ``(b) Regional Governing Boards.-- ``(1) Composition of governing boards.--The governing board for each region shall be composed of not more than 10 members elected by the Council pursuant to subsection (a)(2). ``(2) Duties.--The governing board for each region shall-- ``(A) identify skills gaps in transit agency maintenance departments and develop programs to train maintenance employees and fixed route and paratransit operators on a regional basis; ``(B) develop programs to address the recruitment and retention of managerial and nonmanagerial employees; ``(C) initiate relationships with nontransportation sector industries, associations, and groups in the public and private sector to develop best practices in training and skills development and determine appropriate ways to collaborate on behalf of disconnected youth; ``(D) conduct research on transit workforce development issues and develop best practices for recruitment, training, and retention of employees; ``(E) conduct research on the extent of labor market disconnection among disconnected youth and assess the provision of employment services for such youth; ``(F) make recommendations to the Secretary and to public transit agencies regarding how to expand current employment training programs, outreach programs to increase minority and female employment in public transportation activities, and apprenticeship programs; and ``(G) develop programs and make recommendations to public transit agencies to address issues related to workplace quality of life issues, including absenteeism, scheduling, child care, and other issues that may be necessary to improve recruitment and retention of employees. ``(3) Ex officio members.-- ``(A) Possible appointments.--The Administrator may appoint non-voting ex officio members to each regional governing board from among representatives of nonprofit organizations, research organizations, and any other group or individual the Administrator believes would contribute to the board. ``(B) Appointments for international transportation learning center and federal transit administrators.-- The Administrator shall appoint as a non-voting ex- officio member to the regional governing board of the respective region-- ``(i) one or more representatives of the International Transportation Learning Center which administers the transit career ladder training program authorized by section 3046 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (Public Law 109-59); ``(ii) the Federal Transit Administrators of each of the 10 regions; and ``(iii) an individual who has expertise in youth development programs. ``(c) Grant Programs.-- ``(1) In general.--The Secretary, acting through the Administrator and taking into account the recommendations of the governing boards under subsection (a), shall establish grant programs described in subparagraphs (A) through (C) as follows: ``(A) Transit youth opportunity.-- ``(i) Basic skills education and pre- apprenticeship skills.--The Administrator shall accept applications for grants from nonprofit organizations and public or privately funded educational institutions providing academic or technical instruction to encourage and introduce disconnected youth who are out of school and not employed for a period of not less than 6 months to a variety of careers in the transit industry by providing such youths with basic skills education, if necessary, and pre-apprenticeship skills. The Administrator shall give priority for such grants to organizations with a proven record of success in providing disconnected youth with basic education and pre-apprenticeship skills. ``(ii) Apprenticeships.--The Administrator shall accept applications from partnerships of transit agencies and the unions representing non-managerial employees for grants to develop labor-management apprenticeship programs for a variety of transit-related jobs, by giving priority to individuals who have successfully completed a pre-apprenticeship program pursuant to clause (i). ``(B) Transit worker education and retention grants.--The Administrator shall accept applications from partnerships of transit agencies and the unions representing non-managerial employees for grants-- ``(i) to develop education programs in a variety of training settings for transit employees from diverse population groups to maintain and improve job skills and advance a career; and ``(ii) assisting individuals to obtain education and training required to enter the transit profession and advance within such profession, such as by providing career counseling and mentoring. ``(C) Workforce diversity grants.--The Administrator shall accept applications from partnerships of transit agencies and the unions representing non-managerial employees for a grant to develop special projects to increase education opportunities within the transit industry for individuals who are from disadvantaged backgrounds, including racial and ethnic minorities under- represented among transit management, by providing student scholarships or stipends, pre-entry preparation, and retention activities. ``(2) Funding.--In addition to the amounts set forth in section 5315(d), there are authorized to be appropriated-- ``(A) to carry out subsections (a) and (b) $10,000,000 for each of fiscal years 2010 through 2011; and ``(B) to carry out subsection (c) $90,000,000 for each of fiscal years 2010 and 2011. ``(3) Grant requirements.--A grant under this section shall be subject to all requirements of a grant under section 5307. ``(d) Certification.--The Administrator shall develop a category on `Workforce Development' on its annual Certifications and Assurances for Federal Transit Administration Assistance Programs in accordance with section 5323(n), and include such category as one of the areas of certification beginning in fiscal year 2010. Such category shall require transit agencies to develop short-range and long-range planning with regard to workforce development matters, with a particular focus on the recruitment, retention, and training of managerial and non- managerial employees. ``(e) Definition.--For purposes of this section, the term `disconnected youth' means individuals ages 16 through 24 who are out of school and not employed and composed primarily of youth of color from poor communities and at risk of becoming permanently disengaged from the labor market which threatens their ability to break out of the cycle of poverty and contribute to our economy and communities.''.

Transportation Job Corps Act of 2008 - Requires the Administrator of the Federal Transit Administration (FTA) to establish workforce development councils and governing boards in each of its ten regions. Replaces the current discretionary grant and contract programs addressing human resource needs as they apply to public transportation activities. Directs the Secretary of Transportation, acting through the Administrator, to establish programs for the award of grants to: (1) nonprofit organizations and educational institutions to introduce disconnected youth (ages 16 through 24 who are unemployed and out of school) to careers in the transit industry by providing them with basic skills education and pre-apprenticeship skills; (2) partnerships of transit agencies and unions representing non-managerial employees to develop education programs to improve job skills of transit employees and to provide education and training to assist individuals to enter the transit profession; and (3) the same or similar partnerships to develop special projects to increase education opportunities for disadvantaged transit industry individuals, including racial and ethnic minorities underrepresented in transit management, by providing student scholarships, pre-entry preparation, and retention activities.

To amend title 49, United States Code, to expand and improve transit training programs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Swap Jurisdiction Certainty Act''. SEC. 2. JOINT RULEMAKING ON CROSS-BORDER SWAPS. (a) Joint Rulemaking Required.-- (1) In general.--Not later than 270 days after the date of enactment of this Act, the Securities and Exchange Commission and the Commodity Futures Trading Commission shall jointly issue rules setting forth the application of United States swaps requirements of the Securities Exchange Act of 1934 and the Commodity Exchange Act relating to cross-border swaps and security-based swaps transactions involving U.S. persons or non-U.S. persons. (2) Construction.--The rules required under paragraph (1) shall be identical, notwithstanding any difference in the authorities granted the Commissions in section 30(c) of the Securities Exchange Act of 1934 (15 U.S.C. 78dd(c)) and section 2(i) of the Commodity Exchange Act (7 U.S.C. 2(i)), respectively, except to the extent necessary to accommodate differences in other underlying statutory requirements under such Acts, and the rules thereunder. (b) Considerations.--The Commissions shall jointly issue rules that address-- (1) the nature of the connections to the United States that require a non-U.S. person to register as a swap dealer, major swap participant, security-based swap dealer, or major security-based swap participant under each Commission's respective Acts and the regulations issued under such Acts; (2) which of the United States swaps requirements shall apply to the swap and security-based swap activities of non- U.S. persons, U.S. persons, and their branches, agencies, subsidiaries, and affiliates outside of the United States and the extent to which such requirements shall apply; and (3) the circumstances under which a non-U.S. person in compliance with the regulatory requirements of a foreign jurisdiction shall be exempt from United States swaps requirements. (c) Rule in Accordance With APA Required.--No guidance, memorandum of understanding, or any such other agreement may satisfy the requirement to issue a joint rule from the Commissions in accordance with section 553 of title 5, United States Code. (d) General Application to Countries or Administrative Regions Having Nine Largest Markets.-- (1) General application.--In issuing rules under this section, the Commissions shall provide that a non-U.S. person in compliance with the swaps regulatory requirements of a country or administrative region that has one of the nine largest combined swap and security-based swap markets by notional amount in the calendar year preceding issuance of such rules, or other foreign jurisdiction as jointly determined by the Commissions, shall be exempt from United States swaps requirements in accordance with the schedule set forth in paragraph (2), unless the Commissions jointly determine that the regulatory requirements of such country or administrative region or other foreign jurisdiction are not broadly equivalent to United States swaps requirements. (2) Effective date schedule.--The exemption described in paragraph (1) and set forth under the rules required by this section shall apply to persons or transactions relating to or involving-- (A) countries or administrative regions described in such paragraph, or any other foreign jurisdiction as jointly determined by the Commissions, accounting for the five largest combined swap and security-based swap markets by notional amount in the calendar year preceding issuance of such rules, on the date on which final rules are issued under this section; and (B) the remaining countries or administrative regions described in such paragraph, and any other foreign jurisdiction as jointly determined by the Commissions, 1 year after the date on which such rules are issued. (3) Criteria.--In such rules, the Commissions shall jointly establish criteria for determining that one or more categories of regulatory requirements of a country or administrative region described in paragraph (1) or other foreign jurisdiction is not broadly equivalent to United States swaps requirements and shall jointly determine the appropriate application of certain United States swap requirements to persons or transactions relating to or involving such country or administrative region or other foreign jurisdiction. Such criteria shall include the scope and objectives of the regulatory requirements of a country or administrative region described in paragraph (1) or other foreign jurisdiction as well as the effectiveness of the supervisory compliance program administered, and the enforcement authority exercised, by such country or administrative region or other foreign jurisdiction, and such other factors as the Commissions, by rule, jointly determine to be necessary or appropriate in the public interest. (4) Required assessment.--Beginning on the date on which final rules are issued under this section, the Commissions shall begin to jointly assess the regulatory requirements of countries or administrative regions described in paragraph (1), as the Commissions jointly determine appropriate, in accordance with the criteria established pursuant to this subsection, to determine if one or more categories of regulatory requirements of such a country or administrative region or other foreign jurisdiction is not broadly equivalent to United States swaps requirements. (e) Report to Congress.--If the Commissions make the joint determination described in subsection (d)(1) that the regulatory requirements of a country or administrative region described in such subsection or other foreign jurisdiction are not broadly equivalent to United States swaps requirements, the Commissions shall articulate the basis for such a determination in a written report transmitted to the Committee on Financial Services and the Committee on Agriculture of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs and the Committee on Agriculture, Nutrition, and Forestry of the Senate within 30 days of the determination. The determination shall not be effective until the transmission of such report. (f) Definitions.--As used in this Act and for purposes of the rules issued pursuant to this Act, the following definitions apply: (1) The term ``U.S. person''-- (A) means-- (i) any natural person resident in the United States; (ii) any partnership, corporation, trust, or other legal person organized or incorporated under the laws of the United States or having its principal place of business in the United States; (iii) any account (whether discretionary or non-discretionary) of a U.S. person; and (iv) any other person as the Commissions may further jointly define to more effectively carry out the purposes of this Act; and (B) does not include the International Monetary Fund, the International Bank for Reconstruction and Development, the Inter-American Development Bank, the Asian Development Bank, the African Development Bank, the United Nations, their agencies and pension plans, and any other similar international organizations and their agencies and pension plans. (2) The term ``United States swaps requirements'' means the provisions relating to swaps and security-based swaps contained in the Commodity Exchange Act (7 U.S.C. 1a et seq.) and the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) that were added by title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act (15 U.S.C. 8301 et seq.) and any rules or regulations prescribed by the Securities and Exchange Commission and the Commodity Futures Trading Commission pursuant to such provisions. (g) Conforming Amendments.-- (1) Securities exchange act of 1934.--Section 36(c) of the Securities Exchange Act of 1934 (15 U.S.C. 78mm(c)) is amended by inserting ``or except as necessary to effectuate the purposes of the Swap Jurisdiction Certainty Act,'' after ``to grant exemptions,''. (2) Commodity exchange act.--Section 4(c)(1)(A) of the Commodity Exchange Act (7 U.S.C. 6(c)(1)(A)) is amended by inserting ``or except as necessary to effectuate the purposes of the Swap Jurisdiction Certainty Act,'' after ``to grant exemptions,''. Passed the House of Representatives June 12, 2013. Attest: KAREN L. HAAS, Clerk.

(This measure has not been amended since it was reported to the House as amended, Part I, on June 10, 2013. Swap Jurisdiction Certainty Act - Directs the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) to issue jointly rules governing the application of swaps requirements of the Securities Exchange Act of 1934 and the Commodity Exchange Act, relating to cross-border swaps and security-based swaps transactions involving U.S. persons or non-U.S. persons. Requires such rules to be identical (except to the extent necessary to accommodate differences in other underlying statutory requirements), and to address: (1) the nature of the connections to the United States that require a non-U.S. person to register as a swap dealer, major swap participant, security-based swap dealer, or security-based swap participant under each Commission's respective Acts and related regulations; (2) the extent to which U.S. swaps requirements shall apply to the swap and security-based swap activities of non-U.S. persons, U.S. persons, and their branches, agencies, subsidiaries, and affiliates outside the United States; and (3) the circumstances under which a non-U.S. person in compliance with the regulatory requirements of a foreign jurisdiction shall be exempt from U.S. swaps requirements. Directs the Commissions to exempt from U.S. swaps requirements any non-U.S. person in compliance with the swaps regulatory requirements of a country or administrative region having one of the nine largest combined swap and security-based swap markets by notional amount in the calendar year preceding issuance of such rules (unless the Commissions jointly determine that such requirements are not broadly equivalent to U.S. swaps requirements). Requires the Commissions to report to Congress if they determine jointly that the regulatory requirements of such foreign jurisdictions are not broadly equivalent to U.S. swaps requirements.

Swap Jurisdiction Certainty Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Flood Mapping Act of 2005''. SEC. 2. DEFINITIONS. In this Act: (1) Map.--The term ``map'' means a National Flood Insurance Program rate map. (2) Secretary.--The term ``Secretary'' means the Secretary of the Army, acting through the Chief of Engineers. (3) Under secretary.--The term ``Under Secretary'' means the Under Secretary for Emergency Preparedness and Response, acting through the Director of the Federal Emergency Management Agency or a successor official. SEC. 3. IDENTIFICATION OF FLOODPRONE AREAS. (a) In General.--Section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C. 4101) is amended-- (1) in subsection (a), by striking paragraph (2) and inserting the following: ``(2) in cooperation with State and local mapping partners-- ``(A) establish, update, and maintain flood-risk zone data in the areas described in paragraph (1); and ``(B) make estimates with respect to the rates of loss caused by floods in flood-risk zones of each such area.''; (2) in subsection (c), by striking ``to the identification'' and all that follows through the end of the subsection and inserting the following: ``to-- ``(1) the identification and mapping of-- ``(A) flood hazard areas; and ``(B) flood-risk zones; and ``(2) the review and updating of maps in coastal areas.''; and (3) in subsection (g)-- (A) in the first sentence-- (i) by striking ``To promote'' and inserting the following: ``(1) In general.--To promote''; and (ii) by inserting ``and in accordance with paragraph (2)'' after ``free of charge''; and (B) in the second sentence, by striking ``Any receipts'' and inserting the following: ``(2) Requirements.--Flood insurance rate maps and related information shall be made available under paragraph (1)-- ``(A) on the website of the Federal Emergency Management Agency; and ``(B) in a format that-- ``(i) is digital; and ``(ii) is geospatial data-compliant, as determined in accordance with the standards established by the Open Geospatial Consortium. ``(3) Deposit of receipts.--Any receipts''. (b) Termination Date for Technical Mapping Advisory Council.-- Section 576 of the National Flood Insurance Reform Act of 1994 (42 U.S.C. 4101 note; 108 Stat. 2280) is amended-- (1) in subsection (c), by striking paragraph (2) and inserting the following: ``(2) make recommendations to the Director with respect to-- ``(A) performance metrics and milestones to effectively and efficiently map flood risk areas in the United States; and ``(B) procedures for delegating mapping activities to State and local government mapping partners; and''; and (2) by striking subsection (k). SEC. 4. NATIONAL FLOOD MAPPING PROGRAM. (a) Reviewing, Updating, and Maintaining Maps.-- (1) In general.--The Under Secretary, in coordination with the Technical Mapping Advisory Council established under section 576 of the National Flood Insurance Reform Act of 1994 (42 U.S.C. 4101 note; 108 Stat. 2280) (as amended by section 3(b)), shall establish a program under which the Under Secretary shall review, update, and maintain National Flood Insurance Program rate maps in accordance with this subsection. (2) Inclusions.-- (A) Covered areas.--Each map updated under this subsection shall include a depiction of-- (i) the 500-year floodplain; (ii) areas that could be inundated as a result of the failure of a levee, as determined by the Under Secretary; and (iii) areas that could be inundated as a result of the failure of a dam, as identified under the National Dam Safety Program Act (33 U.S.C. 467 et seq.). (B) Other inclusions.--In updating maps under this subsection, the Under Secretary shall include-- (i) any relevant information on coastal inundation from-- (I) an applicable inundation map of the Corps of Engineers; and (II) data of the National Oceanic and Atmospheric Administration relating to storm surge modeling; (ii) any relevant information of the Geographical Service on stream flows, watershed characteristics, and topography that is useful in the identification of flood hazard areas, as determined by the Under Secretary; and (iii) a description of any hazard that might impact flooding, including, as determined by the Under Secretary-- (I) land subsidence and coastal erosion areas; (II) sediment flow areas; (III) mud flow areas; (IV) ice jam areas; and (V) areas on coasts and inland that are subject to the failure of structural protective works, such as levees, dams, and floodwalls. (3) Standards.--In updating and maintaining maps under this subsection, the Under Secretary shall establish standards to-- (A) ensure that maps are adequate for-- (i) flood risk determinations; and (ii) use by State and local governments in managing development to reduce the risk of flooding; and (B) facilitate the Under Secretary, in conjunction with State and local governments, to identify and use consistent methods of data collection and analysis in developing maps for communities with similar flood risks, as determined by the Under Secretary. (4) Hurricanes katrina and rita mapping priority.--In updating and maintaining maps under this subsection, the Under Secretary shall-- (A) give priority to the updating and maintenance of maps of coastal areas affected by Hurricane Katrina or Hurricane Rita to provide guidance with respect to hurricane recovery efforts; and (B) use the process of updating and maintaining maps under subparagraph (A) as a model for updating and maintaining other maps. (5) Authorization of appropriations.--There is authorized to be appropriated to the Under Secretary to carry out this subsection $400,000,000 for each of fiscal years 2006 through 2012. (b) Coastal Winter Storm and Hurricane Area Identification.-- (1) In general.--For purposes of the National Flood Insurance Program, the Secretary shall identify areas that are, or could be, affected by a coastal winter storm or hurricane of each of categories 1 through 5, as rated on the Saffir-Simpson Hurricane Scale, in coastal States that are, or could be, affected by hurricanes, as determined by the Secretary. (2) Authorization of appropriations.--There is authorized to be appropriated to the Chief of Engineers to carry out this subsection $9,000,000, to remain available until expended. (c) Review of Executive Order.--The Comptroller General of the United States shall review the guidance and regulations issued pursuant to Executive Order 11988 (42 Fed. Reg. 26951, May 25, 1977; relating to floodplain management) to-- (1) determine Federal agency compliance with the Executive order; and (2) make recommendations for restricting Federal investment and assistance in floodplains, including activities relating to flood damage recovery. SEC. 5. NATIONAL LEVEE INVENTORY. To identify levees for the National Flood Insurance Program, the Secretary shall maintain and periodically publish an inventory of levees in the United States.

National Flood Mapping Act of 2005 - Amends the National Flood Insurance Act of 1968 to require the Director of the Federal Emergency Management Agency (FEMA) to cooperate with state and local mapping partners in establishing, updating, and maintaining flood-risk zone data and estimating the rates of loss caused by floods in flood-risk zones. Requires specified federal agency heads to give the highest practicable priority in the allocation of manpower and other resources to the review and updating of maps in coastal areas. Requires flood insurance maps and related information to be made available on the FEMA website and in a format that is digital and geospatial data-compliant. Amends the National Flood Insurance Reform Act of 1994 to direct the Technical Mapping Advisory Council to make recommendations to the Director with respect to: (1) performance metrics and milestones to effectively and efficiently map flood risk areas; and (2) procedures for delegating mapping activities to state and local government mapping partners. Makes the Council permanent. Requires the Under Secretary of Homeland Security for Emergency Preparedness and Response, acting through the Director of FEMA or a successor official, to establish a program for review, updating, and maintenance of National Flood Insurance Program rate maps in accordance with this Act. Requires the Secretary of Homeland Security, for purposes of the National Flood Insurance Program, to identify areas that are, or could be, affected by hurricanes. Directs the Comptroller General to review the guidance and regulations issued pursuant to Executive Order 11988 to: (1) determine federal agency compliance with the Order; and (2) make recommendations for restricting federal investment and assistance in floodplains. Directs the Secretary to publish periodically an inventory of levees in the United States.

A bill to provide for the reviewing, updating, and maintenance of National Flood Insurance Program rate maps, and for other purposes.

TITLE I--ELIMINATION OF SOCIAL SECURITY EARNINGS TEST SEC. 101. SHORT TITLE. This title may be cited as the ``Older Americans Freedom to Work Act''. SEC. 102. ELIMINATION OF EARNINGS TEST FOR INDIVIDUALS WHO HAVE ATTAINED RETIREMENT AGE. (a) In General.--Section 203 of the Social Security Act (42 U.S.C. 403) is amended-- (1) in subsection (c)(1), by striking ``the age of seventy'' and inserting ``retirement age (as defined in section 216(l))''; (2) in paragraphs (1)(A) and (2) of subsection (d), by striking ``the age of seventy'' each place it appears and inserting ``retirement age (as defined in section 216(l))''; (3) in subsection (f)(1)(B), by striking ``was age seventy or over'' and inserting ``was at or above retirement age (as defined in section 216(l))''; (4) in subsection (f)(3)-- (A) by striking ``33\1/3\ percent'' and all that follows through ``any other individual,'' and inserting ``50 percent of such individual's earnings for such year in excess of the product of the exempt amount as determined under paragraph (8),''; and (B) by striking ``age 70'' and inserting ``retirement age (as defined in section 216(l))''; (5) in subsection (h)(1)(A), by striking ``age 70'' each place it appears and inserting ``retirement age (as defined in section 216(l))''; and (6) in subsection (j)-- (A) in the heading, by striking ``Age Seventy'' and inserting ``Retirement Age''; and (B) by striking ``seventy years of age'' and inserting ``having attained retirement age (as defined in section 216(l))''. (b) Conforming Amendments Eliminating the Special Exempt Amount for Individuals Who Have Attained Retirement Age.-- (1) Uniform exempt amount.--Section 203(f)(8)(A) of the Social Security Act (42 U.S.C. 403(f)(8)(A)) is amended by striking ``the new exempt amounts (separately stated for individuals described in subparagraph (D) and for other individuals) which are to be applicable'' and inserting ``a new exempt amount which shall be applicable''. (2) Conforming amendments.--Section 203(f)(8)(B) of the Social Security Act (42 U.S.C. 403(f)(8)(B)) is amended-- (A) in the matter preceding clause (i), by striking ``Except'' and all that follows through ``whichever'' and inserting ``The exempt amount which is applicable for each month of a particular taxable year shall be whichever''; (B) in clauses (i) and (ii), by striking ``corresponding'' each place it appears; and (C) in the last sentence, by striking ``an exempt amount'' and inserting ``the exempt amount''. (3) Repeal of basis for computation of special exempt amount.--Section 203(f)(8)(D) of the Social Security Act (42 U.S.C. (f)(8)(D)) is repealed. (c) Additional Conforming Amendments.-- (1) Elimination of redundant references to retirement age.--Section 203 of the Social Security Act (42 U.S.C. 403) is amended-- (A) in subsection (c), in the last sentence, by striking ``nor shall any deduction'' and all that follows and inserting ``nor shall any deduction be made under this subsection from any widow's or widower's insurance benefit if the widow, surviving divorced wife, widower, or surviving divorced husband involved became entitled to such benefit prior to attaining age 60.''; and (B) in subsection (f)(1), by striking clause (D) and inserting the following: ``(D) for which such individual is entitled to widow's or widower's insurance benefits if such individual became so entitled prior to attaining age 60,''. (2) Conforming amendment to provisions for determining amount of increase on account of delayed retirement.--Section 202(w)(2)(B)(ii) of the Social Security Act (42 U.S.C. 402(w)(2)(B)(ii)) is amended-- (A) by striking ``either''; and (B) by striking ``or suffered deductions under section 203(b) or 203(c) in amounts equal to the amount of such benefit''. (3) Provisions relating to earnings taken into account in determining substantial gainful activity of blind individuals.--The second sentence of section 223(d)(4)(A) of the Social Security Act (42 U.S.C. 423(d)(4)(A)) is amended by striking ``if section 102 of the Senior Citizens' Right to Work Act of 1996 had not been enacted'' and inserting the following: ``if the amendments to section 203 made by section 102 of the Senior Citizens' Right to Work Act of 1996 and by the Senior Citizens' Freedom to Work Act of 1999 had not been enacted''. (d) Effective Date.--The amendments and repeals made by this section shall apply with respect to taxable years ending after December 31, 1998. TITLE II--PROTECTING AND PRESERVING THE SOCIAL SECURITY TRUST FUNDS SEC. 201. SHORT TITLE. This title may be cited as the ``Protecting and Preserving the Social Security Trust Funds Act''. SEC. 202. FINDINGS. Congress finds that-- (1) the $69,246,000,000 unified budget surplus achieved in fiscal year 1998 was entirely due to surpluses generated by the social security trust funds and the cumulative unified budget surpluses projected for subsequent fiscal years are primarily due to surpluses generated by the social security trust funds; (2) Congress and the President should not use the social security trust funds surpluses to balance the budget or fund existing or new non-social security programs; (3) all surpluses generated by the social security trust funds must go towards saving and strengthening the social security system; and (4) at least 62 percent of the on-budget (non-social security) surplus should be reserved and applied to the social security trust funds. SEC. 203. PROTECTION OF THE SOCIAL SECURITY TRUST FUNDS. (a) Protection by Congress.-- (1) Reaffirmation of support.--Congress reaffirms its support for the provisions of section 13301 of the Budget Enforcement Act of 1990 that provides that the receipts and disbursements of the social security trust funds shall not be counted for the purposes of the budget submitted by the President, the congressional budget, or the Balanced Budget and Emergency Deficit Control Act of 1985. (2) Protection of social security benefits.--Balances in the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund shall be used solely for paying social security benefit payments as promised to be paid by law. (b) Points of Order.--Section 301 of the Congressional Budget Act of 1974 is amended by adding at the end the following: ``(j) Social Security Point of Order.--It shall not be in order in the Senate to consider a concurrent resolution on the budget, an amendment thereto, or a conference report thereon that violates section 13301 of the Budget Enforcement Act of 1990. ``(k) Social Security Surplus Protection Point of Order.--It shall not be in order in the Senate to consider a concurrent resolution on the budget, an amendment thereto, or a conference report thereon that would cause or increase an on-budget deficit for any fiscal year. ``(l) Subsequent Legislation.-- ``(1) In general.--It shall not be in order in the Senate to consider any bill, joint resolution, amendment, motion, or conference report if-- ``(A) the enactment of the bill or resolution as reported; ``(B) the adoption and enactment of that amendment; or ``(C) the enactment of the bill or resolution in the form recommended in the conference report; would cause or increase an on-budget deficit for any fiscal year. ``(2) Exception to point of order.--This subsection shall not apply to social security reform legislation that would protect the social security system from insolvency and preserve benefits as promised to beneficiaries.''. (c) Supermajority Waiver and Appeal.--Subsections (c)(1) and (d)(2) of section 904 of the Congressional Budget Act of 1974 are amended by striking ``305(b)(2),'' and inserting ``301(j), 301(k), 301(l), 305(b)(2)''. SEC. 204. SEPARATE BUDGET FOR SOCIAL SECURITY. (a) Exclusion.--The outlays and receipts of the social security program under title II of the Social Security Act, including the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund and the related provisions of the Internal Revenue Code of 1986, shall be excluded from-- (1) any official documents by Federal agencies regarding the surplus or deficit totals of the budget of the Federal Government as submitted by the President or of the surplus or deficit totals of the congressional budget; and (2) any description or reference in any official publication or material issued by any other agency or instrumentality of the Federal Government. (b) Separate Budget.--The outlays and receipts of the social security program under title II of the Social Security Act, including the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund and the related provisions of the Internal Revenue Code of 1986, shall be submitted as a separate budget. SEC. 205. PRESIDENT'S BUDGET. Section 1105(f) of title 31, United States Code, is amended by striking ``in a manner consistent'' and inserting ``in compliance''. TITLE III--SAVING SOCIAL SECURITY FIRST SEC. 301. DESIGNATION OF ON-BUDGET SURPLUS. (a) In General.--Notwithstanding any other provision of law, not less than the amount referred to in subsection (b) for a fiscal year shall be reserved for and applied to the social security trust funds for that fiscal year in addition to the social security trust fund surpluses. (b) Amount Reserved.--The amount referred to in this subsection is-- (1) for fiscal year 2001, $6,820,000,000; (2) for fiscal year 2002, $36,580,000,000; (3) for fiscal year 2003, $31,620,000,000; (4) for fiscal year 2004, $42,160,000,000; (5) for fiscal year 2005, $48,980,000,000; (6) for fiscal year 2006, $71,920,000,000; (7) for fiscal year 2007, $83,080,000,000; (8) for fiscal year 2008, $90,520,000,000; and (9) for fiscal year 2009, $102,300,000,000. SEC. 302. SENSE OF THE SENATE ON DEDICATING ADDITIONAL SURPLUS AMOUNTS. It is the sense of the Senate if the budget surplus in future years is greater than the currently projected surplus, serious consideration should be given to directing more of the surplus to strengthening the social security trust funds.

TABLE OF CONTENTS: Title I: Elimination of Social Security Earnings Test Title II: Protecting and Preserving the Social Security Trust Funds Title I: Elimination of Social Security Earnings Test - Older Americans Freedom to Work Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to remove the limitation on the amount of outside income which beneficiaries who have attained retirement age may earn (earnings test) without incurring a reduction in benefits. Title II: Protecting and Preserving the Social Security Trust Funds - Protecting and Preserving the Social Security Trust Funds Act - Declares that Congress reaffirms its support for section 13301 of the Omnibus Budget Reconciliation Act of 1990, which provides that the receipts and disbursements of the Social Security Trust Funds shall not be counted for the purposes of the budget submitted by the President, the congressional budget, or the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). (Sec. 203) Amends the Congressional Budget Act of 1974 to declare out of order in the Senate consideration of any concurrent resolution on the budget (or an amendment or a conference report on the resolution) that violates section 13301 of the Budget Enforcement Act of 1990. Provides a point of order in the Senate against consideration of any concurrent budget resolution (or an amendment or a conference report on the resolution) that would cause or increase an on-budget deficit for any fiscal year. Makes it out of order in the Senate to consider any bill, joint resolution, amendment, motion, or conference report if the enactment of the reported bill or resolution, the adoption and enactment of an amendment, or the enactment of a bill or resolution in the form recommended in the conference report would cause or increase an on-budget deficit for any fiscal year. Makes such point of order inapplicable to social security reform legislation that would protect the social security system from insolvency and preserve benefits as promised to beneficiaries. Authorizes a waiver or suspension in the Senate of points of order under this title only with a three-fifths majority. Requires the same majority to sustain an appeal on a ruling on such points of order. (Sec. 204) Requires any official Federal Government statement of the Federal or congressional budget surplus or deficit totals to exclude the outlays and receipts of the Federal Old-Age and Survivors Trust Fund and the Federal Disability Insurance Trust Fund under title II of the Social Security Act and related provisions of the Internal Revenue Code. Requires such outlays and receipts to be submitted in separate social security budget documents. (Sec. 205) Requires the President's budget to comply with certain congressional budget rules. Title III: Saving Social Security First - Requires that specified amounts, from non-social security on-budget surpluses, for FY 2001 through 2009, be transferred to the social security trust funds, in addition to the surpluses in those Funds. (Sec. 302) Expresses the sense of the Senate that, if the budget surplus in future years is greater than the currently projected surplus, serious consideration should be given to directing more of the surplus to strengthening the social security trust funds.

A bill to eliminate the social security earnings test for individuals who have attained retirement age, to protect and preserve the social security trust funds, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Counterterrorism Screening and Assistance Act of 2017''. SEC. 2. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Commerce, Science, and Transportation of the Senate; (B) the Committee on Foreign Relations of the Senate; (C) the Committee on Homeland Security and Governmental Affairs of the Senate; (D) the Committee on the Judiciary of the Senate; (E) the Committee on Foreign Affairs of the House of Representatives; (F) the Committee on Homeland Security of the House of Representatives; and (G) the Committee on the Judiciary of the House of Representatives. (2) Foreign terrorist organization.--The term ``foreign terrorist organization'' means an organization that is designated by the Secretary of State as a foreign terrorist organization pursuant to section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)). (3) Nonhumanitarian, nontrade-related foreign assistance.-- The term ``nonhumanitarian, nontrade-related foreign assistance'' has the meaning given the term in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102). SEC. 3. FOREIGN PARTNER ENGAGEMENT PLAN. (a) Findings.--Consistent with the final report of the Committee on Homeland Security of the House of Representatives's bipartisan Task Force on Combating Terrorist and Foreign Fighter Travel, Congress makes the following findings: (1) It is important for the national security of the United States to assist foreign partners in closing security gaps that may allow terrorists and foreign fighters to avoid detection while traveling internationally. (2) Building foreign partner capacity to combat terrorist travel helps extend the United States security beyond its border to mitigate threats before they reach the United States. (3) Since the attacks on September 11, 2001, United States Government departments and agencies have spent billions of dollars helping foreign partners improve their security against terrorist travel, including by providing such partners with technical assistance, equipment, training, and other tools. (4) The lack of a United States Government-wide, risk-based approach increases the likelihood that-- (A) systematic security gaps abroad will persist; and (B) the United States Government will not maximize its response efforts to close such gaps. (5) Failure to effectively coordinate capacity-building activities also increases the likelihood of overlap, waste, and unnecessary duplication between the United States and international programs. (b) Sense of Congress.--It is the sense of Congress that-- (1) the United States Government must ensure capacity- building assistance is coordinated-- (A) among United States Government departments and agencies; and (B) with foreign implementing partners; and (2) such assistance should be prioritized for the highest- risk countries for travel by terrorists and foreign fighters. (c) Plan.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, and every two years thereafter in conjunction with the President's budget submission to Congress under section 1105 of title 31, United States Code, until 2023, the Secretary of State, in accordance with the protection of intelligence sources and methods, shall develop and submit to the appropriate congressional committees unclassified and classified versions of a foreign partner engagement plan, which-- (A) catalogs existing capacity-building initiatives abroad to combat travel by terrorists and foreign fighters; and (B) identifies areas for adjustment to align ongoing efforts with risk-based priorities. (2) Coordination and consultation.--The plan required under paragraph (1) shall be developed in coordination with all relevant United States Government departments and agencies and in consultation with the Secretary of Homeland Security, the Secretary of the Treasury, the Secretary of Defense, the Attorney General, the Director of National Intelligence, and the Director of the Federal Bureau of Investigation. (3) Contents.--The plan required under paragraph (1) shall-- (A) include an assessment of the countries of greatest concern and risk for travel to the United States by members of foreign terrorist organizations and foreign fighters, which may be based on the minimum standards described in section 5(b) and other factors, as appropriate, including-- (i) the number of flights to the United States that originate from last points of departure in each country; (ii) visa waiver program status or visa application and denial rates for each country; (iii) recent threats, terrorist and foreign fighter travel trends, and the overall terror threat environment in each country; and (iv) other criteria identified by the Secretary of State and the Secretary of Homeland Security; (B) detail existing United States Government programs, projects, and activities intended to build the capacity of such countries to combat travel by terrorists and foreign fighters, including estimated spending levels by country, to the extent practicable; and (C) outline a plan for prioritizing United States Government resources toward countries referred to in subparagraph (A), including-- (i) efforts that should be reformed, consolidated, or eliminated; and (ii) new programs, projects, or activities that are requested, being planned, or are undergoing implementation and the costs associated with such programs, projects, or activities. SEC. 4. SHARING SYSTEMS AND EQUIPMENT TO OBSTRUCT TRAVEL BY TERRORISTS AND FOREIGN FIGHTERS. (a) Border Security and Counterterrorism Screening Tools.-- (1) In general.--Subject to paragraph (2) and subsection (d), the Secretary of Homeland Security and the Secretary of State shall provide foreign governments, to the extent practicable, appropriate versions of-- (A) U.S. Customs and Border Protection's global travel targeting and analysis systems; and (B) the Department of State's watchlisting, identification, and screening systems. (2) Prioritization.--The Secretary of Homeland Security and the Secretary of State shall provide the systems specified in paragraph (1) to countries referred to in section 3(c)(3)(A) before such systems are provided to other countries. (b) Equipment Transfer.-- (1) Defined term.--In this subsection, the term ``excess nonlethal equipment and supplies'' means equipment and supplies that the Secretary of Homeland Security determines-- (A) are not required for United States domestic operations; or (B) would be more effective to homeland security if deployed for use outside of the United States. (2) Authorization.--Subject to paragraphs (3) and (8), the Secretary of Homeland Security may provide excess nonlethal equipment and supplies to a foreign government, with or without reimbursement, if the Secretary determines such action would-- (A) further the homeland security interests of the United States; and (B) enhance the recipient government's capacity-- (i) to mitigate the risk or threat of terrorism, infectious disease, or natural disaster; (ii) to protect and expedite lawful trade and travel; or (iii) to enforce intellectual property rights. (3) Limitation on transfer.--In carrying out paragraph (2), the Secretary of Homeland Security may not provide any foreign country with-- (A) any equipment or supplies that are designated as items on the United States Munitions List pursuant to section 38 of the Arms Export Control Act (22 U.S.C. 2778); or (B) any vessel or aircraft. (4) Related training.--In conjunction with the provision of equipment or supplies pursuant to paragraph (1), the Secretary of Homeland Security may provide such training and assistance as the Secretary determines to be necessary to use or operate such equipment or supplies. (5) Maintenance of transferred equipment.--The Secretary of Homeland Security may provide for the maintenance of transferred equipment or supplies through service contracts or other means, with or without reimbursement, as the Secretary determines appropriate. (6) Reimbursement of expenses.--The Secretary of Homeland Security may collect payment from a recipient government under this subsection for the provision of training, shipping costs, supporting materials, maintenance, supplies, or other assistance in support of equipment or supplies provided under this subsection. (7) Receipts credited as offsetting collections.-- Notwithstanding section 3302 of title 31, United States Code, any amount collected under this subsection-- (A) shall be credited as offsetting collections, subject to appropriations, to the account that finances the activities and services for which the payment is received; and (B) shall remain available until expended for homeland security. (8) Concurrence.--The Secretary of Homeland Security may exercise the authority under this subsection only with the concurrence of the Secretary of State. (9) Rule of construction.--Nothing in this subsection may be construed as affecting, augmenting, or diminishing the authority of the Secretary of State. (c) Notification to Congress.-- (1) In general.--Not later than 15 days before providing any systems, equipment, or supplies under this section, the Secretary of Homeland Security and Secretary of State shall notify the appropriate congressional committees in accordance with paragraph (2). (2) Contents.--Each notification under paragraph (1) shall include-- (A) the specific vulnerability that will be mitigated by the provision of the systems, equipment, or supplies under this section; (B) an explanation for the recipient's inability or unwillingness to independently acquire such systems, equipment, or supplies; (C) an evacuation plan for any sensitive technologies in case of emergency or instability in the country to which such systems or equipment or supplies is being provided; (D) how the United States Government will ensure that such systems or equipment or supplies are being maintained appropriately and used as intended; and (E) the total monetary value of such systems, equipment, and supplies. (d) Rule of Construction.-- (1) Defined term.--In this subsection, the term ``Export Administration Regulations'' means-- (A) the Export Administration Regulations maintained and amended under the authority of the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) and codified in subchapter C of chapter VII of title 15, Code of Federal Regulations; and (B) any successor regulations. (2) Restriction.--The authority provided under this section shall be exercised in accordance with applicable provisions of the Arms Export Control Act (22 U.S.C. 2751 et seq.), the Export Administration Regulations, and any other similar provision of law. SEC. 5. ACTIONS WITH RESPECT TO FOREIGN COUNTRIES THAT FAIL TO MEET MINIMUM STANDARDS FOR SERIOUS AND SUSTAINED EFFORTS TO COMBAT TERRORIST AND FOREIGN FIGHTER TRAVEL. (a) Reports to Congress.-- (1) In general.--Not later than April 30 of each year through 2022, the Secretary of State, in coordination with the Secretary of Homeland Security, shall submit to the appropriate congressional committees a report, in unclassified or classified form, that describes-- (A) the status of efforts of foreign governments to combat terrorist and foreign fighter travel, including an update to the foreign partner engagement plan required under section 3(c); and (B) relevant United States Government actions taken to help countries comply with minimum standards for serious and sustained efforts to combat terrorist and foreign fighter travel, such as the minimum standards described in subsection (b). (2) Inclusion in country reports on terrorism.--To the extent practicable, the Secretary of State, in coordination with the Secretary of Homeland Security, should incorporate the reports required under paragraph (1) into the annual country reports on terrorism submitted pursuant to section 140 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f). (b) Minimum Standards Described.--The minimum standards for serious and sustained efforts to combat terrorist and foreign fighter travel applicable to the government of a foreign country include-- (1) making meaningful efforts to identify and monitor terrorists and foreign fighters operating within the territory of the country; (2) regularly exchanging substantive counterterrorism information with other foreign governments, including the United States Government, through bilateral or multilateral channels and international organizations such as INTERPOL; (3) cooperating with other foreign governments in the investigation and prosecution of terrorists and foreign fighters; (4) implementing effective border controls or participating in an existing border-crossing control regime that has been determined by the United States Government to employ effective border-crossing oversight; (5) having controls and systems in place to prevent and report upon counterfeiting, forgery, and fraudulent use or possession of false, stolen, or lost identity papers and travel documents; (6) collecting air passenger data and employs evidence- based traveler risk assessment and screening procedures, including the collection and analysis of travel data; (7) appropriately screening travelers, including vetting travelers at air, sea, and land ports of entry, against counterterrorism and other criminal databases, as appropriate; (8) submitting information to INTERPOL databases and screening travelers against INTERPOL databases at ports of entry and exit; (9) establishing and implementing domestic laws criminalizing material support to foreign terrorist organizations and having the ability and willingness to prosecute cases involving such material support to foreign terrorist organizations; (10) taking measures to prevent individuals in its territory from traveling abroad to enlist with or provide material support to foreign terrorist organizations; (11) taking measures to ensure a minimal level of corruption and likelihood that corruption could impact the veracity of security and intelligence reporting from the country, a minimal likelihood that such corruption could adversely affect the legitimacy of national identity papers of the country, and not sheltering suspects from investigation and prosecution; and (12) not being classified as a high-risk program country under section 217(c)(12) of the Immigration and Nationality Act (8 U.S.C. 1187(c)(12)). (c) Suspension of Assistance.--The Secretary of State, in consultation with the Secretary of Homeland Security and the heads of other Federal agencies, as appropriate, is authorized to suspend nonhumanitarian, nontrade-related foreign assistance to the government of any foreign country that is not making significant efforts to comply with the minimum standards for serious and sustained efforts to combat terrorist and foreign fighter travel described in subsection (b). SEC. 6. NO ADDITIONAL FUNDS AUTHORIZED. No additional funds are authorized to carry out the requirements of this Act. Such requirements shall be carried out using amounts otherwise authorized.

Counterterrorism Screening and Assistance Act of 2017 This bill expresses the sense of Congress that: (1) the U.S. government must ensure that capacity-building assistance to combat terrorist travel is coordinated among agencies as well as with foreign implementing partners, and (2) such assistance should be prioritized for the highest-risk countries for travel by terrorists and foreign fighters. The Department of State shall submit to Congress biennially a foreign partner engagement plan that catalogues existing capacity-building initiatives abroad to combat travel by terrorists and foreign fighters and identifies areas for adjustment to align efforts with risk-based priorities. The Department of Homeland Security (DHS) and the State Department shall provide appropriate versions of the following systems to foreign governments: U.S. Customs and Border Protection's global travel targeting and analysis systems; and the State Department's watchlisting, identification, and screening systems. DHS may provide, with specified exceptions, excess DHS nonlethal equipment and supplies (as well as related training) to a foreign government if such action would: further U.S. homeland security interests; and enhance the recipient government's capacity to mitigate the threat of terrorism, infectious disease or natural disaster, protect lawful trade and travel, or enforce intellectual property rights. DHS shall notify Congress before providing such systems, equipment, or supplies. The State Department: (1) shall report to Congress annually through 2022 on foreign government efforts to combat terrorist and foreign fighter travel and on U.S. actions to help countries comply with minimum standards for such efforts, and (2) may suspend non-humanitarian, non-trade-related foreign assistance to a country that is not making significant efforts to comply with such minimum standards.

Counterterrorism Screening and Assistance Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission on Affordable Health Care Act of 2008''. SEC. 2. COMMISSION ON AFFORDABLE HEALTH CARE. (a) Establishment of Commission.-- (1) Establishment.--There is established in the legislative branch a commission to be known as the ``Commission on Affordable Health Care'' (in this section referred to as the ``Commission''). (2) Duties.--The Commission shall conduct a comprehensive study of potential models for a health care system to provide affordable (as determined by the Commission) and quality health care to all citizens of the United States and based on such study shall make recommendations for implementing such a system, including recommendations for the role of and relationships between the Federal government, State governments, health care providers, and other appropriate health care industry entities in providing such health care under such a system. (3) Applicability of certain administrative laws.-- (A) FOIA.--The provisions of section 552 of title 5, United States Code (commonly referred to as the ``Freedom of Information Act''), shall apply to the activities of the Commission under this section. (B) Federal records act.--The provisions of title 44, United States Code, shall apply to the records, documents, and other papers of the Commission under this section. (b) Structure and Membership of the Commission.-- (1) Number and appointment.--The Commission shall be composed of not more than 19 members and shall include at least the following: (A) The Chairman of the Committee on Energy and Commerce of the House of Representatives. (B) The Chairman of the Committee on Ways and Means of the House of Representatives. (C) The Chairman of the Committee on Finance of the Senate. (D) The Chairman of the Committee on Health, Education, Labor, and Pensions of the Senate. (E) One representative for each of the following interested entities: (i) Patient advocates. (ii) Hospitals. (iii) Physicians. (iv) Medical devices. (v) Pharmaceutical companies. (vi) Nurses. (vii) The National Governors Association. (viii) The Department of Health and Human Services. (ix) The White House. (x) Labor unions. (xi) The Chamber of Commerce. (xii) Any other appropriate interested entity identified by the co-chairmen of the Commission. (2) Co-chairmen of the commission.--The co-chairmen of the Commission shall include only each chairman described in each of subparagraphs (A) through (D) of paragraph (1). (3) Continuation of membership.--If a member was appointed to the Commission as a Member of Congress and the member ceases to be a Member of Congress, or was appointed to the Commission because the member was not an officer or employee of any government and later becomes an officer or employee of a government, that member may continue as a member for not longer than the 60-day period beginning on the date that member ceases to be a Member of Congress, or becomes such an officer or employee, as the case may be. (4) Vacancies.--Any vacancy in the Commission shall not affect its powers, and shall be filled in the same manner in which the original appointment was made. (5) Basic pay.-- (A) Rates of pay.--Except as provided in subparagraph (B), members shall serve without pay. (B) Travel expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (6) Quorum.--Seven members of the Commission shall constitute a quorum. (c) Meetings.-- (1) Initial meeting of co-chairmen of commission.--Not later than the date that is 60 days after the date of the enactment of this Act, the co-chairmen of the Commission shall initially meet to-- (A) identify any appropriate interested party to be included under subsection (b)(1)(E)(ix); and (B) establish appropriate rules and procedures for the Commission, including a rule requiring that each member of the Commission who represents an entity described in subsection (b)(1)(E) prepare for the Commission a written proposal that describes the proposed role of the entity involved in a health system to ensure the provision of affordable health care under such system to all citizens of the United States. (2) General meetings.--The Commission shall meet at the call of a majority of the co-chairmen of the Commission. (d) Staff.-- (1) In general.--The Commission may appoint any employee pursuant to section 3161(b) of title 5, United States Code. The rate of basic pay for such an employee shall be established pursuant to section 3161(d)(1) of that title. (2) Experts and consultants.--The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay for GS-3 of the General Schedule. (3) Staff of federal agencies.--Upon request of the Commission, the head of any Federal department or agency may detail any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this section. (e) Powers of the Commission.-- (1) Hearings and session.--The Commission may, for the purpose of carrying out this section, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (2) Powers of members and agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (3) Obtaining official data.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this section. Upon request of the Commission, the head of that department or agency shall furnish that information to the Commission. (4) Gifts, bequests, and devises.--The Commission may accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of aiding or facilitating the work of the Commission. Gifts, bequests, or devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall be deposited in the Treasury and shall be available for disbursement upon order of the Commission. (5) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (6) Administrative support services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this section. (f) Report; Legislative Proposal.--Not later than two years after the date of the initial meeting of the co-chairmen of the Commission described in subsection (c)(1), the Commission shall submit to Congress a report on the study described in subsection (a)(2) that contains-- (1) a detailed statement of the findings, conclusions, and recommendations of the Commission, including such recommendations described in such paragraph; and (2) a legislative proposal that provides for a health care system based on the recommendations of the Commission. (g) Termination.--The Commission, and all the authorities of this Act, shall terminate 30 days after the date on which the report is submitted under subsection (f). (h) Authorization of Appropriations.--There is authorized to be appropriated such sums as may be necessary to carry out this section. SEC. 3. EXPEDITED CONGRESSIONAL CONSIDERATION OF LEGISLATIVE PROPOSAL FOR HEALTH CARE SYSTEM. (a) Introduction and Expedited Consideration in the House of Representatives.-- (1) Introduction in house of representatives.--The legislative proposal submitted pursuant to section 2(f)(2) shall be in the form of a joint resolution (in this subsection referred to as the ``resolution''). Such resolution shall be introduced in the House of Representatives by the Speaker immediately upon receipt of the language and shall be referred non-sequentially to the appropriate committee (or committees) of the House of Representatives. If the resolution is not introduced in accordance with the preceding sentence, the resolution may be introduced by any member of the House of Representatives. (2) Committee consideration.--Not later than 15 calendar days after the introduction of the resolution described in paragraph (1), each committee of the House of Representatives to which the resolution was referred shall report the resolution. The report may include, at the committee's discretion, a recommendation for action by the House. If a committee has not reported such resolution (or an identical resolution) at the end of 15 calendar days after its introduction or at the end of the first day after there has been reported to the House a resolution, whichever is earlier, such committee shall be deemed to be discharged from further consideration of such resolution and such resolution shall be placed on the appropriate calendar of the House of Representatives. (3) Expedited procedure in house.--Not later than 5 legislative days after the date on which all committees have been discharged from consideration of a resolution, the Speaker of the House of Representatives, or the Speaker's designee, shall move to proceed to the consideration of the resolution. It shall also be in order for any member of the House of Representatives to move to proceed to the consideration of the resolution at any time after the conclusion of such 5-day period. All points of order against the resolution (and against consideration of the resolution) are waived. A motion to proceed to the consideration of the resolution is highly privileged in the House of Representatives and is not debatable. The motion is not subject to amendment, to a motion to postpone consideration of the resolution, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion to proceed is agreed to or not agreed to shall not be in order. If the motion to proceed is agreed to, the House of Representatives shall immediately proceed to consideration of the resolution without intervening motion, order, or other business, and the resolution shall remain the unfinished business of the House of Representatives until disposed of. A motion to recommit the resolution shall not be in order. Upon its passage in the House, the clerk of the House shall provide for its immediate transmittal to the Senate. (b) Expedited Consideration in the Senate.-- (1) Referral to committee.--If the resolution is agreed to by the House of Representatives, upon its receipt in the Senate the Majority Leader of the Senate, or the Leader's designee, the resolution shall be referred to the appropriate committee (or committees) of the Senate. (2) Committee consideration.--Not later than 15 calendar days after the referral of the resolution under paragraph (1), each committee of the Senate to which the resolution was referred shall report the resolution. The report may include, at each such committee's discretion, a recommendation for action by the Senate. If a committee has not reported such resolution (or an identical resolution) at the end of 15 calendar days after its referral or at the end of the first day after there has been reported to the Senate a resolution, whichever is earlier, such committee shall be deemed to be discharged from further consideration of such resolution and such resolution shall be placed on the appropriate calendar of the Senate. (3) Expedited floor consideration.--Not later than 5 legislative days after the date on which all committees have been discharged from consideration of a resolution, the Majority Leader of the Senate, or the Majority Leader's designee, shall move to proceed to the consideration of the resolution. It shall also be in order for any member of the Senate to move to proceed to the consideration of the resolution at any time after the conclusion of such 5-day period. All points of order against the resolution (and against consideration of the resolution) are waived. A motion to proceed to the consideration of the resolution in the Senate is privileged and is not debatable. The motion is not subject to amendment, to a motion to postpone consideration of the resolution, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion to proceed is agreed to or not agreed to shall not be in order. If the motion to proceed is agreed to, the Senate shall immediately proceed to consideration of the resolution without intervening motion, order, or other business, and the resolution shall remain the unfinished business of the Senate until disposed of. (c) Rules of the Senate and House of Representatives.--This section is enacted by Congress-- (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and is deemed to be part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a resolution under this subsection, and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as they relate to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.

Commission on Affordable Health Care Act of 2008 - Establishes in the legislative branch the Commission on Affordable Health Care to: (1) conduct a comprehensive study of potential models for a health care system to provide affordable and quality health care to all U.S. citizens; and (2) make recommendations for implementing such a system. Requires the Commission to report to Congress on the study and include a legislative proposal that provides for a health care system based on the recommendations of the Commission. Provides for expedited congressional consideration of such a proposal.

To establish the Commission on Affordable Health Care to study and provide recommendations for establishing a health care system to provide affordable health care to all citizens of the United States and for the roles of certain health care entities in providing such services under such system, and to provide for expedited Congressional consideration of such recommendations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fight Fraud Act of 2009''. SEC. 2. AMENDMENTS TO IMPROVE MORTGAGE, SECURITIES, AND FINANCIAL FRAUD RECOVERY AND ENFORCEMENT. (a) Definition of Financial Institution Amended To Include Mortgage Lending Business.--Section 20 of title 18, United States Code, is amended-- (1) in paragraph (8), by striking ``or'' after the semicolon; (2) in paragraph (9), by striking the period and inserting ``; or''; and (3) by inserting at the end the following: ``(10) a mortgage lending business or any person or entity that makes in whole or in part a federally related mortgage loan as defined in section 3 of the Real Estate Settlement Procedures Act of 1974.''. (b) Mortgage Lending Business Defined.-- (1) In general.--Chapter 1 of title 18, United States Code, is amended by inserting after section 26 the following: ``Sec. 27. Mortgage lending business defined ``In this title, the term `mortgage lending business' means an organization which finances or refinances any debt secured by an interest in real estate, including private mortgage companies and any subsidiaries of such organizations, and whose activities affect interstate or foreign commerce.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 1 of title 18, United States Code, is amended by adding at the end the following: ``27. Mortgage lending business defined.''. (c) False Statements in Mortgage Applications Amended To Include False Statements by Mortgage Brokers and Agents of Mortgage Lending Businesses.--Section 1014 of title 18, United States Code, is amended-- (1) by striking ``or'' after ``the International Banking Act of 1978),''; and (2) by inserting after ``section 25(a) of the Federal Reserve Act'' the following: ``, or a mortgage lending business, or any person or entity that makes in whole or in part a federally related mortgage loan as defined in section 3 of the Real Estate Settlement Procedures Act of 1974''. (d) Major Fraud Against the Government Amended To Include Economic Relief and Troubled Asset Relief Program Funds.--Section 1031(a) of title 18, United States Code, is amended-- (1) by striking ``in any procurement'' and inserting ``in any Federal assistance in the form of financial relief or stimulus provided by the Government, including through the Troubled Assets Relief Program, whether through grant, contract, subcontract, subsidy, loan, guarantee, insurance, purchase of preferred stock, or otherwise, or any procurement''; and (2) by striking ``the contract, subcontract'' and inserting ``such grant, contract, subcontract, subsidy, loan, guarantee, insurance, purchase, or other form of financial relief or stimulus''. (e) Securities Fraud Amended To Include Fraud Involving Options and Futures in Commodities.-- (1) In general.--Section 1348 of title 18, United States Code, is amended-- (A) in the caption, by inserting ``and commodities'' after ``Securities''; (B) in paragraph (1), by inserting ``any commodity for future delivery, or any option on a commodity for future delivery, or'' after ``any person in connection with''; and (C) in paragraph (2), by inserting ``any commodity for future delivery, or any option on a commodity for future delivery, or'' after ``in connection with the purchase or sale of''. (2) Clerical amendment.--The item relating to section 1348 in the table of sections at the beginning of chapter 63 of title 18, United States Code, is amended by inserting ``and commodities'' after ``Securities''. SEC. 3. AUTHORIZATION OF ADDITIONAL RESOURCES FOR INVESTIGATORS AND PROSECUTORS FOR MORTGAGE FRAUD, SECURITIES AND COMMODITIES FRAUD, AND OTHER CRIMES OF FRAUD. (a) Authorizations for the Department of Justice.-- (1) In general.--There is authorized to be appropriated to the Attorney General, $185,000,000 for fiscal year 2010 and $175,000,000 for fiscal year 2011, for the purposes of investigations, prosecutions, and civil enforcement actions against possible fraud (including mortgage fraud and securities and commodities fraud) relating to a financial institution, including financial institutions receiving Federal assistance under the Troubled Assets Relief Program or otherwise. (2) Allocations.--The amounts authorized to be appropriated under paragraph (1) shall be allocated as follows: (A) Federal Bureau of Investigation: $75,000,000 for fiscal year 2010 and $65,000,000 for fiscal year 2011, an appropriate percentage of which amounts shall be used to investigate mortgage fraud. (B) The offices of the United States Attorneys: $50,000,000. (C) The criminal division of the Department of Justice: $20,000,000. (D) The civil division of the Department of Justice: $15,000,000. (E) The tax division of the Department of Justice: $5,000,000. (F) The Director of the Administrative Office of the United States Courts: $20,000,000. (b) Authorizations for the Postal Inspection Service.--There is authorized to be appropriated to the Postal Inspection Service of the United States Postal Service, $30,000,000 for each of the fiscal years 2010 and 2011 for investigations into possible fraud described in subsection (a)(1). (c) Authorizations for the Inspector General for the Department of Housing and Urban Development.--There is authorized to be appropriated to the Inspector General of the Department of Housing and Urban Development, $30,000,000 for each of the fiscal years 2010 and 2011 for investigations into possible fraud described in subsection (a)(1). (d) Authorizations for the United States Secret Service.--There is authorized to be appropriated to the United States Secret Service of the Department of Homeland Security, $20,000,000 for each of the fiscal years 2010 and 2011 for investigations into possible fraud described in subsection (a)(1). (e) Additional Authorizations; Availability.--The amounts authorized under this section are in addition to amounts otherwise authorized in other Acts, and shall remain available until expended. (f) Defense Services.--Funds made available under this section by the recipient described in subsection (a)(2)(F) shall be used to cover costs associated with providing defense services to defendants investigated for or charged with an offense described in subsection (a)(1). (g) Report to Congress.--Following the final expenditure of all funds appropriated pursuant to authorization under this section, the Attorney General, in consultation with the United States Postal Inspection Service, the Inspector General for the Department of Housing and Urban Development, and the Secretary of Homeland Security, shall submit a report to Congress identifying-- (1) the amounts expended under each of subsections (a), (b), (c), and (d) and a certification of compliance with the requirements listed in subsection (e); and (2) the amounts recovered as a result of criminal or civil restitution, fines, penalties, and other monetary recoveries resulting from criminal, civil, or administrative proceedings and settlements undertaken with funds authorized by this Act. SEC. 4. GRANTS FOR STATE AND LOCAL LAW ENFORCEMENT. (a) In General.--Subject to the availability of amounts provided in advance in appropriations Acts, the Attorney General is authorized to award grants to States to establish and develop programs to increase and enhance enforcement against mortgage fraud, securities and commodities fraud, and financial institution fraud, including enforcement against the use of computers in committing such fraud. (b) Application.--To be eligible to be considered for a grant under subsection (a), a State shall submit an application to the Attorney General at such time, in such manner, and containing such information, including as described in subsection (d), as the Attorney General may require. (c) Use of Grant Amounts.--A grant awarded to a State under subsection (a) shall be used by the State to establish and develop programs to-- (1) assist State and local law enforcement agencies in enforcing State and local criminal laws relating to criminal activity described in subsection (a); (2) assist State and local law enforcement agencies in educating the public to prevent and identify such criminal activity; (3) educate and train State and local law enforcement officers and prosecutors to conduct investigations, forensic analyses of evidence, and prosecutions relating to such criminal activity; (4) assist State and local law enforcement officers and prosecutors in acquiring computer and other equipment to conduct investigations and forensic analyses of evidence relating to such criminal activity; (5) assist public defenders with providing defense services to defendants in cases in which the defendant is charged with any such criminal activity; and (6) facilitate and promote communication between Federal, State, and local law enforcement to improve the sharing of Federal law enforcement expertise and information about the investigation, forensic analysis of evidence, and prosecution relating to such criminal activity, with State and local law enforcement officers and prosecutors, including through the use of multi-jurisdictional task forces. (d) Assurances and Eligibility.--To be eligible to receive a grant under subsection (a), a State shall provide assurances to the Attorney General that the State-- (1) will provide an assessment of the resource needs of the State and units of local government within that State, including criminal justice resources being devoted to the investigation and enforcement of laws related to criminal activity described in subsection (a); (2) will develop a plan for coordinating the programs funded under this section with other federally funded technical assistance and training programs; and (3) will submit to the Attorney General applicable reports in accordance with subsection (f). (e) Matching Funds.--The Federal share of a grant received under this section may not exceed 75 percent of the total cost of a program or proposal funded under this section unless the Attorney General waives, wholly or in part, the requirements of this subsection. (f) Reports.--For each year that a State receives a grant under subsection (a) for a program, the State shall submit to the Attorney General a report on the results, including the effectiveness, of such program during such year. (g) Definition of State.--For the purposes of this section, the term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands. (h) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to carry out this section $100,000,000 for each of the fiscal years 2010 through 2011. (2) Limitations.--Of the amount made available to carry out this section in any fiscal year, not more than 3 percent may be used for salaries and administrative expenses for the Department of Justice. (3) Minimum amount.--Each State submitting an application for, and eligible to receive, a grant under this section for a fiscal year shall be allocated under this section, in each such fiscal year, not less than 0.75 percent of the total amount appropriated in such fiscal year for grants pursuant to this section, except that not less than 0.25 percent of such total amount shall be allocated to the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands, collectively. (4) Grants to indian tribes.--Subject to paragraph (3), the Attorney General may use amounts made available pursuant to authorizations under this section to make grants to Indian tribes for use in accordance with this section. SEC. 5. AUTHORIZATION AND EXPANSION OF NATIONAL WHITE COLLAR CRIME CENTER. (a) In General.--Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended-- (1) by redesignating part JJ, as added by section 952 of Public Law 110-315 (relating to Loan Repayment for Prosecutors and Public Defenders), as part LL, and moving such part so that such part follows part KK; (2) in part LL, as so redesignated and moved by paragraph (1), by redesignating section 3001 as section 3021; and (3) by adding at the end the following new part: ``PART MM--NATIONAL WHITE COLLAR CRIME CENTER GRANTS ``SEC. 3031. ESTABLISHMENT OF GRANTS PROGRAM. ``(a) Authorization.--The Attorney General is authorized to award grants and enter into contracts with State and local criminal justice agencies and nonprofit organizations for the purpose of improving the detection, investigation, and prosecution of covered criminal activities. ``(b) Covered Criminal Activities Defined.--For purposes of this part, the term `covered criminal activity' means a criminal conspiracy or activity or a terrorist conspiracy or activity that spans jurisdictional boundaries, including the following: ``(1) Terrorism. ``(2) Economic crime, including financial fraud and mortgage fraud. ``(3) High-tech crime, also known as cybercrime or computer crime, including internet-based crime against children and child pornography. ``(c) Criminal Justice Agency Defined.--For purposes of this part, the term `criminal justice agency', with respect to a State or a unit of local government within such State, includes a law enforcement agency, a State regulatory body with criminal investigative authority, and a State or local prosecution office to the extent that such agency, body, or office, respectively, is involved in the prevention, investigation, and prosecution of covered criminal activities. ``SEC. 3032. AUTHORIZED PROGRAMS. ``Grants and contracts awarded under this part may be made only for the following programs, with respect to the prevention, investigation, and prosecution of covered criminal activities: ``(1) Programs to provide a nationwide support system for State and local criminal justice agencies. ``(2) Programs to assist State and local criminal justice agencies to develop, establish, and maintain intelligence- focused policing strategies and related information sharing. ``(3) Programs to provide training and investigative support services to State and local criminal justice agencies to provide such agencies with skills and resources needed to investigate and prosecute such criminal activities and related criminal activities. ``(4) Programs to provide research support, to establish partnerships, and to provide other resources to aid State and local criminal justice agencies to prevent, investigate, and prosecute such criminal activities and related problems. ``(5) Programs to provide information and research to the general public to facilitate the prevention of such criminal activities. ``(6) Programs to establish National training and research centers regionally, including within Virginia, Texas, and Michigan, to provide training and research services for State and local criminal justice agencies. ``(7) Any other programs specified by the Attorney General as furthering the purposes of this part. ``SEC. 3033. APPLICATION. ``To be eligible to be considered for an award of a grant or contract under this part, an entity shall submit to the Attorney General an application in such form and manner, and containing such information, as required by the Attorney General. ``SEC. 3034. RULES AND REGULATIONS. ``The Attorney General shall promulgate such rules and regulations as are necessary to carry out this part, including rules and regulations for submitting and reviewing applications under section 3033.''. (b) Authorization of Appropriation.--Section 1001(a) of such Act (42 U.S.C. 3793) is amended by adding at the end the following new paragraph: ``(27) There is authorized to be appropriated to carry out part MM-- ``(A) $25,000,000 for fiscal year 2010; ``(B) $28,000,000 for fiscal year 2011; ``(C) $31,000,000 for fiscal year 2012; ``(D) $34,000,000 for fiscal year 2013; ``(E) $37,000,000 for fiscal year 2014; and ``(F) $40,000,000 for fiscal year 2015.''.

Fight Fraud Act of 2009 - (Sec. 2) Amends the federal criminal code to include within the definition of "financial institution" a mortgage lending business or any person or entity that makes, in whole or in part, a federally related mortgage loan. Defines "mortgage lending business" as an organization that finances or refinances any debt secured by an interest in real estate, including private mortgage companies and their subsidiaries, and whose activities affect interstate or foreign commerce. Extends the prohibition against making false statements in a mortgage application to employees and agents of a mortgage lending business. Applies the prohibition against defrauding the federal government to fraudulent activities involving the Troubled Asset Relief Program (TARP) or a federal economic stimulus, recovery, or rescue plan. Expands securities fraud provisions to cover fraud involving options and futures in commodities. (Sec. 3) Authorizes appropriations to the Attorney General for FY2010-FY2011 for investigations, prosecutions, and civil proceedings involving federal assistance programs and financial institutions. Allocates such funds among various departments of the Department of Justice (DOJ). Authorizes additional appropriations to the U.S. Postal Service, the Inspector General for the Department of Housing and Urban Development (HUD), and the U.S. Secret Service for FY2010-FY2011 for similar investigations. Requires the Attorney General to report to Congress on amounts expended for fraud investigations and prosecutions and on amounts recovered from criminal or civil restitution, fines, penalties relating to such investigations and prosecutions. (Sec. 4) Authorizes the Attorney General to award grants to states and Indian tribes to establish and develop programs for enforcement against mortgage fraud, securities and commodities fraud, and financial institution fraud, including enforcement against the use of computers use to commit such fraud. Sets forth requirements for grant applications and the use of grant funds. Authorizes appropriations for FY2010-FY2011. (Sec. 5) Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Attorney General to award grants and enter into contracts with state and local criminal justice agencies and nonprofit organizations to improve the detection, investigation, and prosecution of covered criminal activities. Defines "covered criminal activity" as a criminal conspiracy or activity or a terrorist conspiracy or activity that spans jurisdictional boundaries, including: (1) terrorism; (2) economic crime, including financial fraud and mortgage fraud; and (3) high-tech crime, including Internet-based crime against children and child pornography. Authorizes appropriations for FY2010-FY2015.

To amend title 18, United States Code, to enhance the investigation and prosecution of mortgage fraud and financial institution fraud, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia Retrocession Act of 1993''. SEC. 2. RETROCESSION OF DISTRICT OF COLUMBIA TO MARYLAND. (a) In General.--Upon the issuance of a proclamation by the President under section 7 and except as provided in subsection (b), the territory ceded to Congress by the State of Maryland to serve as the District constituting the permanent seat of the Government of the United States is ceded and relinquished to the State of Maryland. (b) Continuation of Federal Control Over National Capital Service Area.--Notwithstanding subsection (a), Congress shall continue to exercise exclusive legislative authority and control over the District of Columbia, which shall consist of the National Capital Service Area described in section 4. SEC. 3. EFFECT ON JUDICIAL PROCEEDINGS IN DISTRICT OF COLUMBIA. (a) Continuation of Suits.--No writ, action, indictment, cause, or proceeding pending in any court of the District of Columbia on the effective date of this Act shall abate as a result of the enactment of this Act, but shall be transferred and shall proceed within such appropriate court of the State of Maryland as established under the laws or constitution of the State of Maryland. (b) Appeals.--An order or decision of any court of the District of Columbia for which no appeal has been filed as of the effective date of this Act shall be considered an order or decision of a court of the State of Maryland for purposes of appeal from and appellate review of such order or decision in an appropriate court of the State of Maryland. SEC. 4. NATIONAL CAPITAL SERVICE AREA. (a) Description.--The National Capital Service Area referred to in section 2(b) is comprised of the principal Federal monuments, the White House, the Capitol Building, the United States Supreme Court Building, and the Federal executive, legislative, and judicial office buildings located adjacent to the Mall and the Capitol Building (but shall not include the District Building), and is more particularly described as the territory located within the following boundaries: Beginning at the point on the present Virginia-District of Columbia boundary due west of the northernmost point of Theodore Roosevelt Island and running due east of the eastern shore of the Potomac River; thence generally south along the shore at the mean high water mark to the northwest corner of the Kennedy Center; thence east along the north side of the Kennedy Center to a point where it reaches the E Street Expressway; thence east on the expressway to E Street Northwest and thence east on E Street Northwest to Nineteenth Street Northwest; thence north on Nineteenth Street Northwest to F Street Northwest; thence east on F Street Northwest to Eighteenth Street Northwest; thence south on Eighteenth Street Northwest to Constitution Avenue Northwest; thence east on Constitution Avenue to Seventeenth Street Northwest; thence north on Seventeenth Street Northwest to H Street Northwest; thence east on H Street Northwest to Madison Place Northwest; thence south on Madison Place Northwest to Pennsylvania Avenue Northwest; thence east on Pennsylvania Avenue Northwest to Fifteenth Street Northwest; thence south on Fifteenth Street Northwest to Pennsylvania Avenue Northwest; thence southeast on Pennsylvania Avenue Northwest to Tenth Street Northwest; thence north on Tenth Street Northwest to E Street Northwest; thence east on E Street Northwest to Ninth Street Northwest; thence south on Ninth Street Northwest to Pennsylvania Avenue Northwest; thence southeast on Pennsylvania Avenue Northwest to John Marshall Place Northwest; thence north on John Marshall Place Northwest to C Street Northwest; thence east on C Street Northwest to Third Street Northwest; thence north on Third Street Northwest to D Street Northwest; thence east on D Street Northwest to Second Street Northwest; thence south on Second Street Northwest to the intersection of Constitution Avenue Northwest and Louisiana Avenue Northwest; thence northeast on Louisiana Avenue Northwest to North Capitol Street; thence north on North Capitol Street to Massachusetts Avenue Northwest; thence southeast on Massachusetts Avenue Northwest so as to encompass Union Square; thence following Union Square to F Street Northeast; thence east on F Street Northeast to Second Street Northeast; thence south on Second Street Northeast to D Street Northeast; thence west on D Street Northeast to First Street Northeast; thence south on First Street Northeast to C Street Northeast; thence east on C Street Northeast to Third Street Northeast; thence south on Third Street Northeast to Maryland Avenue Northeast; thence south and west on Maryland Avenue Northeast to Constitution Avenue Northeast; thence west on Constitution Avenue Northeast to First Street Northeast; thence south on First Street Northeast to Maryland Avenue Northeast; thence generally north and east on Maryland Avenue to Second Street Northeast; thence south on Second Street Northeast to East Capitol Street; thence east on East Capitol Street to Third Street Northeast; thence south on Third Street Northeast to Independence Avenue Southeast; thence west on Independence Avenue Southeast to Second Street Southeast; thence south on Second Street Southeast to C Street Southeast; thence west on C Street Southeast to New Jersey Avenue Southeast; thence south on New Jersey Avenue Southeast to D Street Southeast; thence west on D Street Southeast to Washington Avenue Southwest; thence north and west on Washington Avenue Southwest to the intersection of Independence Avenue Southwest and Second Street Southwest; thence south on Second Street Southwest to Virginia Avenue Southwest; thence generally west on Virginia Avenue to Third Street Southwest; thence north on Third Street Southwest to C Street Southwest; thence west on C Street Southwest to Sixth Street Southwest; thence south on Sixth Street Southwest to E Street Southwest; thence west on E Street Southwest to Seventh Street Southwest; thence north on Seventh Street Southwest to Maryland Avenue Southwest; thence west on Maryland Avenue Southwest to Ninth Street Southwest; thence north on Ninth Street Southwest to Independence Avenue Southwest; thence west on Independence Avenue Southwest to Twelfth Street Southwest; thence south on Twelfth Street Southwest to D Street Southwest; thence west on D Street Southwest to Fourteenth Street Southwest; thence south on Fourteenth Street Southwest to the middle of the Washington Channel; thence generally south and east along the midchannel of the Washington Channel to a point due west of the northern boundary line of Fort Lesley McNair; thence due east to the side of the Washington Channel; thence following generally south and east along the side of the Washington Channel at the mean high water mark, to the point of confluence with the Anacostia River, and along the northern shore at the mean high water mark to the northernmost point of the Eleventh Street Bridge; thence generally south and west along such shore at the mean high water mark to the point of confluence of the Anacostia and Potomac Rivers; thence generally south and east along the northern side of the Eleventh Street Bridge to the eastern shore of the Anacostia River; thence generally south along the eastern shore at the mean high water mark of the Potomac River to the point where it meets the present southeastern boundary line of the District of Columbia; thence south and west along such southeastern boundary line to the point where it meets the present Virginia-District of Columbia boundary; thence generally north and west up the Potomac River along the Virginia-District of Columbia boundary to the point of beginning. (b) Streets and Sidewalks.--The National Capital Service Area shall include any street (and sidewalk thereof) that bounds such Area. (c) Affronting or Abutting Federal Real Property.-- (1) In general.--The National Capital Service Area shall include any Federal real property affronting or abutting such Area as of the effective date of this Act. (2) Property included.--For purposes of paragraph (1), Federal real property affronting or abutting the National Capital Service Area shall-- (A) include the Department of Housing and Urban Development Building, the Department of Energy Building, Fort Lesley McNair, the Washington Navy Yard, the Anacostia Naval Annex, the United States Naval Station, Bolling Air Force Base, and the Naval Research Laboratory; and (B) not include any portion of Rock Creek Park, any portion of Anacostia Park east of the northern side of the Eleventh Street Bridge, or any territory not located in the District of Columbia on the day before the date of the enactment of this Act. SEC. 5. TRANSITION PROVISIONS RELATING TO HOUSE OF REPRESENTATIVES. (a) Temporary Increase in Apportionment.-- (1) In general.--Until the taking effect of the first reapportionment occurring after the effective date of this Act-- (A) the individual serving as the Delegate to the House of Representatives from the District of Columbia shall serve as a member of the House of Representatives from the State of Maryland; (B) the State of Maryland shall be entitled to 1 additional Representative until the taking effect of such reapportionment; and (C) such Representative shall be in addition to the membership of the House of Representatives as now prescribed by law. (2) Increase not counted against total number of members.-- The temporary increase in the membership of the House of Representatives provided under paragraph (1) shall not operate to either increase or decrease the permanent membership of the House of Representatives as prescribed in the Act of August 8, 1911 (37 Stat. 13; 2 U.S.C. 2), nor shall such temporary increase affect the basis of reapportionment established by the Act of November 15, 1941 (55 Stat. 761; 2 U.S.C. 2a), for the 82nd Congress and each Congress thereafter. (b) Repeal of Laws Providing for Delegate from the District of Columbia.--Sections 202 and 204 of the District of Columbia Delegate Act (Public Law 91-405; sections 1-401 and 1-402, D.C. Code) are repealed, and the provisions of law amended or repealed by such sections are restored or revived as if such sections had not been enacted. SEC. 6. EFFECT ON OTHER LAWS. No law or regulation which is in force on the effective date of this Act shall be deemed amended or repealed by this Act except to the extent specifically provided in this Act, or to the extent that such law or regulation is inconsistent with this Act. SEC. 7. PROCLAMATION REGARDING ACCEPTANCE OF RETROCESSION BY MARYLAND. Not later than 30 days after the State of Maryland enacts legislation accepting the retrocession described in section 2(a), the President shall issue a proclamation announcing such acceptance and declaring that the territory ceded to Congress by the State of Maryland to serve as the District constituting the permanent seat of the Government of the United States has been ceded back to the State of Maryland. SEC. 8. EFFECTIVE DATE. The provisions of this Act and the amendments made by this Act shall take effect on the date the President issues a proclamation under section 7 or the date of the ratification of an amendment to the Constitution of the United States repealing the twenty-third article of amendment to the Constitution, whichever comes later.

District of Columbia Retrocession Act of 1993 - Retrocedes the District of Columbia to Maryland after Maryland's acceptance of such retrocession. Maintains the exclusive legislative authority and control of the Congress over the National Capital Service Area in the District of Columbia.

District of Columbia Retrocession Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Marine Mammal Cooperative Agreements in Alaska Amendments Act of 2008''. SEC. 2. COOPERATIVE AGREEMENTS IN ALASKA. (a) Definition of Depletion and Depleted.--Section 3(1)(A) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1362(1)(A)) is amended by striking ``of this Act,'' and inserting ``and, for any stock subject to a cooperative agreement with a harvest management plan entered into under section 119, those Alaska Native organizations that are signatories to such an agreement,''. (b) Exemption of Takings for Subsistence or Authentic Native Articles.--Section 101(b) (16 U.S.C. 1371) is amended by striking ``section 109'' and inserting ``sections 109 and 119(c)''. (c) Use of Alaska Native Organizations for Enforcement.--Section 107(a) (16 U.S.C. 1377(a)) is amended by inserting ``, or of an Alaska Native organization for purposes of enforcing this title pursuant to a harvest management plan with the organization under section 119'' before the period at the end. (d) Marine Mammal Cooperative Agreements in Alaska.--Section 119 (16 U.S.C. 1388) is amended to read as follows: ``SEC. 119. MARINE MAMMAL COOPERATIVE AGREEMENTS IN ALASKA. ``(a) Marine Mammal Cooperative Agreements in Alaska.-- ``(1) In general.--The Secretary may enter into cooperative agreements with Alaska Native organizations to conserve and manage any stock of marine mammals and provide comanagement of subsistence use by Alaska Natives. Such agreements may include, among other purposes-- ``(A) the collection and analysis of population data; ``(B) harvest monitoring; ``(C) participation in marine mammal research; ``(D) development of marine mammal comanagement structures; ``(E) collection of biological specimens; ``(F) educational and scientific displays; ``(G) a harvest management plan governing Alaska Native subsistence use for those stocks or species covered by the cooperative agreement; and ``(H) reporting requirements. ``(2) Consultation.--The Secretaries shall consult with each other in the development of cooperative agreements to ensure consistency in the implementation of this section. ``(3) Reporting requirements.-- ``(A) Reports by permittees.--All transfers of marine mammal specimens collected under subsection (a)(1)(E) shall be included in reports under section 104(c)(1) from scientific researchers who receive the specimens under authority granted under that section. ``(B) Reports by alaska native organizations.--An Alaska Native organization shall-- ``(i) maintain an inventory of all marine mammal parts used in a display under subsection (a)(1)(F); and ``(ii) provide periodic reports to the Secretary on such use. ``(b) Management Plan Requirements.-- ``(1) In general.--A harvest management plan established under a cooperative agreement under this section with an Alaska Native organization shall-- ``(A) apply only to Alaska Natives, included in the exemption under section 101(b); ``(B) identify the signatories to the plan, and the stock or species and geographic area covered by the plan; ``(C) be based on biological information and traditional ecological knowledge; ``(D) provide for a sustainable harvest of each stock or species covered by the plan, and be designed to prevent populations of such stocks and species from becoming depleted; ``(E) have a clearly defined process and authority for enforcement and implementation of any management prescriptions under the plan; and ``(F) specify the duration of the plan and set forth procedures for periodic review and termination of the plan. ``(2) Responsibilities of alaska native organization.--A harvest management plan established under a cooperative agreement under this section must require the Alaska Native organization to-- ``(A) monitor compliance by Alaska Natives with the terms of harvest management plan; ``(B) administer its management of marine mammals in accordance with the terms of the harvest management plan; and ``(C) report to the Secretary on actions taken to implement the agreement and the harvest management plan. ``(c) Implementing Regulations and Ordinances.-- ``(1) Regulations by secretary.-- ``(A) In general.--Subject to subparagraph (B), the Secretary-- ``(i) shall promulgate such regulations as are necessary to carry out this section; and ``(ii) may promulgate regulations that implement any ordinance, regulation, or other provision that-- ``(I) is included in an Alaskan Native organization harvest management plan established under a cooperative agreement; and ``(II) restricts the taking or use of marine mammals for subsistence purposes consistent with such plan. ``(B) Limitation.--The Secretary may not promulgate any regulation under subparagraph (A) unless the regulation-- ``(i) is necessary to carry out this section; ``(ii) is no more restrictive than any taking limit or other restriction contained in the harvest management plan adopted by the Alaska Native organization and implemented by the Secretary in accordance with this section; and ``(iii) is necessary to improve compliance with any taking limit or other restriction in a harvest management plan that is adopted by the Alaskan Native organization and implemented by the Secretary in accordance with this section. ``(2) Depleted stocks.--A regulation or ordinance adopted by an Alaska Native organization in a harvest management plan for a depleted stock shall apply only to the extent the regulation or ordinance is consistent with regulations issued by the Secretary under sections 101(b) and 103 that apply to such stock. ``(d) Prohibition.--It is unlawful for any Alaska Native within the geographic area to which a harvest management plan under this section applies, to take, transport, sell, or possess a marine mammal in violation of the provisions of a harvest management plan or regulations promulgated under this section. ``(e) Grants.--An agreement entered into under this section may, subject to the availability of appropriations, include a grant by the Secretary to an Alaska Native organization for, among other purposes-- ``(1) collecting and analyzing data on marine mammal populations; ``(2) monitoring the harvest of marine mammals for subsistence and handicraft uses; ``(3) participating in marine mammal research conducted by the Federal Government, the State of Alaska, academic institutions, or private organizations; and ``(4) developing marine mammal comanagement structures with Federal and State agencies, and implementing and enforcing any harvest management plan included in the agreement. ``(f) Advance Notice and Opportunity for Comment Regarding Proposed Regulations.--Before proposing any regulation under section 101(b) relating to the taking of a stock of marine mammals that is the subject of a harvest management plan under this section, the Secretary shall-- ``(1) solicit recommendations for such proposed regulation from each Alaska Native organization engaged in harvest management of the species or stock pursuant to this section; and ``(2) provide to each such organization with a cooperative agreement-- ``(A) a copy of the proposed regulation; ``(B) an analysis of how the proposed regulation would achieve the goal of being the least restrictive measure upon subsistence use of the stock and the conservation of marine mammals; and ``(C) an opportunity to comment on the proposed regulation prior to publication of any proposed regulations in the Federal Register. ``(g) Public Notice.--The Secretary shall publish each harvest management plan entered into under this section. ``(h) FACA Exemption.--The Federal Advisory Committee Act (5 App. U.S.C.) shall not apply with respect to the provision of any advice or recommendations to the Secretary by any Alaska Native organization (including any scientific review group associated with such an organization), or the obtaining of any advice or recommendations by the Secretary from such an organization, for the purpose of formulation or implementation of a cooperative agreement under this section. ``(i) Relationship to Title V.--Nothing in this section affects title V or any authority under title V of this Act. ``(j) Effect of Jurisdiction.--Nothing in this section is intended or shall be construed-- ``(1) as authorizing any expansion or change in the respective jurisdiction of Federal, State, or Tribal governments over fish and wildlife resources; or ``(2) as altering in any respect the existing political or legal status of Alaska Natives, or the governmental or jurisdictional status of Alaska Native communities or Alaska Native entities. ``(k) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated for the purposes of carrying out this section-- ``(A) to the Secretary of the Interior, $3,000,000 for each of fiscal years 2007 through 2010; and ``(B) to the Secretary of Commerce $3,700,000, for each of fiscal years 2007 through 2010 of which not less than $300,000 shall be for payment to the Indigenous People's Council for Marine Mammals, or its successor organization, for administrative expenses and statewide coordination between its member Alaska Native Organizations. ``(2) Administrative costs.--Of the amounts authorized under this section for each of the Secretary of Commerce and the Secretary of the Interior, not more than 5 percent may be used for agency administrative costs. ``(l) Report to Congress.--The Secretaries shall each issue a report to Congress on-- ``(1) actions taken to implement this section; and ``(2) the use of funds authorized by this section by the Secretaries and Alaska Native organizations, including the Indigenous People's Council for Marine Mammals. ``(m) Indigenous People's Council for Marine Mammals Defined.--For the purpose of this section the term `Indigenous People's Council for Marine Mammals' means a consortium of Alaska Native organizations that are engaged in the conservation and comanagement of subsistence use of marine mammals by Alaska Natives.''.

Marine Mammal Cooperative Agreements in Alaska Amendments Act of 2008 - Amends the Marine Mammal Protection Act of 1972 to authorize the Secretary of the department in which the National Oceanic and Atmospheric Administration (NOAA) is operating to enter into cooperative agreements with Alaska Native organizations to conserve and manage (currently, to conserve) any stock of marine mammals. Sets forth allowed contents of agreements and required aspects of harvest management plans. Makes it unlawful for any Alaska Native within the geographic area to which a harvest management plan applies to take, transport, sell, or possess a marine mammal in violation of the provisions of that plan. Modifies the uses of related grants to Alaska Native organizations, including allowing: (1) monitoring marine mammal harvesting for subsistence and handicraft (currently, for subsistence) uses; and (2) participating in marine mammal research conducted by the state of Alaska (currently, by states).

To amend the Marine Mammal Protection Act of 1972 to authorize appropriations for marine mammal cooperative management agreements in Alaska, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Credit Protection Act Amendments of 2003''. SEC. 2. FINDINGS. Section 602(a) Fair Credit Reporting Act (15 U.S.C. 1681) is amended-- (1) by redesignating paragraph (4) as paragraph (6); (2) by striking paragraphs (2) and (3) and inserting the following new paragraphs: ``(2) Consumer credit reporting agencies have assumed a dominant role in evaluating consumer credit and other information on consumers. ``(3) Credit reports may report on as factors to establish a consumer's eligibility for credit, insurance, and even employment. ``(4) The automated calculation of credit scores has become the primary way of quickly evaluating all of the subjective factors taken into account in determining a consumer's creditworthiness, credit standing, credit capacity, debts, character, general reputation, or mode of living. ``(5) When a credit reporting agency undertakes a business that has the potential to profoundly affect a consumer's life, it is incumbent that these agencies ensure that the information provided is accurate.''; and (3) by inserting after paragraph (6) (as so redesignated by paragraph 1 of this section) the following new paragraph: ``(7) Due to the inequality of the rates of property and casualty insurance, many State insurance commissioners have concurred that prohibiting the use of credit history and credit scores for personal lines of insurance and improving the disclosure of credit information will provide greater protection for the consumer.''. SEC. 3. DEFINITIONS. (a) New Definitions.--Section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a) is amended by adding at the end the following new subsection: ``(q) Credit Score, Risk Predictor, and Risk Score.--The terms `credit score', `risk predictor', and `risk score' mean the numerical value or categorization derived from a statistical tool or modeling system used to predict the likelihood of certain credit behaviors, including default.''. (b) Amendments to Existing Definitions.--Subsection (m) of section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a(m)) is amended to read as follows: ``(m) Credit Transaction That Is Not Initiated by the Consumer.-- The term `credit transaction that is not initiated by the consumer' does not include the use of a consumer report by a person with whom the consumer has a credit account for purposes of-- ``(1) reviewing the account; or ``(2) collecting the account.''. SEC. 4. IMPERMISSIBLE USES OF CREDIT SCORES IN CONSUMER INSURANCE DETERMINATIONS; COMPLIANCE WITH EQUAL CREDIT OPPORTUNITY ACT. (a) In General.--Section 604 of the Fair Credit Reporting Act (15 U.S.C. 1681b) is amended by adding at the end the following new subsections: ``(h) Impermissible Uses of Consumer Credit Scores in Consumer Insurance Determinations.--With respect to all personal lines of insurance, including any auto, homeowners, dwelling fire, life, disability, and health insurance or annuity, intended for consumer, family, or household use, an insurance provider may not take any of the following actions on the basis, in whole or in part, of the consumer report obtained from a consumer reporting agency), or a credit score, of any consumer, including an applicant for such insurance: ``(1) Refuse to underwrite or renew any such insurance. ``(2) Cancel an existing policy of insurance. ``(3) Increase the premium for any such insurance, either while the policy is in effect or at the time of renewal, or fail to offer or provide any discount otherwise available. ``(4) Rate the risk of the occurrence of the event covered by such insurance. ``(5) Assign the insured or applicant to a rating tier. ``(6) Place insurance for an insured consumer or applicant with an affiliated company. ``(7) Require a particular payment plan under circumstances where any additional payment plans are available for such insurance. ``(i) Compliance With Equal Credit Opportunity Act.--Any credit scoring system used to generate any risk or credit score shall comply with the Equal Credit Opportunity Act.''. (b) Technical and Conforming Amendments.-- (1) Section 604(a)(3) of the Fair Credit Reporting Act (15 U.S.C. 1681b) is amended-- (A) by striking subparagraph (C); (B) by redesignating subparagraphs (D), (E), and (F) as subparagraphs (C), (D), and (E), respectively; and (C) in subparagraph (D) (as so redesignated, by striking ``or current insurer,''. (2) Section 604(c) of the Fair Credit Reporting Act (15 U.S.C. 1681b(c)) is amended-- (A) in paragraphs (1) and (3) by striking ``or insurance'' each place such term appears; and (B) in paragraph (1), by striking ``subparagraph (A) or (C) of subsection (a)(3)'' and inserting ``subsection (a)(3)(A)''. (3) Paragraphs (1) and (5) of section 604(e) of the Fair Credit Reporting Act (15 U.S.C. 1681b(e)) are each amended by striking ``or insurance'' each place such term appears. (4) Section 604(g) of the Fair Credit Reporting Act (15 U.S.C. 1681b(g)) is amended by striking ``or insurance''. (c) Clerical Amendments.--The heading for section 604(c) of the Fair Credit Reporting Act (15 U.S.C. 1681b(c)) is amended by striking ``or Insurance''. (d) Compliance Study.--The Federal Trade Commission shall conduct a study of the compliance of insurance providers with the amendment made by this section and shall submit a report containing the findings and conclusions of the Commission to the Congress before the end of the 1- year period beginning on the date of the enactment of this Act. SEC. 5. AMENDMENTS TO THE DISCLOSURE OF CREDIT SCORES AND CREDIT REPORTS TO CONSUMERS. (a) In General.--Section 609(a) of the Fair Credit Reporting Act (15 U.S.C. 1681g(a)) is amended by striking all of the provisions of such subsection that precede paragraph (2) and inserting the following: ``(a) Information on File; Sources; Report Recipients.--Every consumer reporting agency shall, upon request, and subject to section 610(a)(1), clearly and accurately disclose to the consumer the following: ``(1) Information.--All information in the consumer's file at the time of the request including credit consumer reports, any information concerning credit scores and credit consumer reports, and any other risk scores or predictors relating to the consumer including any credit scores used, and a clear and concise summary of how the scores and predictors are derived, including-- ``(A) The factors taken into account in deriving a score or predictor; ``(B) How such factors are applied to the consumer; ``(C) The relative weight given to each factor; ``(D) The manner and extent to which such factors raise or lower the score or predictor; ``(E) The names of all persons that provided the credit score or credit file upon which the credit score was created; and ``(F) A statement indicating that the information and credit scoring model may be different from the credit score that may be used by the lender.''. (b) Annual Disclosure of Rights Required.--Section 609 of the Fair Credit Reporting Act (15 U.S.C. 1681g) is amended by adding at the end the following new subsection: ``(d) Annual Disclosure of Rights Required.-- ``(1) In general.--A credit reporting agency shall annually provide a consumer with the written summary of rights required under section 609(c), by letter sent by first-class mail, whenever one of the following events occurs within any 12-month period: ``(A) The credit reporting agency has received 3 credit inquiries pertaining to the consumer. ``(B) The credit reporting agency has received a report that would add negative information to the consumer's file. ``(2) Format of letter.--Any letter mailed to a consumer pursuant to this subsection may be a form letter, except that each letter shall include a notice or separate form the consumer may complete and return to the consumer reporting agency to request a copy of the credit consumer report. ``(3) Additional contact information under certain circumstances.--In the case of any consumer reporting agency which compiles and maintains files on consumers on a nationwide basis, the letter or notice shall include a toll-free telephone number and worldwide web address established by the agency for the consumer to request a free report under the terms of section 612(c).''. (c) Free Disclosures Under Certain Circumstances.--Section 612(c) of the Fair Credit Reporting Act (15 U.S.C. 1681j(c)) is amended to read as follows: ``(c) Free Disclosure of Consumer Reports.--In addition to the disclosures required under subsection (b) or the law of any State, upon the request of a consumer, a consumer reporting agency shall make all disclosures pursuant to section 609 without charge to that consumer under the following circumstances: ``(1) Annually, upon the written, oral, or electronic request of the consumer. ``(2) Up to 3 additional times a year, if a consumer certifies in writing that the consumer-- ``(A) is unemployed and intends to apply for employment in the 60-day period beginning on the date on which the certification is made; ``(B) is a recipient of public welfare assistance; or ``(C) has reason to believe that the file on the consumer at the agency contains inaccurate information due to fraud or identity theft.''. (d) Duties of Users Taking Adverse Actions on the Basis of Information Contained in Consumer Reports.--Section 615(a) of the Fair Credit Reporting Act (15 U.S.C. 1681m(a)) is amended to read as follows: ``(a) Duties of Users Taking Adverse Actions on the Basis of Information Contained in Consumer Reports.-- ``(1) In general.--If any person takes any adverse action with respect to any consumer that is based in whole or in part on any information contained in a consumer report, the person shall-- ``(A) provide oral, written, or electronic notice of the adverse action to the consumer; and ``(B) provide a copy of the consumer's complete report that the consumer reporting agency provided to the user, including any information concerning credit scores and credit consumer reports, and any other risk scores or predictors relating to the consumer including any credit scores used; and ``(2) Summary of rights.--A user who provides a notice and a copy of a consumer report and credit score to a consumer under paragraph (1) shall also provide to the consumer-- ``(A) a written summary of all of the rights that the consumer has under this title; ``(B) an explanation of how the consumer may exercise the rights of the consumer under this title; ``(C) a list of all Federal agencies responsible for enforcing any provision of this title and the address and any appropriate phone number of each such agency, in a form that will assist the consumer in selecting the appropriate agency; and ``(D) a statement that the consumer may have additional rights under State law and that the consumer may wish to contact a State or local consumer protection agency or State attorney general to learn of those rights. ``(3) Form of summary of rights.-- ``(A) In general.--The user shall provide a description in writing of the rights of the consumer under paragraph (2) using the form and content prescribed by the Federal Trade Commission (after consultation with each Federal agency referred to in section 621(b). ``(B) Compliance with substantially similar format.--Any user shall be deemed to be in compliance with this subsection if the user provides disclosures under paragraph (2) that are substantially similar to the model disclosure adopted by the Federal Trade Commission under this paragraph. ``(C) Effective date of summary of rights disclosures.--No disclosures shall be required under paragraph (2) before the date on which the Federal Trade Commission prescribes the form and content of such disclosures under subparagraph (A).''. SEC. 6. EFFECTIVE DATE. The amendments made by this Act shall take effect at the end of the 90-day period beginning on the date of the enactment of this Act.

Consumer Credit Protection Act Amendments of 2003 - Amends the Fair Credit Reporting Act to set forth impermissible uses of consumer credit scores by an insurance provider with respect to a consumer or insurance applicant. Mandates that any credit scoring system used to generate any risk or credit score be in compliance with the Equal Credit Opportunity Act. Requires a consumer reporting agency, upon request, to disclose to the consumer clearly and accurately all information in the consumer's file, including: (1) credit consumer reports and any information concerning reports and credit scores; (2) any other risk scores or predictors, including any credit scores used; and (3) a clear, concise summary of how the scores and predictors are derived. Cites circumstances that require a consumer reporting agency to furnish free disclosures upon request. Requires every consumer reporting agency taking adverse action based upon a consumer report to: (1) provide a copy of such report, including other risk scores or predictors, and credit scores used; and (2) provide a written summary of all consumer rights and how to exercise them.

To amend the Fair Credit Reporting Act to prohibit the use of consumer credit history for any insurance purpose and to require the disclosure of consumer reports and the credit scoring procedure in order to prevent inaccuracies and mistakes in consumer credit reports, and for other purposes.

SECTION 1. TECHNICAL AND CONFORMING AMENDMENTS. (a) Section 121 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236) is amended in subsection (d)(1)-- (1) by striking ``and the Director of the United States Information Agency'' and inserting ``, the Director of the United States Information Agency, or the Administrator of the Agency for International Development''; and (2) by striking ``or the United States Information Agency'' and inserting ``, the United States Information Agency, or the Agency for International Development''. (b) The Act entitled ``An Act to regulate the issue and validity of passports, and for other purposes'', approved July 3, 1926 (44 Stat. 887, 22 U.S.C. 211a) as amended by section 127(a) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 is amended-- (1) by striking ``other employees'' and inserting ``such other employees''; and (2) by striking ``United States,'' and inserting ``United States''. (c) Section 139 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236) is amended in paragraph (20) by striking ``2349aa'' and inserting ``4858(b)''. (d) Section 140 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236) is amended in subsection (c)(2) by striking ``serious loss of life or property'' and inserting ``serious injury, loss of life, or significant destruction of property''. (e) Section 142(a) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236) is amended-- (1) in paragraph (2) by striking ``not,'' and inserting ``not''; and (2) in paragraph (3) by striking ``because'' and inserting ``because,''. (f)(1) Section 1 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2662) as amended by section 161(a) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236) is amended in subsection (a)(2) by inserting ``and the Deputy Secretary of State'' after ``Secretary''. (2) Section 161 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236) is amended in subsection (b) by striking ``133'' and inserting ``162''. (3) Section 161 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236) is amended in subsection (f)(2)-- (A) by striking ``the principal duty of negotiations for''; (B) in subparagraph (A) by striking ``Increased''; and inserting ``The principal duty of negotiating increased''; and (C) in subparagraph (B) by striking ``Recoupment'' and inserting ``In consultation with the Department of Defense, assist in negotiations with the host governments for the recoupment''. (4)(A) The Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C. 4801 et seq.) as amended by section 162(g) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 102-236) is amended-- (i) in section 103(a)(2)(B)(i) by striking ``operations'' and inserting ``operation''; and (ii) in the table of contents-- (I) by striking the item relating to section 104; (II) by striking the item relating to section 105; (III) by striking the item relating to title II and inserting the following: ``TITLE II--PERSONNEL''; (IV) by striking the item relating to section 201 and inserting the following: ``Sec. 201. Diplomatic Security Service.''; and (V) by striking the item relating to section 203 and inserting the following: ``Sec. 203. Special agents.''. (B) Section 162 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236) is amended in subsection (q) by striking ``2655'' and inserting ``2655a''. (g) Section 179 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236) is amended in subsection (b) by striking ``individual holding a career or career candidate appointment'' and inserting ``individuals holding career or career candidate appointments''. (h) The Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.) as amended by section 180(a) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236) is amended-- (1) in section 311-- (A) by striking the section heading and inserting in lieu thereof: ``Sec. 311. United States Citizens Hired Abroad.--''; and (B) in subsection (d) by inserting ``by reason of such employment'' after ``eligible''; (2) in section 610(a)(2) by inserting ``(other than a United States citizen employed under section 311 who is not a family member)'' after ``A member of the Service''; and (3) in the table of contents by striking the item relating to section 311 and inserting the following: ``Sec. 311. United States citizens hired abroad.''. (i) Section 181(c) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236) is amended-- (1) by striking ``system),'' and inserting ``system,''; and (2) by striking ``that agency'' and inserting ``that agency)''. (j) Section 182 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236) is amended in subsection (a) by striking ``has'' and inserting ``have''. (k) Part I of title 18, United States Code (as amended by section 506 of Public Law 103-236) is amended in paragraph (1) of section 2340 by striking ``with'' and inserting ``within his''. (l) Section 564 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236) is amended in subsection (a) by striking ``primary or secondary'' and inserting ``secondary or tertiary''. (m) Section 217 of the Immigration and Nationality Act (8 U.S.C. 1187) is amended in subsection (f) by striking ``1994'' and inserting ``1995''. (n) The Secretary of State is authorized to obligate and expend from the Department of State's ``Diplomatic and Consular Programs'' appropriation not more than $2,500,000 of the amount appropriated in title XI, chapter 2 of Public Law 102-368 for the purchase of real property for use by the Department of State for its Miami Regional Center. (o) Section 102(g) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236) is amended-- (1) by inserting ``the United Nations and its affiliated agencies in'' after ``appropriated for''; (2) by striking ``each of the fiscal years 1994 and'' and inserting ``fiscal year''; (3) by striking ``unless'' and inserting ``until''; (4) by striking ``States'' and inserting ``Nations''; and (5) by striking ``promotes, condones,'' and inserting ``promotes and condones''. (p) Section 303 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236) is amended by adding at the end the following new subsection: ``(c) Voice of America Broadcasts.--The long-range interests of the United States are served by communicating directly with the peoples of the world by radio. To be effective, the Voice of America must win the attention and respect of listeners. These principles will therefore govern Voice of America (VOA) broadcasts: ``(1) VOA will serve as a consistently reliable and authoritative source of news. VOA news will be accurate, objective, and comprehensive. ``(2) VOA will represent America, not any single segment of American society, and will therefore present a balanced and comprehensive projection of significant American thought and institutions. ``(3) VOA will present the policies of the United States clearly and effectively, and will also present responsible discussions and opinion on these policies.''. (q) Section 701(f)(4) of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1476(f)(4)) is amended by striking ``1993'' and inserting ``1995''. (r) Section 132 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236) is amended by inserting ``or issuance of a passport'' after ``nationality''. (s)(1) Section 305(a)(14) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236) is amended by striking ``to'' and inserting ``of''. (2) Section 309(d)(1)(B) of such Act is amended by inserting ``of all members'' after ``confirmation''. (t) Section 101(b)(2) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236) is amended in subparagraph (D) by striking ``$400,000 is authorized to be appropriated for each of the'' and inserting ``$800,000 is authorized to be appropriated for''. (u) Section 191(a)(4) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236) is amended by inserting before the semicolon ``, the Agency for International Development, and the United States Information Agency''. (v) Section 8 of the Eisenhower Exchange Fellowship Act of 1990 (Public Law 101-454) is amended by adding at the end the following: ``Notwithstanding section 555 of Public Law 100-461 and title III of S. 2757 as reported by the Senate Committee on Foreign Relations on September 7, 1988 (pursuant to the enactment under section 555 of Public Law 100-461), the Director of the United States Information Agency is authorized to administer such au pair programs through fiscal year 1995 in a manner consistent with the requirements of the Mutual Educational and Cultural Exchange Act of 1961 and shall promulgate regulations regarding such au pair programs.''. (w) The table of contents of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236) is amended by striking the item relating to section 534 and inserting the following: ``Sec. 534. Study of democracy effectiveness.''. (x) Section 101(b) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236) is amended in paragraph (2)(D) by striking ``title 5'' and inserting ``part D of title V''. (y) Section 701 of the Foreign Service Act of 1980 (22 U.S.C. 4021) is amended by striking the section caption and inserting ``Institution for Training''. (z) Section 134 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236) is amended by inserting ``, 1926'' after ``Act''. (aa) Section 139 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236) is amended in paragraph (21), by striking ``1990 and 1991 (22 U.S.C. 287(e)'' and inserting ``1992 and 1993 (22 U.S.C. 287e note). (bb) Section 140 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236) is amended in subsection (a)(2), by striking ``subsection (a)'' and inserting ``paragraph (1)''. (cc) Section 162 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236) is amended in subsection (o)(3)(B), by striking ``paragraph (d)'' and inserting ``subsection (d)''. (dd) Section 529 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236) is amended by striking ``Nuclear Nonproliferation Treaty'' each of the three places it appears and inserting ``Treaty on the Nonproliferation of Nuclear Weapons''. (ee) The table of contents of the Immigration and Nationality Act is amended by striking the item relating to section 104 and inserting: ``Sec. 104. Powers and duties of the Secretary of State.''. (ff) Section 164(b) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236) is amended by inserting ``of 1962'' after ``Migration and Refugee Assistance Act''. (gg) Section 173(c) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236) is amended by inserting ``United States'' before ``Arms Control and Disarmament Agency'' both places it appears. (hh) Section 309(b) of the Foreign Service Act of 1980 (22 U.S.C. 3901(b)) is amended by striking ``; and (5) as a foreign national employee.'' and inserting ``; and ``(5) as a foreign national employee.''. (ii) Section 611 of the Foreign Service Act of 1980 (as amended by section 181(a)(2) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236)) is amended by striking ``SEC. 611'' and all that follows through ``(a)'' and inserting the following: ``Sec. 611. Reductions in Force.--(a)''. (jj) Section 181 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236) is amended-- (1) in subsection (a)(5) by inserting ``of 1980'' after ``Foreign Service Act''; and (2) in subsection (b), by striking ``Section 1005'' and inserting ``Section 1005(a)''. (kk) The PLO Commitments Compliance Act of 1989 (title VIII of Public Law 101-246) as amended by section 524 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236) is amended-- (1) in section 804(b) by striking ``section (3)(b)(1) of the Middle East Peace Facilitation Act of 1994'' and inserting ``section 583(b)(1) of the Middle East Peace Facilitation Act of 1994''; and (2) in section 804(b)(1), by striking ``section (4)(a) of the Middle East Peace Facilitation Act of 1994'' and inserting ``section 584(a) of the Middle East Peace Facilitation Act of 1994''. (ll) Section 315 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236) is amended by adding after subsection (c) the following new subsection: ``(d) Relocation Costs.--Notwithstanding any other provision of law, funds derived from the sale of real property assets of RFE/RL in Munich, Germany, may be retained, obligated, and expended to meet one- time costs associated with the consolidation of United States Government broadcasting activities in accordance with this title, including the costs of relocating RFE/RL offices and operations.''. (mm)(1) The Act entitled ``An Act to provide for the reorganization of the consular service of the United States'' approved April 5, 1906 (34 Stat. 100, 22 U.S.C. 4215) as amended by section 127 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236) is amended by striking the last sentence of section 7. (2) The Act of August 18, 1856 (11 Stat. 61, 22 U.S.C. 4221) is amended in section 24 by adding at the end the following new sentence: ``Pursuant to such regulations as the Secretary of State may prescribe, the Secretary may designate any other employee of the Department of State who is a citizen of the United States to perform any notarial function authorized to be performed by a consular officer of the United States under this Act.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Makes technical corrections to the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995. Amends the Foreign Service Act of 1980 to exclude certain U.S. citizens hired at posts abroad who are not family members of U.S. Government employees from coverage under Foreign Service grievance provisions. Prohibits the sale or lease of defense articles or services by the U.S. Government to any country or international organization that is known to have sent letters to U.S. firms requesting compliance with, or soliciting information regarding compliance with, the secondary or tertiary (currently, primary or secondary) Arab League boycott unless the President certifies to the appropriate congressional committees that the country or organization does not currently maintain such a policy or practice. Amends the Immigration and Nationality Act to extend the pilot visa waiver program through FY 1995. Authorizes the Secretary of State to expend a specified amount from the Department of State's Diplomatic and Consular Programs appropriation for the purchase of real property for use by the Department of State for its Miami Regional Center. Establishes principles for Voice of America broadcasts. Amend the United States Information and Educational Exchange Act of 1948 to extend a provision which authorizes the U.S. Information Agency (USIA) to transfer funds between accounts during the second fiscal year of an appropriation cycle. Requires that significant consideration be given to foreign language competence in the evaluation, assignment, and promotion of Foreign Service officers of the Department of State, Agency for International Development, and USIA. Authorizes the USIA Director to administer au pair programs through FY 1995. Permits funds derived from the sale of real property assets of Radio Free Europe/Radio Liberty in Munich, Germany, to be expended to meet one-time costs associated with the consolidation of U.S. Government broadcasting activities.

To make certain technical amendments relating to the State Department Basic Authorities Act of 1956, the United States Information and Educational Exchange Act of 1948, and other provisions of law.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bankruptcy Amendments of 1993''. SEC. 2. AMENDMENTS. (a) Who May Be a Debtor Under Chapter 13.--Section 109(e) of title 11, United States Code, is amended-- (1) by striking ``, unsecured debts of less than $100,000 and noncontingent, liquidated, secured debts of less than $350,000'' and inserting ``debts of less than $1,000,000'', and (2) by striking ``, unsecured debts that aggregate less than $100,000 and noncontingent, liquidated, secured debts of less than $350,000'' and inserting ``debts of less than $1,000,000''. (b) Automatic Stay.--The last sentence of section 362(e) of title 11, United States Code, is amended-- (1) by striking ``commenced'' and inserting ``concluded'', and (2) by inserting before the period at the end the following: ``unless the 30-day period is extended with the consent of the parties in interest or for a specific time that the court finds is required by compelling circumstances''. (c) Exemptions.--(1) Section 522(a) of title 11, United States Code, is amended-- (A) in paragraph (1) by striking ``and'' at the end, (B) by redesignating paragraph (2) as paragraph (3), and (C) by inserting after paragraph (1) the following: ``(2) `household goods' means furnishings, appliances, linens, china, cookery, kitchenware, and personal effects, but does not include-- ``(A) works of art; ``(B) electronic entertainment equipment other than one television and one radio; ``(C) jewelry (other than wedding and engagement rings); and ``(D) antiques purchased by the debtor; and''. (2) Section 522(d)(3) of title 11, United States Code, is amended-- (A) by striking ``household furnishings,'', and (B) by striking ``appliances,''. (3) Section 522(f)(2) of title 11, United States Code, is amended-- (A) by striking ``household furnishings,'', and (B) by striking ``appliances,''. (d) Exceptions to Discharge.--Section 523(a) of title 11, United States Code, is amended-- (1) in paragraph (2)-- (A) by amending subparagraph (A) to read as follows: ``(A) actual fraud, use of a credit card or other access device to a revolving line of credit without the intent to repay, or false pretenses or false representations made or published with reckless disregard for their truth or accuracy;'' (B) in subparagraph (B)(iv) by striking ``intent to deceive'' and inserting ``reckless disregard for its truth or accuracy'', and (C) in subparagraph (C)-- (i) by striking ``$500'' and inserting ``$100'', and (ii) by striking ``forty days'' and inserting ``60 days'', and (2) by amending paragraph (6) to read as follows: ``(6) for injury to another entity or property of another entity resulting from the debtor's reckless disregard of such entity's right or property interests;''. (e) Effect of Discharge.--The third sentence of section 524(d) of title 11, United States Code, is amended in the matter preceding paragraph (1) by inserting ``and was not represented by an attorney during the course of negotiating such agreement'' after ``this section''. (f) Preferences.--Section 547(c)(3)(B) of title 11, United States Code, is amended by striking ``10'' and inserting ``20''. (g) Contents of Plan.--Section 1322(b)(2) of title 11, United States Code, is amended to read as follows: ``(2) modify the rights of the holders of secured claims, but the plan may not modify a claim pursuant to section 506 of a person holding a senior or a junior security interest in real property that is the debtor's principal residence, except that the plan may modify the claim of a person holding such a junior security interest that was undersecured at the time the interest attached to the extent that the interest remains undersecured;''. (h) Contents of Plan.--(1) Section 1322(c) of title 11, United States Code, is amended to read as follows: ``(c) The plan may not provide for payments over a period that is longer than 5 years.''. (2) Section 1325(b)(1)(B) of title 11, United States Code, is amended by striking ``three-year'' and inserting ``5-year''. (3) Section 1329(c) of title 11, United States Code, is amended to read as follows: ``(c) A plan modified under this section may not provide for payments over a period that expires more than 5 years after the date that the first payment under the original confirmed plan was due.''. (i) Confirmation Hearing.--Section 1324 of title 11, United States Code, is amended-- (1) by striking ``After'' and inserting ``(a) Except as provided in subsection (b) and after'', and (2) by adding at the end the following: ``(b) If a creditor objects not later than 5 days after receiving notice of a hearing on confirmation of the plan, the hearing on confirmation of the plan may be held only after the expiration of the 10-day period beginning on the date of the first meeting of creditors under section 341(a).''. (j) Payments.--Section 1326(c) of title 11, United States Code, is amended by inserting ``timely'' after ``payments''. SEC. 3. ANNUAL COMPILATION OF STATISTICAL INFORMATION REGARDING BANKRUPTCY CASES. Not later than June 30 of each year, the Administrative Office of the United States Courts shall compile and make available to the public statistical information with respect to cases in which a discharge is entered under title 11 of the United States Code in the preceding calendar year. Such information shall include-- (1) the liabilities and value of assets of the debtors in such cases as of the order for relief, (2) the monthly income and living expenses of such debtors, as estimated by such debtors, (3) the aggregate amount of debts discharged, and the aggregate payments made to creditors, as of the date of discharge, and (4) the time elapsed between the filing of such cases and the date of the first payment to a creditor under a plan confirmed in such cases. SEC. 4. EFFECTIVE DATE; APPLICATION OF AMENDMENTS. (a) Effective Date.--Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect on the date of the enactment of this Act. (b) Application of Amendments.--The amendments made by this Act shall not apply with respect to cases commenced under title 11 of the United States Code before the date of the enactment of this Act.

Bankruptcy Amendments of 1993 - Amends Federal bankruptcy law to raise to $1 million the ceiling on debts for eligibility to file as a chapter 13 debtor (bankrupt consumer repayment of debt under court supervision). (Currently the ceiling is $100,000 for unsecured debts, or $350,000 for certain secured debts.) Modifies the guidelines for: (1) chapter 13 bankruptcies; (2) automatic stays; (3) exemptions; (4) discharges; and (5) preferences. Directs the Administrative Office of the United States Courts to compile and make available to the public statistical information regarding bankruptcy cases.

Bankruptcy Amendments of 1993

of November 23, 1993 (Public Law 103-150; 107 Stat. 1510) (commonly known as the ``Apology Resolution''), was enacted into law, extending an apology on behalf of the United States to the Native Hawaiian people for the role of the United States in the overthrow of the Kingdom of Hawaii, and acknowledging that the Native Hawaiian people never directly relinquished to the United States their claims to their inherent sovereignty as a people over their national lands, either through the Kingdom of Hawaii or through a plebiscite or referendum; (6) pursuant to Public Law 103-150, on October 23, 2000, the Department of Justice and the Department of the Interior released a report entitled ``From Mauka to Makai: The River of Justice Must Flow Freely'', recommending that Congress enact legislation ``to create a framework for recognizing a government-to-government relationship with a representative Native Hawaiian governing body''; (7) on December 16, 2010, the United States announced its support for the United Nations Declaration on the Rights of Indigenous Peoples (Resolution 61/295, adopted September 13, 2007), which includes the Native Hawaiian people and states that indigenous peoples possess-- (A) the right to self-determination and to freely determine their political status and freely pursue their economic, social, and cultural development; and (B) the right to autonomy or self-government in matters relating to their internal and local affairs; and (8) the State of Hawaii has long supported the Federal reaffirmation of the special political and legal relationship with the Native Hawaiian people and a recognition of the Native Hawaiian governing entity by the United States, as evidenced by numerous actions, including through the enactment of Act 195 (2011), which-- (A) recognizes the Native Hawaiian people as the only indigenous, native people of Hawaii; (B) urges Federal recognition of the Native Hawaiian people and the Native Hawaiian governing entity; and (C) creates the Native Hawaiian Roll Commission to develop a roll of qualified Native Hawaiians to facilitate the reorganization of a Native Hawaiian governing entity. SEC. 3. DEFINITIONS. In this Act: (1) Council.--The term ``Council'' means the Interim Governing Council established under section 5(c). (2) Indigenous, native people.--The term ``indigenous, native people'' means any of the peoples referred to in the Constitution as ``Indians'' and ``Tribes'' that are the original inhabitants who exercised sovereignty over any area that later became part of the United States, including their lineal descendants. (3) Native hawaiian governing entity.--The term ``Native Hawaiian governing entity'' means the representative sovereign governing body of the Native Hawaiian people reorganized under section 5. (4) Native hawaiian roll commission.--The term ``Native Hawaiian Roll Commission'' means the Commission established by the State of Hawaii under Act 195 (2011). (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (6) Special political and legal relationship.--The term ``special political and legal relationship'' means the nature of the relationship between the United States and federally recognized Indian tribes. SEC. 4. POLICY AND PURPOSE. (a) Policy.--It is the policy of the United States that-- (1) Congress possesses and exercises the constitutional authority to address the conditions of the Native Hawaiian people; (2) the Native Hawaiian people have-- (A) an inherent right to autonomy in internal affairs; (B) an inherent right of self-determination and self-governance; (C) the right to reorganize a Native Hawaiian governing entity; and (D) the right to become economically self- sufficient; (3) notwithstanding any other provision of law, the United States-- (A) reaffirms the special political and legal relationship between the United States and the Native Hawaiian people, which includes promoting the welfare of the Native Hawaiian people; and (B) reaffirms the authority delegated to the State of Hawaii by the United States to address the conditions of the Native Hawaiian people in the Act entitled ``An Act to provide for the admission of the State of Hawaii into the Union'', approved March 18, 1959 (Public Law 86-3; 73 Stat. 4); (4) the United States ensures parity in policy and treatment among all indigenous groups with which the United States has a special political and legal relationship; and (5) the United States shall continue to engage in a process of reconciliation and political relations with the Native Hawaiian people. (b) Purpose.--The purpose of this Act is to provide a process for the reorganization and Federal recognition of a single Native Hawaiian governing entity that exercises the inherent powers of self-government of a native government under existing law with the same privileges and immunities available to other federally recognized Indian tribes. SEC. 5. REORGANIZATION OF THE NATIVE HAWAIIAN GOVERNING ENTITY. (a) Right to Reorganize.-- (1) In general.--The right of the Native Hawaiian people to reorganize a Native Hawaiian governing entity to provide for the common welfare and to adopt an appropriate constitution and bylaws pursuant to section 16 of the Act of June 18, 1934 (25 U.S.C. 476), is recognized by the United States. (2) Action by secretary.--In accordance with the recognition under paragraph (1), the Secretary shall carry out the duties and functions of the Secretary pursuant to this section as soon as practicable after the date of enactment of this Act. (b) Members.--The individuals listed on the roll compiled and certified by the Native Hawaiian Roll Commission shall be considered members of the Native Hawaiian people for the purposes of reorganization of a Native Hawaiian governing entity, provided that the roll is published, available for inspection, and compiled in accordance with applicable due process principles. (c) Interim Governing Council.-- (1) Establishment.--The members included on the roll described in subsection (b), in consultation with the Secretary, shall establish a council, to be known as the ``Interim Governing Council'', by-- (A) developing criteria based on which candidates included on the roll may be elected to serve on the Council; (B) determining the structure of the Council, including the number of Council members; and (C) electing Council members. (2) Powers.--The Council-- (A) shall represent the members included on the membership roll in the implementation of this Act; (B) shall have no powers other than the powers provided to the Council by this Act; and (C) may enter into a contract with, or obtain a grant from, any Federal, State, or local government agency or any private nonprofit or entity to carry out the duties of the Council under paragraph (3). (3) Duties.--Not later than 2 years after the date on which all members of the Council are elected, the Council shall-- (A) secure appropriate input from members included on the roll, through consultation, referenda, or other means, regarding the proposed elements of the constitution and bylaws for the Native Hawaiian governing entity; (B) develop a proposed constitution and bylaws for the Native Hawaiian governing entity; (C) provide to all members the proposed constitution and bylaws, as drafted by the Council, including a brief, objective description of each such provision; (D) not earlier than 90 days after the date of completion of the requirements of subparagraph (C), submit to the Secretary a request to hold an election to ratify the proposed constitution and bylaws; and (E) on ratification, submit to the Secretary the constitution and bylaws for approval under section 16 of the Act of June 18, 1934 (25 U.S.C. 476). (4) Elections.--The Council, with the assistance of the Secretary, shall hold elections of the officers of the Native Hawaiian governing entity identified in the approved constitution and bylaws. (5) Termination.--The Council shall cease to exist and shall have no power or authority under this Act after the date on which all officers of the Native Hawaiian governing entity elected under paragraph (4) are installed. SEC. 6. APPLICABILITY OF OTHER FEDERAL LAWS. (a) Governmental Authority and Power.--The Native Hawaiian governing entity shall-- (1) have the inherent powers and privileges of self- government of an Indian tribe under applicable Federal law, including the inherent power and authority-- (A) to determine membership in, and membership criteria for, the Native Hawaiian people; and (B) to grant, deny, revoke, or qualify membership without regard to whether any individual is considered to be a member of the Native Hawaiian people under this Act; and (2) be considered to be an Indian tribe for purposes of section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a-1). (b) Indian Gaming Regulatory Act.--The Native Hawaiian governing entity-- (1) is subject to the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) (including regulations promulgated pursuant to that Act by the Secretary or the National Indian Gaming Commission); and (2) may not conduct gaming activities (within the meaning of section 4 of that Act (25 U.S.C. 2703)) unless the State of Hawaii permits such an activity for any purpose by an individual, organization, or entity. (c) Indian Reorganization Act.-- (1) In general.--The Secretary may consider the Native Hawaiian governing entity to be an Indian tribe for purposes of carrying out any activity authorized under the Act of June 18, 1934 (commonly known as the ``Indian Reorganization Act'') (25 U.S.C. 461 et seq.). (2) Ratification and confirmation of actions.--Any action taken by the Secretary pursuant to the Act of June 18, 1934 (commonly known as the ``Indian Reorganization Act'') (25 U.S.C. 461 et seq.) for the Native Hawaiian governing entity is ratified and confirmed to the extent that the action is challenged based on the question of whether the Native Hawaiian governing entity was federally recognized or under Federal jurisdiction on June 18, 1934. SEC. 7. SEVERABILITY. If any provision of this Act is held invalid, it is the intent of Congress that the remaining provisions shall continue in full force and effect. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.

Native Hawaiian Government Reorganization Act of 2012 - (Sec. 5) Recognizes the right of the Native Hawaiian people to reorganize a Native Hawaiian governing entity to provide for their common welfare and to adopt an appropriate constitution and bylaws. Considers the individuals listed on the roll compiled and certified by the Native Hawaiian Roll Commission to be members of the Native Hawaiian people for purposes of reorganizing that entity, provided the roll is published, available for inspection, and compiled in accordance with due process principles. Requires those members, in consultation with the Secretary of the Interior, to establish an Interim Governing Council by: (1) developing the qualifications required of Council candidates, (2) determining the Council's structure, and (3) electing Council members. Requires the Council, within two years of its establishment, to: (1) develop, with appropriate input from the Native Hawaiian people, a proposed constitution and bylaws for the Native Hawaiian governing entity; (2) provide the proposed constitution and bylaws, and an objective description of their provisions, to the Native Hawaiian people; (3) request the Secretary to hold an election to ratify the constitution and bylaws; and (4) submit the ratified constitution and bylaws to the Secretary for approval under the Indian Reorganization Act. Directs the Council, with the Secretary's assistance, to hold elections for officers of the Native Hawaiian governing entity identified in the approved constitution and bylaws. Terminates the Council on the date the members of the Native Hawaiian governing entity are installed. (Sec. 6) Gives the Native Hawaiian governing entity the inherent powers and privileges of self-government of an Indian tribe under applicable federal law. Considers the governing entity to be an Indian tribe eligible for the special programs and services the federal government provides to Indians. Subjects the governing entity to the Indian Gaming Regulatory Act. Prohibits the governing entity from conducting gaming activities, unless Hawaii permits such an activity for any purpose by an individual, organization, or entity. Authorizes the Secretary to consider the governing entity to be an Indian tribe for purposes of carrying out any activity authorized under the Indian Reorganization Act. Ratifies and confirms any action taken by the Secretary pursuant to the Indian Reorganization Act for the Native Hawaiian governing entity to the extent the action is challenged based on the question of whether the governing entity was federally recognized or under federal jurisdiction on June 18, 1934. (Sec. 8) Authorizes appropriations for the implementation of this Act.

A bill to express the policy of the United States regarding the United States relationship with Native Hawaiians and to provide a process for the recognition by the United States of the Native Hawaiian governing entity.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Capital Budget Commission Act of 1994''. SEC. 2. FINDINGS. The Congress finds that-- (1) deteriorating infrastructure and the demand for capital improvements and investment are at a critical stage; (2) limited funding is available for maintaining the existing infrastructure and building new infrastructure; (3) there is increased interest in capital budgeting and alternative financing options given present and future budget constraints; and (4) there is a need for evaluating what is to be included in a capital budget. SEC. 3. ESTABLISHMENT. There is established a commission to be known as the Capital Budget Commission (hereinafter in this Act referred to as the ``Commission''). SEC. 4. DUTIES OF COMMISSION. (a) Study.--The Commission shall study capital budgeting and evaluate what should be included in a capital budget for the United States Government. The Commission shall focus on investments that sustain growth and establish a process which encourages long-term investment and how to account for that investment. (b) Reports.--The Commission shall submit a preliminary and final report pursuant to section 8, each of which shall contain-- (1) a detailed statement of the findings and conclusions of the Commission on the matters described in subsection (a); and (2) specific recommendations with respect to-- (A) ways in which the Congress would implement capital budgeting for the United States Government; (B) prioritizing what should be included in a capital budget and establishing a method or formula to determine how to account for those items; and (C) possible changes in the executive and legislative branches which would facilitate the implementation of a capital budget. SEC. 5. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 15 members, to be appointed not later than 30 days after the date of the enactment of this Act, as follows: (1) 3 members appointed by the President. (2) 3 members, 1 of whom shall be a Senator, appointed by the President pro tempore of the Senate from among the recommendations made by the majority leader of the Senate. (3) 3 members, 1 of whom shall be a Senator, appointed by the President pro tempore of the Senate from among the recommendations made by the minority leader of the Senate. (4) 3 members, 2 of whom shall be Members of the House of Representatives, appointed by the Speaker of the House of Representatives. (5) 3 members, 2 of whom shall be Members of the House of Representatives, appointed by the minority leader of the House of Representatives. (b) Additional Qualifications.--The Commission members (not including the Members of Congress) shall be chosen from among individuals who are knowledgable about capital budgeting by virtue of their education and experience as demonstrated in their professional careers. (c) Continuation of Membership.--If a member was appointed to the Commission as a Member of Congress and the member ceases to be a Member of Congress, that member may continue as a member for not longer than the 60-day period beginning on the date that member ceases to be a Member of Congress. (d) Terms.-- (1) In general.--Each member of the Commission shall be appointed for the life of the Commission. (2) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (e) Basic Pay.-- (1) Rates of pay.--Except as provided in paragraph (2), each member of the Commission shall serve without pay. (2) Travel expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (f) Quorum.--8 members of the Commission shall constitute a quorum but a lesser number may hold hearings. (g) Chairperson.--The Chairperson of the Commission shall be elected by a majority of the members. (h) Meetings.--The Commission shall meet at the call of the Chairperson. SEC. 6. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS. (a) Director.--The Commission shall have a Director who shall be appointed by the Chairperson. The Director shall be paid at a rate not to exceed the maximum rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (b) Staff.--Subject to rules prescribed by the Commission, the Chairperson may appoint and fix the pay of additional personnel as the Chairperson considers appropriate. (c) Applicability of Certain Civil Service Laws.--The Director and staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of the annual rate of basic pay payable for level IV of the Executive Schedule under section 5315 of the title 5, United States Code. (d) Experts and Consultants.--The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals not to exceed the maximum annual rate of basic pay payable for GS-18 of the General Schedule. (e) Staff of Federal Agencies.--Upon request of the Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. SEC. 7. POWERS OF COMMISSION. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (b) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Obtaining Official Data.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Chairperson of the Commission, the head of that department or agency shall furnish that information to the Commission. (d) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (e) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. SEC. 8. REPORTS. (a) Preliminary Report.--The Commission shall submit to the President and the Congress a preliminary report not later than 12 months after the date on which all the members of the Commission have been appointed. (b) Final Report.--The Commission shall submit a final report to the President and the Congress not later than 18 months after the date on which all the members of the Commission have been appointed. SEC. 9. TERMINATION. The Commission shall terminate 30 days after submitting its final report pursuant to section 8(b). SEC. 10. AUTHORIZATION OF APPROPRIATIONS. Amounts shall be made available to carry out this Act only to the extent such amounts are made available in advance in appropriations Acts.

Capital Budget Commission Act of 1994 - Establishes the Capital Budget Commission to study and report to the Congress on capital budgeting, including an evaluation of what should be included in a capital budget for the Federal Government. Requires the Commission to: (1) focus on growth-sustaining investments; and (2) establish a process encouraging long-term investment. Authorizes appropriations.

Capital Budget Commission Act of 1994

SECTION 1. SHORT TITLE. This Act may be known as the ``Cents and Sensibility Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The United States Mint, in its 2001 annual report, announced that it was studying alternative metals for use in circulating coins, but has never released the study publicly or delivered it to Congress. (2) In May, 2006, the United States Mint delivered communications to the Congress indicating that the cost to produce circulating coins had increased dramatically owing to worldwide demand for commodity metals, to the point where-- (A) the price to produce 1-cent and 5-cent coins had or soon would surpass the face value of such coins; and (B) the cost to produce the 10-cent and quarter- dollar coins, while not exceeding their face value, had increased dramatically. (3) Such cost increases alone, while minimal per individual coins, taken together could increase the cost to taxpayers $1,000,000,000 or more over a decade. (4) In spite of having communicated the information concerning this costly dilemma, neither the Secretary of the Treasury or the Director of the United States Mint has made any recommendation for changing the metallic content of circulating coins in order to reduce the cost to produce such coins and thus control the effect on the general fund of the Treasury. (5) Other countries, recognizing the effect of the increase in commodity metal prices on the cost of producing circulating coins, have adjusted the metal content of some or all of their circulating coins in the period in which there has been no change in the metal content of United States circulating coins. (6) Canada has for several years produced a cent coin similar in size and weight to the United States 1-cent coin that is made of steel with a thin coating of copper, leading to a unit cost to produce such coins considerably less than that of the U.S. cent coin, and uses similar production techniques to control the costs of all of its circulating coins. (7) In 1943, owing to demands for copper due to the prosecution of World War II, the Mint produced the so-called ``steel pennies'' which were zinc-coated steel blanks. (8) In view of the prior experience of the United States Mint in producing the ``steel pennies'', there is no reason not to change the metal content of the cent coin immediately, and simply dropping the unit production cost of a 1-cent coin below its face value would save the Treasury nearly $1,000,000,000 over the next decade at current production levels. (9) Any changes to the metallic content of the 5-cent, 10- cent and quarter-dollar coins should be made simultaneously, to minimize the cost of adjustments that would need to be made to coin-accepting, coin-counting, and other coin-handling equipment and thus control costs to consumers. SEC. 3. REDUCING THE COST TO TAXPAYERS OF PRODUCING THE PENNY. (a) Steel Pennies Required.--Subsection (c) of section 5112 of title 31, United States Code, is amended to read as follows: ``(c) 1-Cent Coin.-- ``(1) In general.--The 1-cent coin shall-- ``(A) be produced primarily of steel; and ``(B) meet such other specifications as the Secretary may determine to be appropriate, including any change in the weight from that specified in subsection (a)(6). ``(2) Treatment.--The 1-cent coin shall be treated to impart a copper color to the appearance of the coins so that the appearance is similar to 1-cent coins produced of a copper- zinc alloy. ``(3) Exception for lincoln bicentennial numismatic pennies.--No provision of this subsection shall apply with respect to 1-cent coins described in section 304 of the Presidential $1 Coin Act of 2005 that are issued for numismatic purposes.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to all 1-cent coins issued after the end of the 90-day period beginning on the date of the enactment of this Act. SEC. 4. REDUCING THE COST TO TAXPAYERS OF PRODUCING OTHER CIRCULATING COINS WITHOUT INTERFERING WITH THE WAY SUCH COINS ARE HANDLED BY BUSINESS, GOVERNMENT, AND CONSUMERS IN THE COURSE OF ORDINARY COMMERCE. (a) Report Required.--Before the end of the 60-day period beginning at the end of the 90-day period referred to in section 3(b), the Secretary of the Treasury shall submit a report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate describing a unified plan developed by the Secretary to change the metallic content of the 5-cent, 10-cent, quarter-dollar and half-dollar circulating coins produced by the Secretary in such a way as to return the ratios between the unit cost to produce such coins and the face value of such coins to a point where it is as close as possible to the historic production cost to face value ratios achieved in the 1980s. (b) Detailed Recommendations and Model Legislation.--The reports required under this section shall contain detailed recommendations for the metallic content of each coin in such a form that the recommendations could be enacted into law within 30 days after the receipt of such report and appropriate congressional hearings and the production of such coins with new metallic content could begin within 90 days after the date of the enactment of such new specifications, should the Congress so choose. (c) Improved Production Efficiency.--The reports required under this section shall include recommendations for changes in the methods of producing coins at the United States Mints that would further reduce the costs to produce circulating coins. (d) Minimizing Potential Conversion Costs.--The reports required under this section shall-- (1) include no recommendation for new specifications for producing a circulating coin that would require more than 1 change to coin-accepting and coin-handling equipment to accommodate changes to all circulating coins simultaneously; and (2) to the greatest extent possible, recommend specifications that, while consistent with other portions of this section and the amendments made by this Act, require no changes to coin-accepting or coin-handling equipment whatsoever to accommodate both coins produced with the new specifications and coins produced as of July 31, 2007. (e) Fraud Prevention.--The reports required under this section shall make no recommendation for a specification change that would facilitate or allow the use of a coin with a lesser value produced by another country, or the use of any token or other easily or regularly produced metal device of minimal value, in the place of a circulating coin produced by the Secretary. (f) Further Recommendations for the 1-Cent Coin.--Notwithstanding the amendment made by section 3, the reports required by this section may contain any recommendation of the Secretary for any further changes to the metallic content of the 1-cent coin, other than the content of 1-cent coins described in section 304 of the Presidential $1 Coin Act of 2005 that are issued for numismatic purposes, that the Secretary determines is more effective to reduce the unit production costs for such coins. (g) Annual Review and Update.--At 1-year intervals following the submission of a report under subsection (a), the Secretary shall submit a report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate reviewing the metallic content of the 1-cent, 5- cent, 10-cent, quarter-dollar and half-dollar circulating coins produced by the Secretary. Each such report shall comply with the requirements of this section for reports submitted under subsection (a). SEC. 5. PROCUREMENT OF RESEARCH, TESTING, AND COMMODITIES. The Secretary of the Treasury may, to accomplish the goals of this Act, and consistent with the Secretary's development of the metallic content of the currently produced 1-dollar coin and the currently produced 5-cent, 10-cent, quarter-dollar and half-dollar coins, solicit input from within or without the Federal Government, including research facilities or the 2 current suppliers of the raw material for volume production of circulating coins with such new metallic content, and conduct any appropriate testing within or without the Department of the Treasury, consistent with all other applicable Federal laws on the procurement, or potential procurement of materials necessary for the performance of the duties of the Secretary.

Cents and Sensibility Act - Revises the discretionary authority of the Secretary of the Treasury to prescribe the weight and the composition of the alloy of the one-cent coin. Requires that the one-cent coin be: (1) produced primarily of steel; and (2) treated to impart a copper color to its appearance so that the appearance is similar to one-cent coins produced of a copper-zinc alloy. Exempts from such requirement certain Lincoln Bicentennial numismatic pennies. Requires the Secretary of the Treasury to report to certain congressional committees on a unified plan to change the metallic content of the five-cent, ten-cent, quarter-dollar and half-dollar circulating coins so as to return the ratios between the unit cost to produce such coins and their face value to a point where it is as close as possible to the historic production-cost-to-face-value ratios achieved in the 1980s.

To amend title 31, United States Code, to save the American taxpayers money by immediately altering the metallic composition of the 1-cent coin, to require a prompt review and report, with recommendations, for cost-saving changes in the metallic content of other circulating United States coins, and for other purposes.

That this Act may be cited as the ``Certified Development Company Enhancement and Improvement Act of 1997''. Sec. 2. Section 20 of the Small Business Act (15 U.S.C. 631 note) is amended by inserting the following new subsection: ``(r) The following program levels are authorized in financings as provided in section 7(a)(13) and section 504 of the Small Business Investment Act of 1958: ``(1) $3,000,000,000 for fiscal year 1998; ``(2) $3,500,000,000 for fiscal year 1999; and ``(3) $4,500,000,000 for fiscal year 2000.''. Sec. 3. Section 503 of the Small Business Investment Act of 1958 (15 U.S.C. 697) is amended-- (a) by striking subsection (b)(7)(A) and inserting the following: ``(A) assesses and collects a fee, which shall be payable by the borrower, in an amount equal to 0.9375 percent per year of the outstanding balance of the loan; and''; (b) by striking from subsection (d)(2) ``equal to 50 basis points'' and inserting ``equal to not more than 50 basis points''; (c) by adding the following at the end of subsection (d)(2): ``The amount of the fee authorized herein shall be established annually by the Administration in the minimal amount necessary to reduce the cost (as that term is defined in section 502 of the Federal Credit Reform Act of 1990) to the Administration of purchasing and guaranteeing debentures under this Act to zero.''; and (d) by striking from subsection (f) ``1997'' and inserting ``2000''. Sec. 4. Section 508(a) of the Small Business Investment Act of 1958 (15 U.S.C. 697e(a)) is amended by striking ``not more than 15''. Sec. 5. Section 508(b)(2) of the Small Business Investment Act of 1958 (15 U.S.C. 697e(b)(2)) is amended by striking paragraphs (A) and (B) and inserting: ``(A) is an active certified development company in good standing and has been an active participant in the accredited lenders program during the entire 12-month period preceding the date on which the company submits an application under paragraph (1), except that the Administration may waive this requirement if the company is qualified to participate in the accredited lenders program; ``(B) has a history (i) of submitting to the Administration adequately analyzed debenture guarantee application packages and (ii) of properly closing section 504 loans and servicing its loan portfolio; and''. Sec. 6. Section 508(c) of the Small Business Investment Act of 1958 (15 U.S.C. 697e(c)) is amended to read as follows: ``(c) Loss Reserve.-- ``(1) Establishment.--A company designated as a premier certified lender shall establish a loss reserve for financings approved pursuant to this section. ``(2) Amount.--The amount of the loss reserve shall be equal to 10 percent of the amount of the company's exposure as determined under subsection (b)(2)(C). ``(3) Assets.--The loss reserve shall be comprised of any combination of the following types of assets: ``(A) segregated funds on deposit in an account or accounts with a federally insured depository institution or institutions selected by the company, subject to a collateral assignment in favor of, and in a format acceptable to, the Administration; or ``(B) irrevocable letter or letters of credit, with a collateral assignment in favor of, and a commercially reasonable format acceptable to, the Administration. ``(4) Contributions.--The company shall make contributions to the loss reserve, either cash or letters of credit as provided above, in the following amounts and at the following intervals; ``(A) 50 percent when a debenture is closed; ``(B) 25 percent additional not later than 1 year after a debenture is closed; and ``(C) 25 percent additional not later than 2 years after a debenture is closed. ``(5) Replenishment.--If a loss has been sustained by the Administration, any portion of the loss reserve, and other funds provided by the premier company as necessary, may be used to reimburse the Administration for the company's 10 percent share of the loss as provided in subsection (b)(2)(C). If the company utilizes the reserve, within 30 days it shall replace an equivalent amount of funds. ``(6) Disbursements.--The Administration shall allow the certified development company to withdraw from the loss reserve amounts attributable to any debenture which has been repaid.'' Sec. 7. Section 508 of the Small Business Investment Act of 1958 (15 U.S.C. 697e) is amended by inserting the following after subsection (d) and by redesignating subsections (e) to (i) as (f) to (j): ``(e) Program Goals.--Certified development companies participating in this program shall establish a goal of processing a minimum of at least 50 percent of their loan applications for section 504 assistance pursuant to the premier certified lender program authorized in this section.''. Sec. 8. Section 508(g) of the Small Business Investment Act of 1958 (15 U.S.C. 697e(g)), as redesignated herein, is amended by striking ``State or local'' and inserting ``certified''. Sec. 9. Section 508(h) of the Small Business Investment Act of 1958 (15U.S.C. 697e(h)), as redesignated herein, is amended-- (1) by striking ``Effect of Suspension or Designation'' and inserting ``Effect of Suspension or Revocation''; and (2) by striking ``under subsection (f)'' and inserting ``under subsection (g)''. Sec. 10. Section 508(i) of the Small Business Investment Act of 1958 (15 U.S.C. 697e(i)), as redesignated herein, is amended to read as follows: ``(i) Regulations.--Not later than 90 days after the date of enactment of this section, the Administration shall promulgate regulations to carry out this section. Not later than 120 days after the date of enactment, the Administration shall issue program guidelines and implement the changes made herein.''. Sec. 11. Section 508(j) of the Small Business Investment Act of 1958 (15 U.S.C. 697e(j)), as redesignated herein, is amended by striking ``other lenders'' and inserting ``other lenders, specifically comparing default rates and recovery rates on liquidations''. Sec. 12. Section 217(b) of Public Law 103-403 (108 Stat. 4185) is repealed. Sec. 13. Section 508(d) of the Small Business Investment Act of 1958 (15 U.S.C. 697e(d)) is amended by striking ``to approve loans'' and inserting ``to approve, authorize, close, service, and liquidate loans''. Sec. 14. Section 502(1) of the Small Business Investment Act of 1958 (15 U.S.C. 696(1)) is amended to read as follows: ``(1) The proceeds of any such loan shall be used solely by such borrower or borrowers to assist an identifiable small- business or businesses and for a sound business purpose approved by the Administration.''. Sec. 15. Section 502 of the Small Business Investment Act of 1958 (15 U.S.C. 696) is amended by adding the following new subsection: ``(5) Not to exceed 25 per centum of the project may be leased by the assisted small business: Provided, That the tenant is a small business concern: And provided further, That the assisted small business shall be required to occupy and use not less than 55 per centum of the space in the project after the execution of any leases authorized in this section.''. Sec. 16. Section 502(3) of the Small Business Investment Act of 1958 (15 U.S.C. 696(3)) is amended by inserting the following new paragraphs: ``(D) Seller financing.--Seller provided financing may be used to meet the requirements of-- ``(i) paragraph (B), if the seller subordinates his interest in the property to the debenture guaranteed by the Administration; and ``(ii) not to exceed 50 percent of the amounts required by paragraph (C). ``(E) Collateral requirements.--Collateral provided by the small business concern shall be valued in an amount estimated as the reasonable value of the property by a willing buyer and a willing seller and shall include property not a part of the project being financed only if the Administration determines to impose such a requirement on a case-by-case basis.''.

Certified Development Company Enhancement and Improvement Act of 1997 - Amends the Small Business Act to authorize appropriations for FY 1998 through 2000 for the certified development company (CDC) program of the Small Business Investment Act of 1958 (the Act). (Sec. 3) Amends the Act to limit the fee authorized to be assessed and collected by the Small Business Administration (SBA) for each loan made from the proceeds of SBA debentures to a specified percentage of the outstanding balance of the loan. Requires the amount of the fee authorized for administrative expenses under the CDC program to be established annually by the SBA in the minimal amount necessary to reduce to zero the SBA cost of purchasing and issuing debentures under the Act. Extends the applicability of the prescribed fees to financings approved before October 1, 2000. (Sec. 4) Repeals a provision limiting to 15 the number of CDC participants in the Premier Certified Lenders Program (Program). Revises requirements for Program participation and the required loss reserve for Program financings. Requires loss reserve replenishment within 30 days after its use. Requires companies participating in the Program to establish a goal of processing a minimum of at least 50 percent of their total loan applications for CDC program assistance pursuant to the Program. Revises the period for the promulgation of Program regulations and guidelines. (Sec. 12) Repeals a provision which provided for termination of the Program on October 1, 1997. (Sec. 13) Authorizes approved certified lenders to authorize, service, close, and liquidate loans under the Program. (Sec. 16) Allows up to 25 percent of a Program project for plant acquisition, construction, conversion, or expansion to be leased by the small business assisted under the project, provided such business meets specified conditions and requirements. Permits any development company assisted under a project to finance any required project down payment. Provides for property valuation of collateral being provided by a small business under a project.

Certified Development Company Enhancement and Improvement Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``James Guelff Body Armor Act of 2000''. SEC. 2. FINDINGS. Congress finds that-- (1) nationally, police officers and ordinary citizens are facing increased danger as criminals use more deadly weaponry, body armor, and other sophisticated assault gear; (2) crime at the local level is exacerbated by the interstate movement of body armor and other assault gear; (3) there is a traffic in body armor moving in or otherwise affecting interstate commerce, and existing Federal controls over such traffic do not adequately enable the States to control this traffic within their own borders through the exercise of their police power; (4) recent incidents, such as the murder of San Francisco Police Officer James Guelff by an assailant wearing 2 layers of body armor and a 1997 bank shoot out in north Hollywood, California, between police and 2 heavily armed suspects outfitted in body armor, demonstrate the serious threat to community safety posed by criminals who wear body armor during the commission of a violent crime; (5) of the approximately 1,200 officers killed in the line of duty since 1980, more than 30 percent could have been saved by body armor, and the risk of dying from gunfire is 14 times higher for an officer without a bulletproof vest; (6) the Department of Justice has estimated that 25 percent of State and local police are not issued body armor; (7) the Federal Government is well-equipped to grant local police departments access to body armor that is no longer needed by Federal agencies; and (8) Congress has the power, under the interstate commerce clause and other provisions of the Constitution of the United States, to enact legislation to regulate interstate commerce that affects the integrity and safety of our communities. SEC. 3. DEFINITIONS. In this Act: (1) Body armor.--The term ``body armor'' means any product sold or offered for sale, in interstate or foreign commerce, as personal protective body covering intended to protect against gunfire, regardless of whether the product is to be worn alone or is sold as a complement to another product or garment. (2) Law enforcement agency.--The term ``law enforcement agency'' means an agency of the United States, a State, or a political subdivision of a State, authorized by law or by a government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law. (3) Law enforcement officer.--The term ``law enforcement officer'' means any officer, agent, or employee of the United States, a State, or a political subdivision of a State, authorized by law or by a government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law. SEC. 4. AMENDMENT OF SENTENCING GUIDELINES WITH RESPECT TO BODY ARMOR. (a) Sentencing Enhancement.--The United States Sentencing Commission shall amend the Federal sentencing guidelines to provide an appropriate sentencing enhancement, increasing the offense level not less than 2 levels, for any offense in which the defendant used body armor. (b) Applicability.--No amendment made to the Federal Sentencing Guidelines pursuant to this section shall apply if the Federal offense in which the body armor is used constitutes a violation of, attempted violation of, or conspiracy to violate the civil rights of any person by a law enforcement officer acting under color of the authority of such law enforcement officer. SEC. 5. PROHIBITION OF PURCHASE, USE, OR POSSESSION OF BODY ARMOR BY VIOLENT FELONS. (a) Definition of Body Armor.--Section 921(a) of title 18, United States Code, is amended by adding at the end the following: ``(35) The term `body armor' means any product sold or offered for sale, in interstate or foreign commerce, as personal protective body covering intended to protect against gunfire, regardless of whether the product is to be worn alone or is sold as a complement to another product or garment.''. (b) Prohibition.-- (1) In general.--Chapter 44 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 931. Prohibition on purchase, ownership, or possession of body armor by violent felons ``(a) In General.--Except as provided in subsection (b), it shall be unlawful for a person to purchase, own, or possess body armor, if that person has been convicted of a felony that is-- ``(1) a crime of violence (as defined in section 16); or ``(2) an offense under State law that would constitute a crime of violence under paragraph (1) if it occurred within the special maritime and territorial jurisdiction of the United States. ``(b) Affirmative Defense.-- ``(1) In general.--It shall be an affirmative defense under this section that-- ``(A) the defendant obtained prior written certification from his or her employer that the defendant's purchase, use, or possession of body armor was necessary for the safe performance of lawful business activity; and ``(B) the use and possession by the defendant were limited to the course of such performance. ``(2) Employer.--In this subsection, the term `employer' means any other individual employed by the defendant's business that supervises defendant's activity. If that defendant has no supervisor, prior written certification is acceptable from any other employee of the business.''. (2) Clerical amendment.--The analysis for chapter 44 of title 18, United States Code, is amended by adding at the end the following: ``931. Prohibition on purchase, ownership, or possession of body armor by violent felons.''. (c) Penalties.--Section 924(a) of title 18, United States Code, is amended by adding at the end the following: ``(7) Whoever knowingly violates section 931 shall be fined under this title, imprisoned not more than 3 years, or both.''. SEC. 6. DONATION OF FEDERAL SURPLUS BODY ARMOR TO STATE AND LOCAL LAW ENFORCEMENT AGENCIES. (a) Definitions.--In this section, the terms ``Federal agency'' and ``surplus property'' have the meanings given such terms under section 3 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 472). (b) Donation of Body Armor.--Notwithstanding section 203 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 484), the head of a Federal agency may donate body armor directly to any State or local law enforcement agency, if such body armor is-- (1) in serviceable condition; and (2) surplus property. (c) Notice to Administrator.--The head of a Federal agency who donates body armor under this section shall submit to the Administrator of General Services a written notice identifying the amount of body armor donated and each State or local law enforcement agency that received the body armor. (d) Donation by Certain Officers.-- (1) Department of justice.--In the administration of this section with respect to the Department of Justice, in addition to any other officer of the Department of Justice designated by the Attorney General, the following officers may act as the head of a Federal agency: (A) The Administrator of the Drug Enforcement Administration. (B) The Director of the Federal Bureau of Investigation. (C) The Commissioner of the Immigration and Naturalization Service. (D) The Director of the United States Marshals Service. (2) Department of the treasury.--In the administration of this section with respect to the Department of the Treasury, in addition to any other officer of the Department of the Treasury designated by the Secretary of the Treasury, the following officers may act as the head of a Federal agency: (A) The Director of the Bureau of Alcohol, Tobacco, and Firearms. (B) The Commissioner of Customs. (C) The Director of the United States Secret Service. (e) No Liability.--Notwithstanding any other provision of law, the United States shall not be liable for any harm occurring in connection with the use or misuse of any body armor donated under this section. Passed the Senate October 25 (legislative day, September 22), 2000. Attest: GARY SISCO, Secretary.

(Sec. 5) Amends the Brady Handgun Violence Prevention Act to prohibit the purchase, ownership, or possession of body armor by violent felons. Makes it an affirmative defense that: (1) the defendant obtained prior written certification from his or her employer that the defendant's purchase, use, or possession of body armor was necessary for the safe performance of lawful business activity; and (2) the use and possession by the defendant were limited to the course of such performance. Defines "employer" to mean any other individual employed by the defendant's business that supervises the defendant's activity (but if that defendant has no supervisor, prior written certification is acceptable from any other employee of the business). Sets penalties for violations of this prohibition. (Sec. 6) Authorizes the head of a Federal agency to donate body armor that is surplus property and in serviceable condition directly to any State or local law enforcement agency. Allows specified officials in the Treasury and Justice Departments to act as the head of a Federal agency. Specifies that the United States shall not be liable for any harm occurring in connection with the use or misuse of any body armor donated under this section.

James Guelff Body Armor Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural and Small Town Telework Tax Credit Act of 2009''. SEC. 2. EMPLOYER CREDIT FOR TELEWORKING EQUIPMENT AND EXPENSES. (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. TELEWORKING EQUIPMENT CREDIT. ``(a) In General.--In the case of an employer, the teleworking credit determined under this section is an amount equal to-- ``(1) the cost of qualified teleworking equipment placed in service by the taxpayer during the taxable year, and ``(2) the amount of expenses paid or incurred by the taxpayer during the taxable year to maintain qualified teleworking equipment. ``(b) Limitation.--The credit determined under this section for a taxable year shall not exceed the lesser of-- ``(1) $1,000 with respect to each qualified teleworking employee of the employer, or ``(2) $50,000. ``(c) Definitions.--For purposes of this section-- ``(1) Qualified teleworking equipment.--The term `qualified teleworking equipment' means telecommunication equipment-- ``(A) which is used to enable employees of the taxpayer to telework, and ``(B) the original use of which begins with the taxpayer. ``(2) Qualified teleworking employee.--The term `qualified teleworking employee' means a teleworking employee who teleworks in any county or group of counties that-- ``(A) is not designated by the Office of Management and Budget as either a micropolitan statistical area or metropolitan statistical area, ``(B) is designated by the Office of Management and Budget as a micropolitan statistical area, or ``(C) is designated by the Office of Management and Budget as a metropolitan statistical area with a population of no more than 200,000 people. ``(3) Teleworking employee.--The term `teleworking employee' means any employee of the taxpayer who performs services for the taxpayer under an arrangement under which the employee teleworks for the taxpayer at least 20 hours per week during the taxable year. ``(4) Telework.--The term `telework' means to perform work functions using electronic information and communication technologies and thereby reducing or eliminating the physical commute to and from the traditional worksite. ``(d) Special Rules.-- ``(1) Basis reduction.--For purposes of this subtitle, the basis of any property for which a credit is determined under subsection (a) shall be reduced by the amount of credit so determined. ``(2) 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 one person for purposes of this section. ``(3) Recapture.--The Secretary shall, by regulations, provide for recapturing the benefit of any credit allowable under subsection (a) with respect to any property which ceases to be property eligible for such credit during the useful life of such property. ``(4) Property used outside united states, etc., not qualified.--No credit shall be allowed under subsection (a) with respect to any property referred to in section 50(b) or with respect to expenses related to such property. ``(5) Election not to take credit.--No credit shall be allowed under subsection (a) for any property or expense if the taxpayer elects to have this section not apply with respect to such property or expense. ``(6) Denial of double benefit.--No deduction shall be allowed under this chapter with respect to any expense which is taken into account in determining the credit under this section.''. (b) Conforming Amendment.--Subsection (a) of section 1016 of such Code is amended by striking ``and'' at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting ``, and'', and by adding at the end the following new paragraph: ``(38) to the extent provided in section 45R(d)(1).''. (c) Credit To Be Part of General Business Credit.--Section 38(b) of such Code 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 of following new paragraph: ``(36) in the case of an employer, the teleworking credit determined under section 45R(a).''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45R. Teleworking equipment credit.''. (e) Effective Date.--The amendments made by this section shall apply to property placed in service, and expenses paid or incurred, after the date of the enactment of this Act in taxable years ending after such date.

Rural and Small Town Telework Tax Credit Act of 2009 - Amends the Internal Revenue Code to allow employers a tax credit for the cost of installing and maintaining qualified teleworking equipment (i.e., electronic and communications equipment used to eliminate the commute to and from traditional worksites). Limits the amount of such credit to the lesser of $1,000 for each teleworking employee or $50,000.

To amend the Internal Revenue Code of 1986 to allow employers a credit against income tax for the cost of teleworking equipment and expenses in rural and small town America.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Microcredit for Self-Reliance Act of 1997''. SEC. 2. FINDINGS AND DECLARATIONS OF POLICY. The Congress makes the following findings and declarations: (1) More than 1,000,000,000 people in the developing world are living in severe poverty. (2) According to the United Nations Children's Fund (UNICEF), mortality for children under the age of 5 averages 100 child deaths per thousand for all developing countries, with nearly double that rate in the poorest countries. (3) Nearly 35,000 children die each day from largely preventable malnutrition and disease. (4)(A) Women in poverty generally have larger work loads, and less access to educational and economic opportunities than their male counterparts. (B) Directly aiding the poorest of the poor, especially women, in the developing world has a positive effect not only on family incomes, but also on child nutrition, health and education, as women in particular reinvest income in their families. (5)(A) The poor in the developing world, particularly women, generally lack stable employment and social safety nets. (B) Many turn to self-employment to generate a substantial portion of their livelihood. (C) These poor entrepreneurs are often trapped in poverty because they cannot obtain credit at reasonable rates to build their asset base or expand their otherwise viable self- employment activities. (D) Many of the poor are forced to pay interest rates as high as 10 percent per day to money lenders. (6)(A) On February 2-4, 1997, a global microcredit summit was held in Washington, District of Columbia, to launch a plan to expand access to credit for self-employment and other financial and business services to 100,000,000 of the world's poorest families, especially the women of those families, by 2005. (B) With five to a family, achieving this goal will mean that the benefits of microcredit will thereby reach nearly half of the world's more than 1,000,000,000 absolute poor. (7)(A) The poor are able to expand their incomes and their businesses dramatically when they can access loans at reasonable interest rates. (B) Through the development of self-sustaining microcredit programs, poor people themselves can lead the fight against hunger and poverty. (8)(A) Nongovernmental organizations such as the Grameen Bank, Accion International, and the Foundation for International Community Assistance (FINCA) have been successful in lending directly to the very poor. (B) These institutions generate repayment rates averaging 95 percent or higher, demonstrating the bankability of the poorest. (C) International organizations such as the International Fund for Agricultural Development (IFAD) and the United Nations Development Program (UNDP) have demonstrated success in supporting microcredit programs. (9)(A) Microcredit institutions not only reduce poverty, but also reduce the dependency on foreign assistance. (B) Interest income on a credit portfolio can be used to pay recurring institutional costs, assuring the long-term sustainability of development assistance. (10) Microcredit institutions leverage foreign assistance resources because loans are recycled, generating new benefits to program participants. (11) The development of sustainable microcredit institutions which provide credit and training, and mobilize domestic savings, are critical components to a global strategy of poverty reduction and broad based economic development. (12)(A) In 1994, the United States Agency for International Development launched a microenterprise initiative in partnership with the Congress. (B) The initiative committed to expanding funding for the microenterprise programs of the Agency, and set a goal that, by the end of fiscal year 1996, half of all microenterprise resources would support programs and institutions providing credit to the poorest, with loans under $300. (C) In order to achieve the goal of the microcredit summit, increased investment in microcredit institutions serving the poorest will be critical. (13) Providing the United States share of the global investment needed to achieve the goal of the microcredit summit will require only a small increase in United States funding for international microcredit programs, with an increased focus on institutions serving the poorest. (14)(A) In order to reach tens of millions of the poorest with microcredit, it is crucial to expand and replicate successful microcredit institutions. (B) These institutions need assistance in developing their institutional capacity to expand their services and tap commercial sources of capital. (15) Nongovernmental organizations have demonstrated competence in developing networks of local microcredit institutions so that they reach large numbers of the very poor, and achieve financial sustainability. (16) Recognizing that the United States Agency for International Development has developed very effective partnerships with nongovernmental organizations, and that the Agency will have fewer missions to carry out its work, the Agency should place priority on investing in these nongovernmental network institutions through the central funding mechanisms of the Agency. (17) By expanding and replicating successful microcredit institutions, it should be possible to create a global infrastructure to provide financial services to the world's poorest families. (18)(A) The United States Agency for International Development can provide leadership to other bilateral and multilateral development agencies as such agencies expand their support to the microenterprise sector. (B) The United States Agency for International Development should seek to improve coordination of donor efforts at the operational level to promote the use of best practices in the provision of financial services to the poor and to ensure that adequate institutional capacity is developed. (19) Through expanded support for microcredit, especially credit for the poorest, the United States Agency for International Development can continue to play a leadership role in the global effort to expand financial services and opportunity to 100,000,000 of the poorest families on the planet. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to provide for the continuation and expansion of the commitment of the United States Agency for International Development to the development of microenterprise institutions; (2) to make microenterprise development the centerpiece of the overall economic growth strategy of the United States Agency for International Development; (3) to support and develop the capacity of United States and indigenous nongovernmental organization intermediaries to provide credit, savings, and training services to microentrepreneurs; (4) to increase the amount of assistance devoted to credit activities designed to reach the poorest sector in developing countries, and to improve the access of the poorest, particularly women, to microenterprise credit in developing countries; and (5) to encourage the United States Agency for International Development to provide global leadership in promoting microenterprise for the poorest among bilateral and multilateral donors. SEC. 4. MICRO- AND SMALL ENTERPRISE DEVELOPMENT CREDITS. Section 108 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151f) is amended to read as follows: ``SEC. 108. MICRO- AND SMALL ENTERPRISE DEVELOPMENT CREDITS. ``(a) Findings and Policy.--The Congress finds and declares that-- ``(1) the development of micro- and small enterprise, including cooperatives, is a vital factor in the stable growth of developing countries and in the development and stability of a free, open, and equitable international economic system; ``(2) it is, therefore, in the best interests of the United States to assist the development of the private sector in developing countries and to engage the United States private sector in that process; ``(3) the support of private enterprise can be served by programs providing credit, training, and technical assistance for the benefit of micro- and small enterprises; and ``(4) programs that provide credit, training, and technical assistance to private institutions can serve as a valuable complement to grant assistance provided for the purpose of benefiting micro- and small private enterprise. ``(b) Program.--To carry out the policy set forth in subsection (a), the President is authorized to provide assistance to increase the availability of credit to micro- and small enterprises lacking full access to credit, including through-- ``(1) loans and guarantees to credit institutions for the purpose of expanding the availability of credit to micro- and small enterprises; ``(2) training programs for lenders in order to enable them to better meet the credit needs of micro- and small entrepreneurs; and ``(3) training programs for micro- and small entrepreneurs in order to enable them to make better use of credit and to better manage their enterprises. ``(c) Eligibility Criteria.--The Administrator of the United States Agency for International Development shall establish criteria for determining which entities described in subsection (b) are eligible to carry out activities, with respect to microenterprises, assisted under this section. Such criteria may include the following: ``(1) The extent to which the recipients of credit from the entity do not have access to the local formal financial sector. ``(2) The extent to which the recipients of credit from the entity are among the poorest people in the country. ``(3) The extent to which the entity is oriented toward working directly with poor women. ``(4) The extent to which the entity recovers its cost of lending to the poor. ``(5) The extent to which the entity implements a plan to become financially sustainable.''. SEC. 5. MICROENTERPRISE DEVELOPMENT GRANT ASSISTANCE. Chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended by adding at the end the following new section: ``SEC. 129. MICROENTERPRISE DEVELOPMENT GRANT ASSISTANCE. ``(a) Authorization.--(1) In carrying out this part, the Administrator of the United States Agency for International Development is authorized to provide grant assistance for programs of credit and other assistance for microenterprises in developing countries. ``(2) Assistance authorized under paragraph (1) shall be provided through organizations that have a capacity to develop and implement microenterprise programs, including particularly-- ``(A) United States and indigenous private and voluntary organizations; ``(B) United States and indigenous credit unions and cooperative organizations; or ``(C) other indigenous governmental and nongovernmental organizations. ``(3) Approximately one-half of the credit assistance authorized under paragraph (1) shall be used for poverty lending programs, including the poverty lending portion of mixed programs. Such programs-- ``(A) shall meet the needs of the very poor members of society, particularly poor women; and ``(B) should provide loans of $300 or less in 1995 United States dollars to such poor members of society. ``(4) The Administrator should continue support for mechanisms that-- ``(A) provide technical support for field missions; ``(B) strengthen the institutional development of the intermediary organizations described in paragraph (2); and ``(C) share information relating to the provision of assistance authorized under paragraph (1) between such field missions and intermediary organizations. ``(b) Monitoring System.--In order to maximize the sustainable development impact of the assistance authorized under subsection (a)(1), the Administrator shall establish a monitoring system that-- ``(1) establishes performance goals for such assistance and expresses such goals in an objective and quantifiable form, to the extent feasible; ``(2) establishes performance indicators to be used in measuring or assessing the achievement of the goals and objectives of such assistance; and ``(3) provides a basis for recommendations for adjustments to such assistance to enhance the sustainable development impact of such assistance, particularly the impact of such assistance on the very poor, particularly poor women.''. SEC. 6. MULTILATERAL COOPERATION WITH THE INTERNATIONAL FUND FOR AGRICULTURAL DEVELOPMENT. (a) Findings.--The Congress finds the following: (1)(A) The International Fund for Agricultural Development (``IFAD'') has as its mission serving the poorest of the poor in rural areas. (B) IFAD has had two decades of experience in assisting the economic development of the rural poor. (2) IFAD has been a significant supporter of microenterprise and other microfinance activities for the rural poor almost since its inception and it was the first international institution to assist the Grameen Bank. (3) IFAD can make a significant contribution to developing a global network of sustainable microenterprise and other microfinance institutions which serve the very poor through support for nongovernmental organizations and other community- based microcredit institutions. (b) Sense of the Congress.--It is the sense of the Congress that-- (1) the United States Agency for International Development, in carrying out sections 108 and 129 of the Foreign Assistance Act of 1961, as added by sections 4 and 5 of this Act, respectively, shall seek to cooperate with IFAD in order to compliment and expand the activities of IFAD, especially with respect to institutional development; and (2) the United States should continue to support and contribute to the activities of IFAD, especially activities related to microenterprise and microfinance, including the Microfinance Capacity Building Grant Initiative. SEC. 7. UNITED NATIONS DEVELOPMENT PROGRAM'S MICROSTART PROGRAM. It is the sense of the Congress that-- (1) the Microstart Program established by the United Nations Development Program (UNDP) represents an important new initiative; and (2) the President should instruct the United States representative to the United Nations to use the voice and vote of the United States to support the Microstart Program of the United Nations Development Program. Passed the House of Representatives November 9, 1997. Attest: ROBIN H. CARLE, Clerk.

Microcredit for Self-Reliance Act of 1997 - Amends the Foreign Assistance Act of 1961 to set forth congressional findings and policy, including that: (1) the development of micro- and small enterprise, including cooperatives, is a vital factor in the growth of developing countries and in the development of a free, open, and equitable international economic system; and (2) programs that provide credit, training, and technical assistance to private institutions can serve as a valuable complement to grant assistance provided for the purpose of benefiting micro- and small private enterprise. Authorizes the President to provide assistance to increase the availability of credit to micro- and small enterprises lacking full access to credit through: (1) loans and guarantees to credit institutions; and (2) training programs for lenders and micro- and small entrepreneurs. Sets forth assistance eligibility criteria. Authorizes the Administrator of the U.S. Agency for International Development (AID) to provide grant assistance for programs of credit and other assistance for microenterprises in developing countries. Directs the Administrator, in order to maximize the sustainable development impact of such assistance, to establish a monitoring system that sets certain performance goals for it. Expresses the sense of the Congress that: (1) AID, in carrying out the goals of this Act, shall seek to cooperate with the International Fund for Agricultural Development (IFAD) in order to complement and expand IFAD activities, especially with respect to institutional development; and (2) the United States should continue to support and contribute to IFAD activities, especially those related to microenterprises and microfinance (including the Microfinance Capacity Building Grant Initiative). Expresses the sense of the Congress that: (1) the Microstart Program established by the United Nations Development Program (UNDP) represents an important new initiative; and (2) the President should instruct the U.S. representative to the United Nations to use the U.S. vote to support the Program.

Microcredit for Self-Reliance Act of 1997

SEC. 101. SAFE SCHOOLS. (a) In General.--Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), is amended-- (1) by redesignating part X as part Y; (2) by redesignating section 2401 as section 2501; and (3) by inserting after part W the following: ``PART X--SAFE SCHOOLS ASSISTANCE ``SEC. 2401. GRANT AUTHORIZATION. ``(a) In General.--The Director of the Bureau of Justice Assistance, in consultation with the Secretary of Education, may make grants to local educational agencies for the purpose of providing assistance to such agencies most directly affected by crime and violence. ``(b) Model Project.--The Director, in consultation with the Secretary of Education, shall develop a written safe schools model in English and in Spanish in a timely fashion and make such model available to any local educational agency that requests such information. ``SEC. 2402. USE OF FUNDS. ``Grants made by the Director under this part shall be used-- ``(1) to fund anticrime and safety measures and to develop education and training programs for the prevention of crime, violence, and illegal drugs and alcohol; ``(2) for counseling programs for victims of crime within schools; ``(3) for crime prevention equipment, including metal detectors and video-surveillance devices; and ``(4) for the prevention and reduction of the participation of young individuals in organized crime and drug and gang- related activities in schools. ``SEC. 2403. APPLICATIONS. ``(a) In General.--In order to be eligible to receive a grant under this part for any fiscal year, a local educational agency shall submit an application to the Director in such form and containing such information as the Director may reasonably require. ``(b) Requirements.--Each application under subsection (a) shall include-- ``(1) a request for funds for the purposes described in section 2402; ``(2) a description of the schools and communities to be served by the grant, including the nature of the crime and violence problems within such schools; ``(3) assurances that Federal funds received under this part shall be used to supplement, not supplant, non-Federal funds that would otherwise be available for activities funded under this part; and ``(4) statistical information in such form and containing such information that the Director may require regarding crime within schools served by such local educational agency. ``(c) Comprehensive Plan.--Each application shall include a comprehensive plan that shall contain-- ``(1) a description of the crime problems within the schools targeted for assistance; ``(2) a description of the projects to be developed; ``(3) a description of the resources available in the community to implement the plan together with a description of the gaps in the plan that cannot be filed with existing resources; ``(4) an explanation of how the requested grant will be used to fill gaps; ``(5) a description of the system the applicant will establish to prevent and reduce crime problems; and ``(6) a description of educational materials to be developed in Spanish. ``SEC. 2404. ALLOCATION OF FUNDS; LIMITATIONS ON GRANTS. ``(a) Administrative Cost Limitation.--The Director shall use not more than 5 percent of the funds available under this part for the purposes of administration and technical assistance. ``(b) Renewal of Grants.--A grant under this part may be renewed for up to 2 additional years after the first fiscal year during which the recipient receives its initial grant under this part, subject to the availability of funds, if-- ``(1) the Director determines that the funds made available to the recipient during the previous year were used in a manner required under the approved application; and ``(2) the Director determines that an additional grant is necessary to implement the crime prevention program described in the comprehensive plan as required by section 2403(c). ``SEC. 2405. AWARD OF GRANTS. ``(a) Selection of Recipients.--The Director, in consultation with the Secretary of Education, shall consider the following factors in awarding grants to local educational agencies: ``(1) Crime problem.--The nature and scope of the crime problem in the targeted schools. ``(2) Need and ability.--Demonstrated need and evidence of the ability to provide the services described in the plan required under section 2403(c). ``(3) Population.--The number of students to be served by the plan required under section 2403(c). ``(b) Geographic Distribution.--The Director shall attempt, to the extent practicable, to achieve an equitable geographic distribution of grant awards. ``SEC. 2406. REPORTS. ``(a) Report to Director.--Local educational agencies that receive funds under this part shall submit to the Director a report not later than March 1 of each year that describes progress achieved in carrying out the plan required under section 2403(c). ``(b) Report to Congress.--The Director shall submit to the House Committee on Education and Labor, the Senate Committee on Labor and Human Resources, and the Committees on the Judiciary of the Senate and the House of Representatives a report by October 1 of each year in which grants are made available under this part which shall contain a detailed statement regarding grant awards, activities of grant recipients, a compilation of statistical information submitted by applicants under 2403(b)(4), and an evaluation of programs established under this part. ``SEC. 2407. DEFINITIONS. ``For the purpose of this part: ``(1) The term `Director' means the Director of the Bureau of Justice Assistance. ``(2) The term `local educational agency' means a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary and secondary schools in a city, county, township, school district, or other political subdivision of a State, or such combination of school districts of counties as are recognized in a State as an administrative agency for its public elementary and secondary schools. Such term includes any other public institution or agency having administrative control and direction of a public elementary or secondary school.''. (b) Conforming Amendment.--The table of contents of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), is amended by striking the matter relating to part X and inserting the following: ``Part X--Safe Schools Assistance ``Sec. 2401. Grant authorization. ``Sec. 2402. Use of funds. ``Sec. 2403. Applications. ``Sec. 2404. Allocation of funds; limitations on grants. ``Sec. 2405. Award of grants. ``Sec. 2406. Reports. ``Sec. 2407. Definitions. ``Part Y--Transition; Effective Date; Repealer ``Sec. 2501. Continuation of rules, authorities, and proceedings.''. SEC. 2402. AUTHORIZATION OF APPROPRIATIONS. Section 1001(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793), is amended by adding after paragraph (17) the following: ``(18) There are authorized to be appropriated $100,000,000 for each of the fiscal years 1994, 1995, and 1996 to carry out the projects under part X.''.

Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Director of the Bureau of Justice Assistance to make grants to local educational agencies (LEAs) most directly affected by crime and violence. Requires the Director to develop and make available to LEAs a written safe schools model in English and in Spanish. Makes grant funds available: (1) to fund anticrime and safety measures and to develop education and training programs for the prevention of crime, violence, and illegal drugs and alcohol; (2) for counseling programs for victims of crime within schools; (3) for crime prevention equipment, including metal detectors and video-surveillance devices; and (4) for the prevention and reduction of the participation of young individuals in organized crime and drug- and gang-related activities in schools. Sets forth provisions regarding: (1) application requirements; (2) allocation of, and limitations on, grant funds; (3) selection of recipients; and (4) reporting requirements. Authorizes appropriations.

To amend the Omnibus Crime Control and Safe Streets Act of 1968 to allow grants to local educational agencies for the purpose of providing assistance to such agencies most directly affected by crime and violence.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening Community Safety Act of 2011''. SEC. 2. FIRST RESPONDER AGENCY GRANTS. (a) In General.--Title XX of the Homeland Security Act of 2002 (6 U.S.C. 601 et seq.) is amended by adding at the end the following: ``Subtitle C--Other Assistance ``SEC. 2041. FIRST RESPONDER AGENCY GRANTS. ``(a) Definitions.--In this section-- ``(1) the term `active duty' has the meaning given that term in section 101 of title 10, United States Code; ``(2) the term `eligible first responder agency' means a first responder agency for which the cost of personnel of the agency has increased by not less than 5 percent as a direct result of 1 or more employees of the agency who are reservists being placed on active duty; ``(3) the term `first responder agency'-- ``(A) means-- ``(i) a law enforcement agency or fire service (as defined in section 4 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2203)) of a State or local government; or ``(ii) a publicly or privately operated ambulance service that is-- ``(I) authorized or licensed by a State to engage in rescue activity or to provide emergency medical services; and ``(II) designated by a State as a prehospital emergency medical response agency; and ``(B) shall not include a for-profit organization; and ``(4) the term `reservist' means a member of a reserve component of the Armed Forces, as defined in section 10101 of title 10, United States Code. ``(b) Grants Authorized.-- ``(1) In general.--Subject to paragraph (2), the Administrator may make a grant to an eligible first responder agency for the additional costs incurred by the eligible first responder agency as a direct result of 1 or more employees of the agency or service who are reservists being placed on active duty. ``(2) Limitation for federally funded positions.--The Administrator may not make a grant under this section for costs relating to an employee being placed on active duty if Federal funds are used, in whole or in part, for the pay or benefits of the employee. ``(3) Maximum amount.--The total amount of all grants made under this section to an eligible first responder agency in any fiscal year may not exceed $100,000. ``(4) Termination of grant authority.--The authority of the Administrator to make a grant under this section shall terminate 3 years after the date of enactment of this section. ``(c) Use of Funds.-- ``(1) In general.--A grant under this section may be used for-- ``(A) pay and benefits for an individual hired to replace an employee placed on active duty that are in addition to any pay and benefits that would have been provided to the deployed employee; ``(B) overtime expenses for an employee who performs tasks that would have been performed by an employee placed on active duty; and ``(C) the costs associated with filling a vacancy created by an employee placed on active duty, including costs for advertising, interviewing, performing background investigations, employment training, and hiring bonuses and incentives. ``(2) Time period for reimbursable expenses.--An eligible first responder agency that receives a grant under this section may use the grant funds to cover expenses incurred during the period that begins 90 days before the deployment of an employee of the agency and ends on the date on which the employee returns to fully paid employment status. ``(d) Application.-- ``(1) In general.--Each eligible first responder agency desiring a grant under this section shall submit an application to the Administrator at such time, in such manner, and accompanied by such information as the Administrator may reasonably require. ``(2) Contents.--Each application submitted under paragraph (1) shall-- ``(A) describe the activities for which assistance under this section is sought; and ``(B) provide documentation that demonstrates that the first responder agency meets the requirements in subsection (a)(2). ``(e) Authorization of Appropriations.--There are authorized to be appropriated to the Administrator $5,000,000 to carry out this section for fiscal years 2012 through 2014.''. (b) Reporting.-- (1) Definitions.--In this subsection, the terms ``active duty'', ``first responder agency'', and ``reservist'' have the meanings given those terms in section 2041 of the Homeland Security Act of 2002, as added by subsection (a). (2) Report.--Not later than 2 years after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall submit to Congress a report regarding the placing on active duty of employees of first responder agencies that are reservists, including an evaluation of-- (A) the effects, including financial effects, of placing the employees on active duty on-- (i) the operation of the first responder agencies; and (ii) the services the first responder agencies provide to the communities served by the first responder agencies; and (B) first responder agency grants under section 2041 of the Homeland Security Act of 2002, as added by subsection (a), including the effect of the grants on-- (i) the operation of the first responder agencies; and (ii) the services the first responder agencies provide to the communities served by the first responder agencies. (c) Offset.--Section 1532(k)(1)(D) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1182(k)(1)(D)) is amended by striking ``$25,000,000'' and inserting ``$20,000,000''. (d) Technical and Conforming Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by adding at the end the following: ``Subtitle C--Other Assistance ``Sec. 2041. First responder agency grants.''.

Strengthening Community Safety Act of 2011 - Amends the Homeland Security Act of 2002 to authorize the Administrator of the Federal Emergency Management Agency (FEMA) to make a grant to an eligible first responder agency for the additional costs incurred as a direct result of one or more of its employees who are reservists being placed on active duty. Defines "eligible first responder agency" as one for which the cost of personnel has increased by not less than 5% as a direct result of such employees being placed on active duty and which is not a for-profit organization. Prohibits the Administrator from making a grant for costs relating to an employee being placed on active duty if federal funds are used for that employee's pay or benefits. Limits the total amount of grants made to an eligible first responder agency in any fiscal year to $100,000. Terminates the Administrator's authority to make grants three years after this Act's enactment. Authorizes the use of grant funds for: (1) pay or benefits for an individual hired to replace such an employee that are in addition to any pay and benefits that would have been provided to the deployed employee, (2) overtime expenses for an individual who performs tasks that would have been performed by such an employee, and (3) the costs associated with filling a vacancy created by an employee being placed on active duty. Allows a recipient to use grant funds to cover expenses incurred beginning 90 days before deployment until the date the employee returns to fully paid employment status. Amends the Implementing Recommendations of the 9/11 Commission Act of 2007 to reduce funding for FY2011 for grants to private operators providing transportation by an over-the-road bus for security improvements.

To establish a pilot grant program for first responder agencies that experience an extraordinary financial burden resulting from the deployment of employees.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Localism in Broadcasting Reform Act of 2005''. SEC. 2. 3-YEAR TERM FOR BROADCAST LICENSES. (a) In General.--Section 307(c)(1) of the Communications Act of 1934 (47 U.S.C. 307(c)(1)) is amended by striking ``8'' each place it appears and inserting ``3''. (b) Existing Licenses.--The amendment made by subsection (a) shall apply to licenses granted or renewed after the date of enactment of this Act. SEC. 3. FULL COMMISSION REVIEW REQUIRED FOR 5 PERCENT OF APPLICATIONS. Section 309(a) of the Communications Act of 1934 (47 U.S.C. 309(a)) is amended by adding at the end the following: ``The determination required by this subsection shall be made by the full Commission en banc in no fewer than 5 percent of the applications filed with it in each calendar year to which section 308 applies.''. SEC. 4. ISSUES AND PROGRAMS REPORTS; CHILDREN'S TELEVISION REPORTS. (a) In General.-- (1) Electronic filing.--The Commission shall amend its regulations to require every broadcaster to file, electronically, a copy of its public interest issues and programs list and its children's programming reports with the Commission, in such form as the Commission may require, within 10 days after the end of each calendar quarter. (2) Waiver.--The Commission may waive or defer compliance with the regulations promulgated in paragraph (1) by a broadcaster in any specific instance for good cause shown where such action would be consistent with the public interest. (b) Licensee Website Requirement.--The Commission shall amend its regulations to require every broadcast station for which there is a publicly accessible website on the Internet-- (1) to make its public interest issues and programs list and its children's programming reports available to the public on that website; or (2) to provide a hyperlink on that website to that information on the Commission's website. (c) Commission Website Requirement.--The Commission shall provide access to the public to the public interest issues and programs lists and children's programming reports filed electronically by broadcasting stations with the Commission. (d) Timeframe.--The Commission shall amend its regulations to carry out the requirements of this section not later than 180 days after the date of enactment of this Act. SEC. 5. STANDARDS FOR BROADCAST STATION RENEWAL TO INCLUDE REVIEW OF LICENSEE'S OTHER STATIONS. Section 309(k)(1) of the Communications Act of 1934 (47 U.S.C. 309(k)(1)) is amended-- (1) by striking ``with respect to that station,'' and inserting ``with respect to that station (and all stations operated by the licensee),''; (2) by striking ``its'' and inserting ``that station's''; and (3) in subparagraph (A), by striking ``the station has'' and inserting ``the station has, and such other stations have,''. SEC. 6. PARTY IN INTEREST REQUIREMENT FOR PETITIONS TO OPPOSE THE GRANT OR RENEWAL OF A LICENSE. Section 309(d) of the Communications Act of 1934 (47 U.S.C. 309(d)(1)) is amended by adding at the end the following: ``(3) For purposes of paragraph (1), the term `party in interest' includes any individual who-- ``(A) is a listener or viewer of the specific station to which the application relates (determined without regard to such individual's place of residence); ``(B) asserts an interest in vindicating the general public interest; and ``(C) makes the specific allegations and showings required by this subsection.''. SEC. 7. COMPLETION OF CERTAIN PENDING PROCEEDINGS. (a) In General.--Not later than 9 months after the date of enactment of this Act, the Commission shall complete action on-- (1) In the Matter of Standardized and Enhanced Disclosure Requirements for Television Broadcast Licensee Public Interest Obligations, MM Docket No. 00-168; and (2) In the Matter of Public Interest Obligations of Television Broadcast Licensees, MM Docket No. 99-360. (b) Standardized Forms for Electronically Filed Reports.--As part of the proceedings described in subsection (a), the Commission shall-- (1) give consideration to requiring standardized forms for broadcasters to use in preparing public interest issues and programs lists for electronic filing; and (2) if it determines that such standardized forms would be in the public interest, develop and promulgate such forms and require their use by permittees and licensees. SEC. 8. DEFINITIONS. In this Act: (1) Broadcaster.--The term ``broadcaster'' means a permittee or licensee of a commercial or non-commercial television or radio broadcast station. (2) Children's programming reports.--The term ``children's programming reports'' means the information that a broadcaster is required to provide for public inspection by paragraph (e)(11)(iii) of section 73.3526 of title 47, Code of Federal Regulations. (3) Commission.--The term ``Commission'' means the Federal Communications Commission. (4) Public interest issues and programs list.--The term ``public interest issues and programs list'' means the information that-- (A) a commercial broadcast station is required to provide for public inspection by paragraphs (e)(11)(i) and (12) of section 73.3526 of title 47, Code of Federal Regulations; and (B) a non-commercial broadcast station is required to provide for public inspection by paragraph (e)(8) of section 73.3527 of title 47, Code of Federal Regulations.

Localism in Broadcasting Reform Act of 2005 - Amends the Communications Act of 1934 to reduce from eight to three years the term for radio or television broadcasting licenses issued by the Federal Communications Commission (FCC). Requires full FCC review of at least five percent of the applications filed each year. Requires every broadcaster to file electronically with the FCC a copy of its public interest issues and programs list and its children's programming reports within ten days after the end of each quarter. Allows a waiver of such requirement for good cause shown. Requires such list and reports to be made available on publicly accessible websites of such stations. Requires the standards for a station's license renewal to include review of the licensee's other stations (if any). Requires the FCC, within nine months after the enactment of this Act, to complete action on two specified proceedings concerning disclosure requirements and public interest obligations of television broadcast licensees.

To shorten the term of broadcasting licenses under the Communications Act of 1934 from 8 to 3 years, to provide better public access to broadcasters' public interest issues and programs lists and children's programming reports, and for other purposes.

SECTION 1. TAX CREDIT FOR MARGINAL AND NEW DOMESTIC OIL AND NATURAL GAS PRODUCTION. (a) Credit for Producing Oil and Gas From New Wells and Marginal Wells.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business credits) is amended by adding at the end the following new section: ``SEC. 45C. CREDIT FOR PRODUCING OIL AND GAS FROM NEW WELLS AND MARGINAL WELLS. ``(a) General Rule.--For purposes of section 38, the new and marginal well production credit for any taxable year is an amount equal to the product of-- ``(1) the credit amount, and ``(2) the qualified crude oil production and the qualified natural gas production which is attributable to the taxpayer. ``(b) Credit Amount.--For purposes of this section-- ``(1) In general.--The credit amount is-- ``(A) $3 per barrel of qualified crude oil production, and ``(B) 50 cents per 1,000 cubic feet of qualified natural gas production. ``(2) Reduction as oil and gas prices increase.-- ``(A) In general.--The $3 and 50 cents amounts under paragraph (1) shall each be reduced (but not below zero) by an amount which bears the same ratio to such amount (determined without regard to this paragraph) as-- ``(i) the amount by which the reference price for the calendar year preceding the calendar year in which the taxable year begins exceeds $14 ($2.49 for qualified natural gas production), bears to ``(ii) $6 ($1.06 for qualified natural gas production). ``(B) Inflation adjustment.--In the case of any taxable year beginning in a calendar year after 1995, each of the dollar amounts contained in subparagraph (A) shall be increased to an amount equal to such dollar amount multiplied by the inflation adjustment factor for such calendar year (determined under section 43(c)(3)(B) by substituting `1994' for `1990'). ``(C) Reference price.--For purposes of this paragraph, the term `reference price' means with respect to any calendar year-- ``(i) in the case of qualified crude oil production, the reference price determined under section 29(d)(2)(C), and ``(ii) in the case of qualified natural gas production, the Secretary's estimate of the annual average wellhead price per 1,000 cubic feet for all domestic natural gas. ``(c) Qualified Crude Oil and Natural Gas Production.--For purposes of this section-- ``(1) In general.--The terms `qualified crude oil production' and `qualified natural gas production' mean domestic crude oil or natural gas which is produced from-- ``(A) a marginal well, or ``(B) a new well. ``(2) Limitation on amount of production which may qualify.-- ``(A) In general.--Crude oil or natural gas produced during any taxable year from any well shall not be treated as qualified crude oil production or qualified natural gas production to the extent production from the well during the taxable year exceeds-- ``(i) in the case of a marginal well, 1,095 barrels or barrel equivalents, or ``(ii) in the case of a new well, 5,475 barrels or barrel equivalents. ``(B) Special rule where well produces both.--In the case of a new well which produces crude oil and natural gas, the limitation for any taxable year applicable to natural gas produced from the well shall be reduced by the barrel equivalents (expressed in cubic feet) of the crude oil produced from the well during the taxable year. ``(C) Proportionate reductions.-- ``(i) Short taxable years.--In the case of a short taxable year, the limitations under this paragraph shall be proportionately reduced to reflect the ratio which the number of days in the year bears to 365. ``(ii) Wells not in production entire year.--In the case of a well which is not capable of production during each day of a taxable year, the limitations under this paragraph applicable to the well shall be proportionately reduced to reflect the ratio which the number of days of production bears to the total number of days in the taxable year. ``(3) Definitions.-- ``(A) Marginal well.--The term `marginal well' means a domestic well (other than a new well)-- ``(i) the production from which during the taxable year is treated as marginal production under section 613A(c)(6), or ``(ii) which, during the taxable year-- ``(I) has average daily production of not more than 25 barrel equivalents, and ``(II) produces water at a rate not less than 95 percent of total well effluent. ``(B) New well.--The term `new well' means a domestic well drilled after December 31, 1994. ``(C) Crude oil, etc.--The terms `crude oil', `natural gas', `domestic', and `barrel' have the meanings given such terms by section 613A(e). ``(D) Barrel equivalent.--The term `barrel equivalent' means, with respect to natural gas, a conversion ratio of 6,000 cubic feet of natural gas to 1 barrel of crude oil. ``(d) Other Rules.-- ``(1) Production attributable to the taxpayer.--In the case of a marginal well or new well in which there is more than one owner of operating interests in the well and the crude oil or natural gas production exceeds the limitation under subsection (c)(2), qualifying crude oil production or qualifying natural gas production attributable to the taxpayer shall be determined on the basis of the ratio which taxpayer's revenue interest in the production bears to the aggregate of the revenue interests of all operating interest owners in the production. ``(2) Operating interest required.--Any credit under this section may be claimed only on production which is attributable to the holder of an operating interest as defined in section 614(d). ``(3) Production from nonconventional sources excluded.--In the case of production from a marginal well which is eligible for the credit allowed under section 29 for the taxable year, no credit shall be allowable under this section unless the taxpayer elects not to claim the credit under section 29 with respect to the well.'' (b) Credit Treated as Business Credit.--Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (10), by striking the period at the end of paragraph (11) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(12) the new and marginal oil and gas well production credit determined under section 45C(a).'' (c) Credit Allowed Against Regular and Minimum Tax.-- (1) In general.--Subsection (c) of section 38 of such Code (relating to limitation based on amount of tax) is amended by redesignating paragraph (3) as paragraph (4) and by inserting after paragraph (2) the following new paragraph: ``(3) Special rules for oil and gas production credit.-- ``(A) In general.--In the case of the oil and gas production credit-- ``(i) this section and section 39 shall be applied separately with respect to the credit, and ``(ii) in applying paragraph (1) to the credit-- ``(I) subparagraph (A) shall not apply, and ``(II) the limitation under paragraph (1) (as modified by subclause (I)) shall be reduced by the credit allowed under subsection (a) for the taxable year (other than the oil and gas production credit). ``(B) Oil and gas production credit.--For purposes of this subsection, the term `oil and gas production credit' means the credit allowable under subsection (a) by reason of section 45C(a).'' (2) Conforming amendment.--Subclause (II) of section 38(c)(2)(A)(ii) of such Code is amended by inserting ``or the oil and gas production credit'' after ``employment credit''. (d) Coordination With Section 29.--Section 29(a) of such Code is amended by striking ``There'' and inserting ``At the election of the taxpayer, there''. (e) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following item: ``45C. Credit for producing oil and gas from new wells and marginal wells.'' (f) Effective Date.--The amendments made by this section shall apply to production after the date of the enactment of this Act.

Amends the Internal Revenue Code to allow a business tax credit for producing crude oil and natural gas from new wells and marginal wells. Provides: (1) a formula for reducing such credit in years in which oil and gas prices increase; and (2) an inflation adjustment for such formula. Allows such credit against the regular and minimum tax.

A bill to amend the Internal Revenue Code of 1986 to provide a tax credit for the production of oil and gas from existing marginal oil and gas wells and from new oil and gas wells.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Renewable Hydrogen Passenger Vehicle Act of 2005''. SEC. 2. RENEWABLE HYDROGEN TRANSPORTATION DEMONSTRATION PROGRAM. (a) Findings.--Congress finds that-- (1) reductions in local air pollution, greenhouse gas emissions, and oil imports resulting from the introduction of vehicles with gasoline-powered internal combustion hybrid electric engines will be only temporary, as improved fuel economy of the hybrid vehicles is offset by increases in vehicle miles traveled; (2) direct substitution of farm-based renewable fuels for gasoline in gasoline-powered internal combustion hybrid electric engines will result in further reductions in local air pollution, greenhouse gas emissions, and oil imports; (3) for permanent reductions in criteria pollutants, greenhouse gas emissions, and oil imports, Congress should establish as a national goal the development of renewable hydrogen as a clean effective energy carrier; (4) the development of vehicles powered by hydrogen derived from domestic renewable resources such as ethanol, energy crops, agricultural waste, landfill gas, municipal solid waste, wind power, and solar electricity, will-- (A) substantially and permanently reduce local air pollution and greenhouse gas emissions; (B) improve the energy security of the United States; and (C) create domestic jobs; (5) notwithstanding paragraph (4), as of the date of enactment of this Act, the fuel cell technology required to make the most efficient use of renewable hydrogen is too costly and has not achieved the reliability necessary for consumer acceptance in the near term; (6) in the near term (before affordable and reliable fuel cell vehicles are developed), hydrogen-powered internal combustion engine hybrid electric vehicles have been developed that can achieve more than 90 percent of the environmental benefits and 100 percent of the oil import reduction benefits of fuel cell vehicles; (7) in addition to robust research and development for fuel cell vehicles, a program to develop and demonstrate renewable hydrogen production and distribution technology is justified; (8) reforming ethanol at a vehicle fueling station may be the least costly method of producing renewable hydrogen; (9) a low cost renewable hydrogen vehicle demonstration program that will yield valuable information regarding an interim transition strategy of using hydrogen-powered internal combustion engine hybrid electric vehicles to pave the way for fuel cell vehicles once fuel cell vehicles become affordable and reliable can be implemented in 1 year; and (10) the introduction of commercial hydrogen internal combustion engine hybrid electric vehicles can provide the economic incentives to help stimulate development of hydrogen fueling systems at existing gasoline fueling stations to convert ethanol to hydrogen onsite, thereby significantly accelerating the adoption of super-clean renewable hydrogen as an alternative to gasoline made from imported crude oil. (b) Program.--Section 9007 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8107) is amended by adding at the end the following: ``(c) Demonstration Program.-- ``(1) In general.--The Secretary of Energy, in coordination with the Secretary, shall conduct a 3-year program to develop and demonstrate the cost-effective operation of a fleet of at least 10 direct hydrogen passenger vehicles based on existing commercial technology under which the hydrogen is derived from ethanol or other domestic low-cost transportable renewable feedstocks. ``(2) Goals.--The goals of the program shall include-- ``(A) demonstrating the cost-effective conversion of ethanol or other low-cost transportable renewable feedstocks to pure hydrogen suitable for eventual use in proton exchange membrane fuel cell vehicles at 1 or more local fueling stations, including hydrogen compression and storage necessary to fill vehicle tanks to their operational pressure, using existing commercial reforming technology or modest modifications of existing technology to reform ethanol or other low- cost transportable renewable feedstocks into hydrogen; ``(B) converting 10 or more commercially available internal combustion engine hybrid electric passenger vehicles to operate on hydrogen; ``(C) installing and operating an ethanol reformer or reformer of another low-cost transportable renewable feedstock (including onsite hydrogen compression, storage, and dispensing) at the facilities of a fleet operator not later than 1 year after commencement of the program; ``(D) operating the 10 or more hydrogen internal combustion engine hybrid electric vehicles for a period of 2 years; and ``(E) collecting emissions and fuel economy data on the 10 hydrogen-powered vehicles over various operating conditions and weather conditions. ``(3) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $5,000,000.''.

Renewable Hydrogen Passenger Vehicle Act of 2005 - Amends the Farm Security and Rural Investment Act of 2002 to direct the Secretary of Energy, in coordination with the Secretary of Agriculture, to conduct a three-year program to develop and demonstrate the cost-effective operation of a fleet of at least ten direct hydrogen passenger vehicles based on existing commercial technology under which the hydrogen is derived from ethanol or other domestic low-cost transportable renewable feedstocks.

A bill to amend the Farm Security and Rural Investment Act of 2002 to provide for a program to develop and demonstrate the cost-effective operation of a fleet of renewable hydrogen passenger vehicles.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterinarian Services Investment Act''. SEC. 2. VETERINARY SERVICES GRANT PROGRAM. The National Agricultural Research, Extension, and Teaching Policy Act of 1977 is amended by inserting after section 1415A (7 U.S.C. 3151a) the following new section: ``SEC. 1415B. VETERINARY SERVICES GRANT PROGRAM. ``(a) Establishment of Program.-- ``(1) Competitive grants.--The Secretary shall carry out a program to make competitive grants to qualified entities that engage in activities described in paragraph (2) for the purpose of developing, implementing, and sustaining veterinary services. ``(2) Eligibility requirements.--To be eligible for a grant under this subsection, a qualified entity must carry out programs or activities that the Secretary determines will-- ``(A) substantially relieve veterinarian shortage situations; ``(B) support or facilitate private veterinary practices engaged in public health activities; or ``(C) support or facilitate practices of veterinarians who are participating in or have successfully completed a service requirement under section 1415A(a)(2). ``(b) Award Processes and Preferences.-- ``(1) Application, evaluation, and input processes.--In administrating the grant program under this section, the Secretary shall use an appropriate application and evaluation process and seek the input of interested persons. ``(2) Grant preferences.--In the case of grants to be used for any of the purposes described in paragraphs (2) through (6) of subsection (c), the Secretary shall give a preference to the selection of qualified entities that document coordination between or with other qualified entities regarding the applicable purpose. ``(3) Additional preferences.--When awarding grants under this section, the Secretary may develop additional preferences by taking into account the amount of funds available for grants as well as the purposes for which the grant funds will be used. ``(4) Applicability of other provisions.--Sections 1413B, 1462(a), 1469(a)(3), 1469(c), and 1470 shall apply to the administration of the grant program under this section. ``(c) Use of Grants to Relieve Veterinarian Shortage Situations and Support Veterinary Services.--Funds provided by grants under this section may be used for the following purposes to relieve veterinarian shortage situations and support veterinary services: ``(1) Grants to assist veterinarians with establishing or expanding practices for the purpose of equipping veterinary offices, sharing in the reasonable overhead costs of such practices (as determined by the Secretary), or establishing mobile veterinary facilities where at least a portion of such facilities will address education or extension needs. ``(2) Grants to promote recruitment (including programs in secondary schools), placement, and retention of veterinarians, veterinary technicians, students of veterinary medicine, and students of veterinary technology. ``(3) Grants for veterinary students, veterinary interns, externs, fellows, and residents, and veterinary technician students to cover expenses (other than the types of expenses listed in 1415A(c)(5)) to attend training programs in food safety or food animal medicine. ``(4) Grants establishing or expanding accredited veterinary education programs (including faculty recruitment and retention), veterinary residency and fellowship programs, or veterinary internship and externship programs in coordination with accredited colleges of veterinary medicine. ``(5) Grants for the assessment of veterinarian shortage situations and preparation of applications for designation as a shortage situation. ``(6) Grants in continuing education and extension, including tele-veterinary medicine and other distance-based education, for veterinarians, veterinary technicians, and other health professionals needed to strengthen veterinary programs and enhance food safety. ``(d) Special Requirements for Certain Grants.-- ``(1) Terms of service requirements.--Grants provided under this section for the purpose specified in subsection (c)(1) shall be subject to an agreement between the Secretary and the grant recipient that includes a required term of service for the recipient, as established by the Secretary. In establishing such terms, the Secretary shall consider only-- ``(A) the amount of the grant awarded; and ``(B) the specific purpose of the grant. ``(2) Breach remedies.--An agreement under paragraph (1) shall provide remedies for any breach of the agreement by the grant recipient, including repayment or partial repayment of the grant funds, with interest. The Secretary may waive the repayment obligation in the event of extreme hardship or extreme need, as determined by the Secretary. ``(3) Treatment of amounts recovered.--Funds recovered under paragraph (2) shall be credited to the account available to carry out this section and shall remain available until expended. ``(e) Cost-Sharing Requirements.-- ``(1) Recipient share.--A grant recipient shall provide matching non-Federal funds, either in cash or in-kind support, in an amount equal to not less than 50 percent of the Federal funds provided in a grant under this section. ``(2) Waiver.--The Secretary may establish, by regulation, conditions under which the cost-sharing requirements of paragraph (1) may be reduced or waived. ``(f) Prohibition on Use of Grant Funds for Construction.--Funds made available for grants under this section shall not be used for the construction of a new building or facility or the acquisition, expansion, remodeling, or alteration of an existing building of facility, including site grading and improvement and architect fees. ``(g) Definitions.--In this section: ``(1) Veterinarian shortage situation.--The term `veterinarian shortage situation' means a veterinarian shortage situation determined by the Secretary under section 1415A(b). ``(2) Qualified entity.--The term `qualified entity' means the following: ``(A) A for-profit or nonprofit entity located in the United States that operates a veterinary clinic providing veterinary services-- ``(i) in a rural area, as defined in section 1393(a)(2) of the Internal Revenue Code of 1986; and ``(ii) in response to a veterinarian shortage situation. ``(B) A State, national, allied, or regional veterinary organization or specialty board recognized by the American Veterinary Medical Association. ``(C) A college or school of veterinary medicine accredited by the American Veterinary Medical Association. ``(D) A university research foundation or veterinary medical foundation. ``(E) A department of veterinary science or department of comparative medicine accredited by the Department of Education. ``(F) A State agricultural experiment station. ``(G) A State, local, or tribal government agency. ``(h) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section for fiscal year 2012 and each fiscal year thereafter. Amounts appropriated pursuant to this authorization of appropriations shall remain available to the Secretary for the purposes of this section until expended.''. Passed the House of Representatives September 15, 2010. Attest: LORRAINE C. MILLER, Clerk.

Veterinarian Services Investment Act - Amends the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to direct the Secretary of Agriculture (USDA) to carry out a matching grant program with qualified entities to develop, implement, and sustain veterinary services. Requires a qualifying entity to carry out programs that: (1) relieve veterinarian shortage situations; (2) support private veterinary practices engaged in public health activities; or (3) support practices of veterinarians who are participating in or have successfully completed a specified service requirement. Sets forth grant preference provisions. Makes such grants available for: (1) assistance for establishing or expanding veterinary practices or establishing mobile veterinary facilities; (2) veterinarian, technician, and student recruitment; (3) grants to attend training programs in food safety or food animal medicine; (4) grants to establish or expand accredited education, internship, residency, and fellowship programs; (5) grants to assess veterinarian shortage situations; and (6) grants for continuing education and extension, including tele-veterinary medicine and other distance-based education. Prohibits the use of grant funds for construction. Subjects grants for establishing or expanding veterinary practices to: (1) an agreement between the Secretary and the recipient that includes a required term of service; and (2) remedies for breach of agreement, including repayment or partial repayment of grant funds. Defines "qualified entity" as a: (1) for-profit or nonprofit entity in the United States that operates a rural veterinary clinic in response to a veterinarian shortage situation; (2) state, national, allied, or regional veterinary organization or specialty board recognized by the American Veterinary Medical Association; (3) college or school of veterinary medicine accredited by the American Veterinary Medical Association; (4) university research foundation or veterinary medical foundation; (5) department of veterinary science or department of comparative medicine accredited by the Department of Education; (6) state agricultural experiment station; or (7) state, local, or tribal government agency. Authorizes appropriations beginning with FY2012.

To amend the National Agricultural Research, Extension and Teaching Policy Act of 1977 to establish a grant program to promote efforts to develop, implement, and sustain veterinary services, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Taunton, Massachusetts Study Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the city of Taunton, Massachusetts, has-- (A) 9 distinct historic districts, including-- (i) the Church Green Historic District; (ii) the Courthouse Historic District; (iii) the Taunton Green Historic District; and (iv) the Reed and Barton Historic District; and (B) more than 600 properties on the National Register of Historic Places; (2) all 9 historic districts in the city include buildings and building facades that are of great historical, cultural, and architectural significance; (3) Taunton Green is the site at which the Sons of Liberty first raised the Liberty and Union Flag in 1774, an event that helped spark the movement culminating in the American Revolution; (4) beginning with the American Revolution and in subsequent wars, the citizens of Taunton have been among the first to volunteer for service; (5) Robert Treat Paine, a resident of Taunton, was-- (A) the first Attorney General of Massachusetts; and (B) a signer of the Declaration of Independence; (6) Taunton was-- (A) a leading community in the Industrial Revolution; and (B) the site of many innovations in-- (i) the manufacturing of silver and paper; and (ii) shipbuilding; (7) Frederick Law Olmsted-- (A) designed the landscaping of the Courthouse Green; and (B) prepared landscaping ideas and plans for other areas in the city that have great value and interest as historical archives and objects of future study; (8) Main Street, which connects many of the historic districts, is home to-- (A) the Taunton City Hall and the Leonard Block building, 2 outstanding examples of early 19th Century American architecture; and (B) many other historically and architecturally significant structures; (9) the city and the residents of Taunton have preserved many artifacts, gravesites, and important documents dating back to 1638, when Taunton was founded; and (10) Taunton was and continues to be an important destination for immigrants from Europe and other parts of the world who have contributed to the unique ethnic character of Southeastern Massachusetts. SEC. 3. DEFINITIONS. In this Act: (1) City.--The term ``city'' means the city of Taunton, Massachusetts. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) State.--The term ``State'' means the State of Massachusetts. SEC. 4. STUDY. (a) In General.--The Secretary, in consultation with State historic preservation officers, State historical societies, the city, and other appropriate organizations, shall conduct a study of certain historic buildings and areas in the city to determine the suitability and feasibility of designating the historic buildings and areas as a unit of the National Park System. (b) Requirements.--The study required under subsection (a) shall-- (1) be conducted and completed in accordance with section 8(c) of Public Law 91-383 (16 U.S.C. la-5(c)); and (2) include analysis, documentation, and determinations on whether the historic areas in Taunton-- (A) can be collectively managed, curated, interpreted, restored, preserved, and presented by-- (i) the National Park Service; or (ii) an alternative management structure; (B) have an assemblage of cultural, historic, and natural resources that together represent distinctive aspects of the heritage of the United States worthy of recognition, conservation, interpretation, and continuing use; (C) reflect traditions, customs, beliefs, and historical events that are a valuable part of the story of the United States; (D) provide outstanding-- (i) opportunities to conserve architectural, cultural, historical, natural, or scenic features; and (ii) recreational and educational opportunities; and (E) can be managed by the National Park Service, in partnership with residents of the city, business interests, nonprofit organizations, and State and local governments, as a unit of the National Park System in a manner that is consistent with State and local economic activity. SEC. 5. REPORT. Not later than 3 fiscal years 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. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.

Taunton, Massachusetts Study Act - Directs the Secretary of the Interior to conduct a study to determine the suitability and feasibility of designating certain historic buildings and areas in the city of Taunton, Massachusetts, as a unit of the National Park System.

A bill to direct the Secretary of the Interior to conduct a study on the suitability and feasibility of designating certain historic buildings and areas in Taunton, Massachusetts, as a unit of the National Park System, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nanoscience and Nanotechnology Advisory Board Act of 2002''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The emerging fields of nanoscience and nanoengineering (collectively, ``nanotechnology''), in which matter is manipulated at the atomic level in order to build materials, machines, and devices with novel properties or functions, are leading to unprecedented scientific and technological opportunities that will benefit society by changing the way many things are designed and made. (2) Long-term nanoscale research and development leading to potential breakthroughs in areas such as materials and manufacturing, electronics, medicine and health care, environment, energy, chemicals, biotechnology, agriculture, information technology, and national security could be as significant for the 21st century as the combined influences of microelectronics, biotechnology, and information technology were for the 20th century. (3) Long-term, high-risk research is necessary to create breakthroughs in technology. (4) Such research requires government funding since the benefits are too distant or uncertain for industry alone to support, and the Federal government can play an important role in the development of nanotechnology, as it will take many years of sustained investment for this field to achieve maturity. (5) Advancements in nanotechnology stemming from Federal investments in fundamental research and subsequent private sector development likely will create technologies that support the work and improve the efficiency of the Federal government, and contribute significantly to the efforts of the government's mission agencies. (6) According to various estimates, including those of the National Science Foundation, the market for nanotechnology products and services in the United States alone could reach over $1 trillion later this century. (7) Mastering nanotechnology will require a unique skill set for scientists and engineers that combine chemistry, physics, materials science, and information science. (8) Funding in these critical areas has been flat for many years and as a result fewer young people are electing to go into these areas in graduate schools throughout the Nation, a trend which will have to reverse if we hope to develop the next generation of skilled workers with multidisciplinary perspectives necessary for the development of nanotechnology. (9) Research on nanotechnology creates unprecedented capabilities to alter ourselves and our environment and will give rise to a host of novel social, ethical, philosophical, and legal issues, and addressing these issues will require wide reflection and guidance that is responsive to the realities of the science, as well as additional research to predict, understand, and alleviate anticipated problems. (10) Achieving and maintaining international leadership in nanotechnology is an important national security issue for the Nation, and in addition to the plethora of devices that can be developed for use by the Defense Department, there are many other ways in which nanotechnology has national security implications. (11) The Executive Branch has previously established a National Nanotechnology Initiative (NNI) to coordinate Federal nanotechnology research and development programs and this initiative has contributed significantly to the development of nanotechnology. (12) Authorizing legislation can serve to establish new technology goals and research directions, improve agency coordination and oversight mechanisms, help ensure optimal returns on investments, and simplify reporting, budgeting, and planning processes for the Executive Branch and Congress. SEC. 3. ESTABLISHMENT. There is established the Nanoscience and Nanotechnology Advisory Board (in this Act referred to as the ``Advisory Board''). The Advisory Board shall operate in coordination with the White House Office of Science and Technology Policy, and shall provide advice to the President and the National Science and Technology Council on research investment policy, strategy, program goals, and management processes relating to nanoscience and nanotechnology. SEC. 4. MEMBERSHIP. (a) In General.--The President, in consultation with the Director of the White House Office of Science and Technology Policy, shall establish procedures for the selection if individuals not employed by the Federal government who are qualified in the science of nanotechnology and other appropriate fields and shall, pursuant to such procedures, appoint up to 20 individuals to serve on the Advisory Board. (b) Membership Qualifications.--Members of the Advisory Board shall be appointed from among leaders from industry and academia having scientific, technical, social science, or research management credentials. Members shall hold a reasonable cross-section of views and expertise regarding societal, ethical, educational, legal, and workforce issues related to nanotechnology. In selecting individuals to serve on the Advisory Board the President shall give due consideration to the recommendations of Congress, industry leaders, the scientific community (including the National Academy of Sciences), academia, the defense community, the education community, State and local governments, and other appropriate organizations. (c) Chairperson.--The President shall designate a Chairperson who shall serve for a term of 3 years. (d) Terms.--Each member of the Advisory Board shall be appointed for a term of 1 to 3 years, as determined by the President upon appointment, and may be reappointed when their terms expire. (e) Vacancies.--A vacancy on the Advisory Board shall be filled in the same manner in which the original appointment was made. (f) Compensation.--Members shall serve without pay but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (g) Meetings.--The Advisory Board shall meet not less than 2 times per year, at the call of the Chairperson in consultation with the National Nanotechnology Coordination Office established under section 5 of this Act. SEC. 5. NATIONAL NANOTECHNOLOGY COORDINATION OFFICE. (a) Staff To Assist Advisory Board.--The President shall establish a National Nanotechnology Coordination Office to provide necessary technical and administrative support to the Advisory Board and to coordinate Federal nanotechnology activities between Federal agencies, private sector industry, and academia. (b) Applicability of Certain Civil Service Laws.--The staff of the National Nanotechnology Coordination Office established under subsection (a) shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. SEC. 6. DUTIES. The Advisory Board shall-- (1) advise the President and the National Science and Technology Council, and inform the Congress, on matters relating to the National Nanotechnology Program, including-- (A) the articulation of short-term (1 to 5 years), medium-range (6 to 10 years), and long-range (beyond 10 years) goals and objectives within the program; (B) the need for emphasis on the long-range goals that move results out of the laboratory and into the service of society; (C) the capabilities and research needs of the nanotechnology program; (D) methods or approaches for achieving major program objectives; (E) establishing and measuring performance goals using appropriate metrics; (F) approaches to increase multi-agency investments in research at the intersection between nanoscale technology and biology; (G) creation of programs for the invention and development of new instruments for nanoscience and the establishment of centers of excellence where these instruments can be used by a number of scientists, faculty, and students; (H) approaches to stimulate and nurture industrial partnerships, both domestically and internationally, to help accelerate the commercialization of nanotechnology developments; (I) approaches to addressing workforce issues through training grants, internships, fellowships, professional development, and retraining; and (J) the need to coordinate the nanoscale research and development activities and strategies of the civilian Federal agencies and the Department of Defense to maintain a balanced, integrated, and fully- coordinated Federal nanotechnology research effort; (2) consult with academic industrial entities, State and local governments and agencies, and other appropriate entities conducting research on and using nanotechnology; and (3) ensure that the Federal nanotechnology program considers fully the societal implications of nanoscale science and technology. SEC. 7. REPORTS. The Advisory Board shall transmit an annual report to the President, the heads of each agency involved in the nanotechnology program, the Committee on Science of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate. The annual report shall include-- (1) a review of the program's technical success in achieving the stated goals and grand challenges according to the metrics established by the program and Advisory Panel; (2) a review of the program's management and coordination among civilian Federal agencies; between these agencies and the Department of Defense; and between state, local, international, and private sector efforts in nanotechnology research and development; as well as how this coordination supports the goals and the mission needs of the entities involved; (3) a review of the funding levels by each agency for the program's activities and their ability to achieve the program's stated goals and grand challenges; (4) a review of the balance in the program's portfolio and components across agencies and disciplines; (5) an assessment of the degree of participation in the program by minority serving institutions and institutions located in States participating in National Science Foundation's Experimental Program to Stimulate Competitive Research (EPSCoR); (6) a review of policy issues resulting from advancements in nanotechnology and its effects on the scientific enterprise, commerce, workforce, competitiveness, national security, medicine, and government operations; (7) recommendations for new program goals and grand challenges; (8) recommendations for new research areas, partnerships, coordination and management mechanisms, or programs to be established to achieve the program's stated goals and grand challenges; (9) recommendations for new investments by each participating agency in each program funding area for the 5- year period following the delivery of the report; (10) reviews and recommendations regarding other issues deemed pertinent or specified by the panel; and (11) a technology transition study which includes an evaluation of the Federal nanotechnology research and development program's success in transitioning its research, technologies, and concepts into commercial and military products, including-- (A) examples of successful transition of research, technologies, and concepts from the Federal nanotechnology research and development program into commercial and military products; (B) best practices of universities, government, and industry in promoting efficient and rapid technology transition in the nanotechnology sector; (C) barriers to efficient technology transition in the nanotechnology sector, including, but not limited to, standards, pace of technological change, qualification and testing of research products, intellectual property issues, and Federal funding; and (D) recommendations for government sponsored activities to promote rapid technology transition in the nanotechnology sector. SEC. 8. TERMINATION. Section 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. App.; relating to the termination of advisory committees) shall not apply to this Act. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act.

Nanoscience and Nanotechnology Advisory Board Act of 2002 - Establishes the Nanoscience and Nanotechnology Advisory Board which shall: (1) operate in coordination with the White House Office of Science and Technology Policy; and (2) provide advice to the President and the National Science and Technology Council on research investment policy, strategy, program goals, and management processes relating to nanoscience and nanotechnology.Directs the President to establish a National Nanotechnology Coordination Office to provide necessary technical and administrative support to the Advisory Board and to coordinate Federal nanotechnology activities between Federal agencies, private sector industry, and academia.Requires the Advisory Board to: (1) advise the President and the Council, and inform the Congress, on matters relating to the National Nanotechnology Program; (2) consult with academic industrial entities, State and local governments and agencies, and other appropriate entities conducting research on and using nanotechnology; (3) ensure that such Program considers fully the societal implications of nanoscale science and technology; and (4) transmit an annual report, which shall include a technology transition study, to the President, the head of each agency involved in the Program, and specified congressional committees.

To establish the Nanoscience and Nanotechnology Advisory Board.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Soledad Canyon Mine Leases Adjustment Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) Transit Mixed Concrete Corporation holds two valid Federal leases for the extraction of sand and gravel from the Federal mineral estate in lands located in Soledad Canyon adjacent to the City of Santa Clarita, California, numbered CA- 20139 and CA-22901. Such lands contain approximately 56 million tons of sand and gravel. (2) Mining 56 million tons of sand and gravel under the terms of the leases would produce harm to the environment and cause major transportation problems for the City of Santa Clarita, surrounding areas, and other users of the transportation systems in the vicinity. (3) It is in the best interest of the citizens of California and the Federal Government to cancel those leases and make available new leases for those resources that reflect the level of mining that has historically occurred in the Soledad Canyon area of California. (4) TMC should be offered resources extraction opportunities of similar economic value in other areas of California that would not impact the environment and transportation systems to the degree that they would have been impacted in the Soledad Canyon. (5) TMC should receive credit for reasonable and customary costs associated with their efforts to develop leases CA-20139 and CA-22901. (6) A site-specific solution that is fair to TMC, protects the environment, and has minimal impact on local transportation system is in the best interest of the Nation. (7) Considerable sums of money have been expended by all parties trying to insure their interests are protected with respect to leases CA-20139 and CA-22901, with no conclusion foreseen at this time. (b) Purposes.--The purposes of this Act are the following: (1) To provide to the Bureau of Land Management a mechanism that is not available under existing law to cancel leases CA- 20139 and CA-22901 and provide new leasing opportunities in the Soledad Canyon that reflect the historical production levels. (2) To provide a means for TMC to recover and transfer to other Federal resources the amounts expended trying to develop leases CA-20139 and CA-22901. (3) To provide the Bureau of Land Management tools to evaluate expenses incurred by TMC and provide relief. SEC. 3. DEFINITIONS. In this Act: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (2) TMC.--The term ``TMC'' means the Transit Mixed Concrete Corporation. (3) The term ``historical production levels'' means production of 300,000 tons of aggregate produced for sale per calendar year. SEC. 4. TMC LEASE CANCELLATIONS AND EXCHANGE OF VALUES EXPENDED. (a) Leases Cancellations.--The Secretary shall cancel Bureau of Land Management leases CA-20139 and CA-22901 effective on the date of the enactment of this Act. (b) Exchange for Economic Values.-- (1) In general.--In exchange for the economic value invested in trying to bring leases CA-20139 and CA-22901 into commercial production the Secretary shall provide to TMC other financial and mineral production opportunities in accordance with subsection (d). (2) Values assigned to leases.--For purposes of paragraph (1), the economic value invested is an amount equal to the sum of the following: (A) All amounts paid to the United States with respect to the leases as bonus bids or other prepayments. (B) Interest on amounts referred to in subparagraph (A), from the date of payment of such amounts to the United States, at a rate determined by the Secretary. (C) Amounts expended by TMC in securing the leases and trying to bring them into production, including-- (i) reasonable costs associated with the engineering and environmental studies associated with the leases; and (ii) reasonable legal costs associated with efforts to exercise the rights granted in the leases. (c) Submission of Expenses Incurred.-- (1) In general.--To assist in the determination of the amounts expended referred to in subsection (b)(2)(C), TMC shall submit to the Secretary within 90 days after the date of the enactment of this Act an itemized list of such amounts, with enough detail and supporting documentation so the Secretary can determine that the expenses are associated with the leases and are reasonable. (2) Arbitration.--The Secretary's determination of the amounts expended referred to in subsection (b)(2)(C) shall be issued within 90 days of receipt of the itemized list required under paragraph (1). If the Secretary disapproves such list, the Secretary shall, upon request of TMC, determine the economic value invested for purposes of subsection (b)(2) through arbitration in accordance with subchapter IV of chapter 5 of title 5, United States Code. (d) Return of Value Opportunities for TMC.--Financial and mineral production opportunities provided under subsection (b)(1) may be in the form of one or a combination of any of the following that is mutually agreed to by the Secretary and TMC: (1) Interests in the mineral estate in Federal lands in the State of California that are available for leasing under the Mineral Leasing Act (30 U.S.C. 181 et seq.). (2) Interests in the surface estate in Federal lands in the State of California that are under the administrative jurisdiction of the Secretary and that are available for disposal. (e) Referral to Court of Claims.-- (1) Referral.--If the Secretary and TMC do not reach agreement under subsection (b) regarding the financial and mineral production opportunities to be provided by the Secretary under subsection (b)(1) within 24 months after date of the enactment of this Act, the Secretary shall refer the issue to the United States Court of Federal Claims for resolution. (2) Resolution by court.--In any referral under this subsection, the court shall-- (A) determine the economic value invested for purposes of subsection (b)(2); and (B) determine and order the Secretary to provide financial and mineral production opportunities for purposes of subsection (b)(1) and subsection (d). SEC. 5. LIMITATIONS ON FUTURE LEASING FOR SAND AND GRAVEL IN SOLEDAD CANYON AREA OF CALIFORNIA. (a) Limitation on Rate of Mining.--The Secretary may not issue any lease for mining sand and gravel in the Soledad Canyon area of California as described on the map titled ___ and dated ___ on file with the Secretary of Interior that in aggregate exceeds the historical production level. (b) Consultation and Considerations.--Before issuing any lease authorizing the mining of sand or gravel in the Soledad Canyon area of California, the Secretary shall-- (1) consult with the City of Santa Clarita, California, Los Angeles County, California, and surface owners in that area; and (2) take into consideration the environmental and transportation concerns of such mining in that area.

Soledad Canyon Mine Leases Adjustment Act - Instructs the Secretary of the Interior to cancel Bureau of Land Management leases CA-20139 and CA-22901 on lands subject to a federal mineral estate, which are located in Soledad Canyon adjacent to Santa Clarita, California. Directs the Secretary to provide to the Transit Mixed Concrete Corporation (TMC) other financial and mineral production opportunities in exchange for the economic value invested in trying to bring leases CA-20139 and CA-22901 into commercial production. Requires TMC to submit to the Secretary an itemized list with supporting documentation so the Secretary can determine that expenses associated with the leases are reasonable. Prohibits the Secretary from issuing leases for mining sand and gravel in the Soledad Canyon area of California that in the aggregate authorize mining exceeding historical production levels. Requires the Secretary, before issuing any lease authorizing the mining of sand or gravel in such area, to: (1) consult with the city of Santa Clarita, California, Los Angeles County, California, and the surface owners in the area; and (2) take into consideration the environmental and transportation concerns of such mining on the area.

To provide to the Bureau of Land Management a mechanism to cancel certain mining leases for lands in the leases CA-20139 and CA-22901 and provide new leasing opportunities in the Soledad Canyon adjacent to the City of Santa Clarita, California, that reflect the historical mining levels, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cease Haitian Deportations Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) On January 12, 2010, an earthquake measuring 7.0 on the Richter magnitude scale struck the country of Haiti. (2) According to the United States Geological Survey (USGS)-- (A) the earthquake epicenter was located approximately 15 miles southwest of Port-au-Prince, the capital of Haiti; and (B) the earthquake was followed by 59 aftershocks of magnitude 4.5 or greater, the most severe measuring 6.0. (3) According to the Government of Haiti, more than 316,000 people died as a result of the earthquake, including 103 citizens of the United States and more than 100 United Nations personnel. (4) According to the United Nations and the International Organization for Migration-- (A) an estimated 3,000,000 people were directly affected by the disaster, nearly one-third of the country's population; and (B) more than 2,100,000 people were displaced from their homes to settlements. (5) Casualty numbers and infrastructure damage, including to roads, ports, hospitals, and residential dwellings, place the earthquake as the worst cataclysm to hit Haiti in over two centuries and, proportionally, one of the world's worst natural disasters in modern times. (6) The Post Disaster Needs Assessment (PDNA) conducted by the Government of Haiti, the United Nations, the World Bank, the Inter-American Development Bank, and other experts estimates that damage and economic losses totaled $7,804,000,000, approximately 120 percent of Haiti's gross domestic product in 2009. (7) Haiti is the poorest, least developed country in the Western Hemisphere with, prior to the earthquake-- (A) more than 70 percent of Haitians living on less than $2 per day; and (B) a ranking of 149 out of 182 countries on the United Nations Human Development Index. (8) House Resolution 1021, which was passed on January 21, 2010, on a vote of 411 to 1 expressed-- (A) the House of Representatives' ``deepest condolences and sympathy for the horrific loss of life'' caused by the earthquake; and (B) bipartisan support for Haiti's recovery and reconstruction. (9) The initial emergency response of the men and women of the United States Government, led by the United States Agency for International Development and United States Southern Command, was swift and resolute. (10) United States urban search and rescue (USAR) teams were immediately activated after the earthquake and deployed from Fairfax County, Virginia, Los Angeles County, California, Miami-Dade, Florida, the City of Miami, Florida, and Virginia Beach, Virginia, to assist the United States Agency for International Development (USAID) Disaster Assistance Response Team (DART), and New York City's first responders asked the Office of U.S. Foreign Disaster Assistance (OFDA) to activate a New York City urban search and rescue shortly thereafter. (11) A month after the earthquake, the House of Representatives unanimously passed House Resolution 1059 which expressed gratitude to these USAR units, and highlighted that the 511 United States rescue workers comprised roughly one- third of the entire international USAR effort in Haiti, and more than 130 people were rescued from under the rubble in Haiti by these units. (12) Individuals, businesses, and philanthropic organizations across the United States and throughout the international community responded in support of Haiti and its populace during this crisis, sometimes in innovative ways such as fundraising through text messaging. (13) The Haitian diaspora in the United States, which was integral to emergency relief efforts-- (A) has annually contributed significant monetary support to Haiti through remittances; and (B) continues to seek opportunities to partner with the United States Agency for International Development and other agencies to substantively contribute to the reconstruction of Haiti. (14) Significant challenges still remain in Haiti as it works to recover and rebuild. (15) According to the International Organization for Migration, approximately 680,000 people remain in spontaneous and organized camps in Haiti. (16) According to numerous nongovernmental organizations and United States contractors, the pace of reconstruction has lagged significantly behind the original emergency relief phase. (17) The widespread irregularities that occurred in the elections held in Haiti on November 28, 2010, led to outbursts of violence which undermined the recovery efforts. (18) On October 21, 2010, an outbreak of cholera was detected in the Lower Artibonite region. (19) Initial efforts to contain the epidemic were disrupted by Hurricane Tomas and resulting widespread flooding, which led to the spreading and entrenchment of the disease throughout the country. (20) According to the Haitian Ministry of Public Health and Population, as of March 28, 2011-- (A) approximately 4,766 people have died from cholera; and (B) approximately 270,991 have been infected from the disease. (21) According to the Pan American Health Organization and the Centers for Disease Control and Prevention, cholera could spread to as many as 400,000 people within the first year of the epidemic, potentially causing 7,600 deaths at the current case fatality rate. (22) The United States has provided more than $62,523,017 worth of assistance to combat the cholera epidemic, including by assisting with stockpiling health commodities, equipping cholera treatments centers, providing public information, and improving water and sanitation systems. (23) The efforts to combat the cholera epidemic have helped to drive the mortality rate from cholera down from nearly 7 percent to 1.7 percent of all contracted cases as of February 25, 2011. (24) Throughout the series of crises, the people of Haiti continue to demonstrate unwavering resilience, dignity, and courage. (25) On March 20, 2011, presidential and parliamentary elections were held in Haiti without major disruptions or problems. (26) At the international donors conference ``Towards a New Future for Haiti'' held on March 31, 2010, 59 donors pledged over $5,000,000,000 to support Haiti. (27) The United Nations Office of the Special Envoy for Haiti estimates that nearly $1,900,000,000 has been disbursed, with an additional amount of approximately $2,000,000,000 committed. (28) Haiti will need the support of the international community in order to confront the ongoing cholera epidemic and to promote reconstruction and development. SEC. 3. CESSATION OF REMOVALS TO HAITI. Beginning on the date of the enactment of this Act, no alien may be removed to Haiti until the report described in section 4 is issued. SEC. 4. REPORT. (a) Report Required.--The President, in consultation with the heads of all relevant agencies, including the Department of State, the United States Agency for International Development, the Department of Defense, the Department of Health and Human Services, and the Centers for Disease Control and Prevention shall transmit to the Congress a report on the status of post-earthquake humanitarian, reconstruction, and development efforts in Haiti, including efforts to prevent the spread of cholera and treat persons infected with the disease. (b) Contents.--The report required by subsection (a) shall include a description, analysis, and evaluation of the-- (1) overall progress of relief, recovery, and reconstruction in Haiti, including-- (A) programs and projects of the United States Government; (B) programs and projects to protect vulnerable populations, such as internally displaced persons, children, women and girls, and persons with disabilities; and (C) projects to improve water, sanitation, and health, and plans for improvements in these areas in the long-term; (2) extent to which United States and international efforts are in line with the priorities of the Government of Haiti and are actively engaging and working through Haitian ministries and local authorities; (3) coordination among United States Government agencies, and coordination between the United States Government and United Nations agencies, international financial institutions, and other bilateral donors; (4) mechanisms for communicating the progress of recovery and reconstruction efforts to Haitian citizens, as well as recommendations on how these can be improved; (5) mechanisms through which Haitian civil society, including vulnerable populations, is actively participating in all major stages of recovery and reconstruction efforts, and recommendations on how these can be improved; (6) mechanisms through which the Haitian diaspora is involved in recovery and reconstruction efforts; and (7) suitability of Haiti to receive aliens who are removed, excluded, or deported from the United States pursuant to United States law, and steps Haiti is taking to strengthen its capacity in this regard. (c) Use of Previously Appropriated Funds.--Funding for the report required under subsection (a) shall derive from existing discretionary funds of the departments and agencies specified in such subsection.

Cease Haitian Deportations Act - Prohibits the removal of aliens to Haiti until the President reports to Congress on the status of post-earthquake humanitarian, reconstruction, and development efforts in Haiti, including efforts to prevent the spread of cholera and treat persons infected with the disease.

To halt removal of aliens to Haiti until a report is made to the Congress on the status of post-earthquake humanitarian, reconstruction, and development efforts in Haiti.

SECTION 1. SHORT TITLE. This Act may be cited as the ``At-Home Infant Care Act of 2004''. SEC. 2. FINDINGS. Congress finds the following: (1) In the majority of American families, parents, whether married or single, must work to provide economic security for their families and, not the least, for the infants newly welcomed into the family. Fifty-five percent of women with children less than 1 year of age are part of the workforce, while 73 percent of women with children 1 year of age or older are in the workforce. (2) Research shows that the quality and nature of care- taking in the first months and years of life are critical to a newborn's subsequent brain development, social development, and well-being. Healthy early development depends on nurturing and dependable relationships. (3) Research also shows that there is an extreme shortage of quality, affordable child care for infants. Numerous studies document lack of infant care and, in particular, affordable care that meets basic health and safety standards, particularly in rural areas. The current number of licensed infant slots can only meet 18 percent of the potential need. The shortage is even more acute in rural areas, especially those with a high percentage of low-wage residents. (4) For the well-being of American children, and for the economic security of the families on which they depend, working parents should be able to provide this care themselves without undermining family economic stability. SEC. 3. AMENDMENTS TO THE CHILD CARE AND DEVELOPMENT BLOCK GRANT ACT OF 1990. (a) Authorization of Appropriations.--Section 658B of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858) is amended-- (1) by inserting ``(other than section 658H)'' after ``subchapter'', (2) by inserting ``(a) In General.--'' before ``There'', and (3) by adding at the end the following: ``(b) Infant Care at Home.--There is authorized to be appropriated for each of the fiscal years 2005, 2006, and 2007 such sums as may be necessary to carry out section 658H.''. (b) Application and Plan.--Section 658E(c) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)) is amended-- (1) in paragraph (2)-- (A) in subparagraph (A)(i) by inserting ``(other than section 658H)'' after ``subchapter'', and (B) in subparagraph (B) by inserting ``(other than section 658H)'' after ``subchapter'', and (C) by adding at the end the following: ``(I) Maintenance of effort.--Certify that the State agrees that funds appropriated under section 658B for any period will be used to supplement, and not to supplant, non-Federal funds that in the absence of funds appropriated under section 658B would be made available to provide child care services and infant care.'', (2) in paragraph (3)-- (A) in subparagraph (B) by inserting ``(other than section 658H)'' after ``subchapter'', (B) in subparagraph (D) by inserting ``(other than section 658H)'' after ``subchapter'', and (C) by adding at the end the following: ``(E) Assistance for infant care at home.--If a State elects to receive funds appropriated under section 658B(b) for a fiscal year, the State plan shall provide that the State will use such funds to carry out section 658H in accordance with the applicable requirements of this subchapter.'', and (3) in paragraph (5) by inserting ``and, if applicable, by eligible parent caregivers who receive financial assistance provided under section 658H'' before the period at the end. (c) Activities to Improve the Quality of Child Care.--Section 658G of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858e) is amended by inserting ``(other than section 658H)'' after ``subchapter''. (d) Financial Assistance for Infant Care Provided at Home by Parents.--The Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.) is amended by inserting after section 658G the following: ``SEC. 658H. FINANCIAL ASSISTANCE FOR INFANT CARE PROVIDED AT HOME BY PARENTS. ``(a) Authority to Make Grants.--With funds appropriated under section 658B(b) for a fiscal year, the Secretary may make grants equitably on the basis of the demonstrated need of parent caregivers for financial assistance, to eligible States to provide financial assistance to enable eligible parents to become the caregivers for eligible infants at home. ``(b) Eligibility of Parents.--A parent of an eligible infant is eligible to receive financial assistance provided under subsection (a) by a State only if such parent-- ``(1) is a member of a family that does not receive child care services for such infant provided with funds appropriated under section 658B(a) for such fiscal year; ``(2)(A) is a member of a single-parent family and-- ``(i) worked not less than 60 hours (in the aggregate); or ``(ii) worked not less than 40 hours (in the aggregate) and attended not less than 20 hours (in the aggregate) a postsecondary education or training program; in the 3-month period ending on the date such parent applies for such assistance; or ``(B) is a member of a 2-parent family in which both parents worked 120 hours (in the aggregate) in the 3-month period ending on the date such parent applies for such assistance; ``(3)(A) is a member of a single-parent family and agrees to use such assistance to personally care for such infant at home in lieu of placing such infant with an eligible child care provider; or ``(B) is a member of a 2-parent family and-- ``(i) such parent agrees to use such assistance to personally care for such infant at home in lieu of placing such infant with a child care provider; and ``(ii) the other parent will work for compensation during such period; and ``(4) to comply with any other requirement applicable under this subchapter. ``(c) Limitation.--Financial assistance may not be provided under this section to an eligible parent for a period exceeding 24 months (in the aggregate) during the lifetime of such parent.''. (e) Evaluation and Report to Congress.--Section 658L of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858j) is amended-- (1) by inserting ``(a) Biennial Reports.--'' before ``Not'', and (2) by adding at the end the following: ``(b) Report on At-Home Infant Care.--Not later than 4 years after the date of the enactment of At-Home Infant Care Act of 2004, the Secretary shall submit, to the Speaker of the House of Representatives and the President Pro Tempore of the Senate, a report containing a summary of an evaluation carried out by the Secretary to determine the effectiveness of infant care provided under section 658H. Such evaluation shall include information relating to-- ``(1) experiences of the States in developing and operating programs under section 658H, including design issues and issues in coordinating infant care under such section with child care services provided under other provisions of this subchapter; ``(2) characteristics of families seeking to receive financial assistance, and of families receiving such assistance, provided under such section; ``(3) the length of time families receive such assistance under such section and the reasons families cease to receive such assistance; ``(4) the employment patterns of families receive such assistance under such section and the effect receiving such assistance has on current or subsequent employment; and ``(5) the costs and benefits of such assistance.''. (f) Amounts Reserved; Allotments.--Section 658O of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858m) is amended-- (1) in subsection (a)-- (A) in paragraph (1) by striking ``this subchapter'' and inserting ``section 658B(a)'', and (B) in paragraph (2) by striking ``658B'' and inserting ``658B(a)'', and (2) in subsection (e)(3) by inserting ``(other than section 658H)'' after ``subchapter''. (g) Definitions.--Section 658P of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858n) is amended-- (1) by inserting after paragraph (5) the following: ``(5A) Eligible infant.--The term `eligible infant' means an eligible child who-- ``(A) is less than 2 years of age; and ``(B) whose family income does not exceed 85 percent of the State median income for a family of the same size.'', and (2) in paragraph (8) by striking ``658B(a)'' and inserting ``658D(a)''. (h) Miscellaneous Provisions.--Section 658S of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858q) is amended by inserting ``(including financial assistance provided under section 658H)'' after ``subchapter''. SEC. 4. CONFORMING AMENDMENTS. Section 418(c) of the Social Security Act (42 U.S.C. 618(c)) is amended-- (1) by inserting ``(excluding section 658H)'' after ``such Act'' the 1st place it appears, and (2) by inserting ``(excluding the requirements and limitations applicable to assistance provided under section 658H)'' after ``such Act'' the 2d place it appears.

At-Home Infant Care Act of 2004 - Amends the Child Care and Development Block Grant Act of 1990 to authorize appropriations for the Secretary of Health and Human Services to make grants to eligible States to provide financial assistance for up to 24 months (in the aggregate) to enable an eligible parent to become the caregiver for an eligible infant at home.

To amend the Child Care and Development Block Grant Act of 1990 to authorize financial assistance to permit infants to be cared for at home by parents.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Autism Statistics, Surveillance, Research, and Epidemiology Act of 1998 (ASSURE)''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) Autism and other pervasive developmental disabilities (fragile X syndrome, Rett's syndrome, childhood disintegrative disorder, Landau-Kleffner syndrome, and pervasive developmental disorders not otherwise specified) are biologically based neurodevelopmental diseases which cause severe impairment in cognition, language, and affective abilities. (2) Autism and pervasive developmental disabilities are not rare; they may affect as many as one in every 500 children, and more than 500,000 Americans. (3) There is little information on the prevalence of autism and other pervasive developmental disabilities in the United States. There have never been any national prevalence studies in the United States, and the two studies that were conducted in the 1980s examined only selected areas of the country. Recent studies in Canada, Europe, and Japan suggest that the prevalence of classic autism alone may be 300 percent to 400 percent higher than previously estimated. (4) The cost of caring for individuals with autism and pervasive developmental disabilities is estimated at more than $13,000,000,000 per year for direct costs only. (5) Autism is considered by many scientists to be one of the most heritable of all the developmental disorders, and the most likely to yield to the latest scientific advancements in genetics and neurology. (6) The discovery of effective treatments and a cure for autism will be greatly enhanced when scientists and epidemiologists have an accurate understanding of the prevalence and incidence of autism. (7) Recent research suggests that environmental factors may contribute to autism. As a result, contributing causes of autism, if identified, may be preventable. (8) Finding the answers to the causes of autism and related developmental disabilities may help researchers to understand other disorders, ranging from learning problems, to hyperactivity, to communications deficits that affect millions of Americans. SEC. 3. DEVELOPMENTAL DISABILITIES SURVEILLANCE AND RESEARCH PROGRAMS. (a) National Autism and Pervasive Developmental Disabilities Surveillance Program.--The Secretary of Health and Human Services (in this Act referred to as the ``Secretary''), acting through the Director of the Centers for Disease Control and Prevention, may make awards of grants and cooperative agreements for the collection, analysis, and reporting of data on autism and pervasive developmental disabilities. An entity may receive such an award only if the entity is a public or nonprofit private entity (including health departments of States and political subdivisions of States, and including universities and other educational entities). In making such awards, the Secretary may provide direct technical assistance in lieu of cash. (b) Centers of Excellence in Autism and Pervasive Developmental Disabilities Epidemiology.-- (1) In general.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall (subject to the extent of amounts made available in appropriations Acts) establish not less than three, and not more than five, regional centers of excellence in autism and pervasive developmental disabilities epidemiology for the purpose of collecting and analyzing information on the number, incidence, correlates, and causes of autism and related developmental disabilities. (2) Recipients of awards for establishment of centers.-- Centers under paragraph (1) shall be established and operated through the award of grants or cooperative agreements to public or nonprofit private entities that conduct research, including health departments of States and political subdivisions of States, and including universities and other educational entities. (3) Certain requirements.--An award for a center under paragraph (1) may be made only if the entity involved submits to the Secretary an application containing such agreements and information as the Secretary may require, including an agreement that the center involved will operate in accordance with the following: (A) The center will collect, analyze, and report autism and pervasive developmental disabilities data according to guidelines prescribed the Director, after consultation with relevant State and local public health officials, private sector developmental disability researchers, and advocates for those with developmental disabilities; (B) The center will assist with the development and coordination of State autism and pervasive developmental disabilities surveillance efforts within a region; (C) The center will provide education, training, and clinical skills improvement for health professionals aimed at better understanding and treatment of autism and related developmental disabilities; and (D) The center will identify eligible cases and controls through its surveillance systems and conduct research into factors which may cause autism and related developmental disabilities; each program will develop or extend an area of special research expertise (including, but not limited to, genetics, environmental exposure to contaminants, immunology, and other relevant research specialty areas). SEC. 4. CLEARINGHOUSE. The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall carry out the following: (1) The Centers for Disease Control and Prevention shall serve as the coordinating agency for autism and pervasive developmental disabilities surveillance activities through the establishment of a clearinghouse for the collection and storage of data generated from the monitoring programs created by this Act. The functions of such a clearinghouse shall include facilitating the coordination of research and policy development relating to the epidemiology of autism and other pervasive developmental disabilities. (2) The Secretary, acting through the Centers for Disease Control and Prevention, shall coordinate the Federal response to requests for assistance from State health department officials regarding potential or alleged autism or developmental disability clusters. SEC. 5. ADVISORY COMMITTEE. (a) In General.--The Secretary shall establish an Advisory Committee for Autism and Pervasive Developmental Disabilities Epidemiology Research (in this section referred to as the ``Committee''). The Committee shall provide advice and recommendations to the Director of the Centers for Disease Control and Prevention on-- (1) the establishment of a national autism and pervasive developmental disabilities surveillance program; (2) the establishment of centers of excellence in autism and pervasive developmental disabilities epidemiology; (3) methods and procedures to more effectively coordinate government and non-government programs and research on autism and pervasive developmental disabilities epidemiology; and (4) the effective operation of autism and pervasive developmental disabilities epidemiology research activities. (b) Composition.-- (1) In general.--The Committee shall be composed of ex officio members in accordance with paragraph (2) and 11 appointed members in accordance with paragraph (3). (2) Ex officio members.--The following officials shall serve as ex officio members of the Committee: (A) The Director of the National Center for Environmental Health. (B) The Assistant Administrator of the Agency for Toxic Substances and Disease Registry. (C) The Director of the National Institute of Child Health and Human Development. (D) The Director of the National Institute of Neurological Disorders and Stroke. (3) Appointed members.--Appointments to the Committee shall be made in accordance with the following: (A) Two members shall be research scientists with demonstrated achievements in research related to autism and related developmental disabilities. The scientists shall be appointed by the Secretary in consultation with the National Academy of Sciences. (B) Five members shall be representatives of the five national organizations whose primary emphasis is on research into autism and other pervasive developmental disabilities. One representative from each of such organizations shall be appointed by the Secretary in consultation with the National Academy of Sciences. (C) Two members shall be clinicians whose practice is primarily devoted to the treatment of individuals with autism and other pervasive developmental disabilities. The clinicians shall be appointed by the Secretary in consultation with the Institute of Medicine and the National Academy of Sciences. (D) Two members shall be individuals who are the parents or legal guardians of a person or persons with autism or other pervasive developmental disabilities. The individuals shall be appointed by the Secretary in consultation with the ex officio members under paragraph (1) and the five national organizations referred to in subparagraph (B). (c) Administrative Support; Terms of Service; Other Provisions.-- The following apply with respect to the Committee: (1) The Committee shall receive necessary and appropriate administrative support from the Department of Health and Human Services. (2) Members of the Committee shall be appointed for a term of three years, and may serve for an unlimited number of terms if reappointed. (3) The Committee shall meet no less than two times per year. (4) Members of the Committee shall not receive additional compensation for their service. Such members may receive reimbursement for appropriate and additional expenses that are incurred through service on the Committee which would not have incurred had they not been a member of the Committee. SEC. 6. REPORT TO CONGRESS. The Secretary shall prepare and submit to the Congress, after consultation and comment by the Advisory Committee, an annual report regarding the prevalence and incidence of autism and other pervasive developmental disorders, the results of research into the etiology of autism and other pervasive developmental disorders, public health responses to known or preventable causes of autism and other pervasive developmental disorders, and the need for additional research into promising lines of scientific inquiry. SEC. 7. DEFINITION. For purposes of this Act, the term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, and the Trust Territory of the Pacific Islands. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. For the purpose of carrying out this Act, there is authorized to be appropriated $7,500,000 for each of the fiscal years 1999 through 2003.

Autism Statistics, Surveillance, Research, and Epidemiology Act of 1998 (ASSURE) - Authorizes grants and contracts for the collection, analysis, and reporting of data on autism and pervasive developmental disabilities. Mandates establishment of three to five regional centers of excellence in autism and pervasive developmental disabilities epidemiology to collect and analyze information, to be established and operated through grants or cooperative agreements. Requires that the Centers for Disease Control and Prevention serve as the coordinating agency for autism and pervasive developmental disabilities surveillance through the establishment of a clearinghouse for data generated from the monitoring programs created by this Act. Mandates establishment of an Advisory Committee for Autism and Pervasive Developmental Disabilities Epidemiology Research. Authorizes appropriations.

Autism Statistics, Surveillance, Research, and Epidemology Act of 1998 (ASSURE)

SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumers' Home Improvement Protection Act''. SEC. 2. PREVENTING FRAUD IN REHABILITATION LOAN PROGRAM. Section 203(k) of the National Housing Act (12 U.S.C. 1709(k)) is amended by adding at the end the following new paragraph: ``(7) Prevention of fraud.--To prevent fraud under the program for loan insurance authorized under this subsection, the Secretary shall, by regulation, take the following actions: ``(A) Prohibition of identity of interest.--The Secretary shall prohibit any identity-of-interest, as such term is defined by the Secretary, between any of the following parties involved in a loan insured under this subsection: the borrower (including, in the case of a borrower that is a nonprofit organization, any member of the board of directors or the staff of the organization), the lender, any consultant, any real estate agent, any property inspector, and any appraiser. ``(B) Nonprofit participation.--The Secretary shall establish minimum standards for a nonprofit organization to participate in the program, which shall include-- ``(i) requiring such an organization to disclose to the Secretary its taxpayer identification number and evidence sufficient to indicate that the organization is an organization described in section 501(c) of the Internal Revenue Code of 1986 that is exempt from taxation under subtitle A of such Code; ``(ii) requiring that the board of directors of such an organization be comprised only of individuals who do not receive any compensation or other thing of value by reason of their service on the board and who have no personal financial interest in the rehabilitation project of the organization that is financed with the loan insured under this subsection; ``(iii) requiring such an organization to submit to the Secretary financial statements of the organization for the most recent 2 years, which have been prepared by a party that is unaffiliated with the organization; ``(iv) limiting to 10 the number of loans that are insured under this subsection, made to any single such organization, and, at any one time, have an outstanding balance of principal or interest, except that the Secretary may increase such numerical limitation on a case-by-case basis for good cause shown; ``(v) requiring such an organization to post a completion insurance bond in such amount as the Secretary determines appropriate as a condition of obtaining insurance under this subsection; and ``(vi) requiring such an organization to have been certified by the Secretary as meeting the requirements under this subsection and otherwise eligible to participate in the program not more than 2 years before obtaining a loan insured under this section. ``(C) Completion of work.--The Secretary shall prohibit any lender making a loan insured under this subsection from disbursing the final payment of loan proceeds unless the lender has received affirmation, from the borrower under the loan, both in writing and pursuant to an interview in person or over the telephone, that the rehabilitation activities financed by the loan have been satisfactorily completed. ``(D) Consultant certification.--The Secretary shall require that any consultant, as such term is defined by the Secretary, that is involved in a home inspection, site visit, or preparation of bids with respect to any loan insured under this section shall have been certified by the Secretary as adequately trained and competent to provide such service not more than 2 years before conducting any such activity. The Secretary shall establish a training and certification process to carry out this subparagraph. ``(E) Contractor qualification.--The Secretary shall require, in the case of any loan that is insured under this subsection and involves rehabilitation with a value of $25,000 or more, that the contractor or other person performing or supervising the rehabilitation activities financed by the loan shall-- ``(i) be certified by a nationally recognized organization as meeting industry standards for financial soundness, quality of workmanship, training, and continuing education; ``(ii) be licensed to conduct such activities by the State or unit of general local government in which the rehabilitation activities are being completed; or ``(iii) be bonded in such amount as the Secretary shall require.''. SEC. 3. REPORT ON ACTIVITY OF NONPROFIT ORGANIZATIONS UNDER REHABILITATION LOAN PROGRAM. Not later than 60 days after the date of the enactment of this Act, the Secretary of Housing and Urban Development shall submit a report to the Congress regarding the participation of nonprofit organizations under the rehabilitation loan program under section 203(k) of the National Housing Act (12 U.S.C. 1709(k)). The report shall-- (1) determine and describe the extent of participation in the program by such organizations; (2) analyze the impact, on such organizations and the program, of prohibiting such organizations from participating in the program; and (3) identify other opportunities for such organizations to acquire financing or credit enhancement for rehabilitation activities. SEC. 4. REGULATIONS. The Secretary of Housing and Urban Development shall issue final regulations and any other administrative orders or notices necessary to carry out the provisions of this Act and the amendments made by this Act not later than 120 days after the date of the enactment of this Act.

Directs the Secretary report on nonprofit organization program participation.

Consumers' Home Improvement Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cutting Contractor Use and Taxpayer Savings Act of 2014''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Since 2002, the Department of Defense has spent more than $2,000,000,000,000 on service contractors. (2) The decade-long trend of outsourcing work has created a shadow government of service contractors that are largely dependent on the taxpayers as their sole source of revenue. (3) Studies show that service contractors can cost taxpayers up to twice what it costs for members of the Armed Forces to perform the work. (4) In 2013, the Department of Defense spent nearly $180,000,000,000 on service contractors, making it the largest buyer of services in the Federal Government. (5) Approximately 30 percent of the intelligence community workforce is made up of service contractors, employees that work for companies whose primary goal is to make a profit and have never sworn an oath to defend and protect the United States. (6) Since 2002, Congress has repeatedly enacted legislation to improve the Department of Defense's management of service contractors. However, in 2013 the Government Accountability Office (GAO) found that, while the Department has taken action to address such legislative requirements, there are no metrics in place to determine the effects of those actions. SEC. 3. INSPECTOR GENERAL ANALYSIS OF SERVICE CONTRACTOR INVENTORY. (a) In General.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Inspector General of the Department of Defense shall submit to the congressional defense committees a comprehensive analysis of the global inventory Department of Defense service contractors. (b) Elements.--The analysis required under subsection (a) shall include the following elements: (1) A comprehensive inventory of Department of Defense service contractors. (2) An analysis of the types of service contracts that were significantly expanded after fiscal year 2002. (3) Identification of redundancies in the inventory. (c) Public Availability.--The analysis required under subsection (a) shall be made publically available. SEC. 4. DEFENSE CONTRACT AUDIT AGENCY REPORTING ON SERVICE CONTRACTS. (a) Audits.--The Defense Contract Audit Agency, in conducting audits of defense contracts, shall distinguish service contracts in its analysis, including by distinguishing the percentage of payment awarded for service elements on contracts containing both manufacturing and service elements. (b) Reporting.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Defense Contract Audit Agency shall submit to the congressional defense committees a report containing its findings pursuant to subsection (a). The report shall be made publically available. SEC. 5. SERVICE ACQUISITION IMPROVEMENT PLAN. (a) Plan Required.--Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition, Technology and Logistics shall, in consultation with the senior services managers of the military departments, submit to the congressional defense committees a plan to improve the acquisition of services by the Department of Defense. (b) Elements.--The plan required under subsection (a) shall include the following elements: (1) Baseline data on the status of service acquisition, including budget and spending data on services by volume, type, and location. (2) Specific goals for improving service acquisition. (3) Metrics to assess progress in meeting the goals outlined under paragraph (2). SEC. 6. REPORTING ON USE OF SERVICE CONTRACTS BY INTELLIGENCE COMMUNITY. (a) Annual Report.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Director of National Intelligence shall submit to the congressional defense committees and the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives a report with an inventory of service contractors used by each element of the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)). (b) Form.--The report required under subsection (a) may be submitted in classified form, but shall contain an unclassified summary including the total amount expended by each element of the intelligence community on service contracts. SEC. 7. LIMITATION ON ALLOWABLE GOVERNMENT CONTRACTOR COMPENSATION COSTS. (a) Limitation.-- (1) Civilian contracts.--Paragraph (16) of section 4304(a) of title 41, United States Code, is amended to read as follows: ``(16) Costs of compensation of contractor and subcontractor employees for a fiscal year, regardless of the contract funding source, to the extent that such compensation exceeds the annual salary of the President as determined under section 102 of title 3, except that the head of an executive agency may establish one or more narrowly targeted exceptions for scientists, engineers, or other specialists upon a determination that such exceptions are needed to ensure that the executive agency has continued access to needed skills and capabilities.''. (2) Defense contracts.--Subparagraph (P) of section 2324(e)(1) of title 10, United States Code, is amended to read as follows: ``(P) Costs of compensation of contractor and subcontractor employees for a fiscal year, regardless of the contract funding source, to the extent that such compensation exceeds the annual salary of the President as determined under section 102 of title 3, except that the head of an executive agency may establish one or more narrowly targeted exceptions for scientists, engineers, or other specialists upon a determination that such exceptions are needed to ensure that the executive agency has continued access to needed skills and capabilities.''. (b) Conforming Amendments.-- (1) Repeal.--Section 1127 of title 41, United States Code, is repealed. (2) Clerical amendment.--The table of sections at the beginning of chapter 11 of such title is amended by striking the item relating to section 1127. (c) Applicability.--This section and the amendments made by this section shall apply only with respect to costs of compensation incurred under contracts entered into on or after the date that is 180 days after the date of the enactment of this Act. (d) Reports.-- (1) In general.--Not later than 60 days after the end of each fiscal year, the Director of the Office of Management and Budget shall submit a report on contractor compensation to-- (A) the Committee on Armed Services of the Senate; (B) the Committee on Armed Services of the House of Representatives; (C) the Committee on Homeland Security and Governmental Affairs of the Senate; (D) the Committee on Oversight and Government Reform of the House of Representatives; (E) the Committee on Appropriations of the Senate; and (F) the Committee on Appropriations of the House of Representatives. (2) Elements.--The report required under paragraph (1) shall include-- (A) the total number of contractor employees, by executive agency, in the narrowly targeted exception positions described in section 4304(a)(16) of title 41, United States Code (as amended by subsection (a)(1)), and section 2324(e)(1)(P) of title 10, United States Code (as amended by subsection (a)(2)), during the preceding fiscal year; (B) the taxpayer-funded compensation amounts received by each contractor employee in a narrowly targeted exception position during such fiscal year; and (C) the duties and services performed by contractor employees in the narrowly targeted exception positions during such fiscal year. SEC. 8. REDUCTION IN SERVICE CONTRACT SPENDING. (a) Three-Year Requirement.-- (1) Limitation.--The aggregate amount obligated and expended by the Department of Defense for service contracts in fiscal years beginning after September 30, 2017, may not exceed the lesser of-- (A) the amount equal to 67 percent of the aggregate amount expended for service contracts in fiscal year 2014; or (B) the amount equal to 67 percent of the amount appropriated for the Department of Defense for the current fiscal year and available for service contracts. (2) Inapplicability of limitation.--The limitation in paragraph (1)(B) shall not apply if the Secretary of Defense certifies to Congress in writing that the aggregate amount to be obligated and expended by the Department of Defense in such fiscal year for service contracts will not exceed the amount specified in paragraph (1)(A). (b) Ten-Year Requirement.--The amount obligated and expended by the Department of Defense on service contracts in fiscal years beginning after September 30, 2024, may not exceed the amount obligated or expended by the Department of Defense on service contracts in fiscal year 2002 (adjusted for inflation). SEC. 9. CONGRESSIONAL DEFENSE COMMITTEES DEFINED. In this Act, the term ``congressional defense committees'' has the meaning given the term in section 101(a)(16) of title 10, United States Code.

Cutting Contractor Use and Taxpayer Savings Act of 2014 - Directs the Inspector General of the Department of Defense (DOD) to submit to the congressional defense committees, and make publicly available, an annual comprehensive analysis of the global inventory of DOD service contractors. Requires the Defense Contract Audit Agency, in conducting audits of defense contracts, to distinguish service contracts in its analysis, including by distinguishing the percentage of payment awarded for service elements on contracts containing both manufacturing and service elements. Directs the Agency to submit to the congressional defense committees, and make publicly available, an annual report on its findings. Directs the Under Secretary of Defense for Acquisition, Technology and Logistics to submit a plan to the congressional defense committees to improve the acquisition of services by DOD. Requires the Director of National Intelligence to submit to the congressional defense and intelligence committees an annual inventory of the service contractors used by each element of the intelligence community. Prohibits civilian or defense contracts from allowing compensation of contractor and subcontractor employees for a fiscal year to exceed the annual salary of the President (currently, $400,000). Allows an exception to such limitation for scientists, engineers, or other specialists who are needed to ensure that an executive agency has continued access to needed skills and capabilities. Requires the Director of the Office of Management and Budget (OMB) to submit an annual report to specified congressional committees on contractor compensation, including the number of contractor employees who were exempt in the preceding fiscal year from this Act's compensation limits. Prohibits the aggregate amount obligated and expended by DOD for service contracts in each fiscal year through FY2024 from exceeding the lesser of: (1) 67% of the aggregate amount expended for service contracts in FY2014, or (2) 67% of the amount appropriated for DOD for the current fiscal year that is available for service contracts. Makes the latter limitation inapplicable if the Secretary certifies to Congress in writing that DOD will not exceed the prior limitation. Prohibits the aggregate amount obligated and expended by DOD for service contracts in each fiscal year after FY2023 from exceeding the amount obligated or expended by DOD on service contracts in FY2002 (adjusted for inflation).

Cutting Contractor Use and Taxpayer Savings Act of 2014

SECTION 1. INCREASED AVERAGE FUEL ECONOMY STANDARDS. (a) Increased Standard.--Section 32902 of title 49, United States Code, is amended-- (1) in subsection (a)-- (A) by striking ``At least'' and inserting ``(1) At least''; (B) by striking ``automobiles (except passenger automobiles)'' and inserting ``non-passenger automobiles''; (C) by striking ``classes of automobiles'' and inserting ``classes of non-passenger automobiles based on vehicle attributes related to fuel economy''; and (D) by adding at the end the following: ``(2) In prescribing average fuel economy standards under this section, the Secretary shall ensure that the average fuel economy standard for non-passenger automobiles manufactured by a manufacturer for model year 2022 and subsequent model years shall be not less than 27.5 miles per gallon.''; (2) by amending subsection (b) to read as follows: ``(b) Passenger Automobiles.--(1) At least 18 months before the beginning of each model year, the Secretary shall prescribe by regulation average fuel economy standards for passenger automobiles manufactured by a manufacturer in that model year. Each standard shall be the maximum feasible average fuel economy level that the Secretary decides the manufacturers can achieve in that model year. The Secretary may prescribe separate standards for different classes of passenger automobiles based on vehicle attributes related to fuel economy. ``(2) In prescribing average fuel economy standards under this section, the Secretary shall ensure that the average fuel economy standard for passenger automobiles manufactured by a manufacturer for model year 2022 and subsequent model years shall be not less than 35 miles per gallon.''; and (3) by amending subsection (c) to read as follows: ``(c) Alternative Minimum Standard for Passenger Automobiles.--(1) Notwithstanding any other provision of this section, for any model year in which the Secretary prescribes average fuel economy standards for passenger automobiles on the basis of vehicle attributes, the average fuel economy standard for passenger automobiles manufactured by a manufacturer in that model year shall also provide for an alternative minimum standard that shall apply only to a manufacturer's domestically manufactured passenger automobiles. ``(2) The alternative minimum standard referred to in paragraph (1) shall be the greater of-- ``(A) 27.5 miles per gallon; or ``(B) 92 percent of the average fuel economy projected by the Secretary for the combined domestic and foreign fleets manufactured for sale in the United States by all manufacturers in that model year, which projection shall be published in the Federal Register when the standard for that model year is promulgated in accordance with this section. ``(3) The alternative minimum standard under this subsection shall apply to a manufacturer's domestically manufactured passenger automobiles only if the average fuel economy standard established for passenger automobiles on the basis of vehicle attributes pursuant to this section, excluding any credits transferred by the manufacturer pursuant to section 32903(g) from other categories of automobiles described in such section, would allow that manufacturer to comply with a less stringent average fuel economy standard than the alternative minimum standard. ``(4) If the Secretary prescribes standards for passenger automobiles on the basis of vehicle attributes, the Secretary shall provide a transition period during the first 3 model years in which an attribute-based standard would apply during which each manufacturer may elect whether to comply with the attribute-based standard or with the single corporate average fuel economy level prescribed under subsection (b).''. (b) Effective Date and Transition From Existing Standards.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall take effect on the date of the enactment of this Act. (2) Transition for passenger automobiles.--The standard or standards for passenger automobiles under the authority of section 32902(b) of title 49, United States Code, in effect on the day before the date of the enactment of this Act, shall remain in effect until a standard for passenger automobiles is prescribed pursuant to such section, as amended by this section. (c) Technical and Conforming Amendments.--Chapter 329 of title 49, United States Code, is amended-- (1) in section 32901(a)-- (A) by redesignating paragraph (16) as paragraph (17); and (B) by inserting after paragraph (15) the following: ``(16) `non-passenger automobile' means an automobile that is not a passenger automobile; and''; (2) in section 32902-- (A) in subsection (g)-- (i) in paragraph (1), by striking ``subsection (a) or (d)'' both places it appears and inserting ``subsection (a), (b), (c), or (d)''; and (ii) in paragraph (2), by striking ``(and submit the amendment to Congress when required under subsection (c)(2) of this section)''; (B) in subsection (h), by striking ``subsections (c),'' and inserting ``subsections (b), (c)''; and (C) in subsection (j), by striking ``subsection (a),'' and inserting ``subsection (a), (b),''; (3) in section 32903-- (A) by striking ``section 32902(b)-(d) of this title'' each place it appears and inserting ``subsection (a) through (d) of section 32902''; (B) in subsection (a)(2), by striking ``clause (1) of this subsection'' and inserting ``paragraph (1)''; and (C) in subsection (e), by striking ``automobiles that are not passenger automobiles'' and inserting ``non-passenger automobiles''; and (4) in section 32909(b), by striking ``, except that a petition for review'' and all that follows through ``referred to in section 32902(c)(2)''. SEC. 2. CREDIT TRANSFERRING WITHIN A MANUFACTURER'S FLEET. Section 32903 of title 49, United States Code, is amended by adding at the end the following: ``(g) Credit Transferring Within a Manufacturer's Fleet.--(1) The Secretary of Transportation shall establish by regulation a corporate average fuel economy credit transferring program to allow any manufacturer whose automobiles exceed any of the average fuel economy standards prescribed under section 32902 to transfer the credits earned under this section and to apply such credits within that manufacturer's fleet to a compliance category of automobiles that fails to achieve the prescribed standards. ``(2) Credits transferred under this subsection are available to be used in the same model years that the manufacturer could have applied such credits under subsections (a), (b), (d), and (e), as well as for the model year in which the manufacturer earned such credits. The maximum increase in any compliance category attributable to transferred credits is 1.0 mile per gallon in any single model year. ``(3) In the case of transfers of credits to the category of automobiles described in paragraph (5)(B)(i), the transfer is limited to the extent that the fuel economy level of the manufacturer's fleet of passenger automobiles manufactured domestically shall comply with the provisions established under section 32902(c), excluding any transfers from other categories of automobiles described in paragraph (5)(B). ``(4) A credit transferred in conformance with this subsection may only be so transferred if such credit is earned in model year 2010 or any subsequent model year. ``(5) As used in this subsection-- ``(A) the term `fleet' means all automobiles manufactured by a manufacturer in a particular model year; and ``(B) the term `compliance category of automobiles' means any of the 3 categories of automobiles for which compliance is separately calculated under this chapter, namely-- ``(i) passenger automobiles manufactured domestically; ``(ii) passenger automobiles not manufactured domestically; and ``(iii) non-passenger automobiles.''. SEC. 3. FUEL CONSERVATION EDUCATION PROGRAM. (a) Partnership.--The Secretary of Transportation shall enter into a partnership with interested industry groups, including groups from the automotive, gasoline refining, and oil industries, and groups representing the public interest and consumers to establish a public education campaign that provides information to United States drivers about immediate measures that may be taken to conserve transportation fuel. (b) Accessibility.--The public information campaign under this section shall be targeted to reach the widest audience possible. The education campaign may include television, print, Internet website, or any other method designed to maximize the dissemination of transportation fuel savings information to drivers. (c) Cost Sharing.--The Secretary shall provide no more than 50 percent of the cost of the campaign created under this section. The Secretary is authorized to accept private funds to augment funds made available under this subsection. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Transportation such sums as may be necessary to carry out this section.

Revises corporate average fuel economy standards (CAFE standards) provisions for non-passenger and passenger automobiles to: (1) provide for increased average fuel economy standards for non-passenger and passenger automobiles; (2) permit separate average fuel economy standards for non-passenger and passenger automobiles based on vehicle attributes related to fuel economy; and (3) establish a corporate average fuel economy credit transferring program within a manufacturer's fleet. Provides for the establishment of a public education campaign to provide information to U.S. drivers about immediate measures that may be taken to conserve transportation fuel.

To increase the corporate average fuel economy standards for automobiles, and for other purposes.

SECTION 1. PARTICIPATION OF PRESIDENT, VICE PRESIDENT, MEMBERS OF CONGRESS, POLITICAL APPOINTEES, AND CONGRESSIONAL STAFF IN THE EXCHANGE. (a) In General.--Section 1312(d)(3)(D) of the Patient Protection and Affordable Care Act is amended to read as follows: ``(D) President, vice president, political appointees, members of congress, and congressional staff in the exchange.-- ``(i) In general.--Notwithstanding chapter 89 of title 5, United States Code, or any provision of this title-- ``(I) the President, the Vice President, each political appointee, each Member of Congress, and each Congressional employee shall be treated as a qualified individual entitled to the right under this paragraph to enroll in a qualified health plan in the individual market offered through an Exchange in the State in which the individual resides; and ``(II) any employer contribution under such chapter on behalf of the President, the Vice President, any political appointee, any Member of Congress, and any Congressional employee may be paid only to the issuer of a qualified health plan in which the individual enrolled in through such Exchange and not to the issuer of a plan offered through the Federal employees health benefit program under such chapter. ``(ii) Payments by federal government.--The Secretary, in consultation with the Director of the Office of Personnel Management, shall establish procedures under which-- ``(I) the employer contributions under such chapter on behalf of the President, the Vice President, each political appointee, each Member of Congress, and each Congressional employee are determined and actuarially adjusted for individual or family coverage, rating areas, and age (in accordance with clauses (i) through (iii) of section 2701(a)(1)(A) of the Public Health Service Act); and ``(II) the employer contributions may be made directly to an Exchange for payment to an issuer. ``(iii) Political appointee.--In this subparagraph, the term `political appointee' means any individual who-- ``(I) is employed in a position described under sections 5312 through 5316 of title 5, United States Code, (relating to the Executive Schedule); ``(II) is a limited term appointee, limited emergency appointee, or noncareer appointee in the Senior Executive Service, as defined under paragraphs (5), (6), and (7), respectively, of section 3132(a) of title 5, United States Code; or ``(III) is employed in a position in the executive branch of the Government of a confidential or policy- determining character under schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations. ``(iv) Congressional employee.--In this subparagraph, the term `Congressional employee' means an employee whose pay is disbursed by the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives.''. (b) Effective Date.--The amendment made by this section shall take effect as if included in the Patient Protection and Affordable Care Act.

Amends the Patient Protection and Affordable Care Act (PPACA) to require the participation of the President, Vice President, each Member of Congress, each political appointee, and each Congressional employee in state Exchanges established for the purchase of health care coverage under such Act.

To amend the Patient Protection and Affordable Care Act to provide for participation in the Exchange of the President, Vice-President, Members of Congress, political appointees, and congressional staff.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Tax Relief Act of 2011''. SEC. 2. REPEAL OF EXPANSION OF CERTAIN INFORMATION REPORTING REQUIREMENTS TO CORPORATIONS AND TO PAYMENTS FOR PROPERTY. Section 9006 of the Patient Protection and Affordable Care Act is repealed. Each provision of law amended by such section is amended to read as such provision would read if such section had never been enacted. SEC. 3. SURCHARGE ON HIGH INCOME INDIVIDUALS. (a) In General.--Subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: ``PART VIII--SURCHARGE ON HIGH INCOME INDIVIDUALS ``Sec. 59C. Surcharge on high income individuals. ``SEC. 59C. SURCHARGE ON HIGH INCOME INDIVIDUALS. ``(a) General Rule.--In the case of a taxpayer other than a corporation, there is hereby imposed (in addition to any other tax imposed by this subtitle) a tax equal to 5.4 percent of so much of the modified adjusted gross income of the taxpayer as exceeds $1,000,000. ``(b) Taxpayers Not Making a Joint Return.--In the case of any taxpayer other than a taxpayer making a joint return under section 6013 or a surviving spouse (as defined in section 2(a)), subsection (a) shall be applied by substituting for the dollar amount therein (after any increase determined under subsection (d)) a dollar amount equal to-- ``(1) 50 percent of the dollar amount so in effect in the case of a married individual filing a separate return, and ``(2) 80 percent of the dollar amount so in effect in any other case. ``(c) Modified Adjusted Gross Income.--For purposes of this section, the term `modified adjusted gross income' means adjusted gross income reduced by any deduction (not taken into account in determining adjusted gross income) allowed for investment interest (as defined in section 163(d)). In the case of an estate or trust, adjusted gross income shall be determined as provided in section 67(e). ``(d) Inflation Adjustments.-- ``(1) In general.--In the case of taxable years beginning after 2011, the dollar amount in subsection (a) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, by substituting `calendar year 2010' for `calendar year 1992' in subparagraph (B) thereof. ``(2) Rounding.--If any amount as adjusted under paragraph (1) is not a multiple of $5,000, such amount shall be rounded to the next lowest multiple of $5,000. ``(e) Special Rules.-- ``(1) Nonresident alien.--In the case of a nonresident alien individual, only amounts taken into account in connection with the tax imposed under section 871(b) shall be taken into account under this section. ``(2) Citizens and residents living abroad.--The dollar amount in effect under subsection (a) (after the application of subsections (b) and (d)) shall be decreased by the excess of-- ``(A) the amounts excluded from the taxpayer's gross income under section 911, over ``(B) the amounts of any deductions or exclusions disallowed under section 911(d)(6) with respect to the amounts described in subparagraph (A). ``(3) Charitable trusts.--Subsection (a) shall not apply to a trust all the unexpired interests in which are devoted to one or more of the purposes described in section 170(c)(2)(B). ``(4) Not treated as tax imposed by this chapter for certain purposes.--The tax imposed under this section shall not be treated as tax imposed by this chapter for purposes of determining the amount of any credit under this chapter or for purposes of section 55.''. (b) Clerical Amendment.--The table of parts for subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``part viii. surcharge on high income individuals.''. (c) Section 15 Not To Apply.--The amendment made by subsection (a) shall not be treated as a change in a rate of tax for purposes of section 15 of the Internal Revenue Code of 1986. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2010. (e) Deficit Reduction.--Revenues received pursuant to the amendments made by this section shall be deposited in the Treasury and used for deficit reduction, except that in the case of a fiscal year for which there is no Federal budget deficit (determined after taking into account the repeal and amendments made by section 2), such amounts shall be used to reduce the Federal debt (in such manner as the Secretary of the Treasury considers appropriate).

Small Business Tax Relief Act of 2011 - Repeals the provision of the Patient Protection and Affordable Care Act that extends to corporations that are not tax-exempt the requirement to report payments of $600 or more. Amends the Internal Revenue Code to impose a 5.4% surcharge on individual taxpayers whose modified adjusted gross income exceeds $1 million. Dedicates revenues from such surcharge to federal deficit or debt reduction.

To amend the Internal Revenue Code of 1986 to repeal the expansion of certain information reporting requirements to corporations and to payments for property, to impose a surcharge on high income taxpayers, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Colorectal Cancer Early Detection, Prevention, and Treatment Act''. SEC. 2. PREVENTIVE HEALTH MEASURES WITH RESPECT TO COLORECTAL CANCER. 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 section: ``SEC. 317T. PREVENTIVE HEALTH MEASURES WITH RESPECT TO COLORECTAL CANCER. ``(a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may make grants to public and nonprofit private entities for the purpose of carrying out not fewer than 20 demonstration projects for the following: ``(1) Providing screenings for colorectal cancer to individuals who-- ``(A) are 50 years of age or older; or ``(B)(i) are under 50 years of age; and ``(ii) are at high risk for such cancer. ``(2) Providing appropriate case management and referrals for medical treatment of individuals screened pursuant to paragraph (1). ``(3) Ensuring the provision of the full continuum of cancer care for individuals so screened, including appropriate follow-up for abnormal tests, diagnostic and therapeutic services, and treatment for detected cancers, which continuum is, as necessary, but subject to subsection (e), provided for through the use of amounts appropriated under subsection (h). ``(4) Carrying out activities to improve the education, training, and skills of health professionals (including allied health professionals) in the detection and control of colorectal cancer, which activities are carried out pursuant to the participation of the health professionals in the projects. ``(5) Evaluating the projects through appropriate surveillance or program monitoring activities. ``(6) Developing and disseminating findings derived through such evaluations and the collection of data on outcomes. ``(7) Promoting the benefits of receiving screenings through the projects. ``(b) Priority for Low-Income, Uninsured Individuals.--A grant may be made under subsection (a) only if the applicant involved agrees that, in providing screenings under paragraph (1) of such subsection, the applicant will give priority to low-income individuals who lack coverage under health insurance and health plans with respect to screenings for colorectal cancer. ``(c) Special Consideration for Certain Applicants.--In making grants under subsection (a) for a fiscal year, the Secretary shall give special consideration to the following applicants: ``(1) In the case of services under such subsection for women, to applicants that, for such year, are grantees under title XV. ``(2) In the case of services under such subsection for men, to applicants that, for such year, are grantees under section 317D. ``(d) Use of Certain Standards Under Medicare Program.--A grant may be made under subsection (a) only if the applicant involved agrees as follows: ``(1) Screenings under subsection (a)(1) will be carried out as preventive health measures in accordance with evidence- based screening procedures as specified in section 1861(pp)(1) of the Social Security Act. ``(2) An individual will be considered high risk for purposes of subsection (a)(1)(B)(ii) only if the individual is high risk within the meaning of section 1861(pp)(2) of such Act. ``(3) The payment made from the grant for a screening procedure under subsection (a)(1) will not exceed the amount that would be paid under part B of title XVIII of such Act if payment were made under such part for furnishing the procedure to an individual enrolled under such part. ``(e) Relationship to Items and Services Under Other Programs.--A grant under subsection (a) may be made only if the applicant involved agrees that the grant will not be expended to make payment for any item or service to the extent that payment has been made, or can reasonably be expected to be made, with respect to such item or service-- ``(1) under any State compensation program, under an insurance policy, or under any Federal or State health benefits program; or ``(2) by an entity that provides health services on a prepaid basis. ``(f) Records and Audits.--A grant under subsection (a) may be made only if the applicant involved agrees that the applicant will-- ``(1) establish such fiscal control and fund accounting procedures as may be necessary to ensure proper disbursal of, and accounting for, amounts received under subsection (a); and ``(2) upon request, provide records maintained pursuant to paragraph (1) to the Secretary or the Comptroller of the United States for purposes of auditing the expenditures of the grant by the applicant. ``(g) Reports.--A grant under subsection (a) may be made only if the applicant involved agrees to submit to the Secretary such reports as the Secretary may require with respect to the grant. ``(h) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $50,000,000 for fiscal year 2007, and such sums as may be necessary for each of the fiscal years 2008 through 2011.''.

Colorectal Cancer Early Detection, Prevention, and Treatment Act - Amends the Public Health Service Act to allow the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to make grants to public and private entities for demonstrations projects to: (1) provide colorectal cancer screenings to individuals who are 50 years of age or older or at high risk for such cancer; (2) provide case management and referrals for medical treatment to individuals screened; (3) ensure the provision of cancer care to individuals screened; (4) improve the education, training, and skills of health professionals in the detection and control of colorectal cancer; (5) evaluate the projects through appropriate surveillance or program monitoring activities; (6) develop and disseminate findings derived through such evaluations and the collection of data on outcomes; and (7) promote the benefits of receiving screenings through the projects. Requires applicants to give priority to low-income individuals who lack colorectal cancer coverage under health insurance and health plans. Requires the Secretary to give special consideration to applicants currently receiving grants for preventive health programs for breast or cervical cancers or prostate cancer.

To amend the Public Health Service Act to provide for demonstation projects to carry out preventive health measures with respect to colorectal cancer.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Arla Harrell Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) During World War II, the Government carried out a program of testing mustard gas and lewisite exposure on members of the Armed Forces. This program was classified and participating members were threatened with dishonorable discharges and imprisonment if they revealed their participation. (2) On July 12, 1973, a fire at the National Personnel Records Center destroyed more than 16,000,000 official military personnel files. The records affected more than 80 percent of members and former members of the Army who were discharged between November 1, 1912, and January 1, 1960. As a result, due to no fault of their own, veterans who were subjected to testing under the program are unable to rely on a full and complete record of their service to produce proof that they were subjected to such testing. (3) The Armed Forces did not fully acknowledge its role in the program until the last of the experiments was declassified in 1975, 30 years after testing under the program was completed and 2 years after the fire destroyed military records at the National Personnel Records Center. (4) The oath of secrecy was not effectively lifted until 1991, 46 years after the testing was completed, further hampering the ability of veterans to provide proof that they were subjected to the testing. (5) The Department of Veterans Affairs is relying on incomplete information to adjudicate claims, which often provides conflicting data regarding veterans' mustard gas or lewisite exposure due to recordkeeping failures outside of the veterans' control. (6) The Department has rejected approximately 90 percent of claims for benefits under laws administered by the Secretary of Veterans Affairs relating to mustard gas or lewisite exposure. (7) Veterans who participated in the mustard gas or lewisite testing were not afforded the same opportunity to provide evidence of their exposure for disability compensation and ought to be afforded unique consideration. SEC. 3. RECONSIDERATION OF CLAIMS FOR DISABILITY COMPENSATION FOR VETERANS WHO WERE THE SUBJECTS OF MUSTARD GAS OR LEWISITE EXPERIMENTS DURING WORLD WAR II. (a) Reconsideration of Claims for Disability Compensation in Connection With Exposure to Mustard Gas or Lewisite.-- (1) In general.--The Secretary of Veterans Affairs, in consultation with the Secretary of Defense, shall reconsider all claims for compensation described in paragraph (2) and make a new determination regarding each such claim. (2) Claims for compensation described.--Claims for compensation described in this paragraph are claims for compensation under chapter 11 of title 38, United States Code, that the Secretary of Veterans Affairs determines are in connection with exposure to mustard gas or lewisite during active military, naval, or air service during World War II and that were denied before the date of the enactment of this Act. (3) Presumption of exposure.--In carrying out paragraph (1), if the Secretary of Veterans Affairs or the Secretary of Defense makes a determination regarding whether a veteran experienced full-body exposure to mustard gas or lewisite, such Secretary-- (A) shall presume that the veteran experienced full-body exposure to mustard gas or lewisite, as the case may be, unless proven otherwise; and (B) may not use information contained in the DoD and VA Chemical Biological Warfare Database or any list of known testing sites for mustard gas or lewisite maintained by the Department of Veterans Affairs or the Department of Defense as the sole reason for determining that the veteran did not experience full- body exposure to mustard gas or lewisite. (4) Report.--Not later than 90 days after the date of the enactment of this Act, and not less frequently than once every 90 days thereafter, the Secretary of Veterans Affairs shall submit to the appropriate committees of Congress a report specifying any claims reconsidered under paragraph (1) that were denied during the 90-day period preceding the submittal of the report, including the rationale for each such denial. (b) Development of Policy.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs and the Secretary of Defense shall jointly establish a policy for processing future claims for compensation under chapter 11 of title 38, United States Code, that the Secretary of Veterans Affairs determines are in connection with exposure to mustard gas or lewisite during active military, naval, or air service during World War II. (c) Investigation and Report by Secretary of Defense.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall-- (1) for purposes of determining whether a site should be added to the list of the Department of Defense of sites where mustard gas or lewisite testing occurred, investigate and assess sites where-- (A) the Army Corps of Engineers has uncovered evidence of mustard gas or lewisite testing; or (B) more than two veterans have submitted claims for compensation under chapter 11 of title 38, United States Code, in connection with exposure to mustard gas or lewisite at such site and such claims were denied; and (2) submit to the appropriate committees of Congress a report on experiments conducted by the Department of Defense during World War II to assess the effects of mustard gas and lewisite on people, which shall include-- (A) a list of each location where such an experiment occurred, including locations investigated and assessed under paragraph (1); (B) the dates of each such experiment; and (C) the number of members of the Armed Forces who were exposed to mustard gas or lewisite in each such experiment. (d) Investigation and Report by Secretary of Veterans Affairs.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall-- (1) investigate and assess-- (A) the actions taken by the Secretary to reach out to individuals who had been exposed to mustard gas or lewisite in the experiments described in subsection (c)(2)(A); and (B) the claims for disability compensation under laws administered by the Secretary that were filed with the Secretary and the percentage of such claims that were denied by the Secretary; and (2) submit to the appropriate committees of Congress-- (A) a report on the findings of the Secretary with respect to the investigations and assessments carried out under paragraph (1); and (B) a comprehensive list of each location where an experiment described in subsection (c)(2)(A) was conducted. (e) Definitions.--In this section: (1) The terms ``active military, naval, or air service'', ``veteran'', and ``World War II'' have the meanings given such terms in section 101 of title 38, United States Code. (2) The term ``appropriate committees of Congress'' means-- (A) the Committee on Veterans' Affairs, the Committee on Armed Services, and the Special Committee on Aging of the Senate; and (B) the Committee on Veterans' Affairs and the Committee on Armed Services of the House of Representatives. (3) The term ``full-body exposure'', with respect to mustard gas or lewisite, has the meaning given that term by the Secretary of Defense.

Arla Harrell Act This bill requires the Department of Veterans Affairs (VA) to reconsider and make a new determination regarding each claim for disability compensation in connection with exposure to mustard gas or lewisite during active military, naval, or air service during World War II that was denied before this bill's enactment. The VA or the Department of Defense (DOD): (1) shall presume that a veteran experienced full-body exposure to mustard gas or lewisite unless proven otherwise; and (2) may not use information contained in the DOD and VA Chemical Biological Warfare Database or any list of known testing sites for mustard gas or lewisite maintained by the VA or DOD as the sole reason for determining that the veteran did not experience such exposure. The VA shall report to Congress every 90 days on reconsidered claims that were denied. The VA and DOD shall jointly establish a policy for processing future claims in connection with such exposure. The bill requires DOD, for purposes of determining whether a site should be added to the list of DOD sites where mustard gas or lewisite testing occurred, to: (1) investigate and assess sites where the Army Corps of Engineers has uncovered evidence of mustard gas or lewisite testing or where more than two veterans submitted claims in connection with exposure that were denied; and (2) report on experiments conducted by DOD during World War II to assess the effects of mustard gas and lewisite. The VA shall: (1) investigate and assess VA actions to reach out to individuals who had been exposed in such experiments, the disability compensation claims that were filed, and the percentage of such claims that were denied; and (2) submit a comprehensive list of each location where such an experiment was conducted.

Arla Harrell Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Build America Bonds Act of 2013''. SEC. 2. BUILD AMERICA BONDS MADE PERMANENT. (a) In General.--Subparagraph (B) of section 54AA(d)(1) of the Internal Revenue Code of 1986 is amended by inserting ``or during a period beginning on or after the date of the enactment of the Build America Bonds Act of 2013,'' after ``January 1, 2011,''. (b) Reduction in Credit Percentage to Bondholders.--Subsection (b) of section 54AA of such Code is amended to read as follows: ``(b) Amount of Credit.-- ``(1) In general.--The amount of the credit determined under this subsection with respect to any interest payment date for a build America bond is the applicable percentage of the amount of interest payable by the issuer with respect to such date. ``(2) Applicable percentage.--For purposes of paragraph (1), the applicable percentage shall be determined under the following table: ``In the case of a bond issued The applicable during calendar year: percentage is: 2009 or 2010........................................... 35 2013................................................... 32 2014................................................... 31 2015................................................... 30 2016................................................... 29 2017 and thereafter.................................... 28.''. (c) Extension of Payments to Issuers.-- (1) In general.--Section 6431 of such Code is amended-- (A) by inserting ``or during a period beginning on or after the date of the enactment of the Build America Bonds Act of 2013,'' after ``January 1, 2011,'' in subsection (a), and (B) by striking ``before January 1, 2011'' in subsection (f)(1)(B) and inserting ``during a particular period''. (2) Conforming amendments.--Subsection (g) of section 54AA of such Code is amended-- (A) by inserting ``or during a period beginning on or after the date of the enactment of the Build America Bonds Act of 2013,'' after ``January 1, 2011,'', and (B) by striking ``Qualified Bonds Issued Before 2011'' in the heading and inserting ``Certain Qualified Bonds''. (d) Reduction in Percentage of Payments to Issuers.--Subsection (b) of section 6431 of such Code is amended-- (1) by striking ``The Secretary'' and inserting the following: ``(1) In general.--The Secretary'', (2) by striking ``35 percent'' and inserting ``the applicable percentage'', and (3) by adding at the end the following new paragraph: ``(2) Applicable percentage.--For purposes of this subsection, the term `applicable percentage' means the percentage determined in accordance with the following table: ``In the case of a qualified bond The applicable issued during calendar year: percentage is: 2009 or 2010........................................... 35 2013................................................... 32 2014................................................... 31 2015................................................... 30 2016................................................... 29 2017 and thereafter.................................... 28.''. (e) Current Refundings Permitted.--Subsection (g) of section 54AA of such Code is amended by adding at the end the following new paragraph: ``(3) Treatment of current refunding bonds.-- ``(A) In general.--For purposes of this subsection, the term `qualified bond' includes any bond (or series of bonds) issued to refund a qualified bond if-- ``(i) the average maturity date of the issue of which the refunding bond is a part is not later than the average maturity date of the bonds to be refunded by such issue, ``(ii) the amount of the refunding bond does not exceed the outstanding amount of the refunded bond, and ``(iii) the refunded bond is redeemed not later than 90 days after the date of the issuance of the refunding bond. ``(B) Applicable percentage.--In the case of a refunding bond referred to in subparagraph (A), the applicable percentage with respect to such bond under section 6431(b) shall be the lowest percentage specified in paragraph (2) of such section. ``(C) Determination of average maturity.--For purposes of subparagraph (A)(i), average maturity shall be determined in accordance with section 147(b)(2)(A). ``(D) Issuance restriction not applicable.-- Subsection (d)(1)(B) shall not apply to a refunding bond referred to in subparagraph (A).''. (f) Clarification Related to Levees and Flood Control Projects.-- Subparagraph (A) of section 54AA(g)(2) of such Code is amended by inserting ``(including capital expenditures for levees and other flood control projects)'' after ``capital expenditures''. (g) Gross-Up of Payment to Issuers in Case of Sequestration.--In the case of any payment under section 6431(b) of the Internal Revenue Code of 1986 made after the date of the enactment of this Act to which sequestration applies, the amount of such payment shall be increased to an amount equal to-- (1) such payment (determined before such sequestration), multiplied by (2) the quotient obtained by dividing 1 by the amount by which 1 exceeds the percentage reduction in such payment pursuant to such sequestration. For purposes of this subsection, the term ``sequestration'' means any reduction in direct spending ordered in accordance with a sequestration report prepared by the Director of the Office and Management and Budget pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 or the Statutory Pay-As-You-Go Act of 2010. (h) Effective Date.--The amendments made by this section shall apply to obligations issued on or after the date of the enactment of this Act.

Build America Bonds Act of 2013 - Amends the Internal Revenue Code to: (1) make permanent the issuance authority for Build America Bonds and the authority for payments to issuers of such bonds, (2) make phased reductions in the credit percentage to bondholders and the percentage of payments to issuers of such bonds, (3) allow refundings of currently issued bonds, and (4) allow the use of Build America bonds to fund capital expenditures for levees and flood control projects. Provides for an increase in payments to issuers of Build America bonds to compensate for reductions in the amount of such payments due to sequestration.

Build America Bonds Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Estuarine Reserve System Act of 2003''. SEC. 2. ESTABLISHMENT OF NATIONAL ESTUARINE RESERVE SYSTEM. (a) Policy.--Section 303 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1452) is amended-- (1) in paragraph (5) by striking ``and'' after the semicolon; (2) in paragraph (6) by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(7) to use the National Estuarine Reserve System established under section 315 to improve the understanding, stewardship, and management of coastal and estuarine resources, including the development, application, and transfer to local, State, and Federal resources managers of innovative coastal and estuarine resources management technologies and techniques.''. (b) Definition of Resource Stewardship.--Section 304 of such Act (16 U.S.C. 1453) is amended by adding at the end the following: ``(19) The term `resource stewardship' means the implementation of management, research, and public education and outreach methods and techniques to ensure the long-term conservation of fish, wildlife, and plant resources and the maintenance of biological integrity, diversity, and environmental health of coastal and estuarine resources.''. (c) National Estuarine Reserve System.--Section 315 of such Act (16 U.S.C. 1461) is amended to read as follows: ``national estuarine reserve system ``Sec. 315. (a) Establishment of the System.-- ``(1) In general.--There is established the National Estuarine Reserve System. The System shall consist of-- ``(A) each component of the National Estuarine Research Reserve System established by this section, as in effect immediately before the enactment of the National Estuarine Reserve System Act of 2003; and ``(B) each national estuarine reserve designated under this section. ``(2) Purpose.--The purpose of the System and of each reserve is to improve the understanding, stewardship, and management of coastal and estuarine resources. ``(3) Designation of existing sanctuaries as reserves.-- Each component of the National Estuarine Research Reserve System referred to in paragraph (1)(A) is hereby designated as a national estuarine reserve. ``(b) Designation of National Estuarine Reserves.--The Secretary may designate an area as a national estuarine reserve if-- ``(1) the area-- ``(A) includes any part or all of an estuary and any island, transitional area, and upland in, adjoining, or adjacent to the estuary; and ``(B) constitutes to the extent feasible a natural unit; ``(2) the Government of the coastal State in which the area is located nominates the area for that designation; and ``(3) the Secretary finds that-- ``(A) the area is a representative estuarine ecosystem that is suitable for long-term research and contributes to the biogeographical and typological balance of the System; ``(B) the law of the coastal State provides long- term protection for reserve resources to ensure a stable environment for research, education, and resource stewardship; and ``(C) designation of the area as a reserve will serve to enhance public awareness and understanding of coastal and estuarine resources, and provide suitable opportunities for education, interpretation, training, and demonstration projects to improve management of coastal and estuarine resources. ``(c) Coastal and Estuarine Research, Education, and Resource Stewardship Guidelines.-- ``(1) In general.--The Secretary shall develop guidelines for the conduct of research, education, and resource stewardship within the System that shall include-- ``(A) a mechanism for identifying, and establishing priorities among, the coastal and estuarine management issues that should be addressed through coordinated research, education, and resource stewardship within the System; ``(B) the establishment of common principles and objectives to guide the development of research, education, and resource stewardship programs within the System; ``(C) the identification of uniform research methodologies which will ensure comparability of data, the broadest application of research results, and the maximum use of the System for research purposes; ``(D) the establishment of performance standards upon which the effectiveness of the research, education, and resource stewardship efforts and the value of reserves within the System in addressing the coastal and estuarine management issues identified in subparagraph (A) may be measured; and ``(E) the consideration of sources of funds for coastal and estuarine research, education, and resource stewardship in addition to the funds authorized under this title, and strategies for encouraging the use of such funds within the System, with particular emphasis on mechanisms established under subsection (d). ``(2) Consultation.--In developing the guidelines under this section, the Secretary shall consult with State representatives and prominent members of the coastal and estuarine research, education, and resource stewardship community. ``(d) Promotion and Coordination of Coastal and Estuarine Research, Education, and Resource Stewardship.-- ``(1) In general.--The Secretary shall take such actions as are necessary to promote and coordinate the use of the System for coastal and estuarine research, education, and resource stewardship purposes. ``(2) Required actions.--Actions under this subsection shall include the following: ``(A) Requiring that research, education, and resource stewardship activities administered or supported by the Secretary and relating to coastal and estuarine resources give priority consideration to activities that use the System. ``(B) Consulting with other Federal and State agencies to promote use of one or more reserves within the System by such agencies when conducting coastal and estuarine research, education, and resource stewardship activities. ``(C) Establishing partnerships with other Federal and State coastal and estuarine management programs to coordinate and collaborate on coastal and estuarine research, education, and resource stewardship. ``(e) Financial Assistance.-- ``(1) In general.--The Secretary may, in accordance with such rules and regulations as the Secretary shall promulgate, make grants-- ``(A) to a coastal State-- ``(i) for purposes of acquiring such lands and waters, and any property interests therein, as are necessary to ensure the appropriate long-term management of an area as a reserve and constructing appropriate reserve facilities; ``(ii) for purposes of operating or managing a reserve; or ``(iii) for purposes of conducting resource stewardship, educational, or interpretive activities at a reserve; and ``(B) to any coastal State or public or private person for purposes of-- ``(i) supporting research and monitoring within a reserve that are consistent with the research guidelines developed under subsection (c); or ``(ii) conducting educational, interpretive, or training activities for a reserve that are consistent with the education guidelines developed under subsection (c). ``(2) Terms and conditions.--Financial assistance provided under paragraph (1) shall be subject to such terms and conditions as the Secretary considers necessary or appropriate to protect the interests of the United States, including requiring coastal States to execute suitable title documents setting forth the property interest or interests of the United States in any lands and waters acquired in whole or part with such financial assistance. ``(3) Amount of assistance.--(A) The amount of the financial assistance provided under paragraph (1)(A)(i) with respect to the acquisition of lands and waters, or interests therein, for any one national estuarine reserve may not exceed an amount equal to 50 percent of the costs of the lands, waters, and interests therein. ``(B)(i) Except as provided in clause (ii), the amount of the financial assistance provided under paragraph (1)(A)(ii) and paragraph (1)(B) may not exceed 70 percent of the costs incurred to achieve the purposes described in those paragraphs with respect to a reserve. ``(ii) The amount of financial assistance provided for education and interpretive activities under paragraph (1)(A)(iii) or research and monitoring activities under paragraph (1)(B) may be up to 100 percent of any costs for activities that service the System as a whole, including System-wide monitoring equipment acquisition, data management, and data synthesis; administration and synthesis of System-wide research programs; and graduate research fellowship programs. ``(C) Notwithstanding subparagraphs (A) and (B), financial assistance under this subsection provided from amounts recovered as a result of damage to natural resources located in the coastal zone may be used to pay 100 percent of the costs of activities carried out with the assistance. ``(4) Donations.--(A) The Secretary may-- ``(i) enter into cooperative agreements or contracts with any nonprofit organization established to benefit a reserve, authorizing the organization to solicit donations to carry out projects, other than general administration of the reserve or the System, that are consistent with the purpose of the reserve and the System; and ``(ii) accept donations of funds and services for use in carrying out projects, other than general administration of a reserve or the System, that are consistent with the purpose of the reserve and the System. ``(B) Donations accepted under this paragraph shall be considered as a gift or bequest to or for the use of the United States for carrying out this section. ``(f) Evaluation of System Performance.-- ``(1) In general.--The Secretary shall periodically evaluate the operation and management of each reserve, including coordination with State programs established under section 306, education and interpretive activities, and the research being conducted within the reserve. ``(2) Suspension of financial assistance.--If evaluation under paragraph (1) reveals that the operation and management of the reserve is deficient, or that the research, education, or resource stewardship being conducted within the reserve is not consistent with the guidelines developed under subsection (c), the Secretary may suspend the eligibility of that reserve for financial assistance under subsection (e) until the deficiency or inconsistency is remedied. ``(3) Withdrawal of designation.--The Secretary may withdraw the designation of an estuarine area as a reserve if evaluation under paragraph (1) reveals that-- ``(A) the basis for any one or more of the findings made under subsection (b)(3) regarding that area no longer exists; ``(B) a substantial portion of the research, education, or resource stewardship conducted within the area, over a period of years, has not been consistent with the guidelines developed under subsection (c); or ``(C) the coastal State in which the area is located has not complied with the requirements of any guidelines developed under subsection (c). ``(g) Report.--Every 2 years the Secretary shall report to the Committee on Resources of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate information regarding-- ``(1) the designation of new reserves; ``(2) the expansion of existing reserves; ``(3) the status of the research, education, and resource stewardship program being conducted within the System; and ``(4) a summary of the evaluations made under subsection (f). ``(h) Definitions.--In this section: ``(1) Reserve.--The term `reserve' means a component of the National Estuarine Reserve designated under subsection (a)(3) or (b). ``(2) System.--The term `System' means the National Estuarine Reserve System established by this section.''. (d) Authorization of Appropriations.--Section 318 of such Act (16 U.S.C. 1464) is amended-- (1) in subsection (a) by striking paragraph (2) and inserting the following: ``(2) for grants under section 315-- ``(A) $35,000,000 for fiscal year 2004; ``(B) $36,000,000 for fiscal year 2005; ``(C) $37,000,000 for fiscal year 2006; ``(D) $38,000,000 for fiscal year 2007; and ``(E) $39,000,000 for fiscal year 2008''; and (2) by adding at the end thereof the following: ``(d) Limitation on Grants for Acquisition and Construction for Reserves.--The Secretary shall ensure that of the funds provided under paragraph (2) of subsection (a), no more than $15,000,000 is used for assistance under section 315(e)(1)(A)(i).''.

National Estuarine Reserve System Act of 2003 - Amends the Coastal Zone Management Act of 1972 to rename the National Estuarine Research Reserve System the National Estuarine Reserve System, and designates existing sanctuaries as part of the System.Authorizes the Secretary of Commerce to designate additional areas as part of the System and specifies requirements for such.Authorizes the Secretary to: (1) contract with an organization to solicit donations to carry out projects; and (2) accept such donations of funds and services.

To amend the Coastal Zone Management Act of 1972 to establish the National Estuarine Reserve System, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Government Shutdown Prevention Act of 2011''. SEC. 2. AUTOMATIC CONTINUING APPROPRIATIONS. (a) In General.--Chapter 13 of title 31, United States Code, is amended by inserting after section 1310 the following new section: ``Sec. 1311. Continuing appropriations ``(a)(1) If any appropriation measure for a fiscal year is not enacted before the beginning of such fiscal year or a joint resolution making continuing appropriations is not in effect, there are appropriated such sums as may be necessary to continue any program, project, or activity for which funds were provided in the preceding fiscal year-- ``(A) in the corresponding appropriation Act for such preceding fiscal year; or ``(B) if the corresponding appropriation bill for such preceding fiscal year did not become law, then in a joint resolution making continuing appropriations for such preceding fiscal year. ``(2)(A) Except as provided in subparagraph (B), appropriations and funds made available, and authority granted, for a program, project, or activity for any fiscal year pursuant to this section shall be at a rate of operations not in excess of the lower of-- ``(i) 99 percent of the rate of operations provided for in the regular appropriation Act providing for such program, project, or activity for the preceding fiscal year; ``(ii) in the absence of such an Act, 99 percent of the rate of operations provided for such program, project, or activity pursuant to a joint resolution making continuing appropriations for such preceding fiscal year; ``(iii) 99 percent of the annualized rate of operations provided for in the most recently enacted joint resolution making continuing appropriations for part of that fiscal year or any funding levels established under the provisions of this Act; for the period of three months. For each subsequent three-month period during which this subsection is in effect for that fiscal year, the applicable rate of operations shall be reduced by one percentage point. No 90-day period beginning in a fiscal year shall extend beyond the last day of that fiscal year. ``(B) The total amount of appropriations and funds made available, and authorization granted, for a program, projects, or activity, shall not exceed levels set forth in section 257(c) of the Balanced Budget and Emergency Deficit Control Act of 1985. ``(3) Appropriations and funds made available, and authority granted, for any fiscal year pursuant to this section for a program, project, or activity shall be available for the period beginning with the first day of a lapse in appropriations and ending with the earlier of-- ``(A) the date on which the applicable regular appropriation bill for such fiscal year becomes law (whether or not such law provides for such program, project, or activity) or a continuing resolution making appropriations becomes law, as the case may be; or ``(B) the last day of such fiscal year. ``(b) An appropriation or funds made available, or authority granted, for a program, project, or activity for any fiscal year pursuant to this section shall be subject to the terms and conditions imposed with respect to the appropriation made or funds made available for the preceding fiscal year, or authority granted for such program, project, or activity under current law. ``(c) Appropriations and funds made available, and authority granted, for any program, project, or activity for any fiscal year pursuant to this section shall cover all obligations or expenditures incurred for such program, project, or activity during the portion of such fiscal year for which this section applies to such program, project, or activity. ``(d) Expenditures made for a program, project, or activity for any fiscal year pursuant to this section shall be charged to the applicable appropriation, fund, or authorization whenever a regular appropriation bill or a joint resolution making continuing appropriations until the end of a fiscal year providing for such program, project, or activity for such period becomes law. ``(e) This section shall not apply to a program, project, or activity during a fiscal year if any other provision of law (other than an authorization of appropriations)-- ``(1) makes an appropriation, makes funds available, or grants authority for such program, project, or activity to continue for such period; or ``(2) specifically provides that no appropriation shall be made, no funds shall be made available, or no authority shall be granted for such program, project, or activity to continue for such period.''. (b) Clerical Amendment.--The table of sections of chapter 13 of title 31, United States Code, is amended by inserting after the item relating to section 1310 the following new item: ``1311. Continuing appropriations.''.

Government Shutdown Prevention Act of 2011 - Makes specified provisional (automatic) continuing appropriations in the event that any regular appropriation bill for a fiscal year is not enacted before the beginning of such fiscal year, or a joint resolution making continuing appropriations is not in effect. (Thus prevents a federal government shutdown.)

To amend title 31, United States Code, to provide for automatic continuing resolutions.

SECTION 1. SKI AREA PERMIT RENTAL CHARGE. (a) The Secretary of Agriculture shall charge a rental charge for all ski area permits issued pursuant to section 3 of the National Forest Ski Area Permit Act of 1986 (16 U.S.C. 497b), the Act of March 4, 1915 (38 Stat. 1101, chapter 144; 16 U.S.C. 497), or the 9th through 20th paragraphs under the heading ``SURVEYING THE PUBLIC LANDS'' under the heading ``UNDER THE DEPARTMENT OF THE INTERIOR'' in the Act of June 4, 1897 (30 Stat. 34, chapter 2), on National Forest System lands. Permit rental charges for permits issued pursuant to the National Forest Ski Area Permit Act of 1986 shall be calculated as set forth in subsection (b). Permit rental charges for existing ski area permits issued pursuant to the Act of March 4, 1915, and the Act of June 4, 1897, shall be calculated in accordance with those existing permits: Provided, That a permittee may, at the permittee's option, use the calculation method set forth in subsection (b). (b)(1) The ski area permit rental charge (SAPRC) shall be calculated by adding the permittee's gross revenues from lift ticket/ year-round ski area use pass sales plus revenue from ski school operations (LT+SS) and multiplying such total by the slope transport feet percentage (STFP) on National Forest System land. That amount shall be increased by the gross year-round revenue from ancillary facilities (GRAF) physically located on national forest land, including all permittee or subpermittee lodging, food service, rental shops, parking and other ancillary operations, to determine the adjusted gross revenue (AGR) subject to the permit rental charge. The final rental charge shall be calculated by multiplying the AGR by the following percentages for each revenue bracket and adding the total for each revenue bracket: (A) 1.5 percent of all adjusted gross revenue below $3,000,000; (B) 2.5 percent for adjusted gross revenue between $3,000,000 and $15,000,000; (C) 2.75 percent for adjusted gross revenue between $15,000,000 and $50,000,000; and (D) 4.0 percent for the amount of adjusted gross revenue that exceeds $50,000,000. Utilizing the abbreviations indicated in this subsection the ski area permit fee (SAPF) formula can be simply illustrated as: SAPF=((LT+SS)<greek-e>STFP)+GRAF=AGR; AGR<greek-e>% BRACKETS (2) In cases where ski areas are only partially located on national forest lands, the slope transport feet percentage on national forest land referred to in subsection (b) shall be calculated as generally described in the Forest Service Manual in effect as of January 1, 1992. Revenues from Nordic ski operations shall be included or excluded from the rental charge calculation according to the percentage of trails physically located on national forest land. (3) In order to ensure that the rental charge remains fair and equitable to both the United States and ski area permittees, the adjusted gross revenue figures for each revenue bracket in paragraph (1) shall be adjusted annually by the percent increase or decrease in the national Consumer Price Index for the preceding calendar year. No later than 3 years after the date of enactment of this Act and periodically thereafter the Secretary shall submit to the Committee on Energy and Natural Resources of the United States Senate and the Committee on Resources of the United States House of Representatives a report analyzing whether the ski area permit rental charge legislated by this Act is returning a fair market value rental to the United States together with any recommendations the Secretary may have for modifications of the system. (c) The rental charge set forth in subsection (b) shall be due on June 1 of each year and shall be paid or pre-paid by the permittee on a monthly, quarterly, annual or other schedule as determined appropriate by the Secretary in consultation with the permittee. Unless mutually agreed otherwise by the Secretary and the permittee, the payment or prepayment schedule shall conform to the permittee's schedule in effect prior to enactment of this Act. To reduce costs to the permittee and the Forest Service, the Secretary shall each year provide the permittee with a standardized form and worksheets (including annual rental charge calculation brackets and rates) to be used for rental charge calculation and submitted with the rental charge payment. Information provided on such forms shall be compiled by the Secretary annually and kept in the Office of the Chief, United States Forest Service. (d) The ski area permit rental charge set forth in this section shall become effective on June 1, 1996 and cover receipts retroactive to June 1, 1995: Provided, however, That if a permittee has paid rental charges for the period June 1, 1995, to June 1, 1996, under the graduated rate rental charge system formula in effect prior to the date of enactment of this Act, such rental charges shall be credited toward the new rental charge due on June 1, 1996. In order to ensure increasing rental charge receipt levels to the United States during transition from the graduated rate rental charge system formula of this Act, the rental charge paid by any individual permittee shall be-- (1) for the 1995-1996 permit year, either the rental charge paid for the preceding 1994-1995 base year or the rental charge calculated pursuant to this Act, whichever is higher; (2) for the 1996-1997 permit year, either the rental charge paid for the 1994-1995 base year or the rental charge calculated pursuant to this Act, whichever is higher; (3) for the 1997-1998 permit year, either the rental charge for the 1994-1995 base year or the rental charge calculated pursuant to this Act, whichever is higher. If an individual permittee's adjusted gross revenue for the 1995-1996, 1996-1997, or 1997-1998 permit years falls more than 10 percent below the 1994-1995 base year, the rental charge paid shall be the rental charge calculated pursuant to this Act. (e) Under no circumstances shall revenue, or subpermittee revenue (other than lift ticket, area use pass, or ski school sales) obtained from operations physically located on non-national forest land be included in the ski area permit rental charge calculation. (f) To reduce administrative costs of ski area permittees and the Forest Service the terms ``revenue'' and ``sales'', as used in this section, shall mean actual income from sales and shall not include sales of operating equipment, refunds, rent paid to the permittee by sublessees, sponsor contributions to special events or any amounts attributable to employee gratuities or employee lift tickets, discounts, or other goods or services (except for bartered goods and complimentary life tickets) for which the permittee does not receive money. (g) In cases where an area of national forest land is under a ski area permit but the permittee does not have revenue or sales qualifying for rental charge payment pursuant to subsection (a), the permittee shall pay an annual minimum rental charge of $2 for each national forest acre under permit or a percentage of appraised land value, as determined appropriate by the Secretary. (h) Where the new rental charge provided for in subsection (b)(1) results in an increase in permit rental charge greater than one half of one percent of the permittee's adjusted gross revenue as determined under subsection (b)(1), the new rental charge shall be phased in over a five year period in a manner providing for increases for approximately equal increments. (i) To reduce federal costs in administering the provisions of this Act, the reissuance of a ski area permit to provide activities similar in nature and amount to the activities provided under the previous permit shall not constitute a major Federal action for the purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.). SEC. 2. WITHDRAWALS. Subject to valid existing rights, all lands located within the boundaries of ski area permits issued prior to, on or after the date of enactment of this Act pursuant to authority of the Act of March 4, 1915 (38 Stat. 1101, chapter 144; 16 U.S.C. 497), and the Act of June 4, 1897, or the National Forest Ski Area Permit Act of 1986 (16 U.S.C. 497b) are hereby and henceforth automatically withdrawn from all forms of appropriation under the mining laws and from disposition under all laws pertaining to mineral and geothermal leasing and all amendments thereto. Such withdrawal shall continue for the full term of the permit and any modification, reissuance, or renewal thereof. Unless the Secretary requests otherwise of the Secretary of the Interior, such withdrawal shall be canceled automatically upon expiration or other termination of the permit and the land automatically restored to all appropriation not otherwise restricted under the public land laws. Passed the House of Representatives April 30, 1996. Attest: ROBIN H. CARLE, Clerk.

Directs the Secretary of Agriculture to charge a rental fee for all ski area permits on National Forest System lands. Establishes a rental charge formula for permits issued pursuant to the National Forest Ski Area Permit Act of 1986. Grants permittees under the Act of March 4, 1915, and the Act of June 4, 1897, the option of using such formula or the calculations pursuant to such Acts. Requires periodic reports regarding such permit formula's return of fair market value rentals to the United States. Withdraws ski areas from the operation of mining and mineral and geothermal leasing laws.

To amend the National Forest Ski Area Permit Act of 1986 to clarify the authorities and duties of the Secretary of Agriculture in issuing ski area permits on National Forest System lands and to withdraw lands within ski area permit boundaries from the operation of the mining and mineral leasing laws.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Project Delivery Improvement Act of 2011''. SEC. 2. FINDINGS. Congress finds that-- (1) in addition to amounts available as of the date of enactment of this Act, the United States needs to expend $20,000,000,000 to maintain the transportation infrastructure of the United States; (2) up to $80,000,000,000 per year in additional spending could be used for projects that would provide positive economic returns; (3) the United States needs at least $255,000,000,000 per year in transportation spending during the 50-year period after the date of enactment of this Act-- (A) to maintain the transportation system of the United States in a state of good repair; and (B) to complete necessary upgrades of that system; (4) transportation spending as of the date of enactment of this Act falls 60 percent short of the amount required; and (5) because revenues deposited in the Highway Trust Fund are declining-- (A) transportation project costs need to be reduced; and (B) regulatory requirements for those projects should be streamlined. SEC. 3. ENVIRONMENTAL REVIEW PROCESS. (a) Use of Proprietary and Experimental Products.--Section 112 of title 23, United States Code, is amended by adding at the end the following: ``(h) Use of Proprietary and Experimental Products.-- Notwithstanding any other provision of this section-- ``(1) a State may use for any highway project 1 or more proprietary, patented, or experimental products selected by the State without competitive bidding or approval by the Secretary; and ``(2) the use by the State of a product described in paragraph (1) for a highway project shall not affect the eligibility of the State or the highway project to receive Federal funds.''. (b) Preservation of Parklands.--Section 138 of title 23, United States Code, is repealed. (c) Participating Agencies.--Section 139 of title 23, United States Code, is amended-- (1) in subsection (c)(5), by striking ``may be'' and inserting ``shall be''; (2) in subsection (d), by striking paragraph (1) and inserting the following: ``(1) In general.--The lead agency shall be responsible for-- ``(A) determining the purpose of and need for a project; and ``(B) inviting and designating participating agencies in accordance with this subsection.''; and (3) in subsection (f)-- (A) in paragraph (1), by striking ``provide an opportunity for involvement by participating agencies and the public in defining'' and inserting ``provide for an opportunity for public comment on the definition of''; (B) in paragraph (2)-- (i) by striking ``Following participation under paragraph (1)'' and inserting the following: ``(A) In general.--After the period of public comment under paragraph (1)''; and (ii) by adding at the end the following: ``(B) Long-range transportation plan.--For a project included in an adopted long-range transportation plan under section 134 or 135, the lead agency may use the purpose and need presented in the plan without further agency collaboration.''; and (C) in paragraph (4), by striking subparagraph (B) and inserting the following: ``(B) Range of alternatives.-- ``(i) In general.--Following participation under paragraph (1), the lead agency shall determine the range of alternatives for consideration in any document which the lead agency is responsible for preparing for the project. ``(ii) Exclusion of alternatives.--The lead agency may exclude from consideration under clause (i) any alternative that, as determined by the lead agency, would not meet the purpose of and need for the project determined under paragraph (1)(A), regardless of whether the alternative would impact the environment to a greater degree than the preferred alternative.''. (d) Limitations on Claims.--Section 139(l) of title 23, United States Code, is amended-- (1) in each of paragraphs (1) and (2), by striking ``180 days'' each place it appears and inserting ``90 days''; and (2) by adding at the end the following: ``(3) Burden of proof.--In any claim described in the first sentence of paragraph (1), the individual or entity bringing the claim shall bear the burden of proving the claim.''. (e) Exclusions; Document Combination.--Section 139 of title 23, United States Code, is amended by adding at the end the following: ``(m) Categorical Exclusions; Document Combination.-- ``(1) Categorical exclusions.-- ``(A) In general.--A highway project carried out within the right-of-way of a Federal-aid highway or a highway funded under section 118(e) shall be considered to be a categorical exclusion under section 771.117(a) of title 23, Code of Federal Regulations (or a successor regulation). ``(B) State authority.--A State may designate or classify a highway project carried out by the State as a categorical exclusion under section 771.117(a) of title 23, Code of Federal Regulations (or a successor regulation). ``(2) Document combination.--To further expedite the environmental review process for a project under this section, the Secretary may combine the final environmental impact statement and the record of decision for the project if a preferred alternative is identified in the environmental impact statement.''. (f) Policy on Lands, Wildlife and Waterfowl Refuges, and Historic Sites; De Minimis Impacts.--Section 303 of title 49, United States Code, is amended-- (1) by striking the section heading and inserting the following: ``Sec. 303. Policy on lands and wildlife and waterfowl refuges''; (2) in subsection (a), by striking ``, wildlife and waterfowl refuges, and historic sites'' and inserting ``and wildlife and waterfowl refuges''; (3) in subsection (c)-- (A) in the matter preceding paragraph (1)-- (i) by striking ``Subject to subsection (d), the Secretary'' and inserting ``The Secretary''; and (ii) by striking ``, or land of an historic site of national, State, or local significance (as determined by the Federal, or local officials having jurisdiction over the park, area, refuge, or site)''; and (B) by striking paragraphs (1) and (2) and inserting the following: ``(1)(A) there is no prudent and feasible alternative to using that land; and ``(B) the program or project includes all practicable planning to minimize harm to the park, recreation area, or wildlife and waterfowl refuge resulting from the use; or ``(2) the Governor of the State, and, if applicable, the mayor or chief executive officer of the city, county, or borough having management responsibility for or ownership of areas or sites described in paragraph (1)(B) agree that the transportation project is the preferred alternative.''; and (4) by striking subsection (d).

Project Delivery Improvement Act of 2011 - Authorizes a state to select without competitive bidding or the approval of the Secretary of Transportation (DOT) one or more proprietary, patented, or experimental products for use in a federal-aid highway project. Declares that state use of such products shall not affect the eligibility of the state or highway project to receive federal funding. Repeals certain parkland preservation requirements prohibiting the Secretary from approving a transportation program or project requiring the use of public park lands unless there is no feasible alternative to the use of such land. Makes the lead agency responsible for determining the purpose of and need for a project. Decreases from 180 days to 90 days after publication in the Federal Register of a notice that a permit, license, or approval for a highway or public transportation capital project is final the deadline for filing a claim seeking judicial review of the permit, license, or approval. Places the burden of proof of the claim on the claimant. Authorizes a state to designate a highway project as a categorical exclusion (that does not involve significant environmental impact). Revises U.S. policy on public lands and wildlife and waterfowl refuges to exclude historic sites. Authorizes the Secretary to approve a transportation program or project (other than a park road or parkway project) requiring the use of a park, recreation area, or wildlife and waterfowl refuge only if the Governor of the state (or mayor or chief executive of the city, county, or borough with management responsibility for or ownership of the area) agrees that such project is the preferred alternative.

A bill to amend titles 23 and 49, United States Code, to streamline the environmental review process for highway projects, and for other purposes.

SECTION 1. REDI CENTER. (a) Authorization.--The Secretary of State is authorized to provide for the participation by the United States in the Regional Emerging Diseases Intervention Center (in this section referred to as ``REDI Center'') in Singapore, as established by the Agreement described in subsection (c). (b) Consultation and Report.-- (1) Consultation.--Prior to the review required under Article 6.3 of the Agreement described in subsection (c), the Secretary shall consult with the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate. (2) Report.--In connection with the submission of the annual congressional budget justification, the Secretary shall report on efforts undertaken at the REDI Center with regard to bioterrorism concerns. (c) Agreement Described.--The Agreement referred to in this section is the Agreement between the Governments of the United States of America and the Republic of Singapore Establishing the Regional Emerging Diseases Intervention Center, done at Singapore, November 22, 2005. SEC. 2. RETENTION OF MEDICAL REIMBURSEMENTS. Section 904 of the Foreign Service Act of 1980 (22 U.S.C. 4084) is amended by adding at the end the following new subsection: ``(g) Reimbursements paid to the Department of State for funding the costs of medical care abroad for employees and eligible family members shall be credited to the currently available applicable appropriation account. Such reimbursements shall be available for obligation and expenditure during the fiscal year in which they are received or for such longer period of time as may be provided in law.''. SEC. 3. ACCOUNTABILITY REVIEW BOARDS. Section 301(a) of the Diplomatic Security Act (22 U.S.C. 4831(a)) is amended-- (1) in paragraph (1), by striking ``paragraph (2)'' and inserting ``paragraphs (2) and (3)''; and (2) by adding at the end the following new paragraph: ``(3) Facilities in afghanistan and iraq.-- ``(A) Limited exemptions from requirement to convene board.--The Secretary of State is not required to convene a Board in the case of an incident that-- ``(i) involves serious injury, loss of life, or significant destruction of property at, or related to, a United States Government mission in Afghanistan or Iraq; and ``(ii) occurs during the period beginning on October 1, 2005, and ending on September 30, 2009. ``(B) Reporting requirements.--In the case of an incident described in subparagraph (A), the Secretary shall-- ``(i) promptly notify the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate of the incident; ``(ii) conduct an inquiry of the incident; and ``(iii) upon completion of the inquiry required by clause (ii), submit to each such Committee a report on the findings and recommendations related to such inquiry and the actions taken with respect to such recommendations.''. SEC. 4. INCREASED LIMITS APPLICABLE TO POST DIFFERENTIALS AND DANGER PAY ALLOWANCES. (a) Repeal of Limited-Scope Effective Date for Previous Increase.-- Subsection (c) of section 591 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2004 (division D of Public Law 108-199) is repealed. (b) Post Differentials.--Section 5925(a) of title 5, United States Code, is amended in the third sentence by striking ``25 percent of the rate of basic pay or, in the case of an employee of the United States Agency for International Development,''. (c) Danger Pay Allowances.--Section 5928 of title 5, United States Code, is amended by striking ``25 percent of the basic pay of the employee or 35 percent of the basic pay of the employee in the case of an employee of the United States Agency for International Development'' both places that it appears and inserting ``35 percent of the basic pay of the employee''. (d) Criteria.--The Secretary of State shall inform the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate of the criteria to be used in determinations of appropriate adjustments in post differentials under section 5925(a) of title 5, United States Code, as amended by subsection (b), and danger pay allowances under section 5928 of title 5, United States Code, as amended by subsection (c). (e) Study and Report.--Not later than two years after the date of the enactment of this Act, the Secretary of State shall conduct a study assessing the effect of the increases in post differentials and danger pay allowances made by the amendments in subsections (b) and (c), respectively, in filling ``hard-to-fill'' positions and shall submit a report of such study to the committees specified in subsection (d) and to the Committee on Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate. SEC. 5. CLARIFICATION OF FOREIGN SERVICE GRIEVANCE BOARD PROCEDURES. Section 1106(8) of the Foreign Service Act of 1980 (22 U.S.C. 4136(8)) is amended in the first sentence-- (1) by inserting ``the involuntary separation of the grievant (other than an involuntary separation for cause under section 610(a)),'' after ``considering''; and (2) by striking ``the grievant or'' and inserting ``the grievant, or''. SEC. 6. PERSONAL SERVICES CONTRACTING PILOT PROGRAM. Section 504(c) of the Foreign Relations Authorization Act, Fiscal Year 2003 (Public Law 107-228) is amended by striking ``December 31, 2005'' and inserting ``December 31, 2006''. SEC. 7. OFFICIAL RESIDENCE EXPENSES. Section 5913 of title 5, United States Code, is amended by adding at the end the following new subsection: ``(c) Funds made available under subsection (b) may be provided in advance to persons eligible to receive reimbursements.''. SEC. 8. COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS EDUCATION BENEFITS. Section 305(a) of the United States International Broadcasting Act of 1994 (22 U.S.C. 6204(a)) is amended by inserting after paragraph (18) the following new paragraph: ``(19)(A) To provide for the payment of primary and secondary school expenses for dependents of personnel stationed in the Commonwealth of the Northern Mariana Islands (CNMI) at a cost not to exceed expenses authorized by the Department of Defense for such schooling for dependents of members of the Armed Forces stationed in the Commonwealth, if the Board determines that schools available in the Commonwealth are unable to provide adequately for the education of the dependents of such personnel. ``(B) To provide transportation for dependents of such personnel between their places of residence and those schools for which expenses are provided under subparagraph (A), if the Board determines that such schools are not accessible by public means of transportation.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(Sec. 1) Authorizes the Secretary of State to provide for U.S. participation in the Regional Emerging Diseases Intervention Center ("REDI Center") in Singapore. Requires the Secretary to: (1) consult with the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate (Committees); and (2) report on REDI Center efforts respecting bioterrorism concerns. (Sec. 2) Amends the Foreign Service Act of 1980 to credit Department of State medical reimbursements to the currently available appropriation account, which shall be available for expenditure during the fiscal year received or longer as may be provided by law. (Sec. 3) Amends the Diplomatic Security Act to authorize the Secretary to not convene an Accountability Review Board to conduct an inquiry for incidents that involve serious injury, loss of life, or significant property destruction at a U.S. mission in Iraq or Afghanistan during the period of October 1, 2005, through September 30, 2009. Requires the Secretary, in the case of such an incident, to: (1) notify the Committees; and (2) investigate the incident and submit a report to such Committees. (Sec. 4) Amends the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2004 to repeal the provision making United States Agency for International Development (USAID) post differential and danger pay increases for employees not in Iraq or Afghanistan subject to the provision of similar pay allowances for Department employees. Increases the maximum post-differential and danger pay allowance for a Foreign Service employee to 35% of base pay. Directs the Secretary to report to the Committees and to the Committee on Government Reform of the House and the Committee on Homeland Security and Governmental Affairs of the Senate respecting such increases' effect on "hard-to-fill" positions. (Sec. 5) Amends the Foreign Service Act of 1980 to authorize the Foreign Service Grievance Board to retain an employee on the payroll while a grievance is being reviewed. (Sec. 6) Amends the Foreign Relations Authorization Act, Fiscal Year 2003 to extend the International Broadcasting Bureau personal services contracting pilot program through December 31, 2006. (Sec. 7) Authorizes the Department to provide in advance funds available for official residence expenses to those persons currently eligible to receive such reimbursement. (Sec. 8) Amends the United States International Broadcasting Act of 1994 to authorize the Broadcasting Board of Governors to pay the primary and secondary education costs of dependents of personnel stationed in the Commonwealth of the Northern Mariana Islands, including certain transportation costs, if the Board determines that the schools available in the Commonwealth are unable to provide an adequate education. Limits such payments to amounts similarly permitted to Department of Defense (DOD) dependents' educational expenses in the Commonwealth.

To provide certain authorities for the Department of State, and for other purposes.

SECTION 1. ESTABLISHMENT. There is established in the legislative branch a commission to be known as the ``Commission on Health Care Savings through Innovative Wireless Technologies'' (in this Act referred to as the ``Commission''). SEC. 2. DUTIES OF COMMISSION. The duties of the Commission shall be the following: (1) Examine the cost savings to the United States health care system, if any, that can be achieved by increasing the use of wireless health information technologies (including technologies related to digital health, mobile health (mHealth), telehealth, telemedicine, e-Care, remote patient monitoring, and the collection of patient-generated health data) by patients, caregivers, and health care providers. (2) Examine existing scientific research studying the medical effectiveness of wireless health information technologies that deliver health care. (3) Examine existing payment models and incentive payment programs that provide Federal financial reimbursement or funding for the use of wireless health information technologies. (4) Examine options for Congress and for appropriate Federal agencies to incentivize and promote innovation and technological advancements in the area of wireless health information technologies. (5) Examine barriers to marketplace entry, whether technical or systemic, that impede efforts by persons and entities to develop new wireless health information technologies and to improve existing wireless health information technologies. (6) Identify appropriate situations for the integration of wireless health information technologies into Federal health care programs, and recommend methods for integrating such technologies into such programs. (7) Develop a proposal based on the findings of its examinations under this section for the establishment, implementation, and financing of a comprehensive program to encourage the further integration of wireless health information technologies into existing Federal health care programs. (8) Develop cost estimate approaches that the Congressional Budget Office can consider utilizing in order to more accurately assess the cost savings that the Federal Government can achieve by increasing the use of wireless health information technologies by patients, caregivers, and health care providers in the United States. SEC. 3. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 19 individuals (such as the individuals described in subsection (b)) who have demonstrated experience or expertise with respect to wireless health information technologies and that are appointed not later than 45 days after the date of the enactment of this Act as follows: (1) Three members appointed by the President. (2) Two members appointed by the Speaker of the House of Representatives. (3) Two members appointed by the minority leader of the House of Representatives. (4) Two members appointed by the majority leader of the Senate. (5) Two members appointed by the minority leader of the Senate. (6) Four members appointed by the Secretary of Health and Human Services. (7) Four members appointed by the Chairman of the Federal Communications Commission. (b) Examples of Individuals.--For purposes of subsection (a), individuals described in this subsection are-- (1) representatives of-- (A) health care providers; (B) group health plans, health insurance coverage offered in the group or individual market, and other third-party payers; (C) health information technology vendors; (D) small businesses or startup companies in the wireless health information technologies industry; (E) major research and academic institutions; and (F) patient advocacy groups; (2) health care professionals; (3) venture capital investors; and (4) individuals who have received health care treatment that included the use of wireless health information technologies and caregivers of such individuals. (c) Prohibition on Federal Officers, Employees, and Members of Congress Serving as Members.--No members appointed under subsection (a) may be officers or employees of the Federal Government or Members of Congress. (d) Terms.--Each member shall be appointed for the life of the Commission. (e) Basic Pay and Travel Expenses.--Members shall serve without pay and without receipt of travel expenses. (f) Quorum.--Nine members of the Commission shall constitute a quorum but a lesser number may hold hearings. (g) Chairperson.--The Chairperson of the Commission shall be elected by the members. (h) Meetings.--The Commission shall meet at the call of the Chairperson and may not meet fewer than nine times. SEC. 4. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS. (a) Director.--The Commission shall have a Director who shall be appointed by the Commission to the extent or in the amounts provided in advance in appropriation Acts, the Director shall be paid at the rate of basic pay for level 4 of the Executive Schedule. (b) Staff.--The Commission may appoint personnel as it considers appropriate. (c) Applicability of Certain Civil Service Laws.--The Director and staff of the Commission shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. (d) Experts and Consultants.--The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (e) Staff of Federal Agencies.--Upon request of the Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. SEC. 5. POWERS OF COMMISSION. (a) Hearings and Sessions.--Subject to rules prescribed by the Commission, the Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (b) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Obtaining Official Data.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Chairperson of the Commission, the head of that department or agency shall furnish that information to the Commission. (d) Gifts, Bequests, and Devises.--To the extent or in the amounts provided in advance in appropriation Acts, the Commission may accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of aiding or facilitating the work of the Commission. Gifts, bequests, or devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall be deposited in the Treasury and shall be available for disbursement upon order of the Commission. (e) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (f) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (g) Contract Authority.--To the extent or in the amounts provided in advance in appropriation Acts, the Commission may contract with and compensate government and private agencies or persons for services, without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). SEC. 6. REPORTS. (a) Interim Reports.--The Commission shall submit to the President, the Congress, and such agencies as the Commission determines to be appropriate an interim report not later than 9 months after the final member is appointed to the Commission and such other interim reports as the Commission considers appropriate. (b) Final Report.--The Commission shall transmit a final report to the President, the Congress, and such agencies as the Commission determines to be appropriate not later than 18 months after the final member is appointed to the Commission. The final report shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for legislation and administrative actions the Commission considers appropriate. SEC. 7. TERMINATION. The Commission shall terminate on the date that is 60 days after submitting its final report pursuant to section 6(b).

Establishes in the legislative branch the Commission on Health Care Savings through Innovative Wireless Technologies, which shall: examine the cost savings to the U.S. health care system that can be achieved by increasing the use of wireless health information technologies by patients, caregivers, and health care providers; examine existing scientific research studying the medical effectiveness of such technologies; examine existing payment models and incentive payment programs that provide federal financial reimbursement or funding for the use of such technologies; examine options for Congress and federal agencies to incentivize and promote innovation and technological advancements in the area of such technologies; examine barriers to marketplace entry that impede efforts to develop new, and improve existing, wireless health information technologies; identify appropriate situations and recommend methods for integrating such technologies into federal health care programs; develop a proposal for a comprehensive program to encourage such integration; develop cost estimate approaches that the Congressional Budget Office (CBO) can use to more accurately assess the cost savings the government can achieve by increasing the use of such technologies by patients, caregivers, and health care providers; and submit an interim report within 9 months and a final report within 18 months after its final member is appointed.

To establish the Commission on Health Care Savings through Innovative Wireless Technologies.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Tampering of Prescription Pills Act of 2013''. SEC. 2. ABUSE-DETERRENT TECHNOLOGY. (a) Definition.--Section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the following: ``(ss) The term `abuse-deterrent drug' means a drug that-- ``(1) contains as an active moiety a controlled substance that has been classified as opium, an opiate, or a derivative thereof, as such terms are defined or used in section 102 of the Controlled Substances Act; ``(2) has been formulated for oral administration; and ``(3)(A) exhibits physicochemical properties (demonstrated by in vitro, in vivo, or other testing, or some combination thereof, as determined appropriate by the Secretary) that make product manipulation significantly more difficult or ineffective in altering the characteristics of the drug for purposes of misuse or abuse when compared to drugs without such properties; or ``(B) contains one or more additional active or inactive ingredients that are intended to deter abuse through potential pharmacological effects, the effectiveness of which has been demonstrated by at least one adequate and well-controlled investigation.''. (b) Required Information in Application for Approval of Brand Name Drugs.--Section 505(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(b)) is amended by adding at the end the following: ``(7) Abuse-deterrent drugs.--If an application submitted under this subsection is potentially subject to refusal under subsection (d)(7), the application shall include such information as the Secretary determines necessary to demonstrate that the application is not subject to such refusal.''. (c) Approval of New Brand Name Drugs.--Section 505(d) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(d)) is amended-- (1) by inserting ``(7)(A) such drug has been formulated for oral administration; (B) such drug contains as an active moiety a controlled substance that has been classified as opium, an opiate, or a derivative thereof, as such terms are defined or used in section 102 of the Controlled Substances Act; (C) such drug is not an abuse-deterrent drug; and (D) the Secretary has previously approved pursuant to an application submitted under subsection (b) or (j) a drug that (i) contains the same active moiety; (ii) is an abuse-deterrent drug, and (iii) has not been discontinued from marketing; or'' after ``(6) the application failed to contain the patent information prescribed by subsection (b); or''; (2) by striking ``(7) based on fair'' and inserting ``(8) based on fair''; (3) by striking ``clauses (1) through (6)'' and inserting ``paragraphs (1) through (7)''; and (4) by inserting ``The Secretary may issue an order approving an application, even if paragraph (7) applies, upon a finding that paragraphs (1) through (6) and paragraph (8) do not apply and that such approval is necessary either to prevent or alleviate a drug shortage or to otherwise address a significant unmet public health need.'' before ``As used in this subsection and subsection (e)''. (d) Generic Drugs.--Section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)) is amended-- (1) in paragraph (2)-- (A) subparagraph (A)-- (i) in clause (vii), by striking ``and'' at the end; (ii) in clause (viii), by striking the period at the end and inserting ``; and''; (iii) by inserting after clause (viii) the following: ``(ix) if the listed drug is an abuse-deterrent drug due to its physicochemical properties, information from comparative in vitro, in vivo, or other testing, or some combination thereof, as appropriate based on the type of data submitted for the listed drug, that demonstrates the new drug resists manipulation or the effect of manipulation to a degree at least comparable to the listed drug.''; and (iv) in the continuation text at the end of the subparagraph, by striking ``clauses (i) through (viii)'' and inserting ``clauses (i) through (ix)''; (B) in subparagraph (C)-- (i) in clause (i), by striking ``or'' at the end; (ii) in clause (ii), by striking the period at the end and inserting ``; or''; and (iii) by adding at the end the following: ``(iii) that the listed drug is an abuse-deterrent drug and one or more of the new drug's active moieties differ in any material respect (in amount or otherwise) from those of the listed drug.''; (2) in paragraph (5), by adding at the end the following: ``(G) If a drug has been approved pursuant to an application submitted under paragraph (2), and thereafter the listed drug referred to in the application becomes an abuse-deterrent drug, the drug so approved shall not be considered to be bioequivalent to, or to have the same therapeutic effect as, the listed drug (as described in paragraph (2)(A)(iv)) unless and until the drug so approved has been found by the Secretary to meet the requirements of paragraph (2)(A)(ix).''; and (3) in paragraph (6)-- (A) by striking ``(6) If a drug'' and inserting ``(6)(A) If a drug''; (B) by striking ``(A) for the'' and inserting ``(i) for the''; (C) by striking ``(B) if the'' and inserting ``(ii) if the''; and (D) by adding at the end the following: ``(B) For purposes of this paragraph and paragraph (7)(C), a withdrawal or suspension of a drug formulated for oral administration shall be considered to have been for safety or effectiveness reasons if-- ``(i) the approval of a listed drug, which is not an abuse- deterrent drug, is withdrawn or suspended, or a listed drug, which is not an abuse-deterrent drug, is withdrawn from sale; and ``(ii) the Secretary has previously approved pursuant to an application under subsection (b) a drug that-- ``(I) is in the same dosage form; ``(II) contains the same controlled substance as an active moiety; ``(III) is an abuse-deterrent drug; and ``(IV) has not been discontinued from marketing.''. (e) Withdrawal of Previously Approved Brand Name and Generic Drugs.--Section 505(e) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(e)) is amended-- (1) by inserting ``or (6)(A) the drug contains as an active moiety a controlled substance that has been classified as opium, an opiate, or a derivative thereof, as such terms are defined or used in section 102 of the Controlled Substances Act; (B) the drug is formulated for oral administration; (C) the drug is not an abuse-deterrent drug; and (D) the Secretary has previously approved pursuant to an application submitted under subsection (b) or (j) a drug that contains the same active moiety, is an abuse-deterrent drug, and has not been discontinued from marketing'' before ``: Provided,''; and (2) by adding at the end the following: ``The Secretary may waive the application of paragraph (6) of the first sentence of this subsection in the case of a drug intended for use in a special needs population. In withdrawing (under paragraph (6) of the first sentence of this subsection) the approval of an application with respect to any drug, the Secretary shall, on a case-by-case basis, delay the effective date of such withdrawal for a period deemed sufficient by the Secretary to give the sponsor an opportunity to obtain approval under this section for a formulation of the drug meeting the criteria described in paragraph (2) of the definition of a `abuse-deterrent drug' in section 201(ss).''. (f) Listed Drugs.--Section 505(j)(7) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(7)) is amended by adding at the end the following: ``(D) Beginning 60 days after the date of the enactment of the Stop Tampering of Prescription Pills Act of 2013, the Secretary shall-- ``(i) include in the list under subparagraph (A) a list of each drug or category of drugs which the Secretary has found to be abuse-deterrent drugs; and ``(ii) update the list under subparagraph (A)-- ``(I) to remove from the list of abuse-deterrent drugs any drug the Secretary later determines is not an abuse-deterrent drug; and ``(II) as required by subparagraph (C) to reflect the application of paragraph (6)(B) to drugs that are withdrawn or suspended.''.

Stop Tampering of Prescription Pills Act of 2013 - Amends the Federal Food, Drug, and Cosmetic Act to prescribe new drug application requirements for abuse-deterrent drugs: (1) containing as an active moiety (the part of the drug that makes it work the way it does) a controlled substance classified as opium, an opiate, or a derivative; (2) formulated for oral administration; (3) exhibiting physicochemical properties making them significantly more difficult or ineffective in altering the drug's characteristics for purposes of misuse or abuse; and (4) containing one or more additional ingredients intended to deter abuse through potential pharmacological effects. Requires the Secretary to refuse a new drug application for any new (brand name) drug containing opium, an opiate, or a derivative as an active moiety that is not abuse-deterrent if an abuse-deterrent drug containing the same active moiety has been approved and has not been discontinued from marketing. Authorizes the Secretary to approve an application failing to meet such requirements, however, if approval is necessary to prevent or alleviate a drug shortage or otherwise address a significant unmet public health need. Requires an abbreviated new (generic) drug application for an abuse-deterrent drug to include testing information demonstrating that the generic drug resists manipulation or the effect of manipulation to a degree at least comparable to the listed drug. Authorizes the Secretary to deny approval of a generic application if the listed drug is abuse-deterrent and one or more of the generic drug's active moieties differ in any material respect from those of the listed drug. Declares that an approved generic drug shall not be considered bioequivalent to, or as having the same therapeutic effect as, a listed drug if the listed drug becomes abuse-deterrent unless and until the generic drug demonstrates that it resists manipulation or the effect of manipulation to a degree at least comparable to the listed drug. Prescribes requirements governing when a drug which is not abuse-deterrent may have its approval withdrawn or suspended.

Stop Tampering of Prescription Pills Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Creating Higher Education Affordability Necessary to Compete Economically Act'' or the ``Middle Class CHANCE Act''. SEC. 2. INCREASE IN THE MAXIMUM AMOUNT OF A FEDERAL PELL GRANT. Section 401(b)(7)(C) of the Higher Education Act of 1965 (20 U.S.C. 1070a(b)(7)(C)) is amended-- (1) in clause (i)(I), by striking ``clause (iv)(II)'' and inserting ``clause (v)(II)''; (2) in clause (ii)-- (A) in the heading, by striking ``through 2017- 2018'' and inserting ``and 2015-2016''; (B) in the matter preceding subclause (I), by striking ``through 2017-2018'' and inserting ``and 2015-2016''; and (C) in subclause (I), by striking ``clause (iv)(II)'' and inserting ``clause (v)(II)''; (3) by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively; (4) by inserting after clause (ii) the following: ``(iii) Award year 2016-2017.--For award year 2016-2017, the amount determined under this subparagraph for purposes of subparagraph (B)(iii) shall be equal to-- ``(I) $9,140, reduced by ``(II) the maximum Federal Pell Grant for which a student was eligible, as specified in the last enacted appropriation Act applicable to award year 2016-2017; and ``(III) rounded to the nearest $5.''; and (5) by striking clause (iv), as redesignated by paragraph (3), and inserting the following: ``(iv) Subsequent award years.--For award year 2017-2018 and each subsequent award year, the amount determined under this subparagraph for purposes of subparagraph (B)(iii) shall be equal to-- ``(I) the amount determined under this subparagraph for the preceding award year; increased by ``(II) a percentage equal to the annual adjustment percentage for the award year for which the amount under this subparagraph is being determined; and ``(III) rounded to the nearest $5.''. SEC. 3. YEAR-ROUND FEDERAL PELL GRANT STUDENTS. (a) In General.--Section 401(b) of the Higher Education Act of 1965 (20 U.S.C. 1070a(b)) is amended by adding at the end the following: ``(8)(A) In this paragraph, the term `eligible student' means a student who-- ``(i) has received a Federal Pell Grant for an award year and is enrolled in an eligible program for 1 or more additional payment periods during the same award year that are not otherwise fully covered by the student's Federal Pell Grant; ``(ii) continues to meets all eligibility requirements to receive a Federal Pell Grant under this section; and ``(iii) attends an institution of higher education on average, not less than a half-time basis. ``(B) Notwithstanding any other provision of this subsection, the Secretary shall award an additional Federal Pell Grant to an eligible student for the additional payment periods during an award year that are not otherwise fully covered by the student's Federal Pell Grant for the award year. ``(C) In the case of a student receiving more than one Federal Pell Grant in a single award year under subparagraph (B), the total amount of the Federal Pell Grants awarded to such student for the award year shall not exceed an amount equal to 150 percent of the total maximum Federal Pell Grant for such award year calculated in accordance with paragraph (7)(C)(v)(II). ``(D) Any period of study covered by a Federal Pell Grant awarded under subparagraph (B) shall be included in determining a student's duration limit under subsection (c)(5). ``(9) In any case where an eligible student is receiving a Federal Pell Grant for a payment period that spans 2 award years, the Secretary shall allow the eligible institution in which the student is enrolled to determine the award year to which the additional period shall be assigned.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on July 1, 2015. SEC. 4. PELL GRANT DURATION LIMIT. Section 401(c)(5) of the Higher Education Act of 1965 (20 U.S.C. 1070a(c)(5)) is amended by striking ``12 semesters'' and inserting ``15 semesters'' each place the term appears.

Creating Higher Education Affordability Necessary to Compete Economically Act or the Middle Class CHANCE Act This bill amends title IV (Student Assistance) of the Higher Education Act of 1965 to modify provisions related to the Federal Pell Grant program. Specifically, it increases the maximum Federal Pell Grant award for academic year 2016-2017 and adjusts it in subsequent award years to account for changes in the Consumer Price Index. The bill also increases from one to two the number of Pell Grants an eligible student may receive in a single award year (i.e., it restores year-round Pell Grants). An eligible student is a student who has already received one Pell Grant for an award year and is enrolled in an eligible program for an additional payment period (e.g., a summer term) during the same award year. A student's total amount of Pell Grants must not exceed 150% of the maximum Pell Grant for that award year. Also, any period during which a student receives an additional Pell Grant counts toward that student's lifetime Pell Grant eligibility period. The bill increases from 12 to 15 semesters a student's lifetime Federal Pell Grant eligibility period.

Middle Class CHANCE Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Joseph H. Seall Act of 2007''. SEC. 2. WAIVER OF 5-MONTH WAITING PERIOD FOR BENEFITS BASED ON DISABILITY IN CASES OF TERMINALLY ILL BENEFICIARIES. (a) Disability Insurance Benefits.--Section 223(a) of the Social Security Act (42 U.S.C. 423(a)) is amended by adding at the end the following new paragraph: ``(3) The Commissioner of Social Security may waive the application of the individual's waiting period under clause (i) in the first sentence of paragraph (1) if the Commissioner determines that such individual would otherwise be entitled to disability insurance benefits under this section, that such individual is terminally ill, and that the application of the waiting period would work an undue hardship on such individual (as determined on the basis of criteria established by the Commissioner). In the case of any such waiver granted by the Commissioner with respect to an individual, notwithstanding clauses (i) and (ii) in the first sentence of paragraph (1), the individual shall be entitled to disability insurance benefits for each month, beginning with the first month during all of which such individual is under a disability and in which such individual would become so entitled to such insurance benefits under such sentence but for such waiting period, and ending as provided in paragraph (1). For purposes of this paragraph, an individual is considered to be `terminally ill' if the individual has a medical prognosis that the individual's life expectancy is 6 months or less.''. (b) Widow's Insurance Benefits Based on Disability.--Section 202(e)(5) of such Act (42 U.S.C. 402(e)(5)) is amended by adding at the end the following new subparagraph: ``(C) The Commissioner of Social Security may waive the application of the individual's waiting period under paragraph (1)(F)(i) if the Commissioner determines that she would otherwise be entitled to widow's insurance benefits under this section, that she is terminally ill, and that such application of the waiting period would work an undue hardship on her (as determined on the basis of criteria established by the Commissioner). In the case of any such waiver granted by the Commissioner with respect to an individual, notwithstanding clauses (i) and (ii) of paragraph (1)(F), she shall be entitled to widow's insurance benefits for each month, beginning with the first month during all of which she is under a disability and in which she would become so entitled to such insurance benefits under paragraph (1) but for such waiting period, and ending as provided in paragraph (1). For purposes of this subparagraph, an individual is considered to be `terminally ill' if the individual has a medical prognosis that the individual's life expectancy is 6 months or less.''. (c) Widower's Insurance Benefits Based on Disability.--Section 202(f)(6) of such Act (42 U.S.C. 402(f)(6)) is amended by adding at the end the following new subparagraph: ``(C) The Commissioner of Social Security may waive the application of the individual's waiting period under paragraph (1)(F)(i) if the Commissioner determines that he would otherwise be entitled to widower's insurance benefits under this section, that he is terminally ill, and that such application would work an undue hardship on him (as determined on the basis of criteria established by the Commissioner). In the case of any such waiver granted by the Commissioner with respect to an individual, notwithstanding clauses (i) and (ii) of paragraph (1)(F), he shall be entitled to widower's insurance benefits for each month, beginning with the first month during all of which he is under a disability and in which he would become so entitled to such insurance benefits under paragraph (1) but for such waiting period, and ending as provided in paragraph (1). For purposes of this subparagraph, an individual is considered to be `terminally ill' if the individual has a medical prognosis that the individual's life expectancy is 6 months or less.''. (d) Commencement of Period of Disability.--Section 216(i)(2)(A) of such Act (42 U.S.C. 416(i)(2)(A)) is amended-- (1) by inserting ``(i)'' after ``(2)(A)''; (2) by inserting ``(I)'' after ``but only if''; (3) by inserting ``(II)'' after ``duration or''; and (4) by adding at the end the following new clause: ``(ii) The Commissioner of Social Security may waive the application of the five-month requirement under clause (i)(I) if the Commissioner determines that such individual would otherwise be entitled to a period of disability under this paragraph, that such individual is terminally ill, and that the application of such five- month requirement would work an undue hardship on such individual (as determined on the basis of criteria established by the Commissioner). For purposes of this clause, an individual is considered to be `terminally ill' if the individual has a medical prognosis that the individual's life expectancy is 6 months or less.''. (e) Effective Dates.--The amendments made by subsection (a) shall apply only with respect to benefits under section 223 of the Social Security Act, or under section 202 of such Act on the basis of the wages and self-employment income of an individual entitled to benefits under such section 223, for months beginning after 90 days after the date of the enactment of this Act. The amendments made by subsections (b) and (c) shall apply only with respect to benefits based on disability under subsection (e) or (f) of section 202 of the Social Security Act for months after 90 days after the date of the enactment of this Act. The amendments made by subsection (d) shall apply only with respect to applications for disability determinations filed under title II of the Social Security Act after 90 days after the date of the enactment of this Act. SEC. 3. STUDY REGARDING DISABILITY CLAIMS PROCESSING. (a) In General.--As soon as practicable after the date of the enactment of this Act, the Commissioner of Social Security shall undertake a study regarding the processing of claims for disability insurance benefits under section 223 of the Social Security Act, other benefits based on disability under section 202 of such Act, periods of disability under section 216(i) of such Act, and supplemental security income benefits based on disability under title XVI of such Act. (b) Matters To Be Studied.--In carrying out the study required under subsection (a), the Commissioner shall-- (1) analyze the methods and procedures currently employed in making determinations regarding claims described in subsection (a), including methods and procedures employed by State agencies and the Social Security Administration under section 221 of such Act, and (2) compare such methods and procedures to the methods and procedures currently employed by other Federal and State agencies and disability benefit providers in the private sector regarding claims for disability benefits under programs administered by such agencies and providers. (c) Report.--Not later than 120 days after the date of the enactment of this Act, the Commissioner shall report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate the Commissioner's recommendations regarding possible improvements in the methods and procedures referred to in subsection (b)(1) (including methods and procedures that would expedite the disability determination process as a means of remedying the current backlog in the processing of claims described in subsection (a)) based on the comparisons made pursuant to subsection (b)(2), together with such recommendations for legislative changes as the Commissioner may consider necessary or appropriate to facilitate such improvements.

Joseph H. Seall Act of 2007 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to authorize waivers by the Commissioner of Social Security of the five-month waiting period for entitlement to benefits based on disability in cases in which such waiting period would cause undue hardship to terminally ill benefiaries. Requires the Commissioner to study and report to specified congressional committees on possible improvements in disability claims processing.

To amend title II of the Social Security Act to authorize waivers by the Commissioner of Social Security of the 5-month waiting period for entitlement to benefits based on disability in cases in which the Commissioner determines that such waiting period would cause undue hardship to terminally ill beneficiaries, and to provide for a study by the Commissioner regarding possible improvements in disability claims processing.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Internet Pharmacy Consumer Protection Act'' or the ``Ryan Haight Act''. SEC. 2. INTERNET SALES OF PRESCRIPTION DRUGS. (a) In General.--Chapter 5 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by inserting after section 503A the following section: ``SEC. 503B. INTERNET SALES OF PRESCRIPTION DRUGS. ``(a) Requirements Regarding Information on Internet Site.-- ``(1) In general.--A person may not dispense a prescription drug pursuant to a sale of the drug by such person if-- ``(A) the purchaser of the drug submitted the purchase order for the drug, or conducted any other part of the sales transaction for the drug, through an Internet site; ``(B) the person dispenses the drug to the purchaser by mailing or shipping the drug to the purchaser; and ``(C) such site, or any other Internet site used by such person for purposes of sales of a prescription drug, fails to meet each of the requirements specified in paragraph (2), other than a site or pages on a site that-- ``(i) are not intended to be accessed by purchasers or prospective purchasers; or ``(ii) provide an Internet information location tool within the meaning of section 231(e)(5) of the Communications Act of 1934 (47 U.S.C. 231(e)(5)). ``(2) Requirements.--With respect to an Internet site, the requirements referred to in subparagraph (C) of paragraph (1) for a person to whom such paragraph applies are as follows: ``(A) Each page of the site shall include either the following information or a link to a page that provides the following information: ``(i) The name of such person. ``(ii) Each State in which the person is authorized by law to dispense prescription drugs. ``(iii) The address and telephone number of each place of business of the person with respect to sales of prescription drugs through the Internet, other than a place of business that does not mail or ship prescription drugs to purchasers. ``(iv) The name of each individual who serves as a pharmacist for prescription drugs that are mailed or shipped pursuant to the site, and each State in which the individual is authorized by law to dispense prescription drugs. ``(v) If the person provides for medical consultations through the site for purposes of providing prescriptions, the name of each individual who provides such consultations; each State in which the individual is licensed or otherwise authorized by law to provide such consultations or practice medicine; and the type or types of health professions for which the individual holds such licenses or other authorizations. ``(B) A link to which paragraph (1) applies shall be displayed in a clear and prominent place and manner, and shall include in the caption for the link the words `licensing and contact information'. ``(b) Internet Sales Without Appropriate Medical Relationships.-- ``(1) In general.--Except as provided in paragraph (2), a person may not dispense a prescription drug, or sell such a drug, if-- ``(A) for purposes of such dispensing or sale, the purchaser communicated with the person through the Internet; ``(B) the patient for whom the drug was dispensed or purchased did not, when such communications began, have a prescription for the drug that is valid in the United States; ``(C) pursuant to such communications, the person provided for the involvement of a practitioner, or an individual represented by the person as a practitioner, and the practitioner or such individual issued a prescription for the drug that was purchased; ``(D) the person knew, or had reason to know, that the practitioner or the individual referred to in subparagraph (C) did not, when issuing the prescription, have a qualifying medical relationship with the patient; and ``(E) the person received payment for the dispensing or sale of the drug. For purposes of subparagraph (E), payment is received if money or other valuable consideration is received. ``(2) Exceptions.--Paragraph (1) does not apply to-- ``(A) the dispensing or selling of a prescription drug pursuant to telemedicine practices sponsored by-- ``(i) a hospital that has in effect a provider agreement under title XVIII of the Social Security Act (relating to the Medicare program); or ``(ii) a group practice that has not fewer than 100 physicians who have in effect provider agreements under such title; or ``(B) the dispensing or selling of a prescription drug pursuant to practices that promote the public health, as determined by the Secretary by regulation. ``(3) Qualifying medical relationship.-- ``(A) In general.--With respect to issuing a prescription for a drug for a patient, a practitioner has a qualifying medical relationship with the patient for purposes of this section if-- ``(i) at least one in-person medical evaluation of the patient has been conducted by the practitioner; or ``(ii) the practitioner conducts a medical evaluation of the patient as a covering practitioner. ``(B) In-person medical evaluation.--A medical evaluation by a practitioner is an in-person medical evaluation for purposes of this section if the practitioner is in the physical presence of the patient as part of conducting the evaluation, without regard to whether portions of the evaluation are conducted by other health professionals. ``(C) Covering practitioner.--With respect to a patient, a practitioner is a covering practitioner for purposes of this section if the practitioner conducts a medical evaluation of the patient at the request of a practitioner who has conducted at least one in-person medical evaluation of the patient and is temporarily unavailable to conduct the evaluation of the patient. A practitioner is a covering practitioner without regard to whether the practitioner has conducted any in-person medical evaluation of the patient involved. ``(4) Rules of construction.-- ``(A) Individuals represented as practitioners.--A person who is not a practitioner (as defined in subsection (d)(1)) lacks legal capacity under this section to have a qualifying medical relationship with any patient. ``(B) Standard practice of pharmacy.--Paragraph (1) may not be construed as prohibiting any conduct that is a standard practice in the practice of pharmacy. ``(C) Applicability of requirements.--Paragraph (3) may not be construed as having any applicability beyond this section, and does not affect any State law, or interpretation of State law, concerning the practice of medicine. ``(c) Actions by States.-- ``(1) In general.--Whenever an attorney general of any State has reason to believe that the interests of the residents of that State have been or are being threatened or adversely affected because any person has engaged or is engaging in a pattern or practice that violates section 301(l), the State may bring a civil action on behalf of its residents in an appropriate district court of the United States to enjoin such practice, to enforce compliance with such section (including a nationwide injunction), to obtain damages, restitution, or other compensation on behalf of residents of such State, to obtain reasonable attorneys fees and costs if the State prevails in the civil action, or to obtain such further and other relief as the court may deem appropriate. ``(2) Notice.--The State shall serve prior written notice of any civil action under paragraph (1) or (5)(B) upon the Secretary and provide the Secretary with a copy of its complaint, except that if it is not feasible for the State to provide such prior notice, the State shall serve such notice immediately upon instituting such action. Upon receiving a notice respecting a civil action, the Secretary shall have the right-- ``(A) to intervene in such action; ``(B) upon so intervening, to be heard on all matters arising therein; and ``(C) to file petitions for appeal. ``(3) Construction.--For purposes of bringing any civil action under paragraph (1), nothing in this chapter shall prevent an attorney general of a State from exercising the powers conferred on the attorney general by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. ``(4) Venue; service of process.--Any civil action brought under paragraph (1) in a district court of the United States may be brought in the district in which the defendant is found, is an inhabitant, or transacts business or wherever venue is proper under section 1391 of title 28, United States Code. Process in such an action may be served in any district in which the defendant is an inhabitant or in which the defendant may be found. ``(5) Actions by other state officials.-- ``(A) Nothing contained in this section shall prohibit an authorized State official from proceeding in State court on the basis of an alleged violation of any civil or criminal statute of such State. ``(B) In addition to actions brought by an attorney general of a State under paragraph (1), such an action may be brought by officers of such State who are authorized by the State to bring actions in such State on behalf of its residents. ``(d) General Definitions.--For purposes of this section: ``(1) The term `practitioner' means a practitioner referred to in section 503(b)(1) with respect to issuing a written or oral prescription. ``(2) The term `prescription drug' means a drug that is subject to section 503(b)(1). ``(3) The term `qualifying medical relationship', with respect to a practitioner and a patient, has the meaning indicated for such term in subsection (b). ``(e) Internet-Related Definitions.-- ``(1) In general.--For purposes of this section: ``(A) The term `Internet' means collectively the myriad of computer and telecommunications facilities, including equipment and operating software, which comprise the interconnected world-wide network of networks that employ the transmission control protocol/ internet protocol, or any predecessor or successor protocols to such protocol, to communicate information of all kinds by wire or radio. ``(B) The term `link', with respect to the Internet, means one or more letters, words, numbers, symbols, or graphic items that appear on a page of an Internet site for the purpose of serving, when activated, as a method for executing an electronic command-- ``(i) to move from viewing one portion of a page on such site to another portion of the page; ``(ii) to move from viewing one page on such site to another page on such site; or ``(iii) to move from viewing a page on one Internet site to a page on another Internet site. ``(C) The term `page', with respect to the Internet, means a document or other file accessed at an Internet site. ``(D)(i) The terms `site' and `address', with respect to the Internet, mean a specific location on the Internet that is determined by Internet Protocol numbers. Such term includes the domain name, if any. ``(ii) The term `domain name' means a method of representing an Internet address without direct reference to the Internet Protocol numbers for the address, including methods that use designations such as `.com', `.edu', `.gov', `.net', or `.org'. ``(iii) The term `Internet Protocol numbers' includes any successor protocol for determining a specific location on the Internet. ``(2) Authority of secretary.--The Secretary may by regulation modify any definition under paragraph (1) to take into account changes in technology. ``(f) Interactive Computer Service; Advertising.--No provider of an interactive computer service, as defined in section 230(f)(2) of the Communications Act of 1934 (47 U.S.C. 230(f)(2)), or of advertising services shall be liable under this section for dispensing or selling prescription drugs in violation of this section on account of another person's selling or dispensing such drugs, provided that the provider of the interactive computer service or of advertising services does not own or exercise corporate control over such person.''. (b) Inclusion as Prohibited Act.--Section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amended by inserting after paragraph (k) the following: ``(l) The dispensing or selling of a prescription drug in violation of section 503B.''. (c) Internet Sales of Prescription Drugs; Consideration by Secretary of Practices and Procedures for Certification of Legitimate Businesses.--In carrying out section 503B of the Federal Food, Drug, and Cosmetic Act (as added by subsection (a) of this section), the Secretary of Health and Human Services shall take into consideration the practices and procedures of public or private entities that certify that businesses selling prescription drugs through Internet sites are legitimate businesses, including practices and procedures regarding disclosure formats and verification programs. (d) Reports Regarding Internet-Related Violations of State and Federal Laws on Dispensing of Drugs.-- (1) In general.--The Secretary of Health and Human Services (referred to in this subsection as the ``Secretary'') shall, pursuant to the submission of an application meeting the criteria of the Secretary, make an award of a grant or contract to the National Clearinghouse on Internet Prescribing (operated by the Federation of State Medical Boards) for the purpose of-- (A) identifying Internet sites that appear to be in violation of State or Federal laws concerning the dispensing of drugs; (B) reporting such sites to State medical licensing boards and State pharmacy licensing boards, and to the Attorney General and the Secretary, for further investigation; and (C) submitting, for each fiscal year for which the award under this subsection is made, a report to the Secretary describing investigations undertaken with respect to violations described in subparagraph (A). (2) Authorization of appropriations.--For the purpose of carrying out paragraph (1), there is authorized to be appropriated $100,000 for each of the fiscal years 2005 through 2007. (e) Effective Date.--The amendments made by subsections (a) and (b) take effect upon the expiration of the 60-day period beginning on the date of the enactment of this Act, without regard to whether a final rule to implement such amendments has been promulgated by the Secretary of Health and Human Services under section 701(a) of the Federal Food, Drug, and Cosmetic Act. The preceding sentence may not be construed as affecting the authority of such Secretary to promulgate such a final rule.

Internet Pharmacy Consumer Protection Act or the Ryan Haight Act - Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to prohibit any person from dispensing a prescription drug pursuant to a sale if: (1) any part of the transaction is conducted through an Internet site; (2) the person dispenses the drug by mailing or shipping the drug to the purchaser; and (3) such site fails to provide the identities and licensing information of the seller, pharmacists, or medical consultants. Prohibits a person from selling or dispensing a prescription drug if: (1) the purchaser communicated with the person through the Internet; (2) the purchaser did not have a valid prescription when the communication began; (3) the person provided for the involvement of a practitioner; (4) the practitioner issued a prescription for the drug that was purchased; (5) the person knew that no qualifying medical relationship existed (defines "qualifying medical relationship" as requiring an in-person medical evaluation or a medical evaluation as a covering practitioner); and (6) the person received payment. Excludes certain acts involving telemedicine, group practices, and practices that promote the public health. Allows States to bring civil actions against a person for violations of this Act. Prevents Internet providers from being held liable for dispensing or selling prescriptions drugs on account of another person's activities. Includes the dispensing or selling of a prescription drug in violation of this Act as a prohibited act under FFDCA. Requires the Secretary of Health and Human Services to award a grant or contract to the National Clearinghouse on Internet Prescribing to identify and report Internet sites that violate Federal or State laws concerning the dispensing of drugs.

A bill to amend the Federal Food, Drug, and Cosmetic Act with respect to the sale of prescription drugs through the Internet, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Grace Period Restoration Act of 2015''. SEC. 2. FINDINGS; PURPOSES. (a) Findings.--Congress finds the following: (1) Language in the Leahy-Smith America Invents Act (Public Law 112-29; 125 Stat. 284) and regulations and examination guidelines issued by the United States Patent and Trademark Office implementing provisions of that Act have created uncertainty regarding the scope of the 1-year grace period during which an inventor who discloses an invention to the public may decide whether to file a patent application for the invention (referred to in this Act as the ``grace period''). (2) The regulatory reading of the Leahy-Smith America Invents Act does not comport with the intent of the sponsors of that Act. (3) In performing more than 50 percent of all basic research in the United States and pursuing the transfer of research results to the private sector for the benefit of the public under the auspices of chapter 18 of title 35, United States Code (commonly known as the ``Bayh-Dole Act''), institutions of higher education and government laboratories face a difficult and expensive challenge in gaining and utilizing the full scope of patent rights. (4) The uncertainty relating to the grace period created by the Leahy-Smith America Invents Act adds to the challenge faced by institutions of higher education and government laboratories in gaining and utilizing the full scope of patent rights. (5) Job growth and the creation of start-up companies and small businesses are thwarted by uncertainty as to the scope of the grace period and by the difficulty and expense of gaining and utilizing patent rights, which hinders the economy of the United States and the technological leadership of the United States in a competitive global economy. (6) Ambiguity and uncertainty in statutory text and government regulations breed abusive and expensive patent litigation. (7) Discouragement of scientific research publication-- (A) delays the disclosure of scientific advances to the public; (B) thwarts scientific advances; (C) chills collaborative research activities; and (D) delays, if not denies, the opportunity for the public to realize the benefits of research results. (8) Misappropriation by third parties of disclosed inventions is likely to increase, especially in countries that take advantage of the technological prowess of the United States without appropriately compensating inventors. (9) Secrecy is anathema to-- (A) the maintenance of a viable United States patent system; (B) the constitutional purpose of the United States patent system; and (C) the goal of the United States patent system of promoting scientific progress. (10) In the words of David J. Kappos, who served as the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office during the enactment of the Leahy-Smith America Invents Act, the grace period before the enactment of the Leahy-Smith America Invents Act was ``the gold standard of best practices''. (b) Purposes.--The purposes of this Act are-- (1) to correct the drafting problem in the Leahy-Smith America Invents Act relating to the grace period; and (2) to maintain the position of leadership of the United States in educational, technological, and scientific progress. SEC. 3. DISCLOSURES FOLLOWING A PUBLIC DISCLOSURE OF A CLAIMED INVENTION BY AN INVENTOR. Section 102(b) of title 35, United States Code, is amended by adding at the end the following: ``(3) Disclosures by any person after public disclosure of a claimed invention by an inventor.-- ``(A) Definitions.--In this paragraph-- ``(i) the term `covered person', with respect to a claimed invention, means-- ``(I) the inventor; ``(II) a joint inventor; or ``(III) another who obtained the claimed invention directly or indirectly from the inventor or a joint inventor; and ``(ii) the term `relevant section 112(a) requirements' means the requirements for a specification under section 112(a) other than the requirement to set forth the best mode of carrying out the invention. ``(B) Public disclosure.--A disclosure by any person shall not be prior art to a claimed invention under subsection (a) or section 103 if-- ``(i) the disclosure is made under subsection (a)(1) or effectively filed under subsection (a)(2) 1 year or less before the effective filing date of the claimed invention; and ``(ii) before the disclosure described in clause (i) is made or filed, and 1 year or less before the effective filing date of the claimed invention, the claimed invention is publicly disclosed in a printed publication by a covered person in a manner that satisfies the relevant section 112(a) requirements. ``(C) Determination that public disclosure would have satisfied specification requirements.--In determining under subparagraph (B) whether a claimed invention was publicly disclosed in a printed publication by a covered person in a manner that satisfied the relevant section 112(a) requirements-- ``(i) only the state of the art known on and before the date of the disclosure may be considered; and ``(ii) satisfaction of the relevant section 112(a) requirements may be-- ``(I) established by 1 or more public disclosures in printed publications made by a covered person during the period of 1 year or less between-- ``(aa) the disclosure by the covered person described in subparagraph (B)(ii); and ``(bb) the effective filing date of the claimed invention; and ``(II) supported by statements under declaration or oath relating to the existence and content of the public disclosure or disclosures in printed publications described in subclause (I). ``(D) Presumption of validity.--An applicant for a patent shall present to the Patent and Trademark Office, before the Patent and Trademark Office issues a notice of allowance of the application for the patent, each disclosure under subparagraph (C)(ii)(I) and any statement under subparagraph (C)(ii)(II) in order for the section 112(a) support provided by each such disclosure or statement under subparagraph (C)(ii) to be taken into account under the section 282(a) presumption of validity of an issued patent. ``(E) Certain disclosures not prior art.--A disclosure described in paragraph (1)(A), (2)(A), or (2)(C) shall not be prior art to a claimed invention under this paragraph. ``(F) Procedures.--The Patent and Trademark Office may establish procedures to carry out this paragraph.''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall take effect as if enacted as part of the Leahy-Smith America Invents Act (Public Law 112-29; 125 Stat. 284).

Grace Period Restoration Act of 2015 Amends federal patent law to revise the one-year grace period under the Leahy-Smith America Invents Act (AIA) that prohibits certain pre-filing disclosures made during the year preceding the effective filing date of a claimed invention from being considered prior art that would make the claim ineligible for a patent based on lack of novelty or obvious subject matter grounds. (A disclosure that is prior art generally means that a patent cannot be issued for a claimed invention because the invention was already patented, described in a printed publication, in public use, on sale, available to the public, or described in an issued patent or a previously filed application.) Prohibits an inventor's or any other person's pre-filing disclosure from barring the patentability of certain claims based on lack of novelty or obvious subject matter grounds if, before such disclosure and within the one-year period before the filing date, the claimed invention was already publicly disclosed in a printed publication by the inventor, a joint inventor, or another who obtained the claimed invention from the inventor or a joint inventor. Allows an inventor who discloses an invention in a printed publication in such a manner in the year before filing a patent claim for the invention to remain entitled to the patent, regardless of any subsequent disclosures by third parties. Excludes certain disclosures from being considered prior art under the revised grace period. Requires the amendments made by this Act to take effect as if enacted as part of the AIA.

Grace Period Restoration Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Laboratory Surge Capacity Preparedness Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The Federal Government, through grants provided by the National Institute of Allergy and Infectious Diseases, has invested more than $250,000,000 in the construction of regional biocontainment laboratories (RBLs), a network of 13 university- based Biosafety Level 3 (BSL3) laboratories. Individual university grant recipients have provided additional private matching funds to construct these facilities. (2) These laboratories were established to fulfill 2 functions essential to the Nation's biodefense strategy: (A) To support research for the development of drugs, vaccines and diagnostics for emerging infections and biological threats. (B) To provide surge capacity in support of a public emergency response to acts of bioterrorism and outbreaks of infectious disease. (3) While the Federal Government has provided support for the construction of these facilities, it has not to date provided the operational support required by these laboratories to fulfill their Federal surge capacity mission. (4) Recent bioterrorism exercises conducted by the Department of Homeland Security and the Centers for Disease Control and Prevention have demonstrated that the Federal Government may not have sufficient laboratory surge capacity to adequately respond to a large scale bioterrorism event. (5) Once fully operational, the network of RBLs will be able to collectively provide more than 52,000 square feet of laboratory space within a relatively short period of a declared national bioterror or pandemic emergency. (6) In addition, the RBL network will be able to collectively provide the services of nearly 500 trained personnel, of which more than 230 will have Department of Justice clearance. (7) Each of the RBLs has highly trained and specialized personnel capable of handling select agent pathogens and conducting diagnostic testing, in a secure BSL3 setting that can be ``locked down'' rapidly and discreetly during an act of bioterrorism. Each facility can maintain ``chain of custody'' requirements for specimen processing. (8) All of the RBL facilities were designed with multiple laboratory suites, so that each can handle multiple airborne pathogens simultaneously without the risk for cross- contamination. Additionally, the RBLs can support critical threat assessment research through the combined strengths of some of the world's leading bioterrorism research experts and the development of diverse animal models. (9) The House Homeland Security Appropriations Subcommittee recognized the multi-agency potential of the RBLs by including report language in its fiscal year 2008 appropriations bill calling on the Department of Homeland Security to ``leverage the Federal investment in these facilities''. (10) The Federal Government, through the Department of Homeland Security, should provide funding for the RBL network to preserve this critical homeland security asset and ensure that the Nation has the surge capacity needed to adequately respond to acts of bioterrorism and pandemics. SEC. 3. LABORATORY SURGE CAPACITY. (a) Grants.--The Secretary of Homeland Security shall award grants on a competitive basis to regional biocontainment laboratories for maintaining surge capacity that can be used to respond to acts of bioterrorism or outbreaks of infectious diseases. (b) Amount.--The Secretary shall base the amount of a grant under this section to a regional biocontainment laboratory on the costs incurred by such laboratory that are associated with the provision of surge capacity. (c) Inspections.--The Secretary may award a grant to a regional biocontainment laboratory under this section only if the laboratory agrees to allow the Secretary and other relevant Federal agencies to inspect the facilities of the laboratory. (d) Definitions.--In this section-- (1) The term ``regional biocontainment laboratory'' means any of the 13 regional biocontainment laboratories funded through the National Institute of Allergy and Infectious Diseases. (2) The term ``relevant Federal agency'' means any Federal agency with a role in public emergency response to acts of bioterrorism and outbreaks of infectious diseases. (3) The term ``Secretary'' means the Secretary of Homeland Security. (e) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated-- (1) $21,500,000 for fiscal year 2009; (2) $23,500,000 in fiscal year 2010; and (3) $26,000,000 in fiscal year 2011. SEC. 4. REPORTING. Not later than 6 months after the date of the enactment of this Act, the Secretary of Homeland Security, in consultation with the Secretary of Health and Human Services, shall report to the Congress on-- (1) activities undertaken to integrate the network of regional biocontainment laboratories (as defined in section 3(d)(1)) with the Center for Disease Control and Prevention's laboratory reponse network; and (2) the extent to which additional Biosafety Level 3 (BSL3) laboratories are needed to fulfill the Nation's laboratory surge capacity needs.

Laboratory Surge Capacity Preparedness Act - Directs the Secretary of Homeland Security to award grants to regional biocontainment laboratories for maintaining surge capacity that can be used to respond to acts of bioterrorism or outbreaks of infectious diseases. Authorizes the Secretary to award such a grant only if the laboratory agrees to allow the Secretary and other relevant federal agencies to inspect laboratory facilities. Requires the Secretary to report to Congress on: (1) activities undertaken to integrate the network of regional biocontainment laboratories with the laboratory response network of the Centers for Disease Control and Prevention (CDC); and (2) the extent to which additional Biosafety Level 3 laboratories are needed to fulfill the national's laboratory surge capacity needs.

To authorize the Secretary of Homeland Security to award grants on a competitive basis to regional biocontainment laboratories for maintaining surge capacity that can be used to respond to acts of bioterrorism or outbreaks of infectious diseases, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Peer-Support Specialist Act of 2016''. SEC. 2. REPORT ON BEST PRACTICES FOR PEER-SUPPORT SPECIALIST PROGRAMS, TRAINING, AND CERTIFICATION. (a) In General.--Not later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services shall submit to the Congress and make publicly available a report on best practices and professional standards in States for-- (1) establishing and operating health care programs using peer-support specialists; and (2) training and certifying peer-support specialists. (b) Peer-Support Specialist Defined.--In this subsection, the term ``peer-support specialist'' means an individual who-- (1)(A) uses his or her lived experience of recovery from mental illness or a substance use disorder, plus skills learned in formal training, to facilitate support groups, and to work on a one-on-one basis, with individuals with a serious mental illness or a substance use disorder; (B) has benefitted or is benefitting from mental health or substance use treatment services or supports; (C) provides non-medical services; and (D) performs services only within his or her area of training, expertise, competence, or scope of practice; (2)(A) uses his or her lived experience as the parent or caregiver of an individual with mental illness or a substance use disorder, plus skills learned in formal training, to facilitate support groups, and to work on a one-on-one basis, with individuals with a serious mental illness or a substance use disorder; (B) provides non-medical services; and (C) performs services only within his or her area of training, expertise, competence, or scope of practice; or (3) otherwise meets criteria specified by the Secretary of Health and Human Services for defining a peer-support specialist. (c) Contents.--The report under this subsection shall include information on best practices and standards with regard to the following: (1) Hours of formal work or volunteer experience related to mental health and substance use issues. (2) Types of peer-support specialists used by different health care programs. (3) Types of peer specialist exams required. (4) Code of ethics. (5) Additional training required prior to certification, including in areas such as-- (A) ethics; (B) scope of practice; (C) crisis intervention; (D) State confidentiality laws; (E) Federal privacy protections, including under the Health Insurance Portability and Accountability Act of 1996; and (F) other areas as determined by the Secretary of Health and Human Services. (6) Requirements to explain what, where, when, and how to accurately complete all required documentation activities. (7) Required or recommended skill sets, such as knowledge of-- (A) risk indicators, including individual stressors, triggers, and indicators of escalating symptoms; (B) basic de-escalation techniques; (C) basic suicide prevention concepts and techniques; (D) identifying and responding to trauma; (E) stages of change or recovery; (F) the typical process that should be followed to access or participate in community mental health and related services; (G) effectively working in care teams and facilitating the coordination of services; and (H) supporting individuals in meeting the consumer's recovery goals. (8) Requirements for continuing education. SEC. 3. PEER PROFESSIONAL WORKFORCE DEVELOPMENT GRANT PROGRAM. (a) In General.--For the purposes described in subsection (b), the Secretary of Health and Human Services shall award grants to develop and sustain behavioral health paraprofessional training and education programs, including through tuition support. (b) Purposes.--The purposes of grants under this section are-- (1) to increase the number of behavioral health paraprofessionals, including trained peers, recovery coaches, mental health and addiction specialists, prevention specialists, and pre-masters-level addiction counselors; and (2) to help communities develop the infrastructure to train and certify peers as behavioral health paraprofessionals, including necessary internship hours for credentialing. (c) Eligible Entities.--To be eligible to receive a grant under this section, an entity shall be a community college, training or credentialing program, or other entity the Secretary of Health and Human Services deems appropriate. (d) Geographic Distribution.--In awarding grants under this section, the Secretary of Health and Human Services shall seek to achieve an appropriate national balance in the geographic distribution of such awards. (e) Special Consideration.--In awarding grants under this section, the Secretary of Health and Human Services may give special consideration to proposed and existing programs targeting peer professionals serving youth ages 16 to 25. (f) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $10,000,000 for each of fiscal years 2017 through 2021.

Peer-Support Specialist Act of 2016 This bill requires the Department of Health and Human Services (HHS) to report on and publish best practices and professional standards in states for: (1) establishing and operating health care programs using peer-support specialists, and (2) training and certifying peer-support specialists. HHS must award grants to develop and sustain behavioral health paraprofessional training and education programs, including through tuition support.

Peer-Support Specialist Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Omnibus Transportation Employee Testing Act Amendments of 1995''. SEC. 2. MASS TRANSIT TESTING. Section 5331(b)(1)(A) of title 49, United States Code, is amended to read as follows: ``(b) Testing Program for Mass Transportation Employees.--(1)(A) In the interest of mass transportation safety, the Secretary of Transportation shall prescribe regulations that establish a program requiring mass transportation operations that receive financial assistance under section 5307, 5309, or 5311 of this title or section 103(e)(4) of title 23 to conduct preemployment, reasonable suspicion, random and post-accident testing of mass transportation employees responsible for safety-sensitive functions (as decided by the Secretary) for the use of a controlled substance in violation of law or a United States Government regulation; and to conduct reasonable suspicion, random and post-accident testing of such employees for the use of alcohol in violation of law or a United States Government regulation. The regulations shall permit such operations to conduct preemployment testing of such employees for the use of alcohol.''. SEC. 3. RAILROAD TESTING. Section 20140(b)(1)(A) of title 49, United States Code, is amended to read as follows: ``(A) a railroad carrier to conduct preemployment, reasonable suspicion, random and post-accident testing of all railroad employees responsible for safety-sensitive functions (as decided by the Secretary) for the use of a controlled substance in violation of law or a United States Government regulation; and to conduct reasonable suspicion, random and post-accident testing of such employees for the use of alcohol in violation of law or a United States Government regulation. The regulations shall permit such railroad carriers to conduct preemployment testing of such employees for the use of alcohol; and''. SEC. 4. MOTOR CARRIER TESTING. Section 31306(b)(1)(A) of title 49, United States Code, is amended to read as follows: ``(b) Testing Program for Operators of Commercial Motor Vehicles.-- (1)(A) In the interest of commercial motor vehicle safety, the Secretary of Transportation shall prescribe regulations that establish a program requiring motor carriers to conduct preemployment, reasonable suspicion, random and post-accident testing of operators of commercial motor vehicles for the use of controlled substance in violation of law or a United States Government regulation; and to conduct reasonable suspicion, random and post-accident testing of such operators for the use of alcohol in violation of law or a United States Government regulation. The regulations shall permit such motor carriers to conduct preemployment testing of such employees for the use of alcohol.''. SEC. 5. AVIATION TESTING. (a) Section 45102(a)(1) of title 49, United States Code, is amended to read as follows: ``(a) Program for Employees of Air Carriers and Foreign Air Carriers.--(1) In the interest of aviation safety, the Administrator of the Federal Aviation Administration shall prescribe regulations that establish a program requiring air carriers and foreign air carriers to conduct preemployment, reasonable suspicion, random and post-accident testing of airmen, crewmembers, airport security screening contract personnel, and other air carrier employees responsible for safety- sensitive functions (as decided by the Administrator) for the use of a controlled substance in violation of law or a United States Government regulation; and to conduct reasonable suspicion, random and post- accident testing of airmen, crewmembers, airport security screening contract personnel, and other air carrier employees responsible for safety-sensitive functions (as decided by the Administrator) for the use of alcohol in violation of law or a United States Government regulation. The regulations shall permit air carriers and foreign air carriers to conduct preemployment testing of airmen, crewmembers, airport security screening contract personnel, and other air carrier employees responsible for safety-sensitive functions (as decided by the Administrator) for the use of alcohol.''. (b) Section 45102(b)(1) of title 49, United States Code, is amended to read as follows: ``(b) Program for Employees of the Federal Aviation Administration.--(1) The Administrator shall establish a program of preemployment, reasonable suspicion, random and post-accident testing for the use of a controlled substance in violation of law or a United States Government regulation for employees of the Administration whose duties include responsibility for safety-sensitive functions; and shall establish a program of reasonable suspicion, random and post-accident testing for the use of alcohol in violation of law or a United States Government regulation for such employees. The Administrator may establish a program of preemployment testing for the use of alcohol for such employees.''. SEC. 6. EFFECTIVE DATE. The amendments made by this Act are effective on the date of enactment of the Act.

Omnibus Transportation Employee Testing Act Amendments of 1995 - Amends Federal transportation law to eliminate the requirement for preemployment alcohol testing of: (1) mass transit employees responsible for safety-sensitive functions; (2) railroad employees responsible for safety-sensitive functions; (3) operators of commercial motor vehicles; (4) air carrier employees responsible for safety-sensitive functions; and (5) Federal Aviation Administration employees responsible for safety-sensitive functions. Permits the preemployment testing for the use of alcohol by such employees.

Omnibus Transportation Employee Testing Act Amendments of 1995

SECTION 1. FULFILLING THE POTENTIAL OF WOMEN IN ACADEMIC SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS. (a) Definition of Federal STEM Agency.--In this Act, the term ``Federal STEM agency'' means any Federal agency that is responsible for not less than 2 percent of total Federal research and development funding in science, technology, engineering, and mathematics (referred to in this Act as ``STEM'') to institutions of higher education, according to the most recent data available from the National Science Foundation. (b) Workshops To Enhance Gender Equity in Academic STEM.-- (1) In general.--Not later than 6 months after the date of enactment of this Act, the Secretary of Commerce, in consultation with the Director of the Office of Science and Technology Policy, shall develop a uniform policy for all Federal STEM agencies to carry out a program of workshops that educate program officers, members of grant review panels, and institution of higher education STEM department chairs on how to implement methods that minimize the influence of gender bias in evaluation of Federal research grants and in the related academic advancement of actual and potential recipients of these grants, including hiring, tenure, promotion, and selection for any honor based in part on the recipient's research record. (2) Interagency coordination.--The Secretary of Commerce, in consultation with the Director of the Office of Science and Technology Policy, shall ensure that programs of workshops across the Federal STEM agencies are coordinated and supported jointly as appropriate. As part of this process, the Secretary of Commerce, in consultation with the Director of the Office of Science and Technology Policy, shall ensure that at least 1 workshop is supported every 2 years among the Federal STEM agencies. (3) Organizations eligible to carry out workshops.--Federal STEM agencies may carry out the program of workshops under this subsection by making grants to eligible organizations. In addition to any other organizations made eligible by the Federal STEM agencies, the following organizations are eligible for grants under this subsection: (A) Nonprofit scientific and professional societies and organizations that represent 1 or more STEM disciplines. (B) Nonprofit organizations that have a primary mission or program focus of advancing the participation of women in STEM. (4) Characteristics of workshops.--The workshops shall have the following characteristics: (A) Invitees to workshops shall include at least-- (i) the chairs of departments in the relevant discipline from at least the top 50 institutions of higher education, as determined by the amount of Federal STEM research and development funds obligated to each institution of higher education in the prior year based on data available from the National Science Foundation; (ii) members of any standing research grant review panel appointed by the Federal STEM agencies; and (iii) Federal STEM agency program officers in the relevant discipline, other than program officers that participate in comparable workshops organized and run specifically for that agency's program officers. (B) Activities at the workshops shall include research presentations and interactive discussions or other activities that increase the awareness of the influence of gender bias in the grant-making process and the development of the academic record necessary to qualify as a grant recipient, including recruitment, hiring, tenure review, promotion, and other forms of formal recognition of individual achievement. (C) Research presentations and other workshop programs, as appropriate, shall include a discussion of the unique challenges faced by women who are members of historically underrepresented groups and recommendations for increasing the numbers of women represented in these groups. (5) Report.--Not later than 3 years after the date of enactment of this Act, the Director of the Office of Science and Technology Policy shall transmit to the Secretary of Commerce who shall transmit to the Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report determining-- (A) the effectiveness of the program carried out under this subsection to reduce gender bias towards women engaged in STEM research funded by the Federal Government; (B) any recommendations for improving the workshop evaluation process; (C) the rates of participation by invitees in the workshops authorized under this subsection; and (D) any relevant institutional policy or practice changes implemented by workshop participants. (6) Minimizing costs.--To the extent practicable, workshops shall be held in conjunction with national or regional disciplinary meetings to minimize costs associated with participant travel. (c) Extended Research Grant Support and Interim Technical Support for Caregivers.-- (1) Policies for caregivers.--Not later than 6 months after the date of enactment of this Act, the Secretary of Commerce, in consultation with the Director of the Office of Science and Technology Policy, shall develop a uniform policy to extend the period of grant support for federally funded researchers who have caregiving responsibilities. (2) Report.--Upon developing the policy required under paragraph (1), the Secretary of Commerce, in consultation with the Director of the Office of Science and Technology Policy, shall transmit a copy of the policy to the Committee on Science and Technology of the House of Representatives and to the Committee on Commerce, Science, and Transportation of the Senate. (d) Collection and Reporting of Data on Federal Research Grants.-- (1) In general.--Each Federal STEM agency shall collect standardized annual composite information on demographics for all applications and proposals for STEM research and development grants to institutions of higher education supported by that agency, including-- (A) rank, gender, race, and age; (B) field; (C) award type and budget request; (D) review score; and (E) funding outcome. (2) Reporting of data.-- (A) In general.--The Secretary of Commerce, in consultation with the Director of the Office of Science and Technology Policy, shall establish a policy to ensure uniformity and standardization of collection, transmittal, and reporting of the data required under paragraph (1). (B) Submission.--Not later than 2 years after the date of enactment of this Act, and annually thereafter, each Federal STEM agency shall submit data collected under paragraph (1) to the Director of the National Science Foundation. (C) Responsibilities of the national science foundation.--The Director of the National Science Foundation shall-- (i) be responsible for storing and publishing all of the grant data submitted under subparagraph (B), in conjunction with the biennial report required under section 37 of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885d); and (ii) share such data with the Secretary of Commerce. (e) Collection of Data on Demographics of Faculty.-- (1) Collection of data.--The Director of the National Science Foundation (referred to in this subsection as the ``Director'') shall report, in conjunction with the biennial report required under section 37 of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885d), statistical summary data on the demographics of STEM discipline faculty at institutions of higher education in the United States. At a minimum, the Director shall consider-- (A) the number and percentage of faculty by gender, race, and age; (B) the number and percentage of faculty at each rank, by gender, race, and age; (C) the number and percentage of faculty who are in nontenure-track positions, including teaching and research, by gender, race, and age; (D) the number of faculty who are reviewed for promotion, including tenure, and the percentage of that number who are promoted, by gender, race, and age; (E) faculty years in rank by gender, race, and age; (F) faculty attrition by gender, race, and age; (G) the number and percentage of faculty hired by rank, gender, race, and age; and (H) the number and percentage of faculty in leadership positions, including endowed or named chairs, serving on promotion and tenure committees, by gender, race, and age. (2) Recommendations.--The Director shall solicit input and recommendations from relevant stakeholders, including representatives from institutions of higher education and nonprofit organizations, on the collection of data required under paragraph (1), including the development of standard definitions on the terms and categories to be used in the collection of such data. (3) Report to congress.--Not later than 2 years after the date of enactment of this Act, the Director shall submit a report to Congress on how the National Science Foundation will gather the demographic data on STEM faculty, including-- (A) a description of the data to be reported and the sources of those data; (B) justification for the exclusion of any data described in subparagraph (A); and (C) a list of the definitions for the terms and categories, such as ``faculty'' and ``leadership positions'', to be applied in the reporting of all data described in subparagraph (A).

Defines a "federal STEM agency" as any federal agency responsible for not less than 2% of total federal research and development funding in science, technology, engineering, and mathematics (STEM) to institutions of higher education, according to National Science Foundation (NSF) data. Requires the Director of Office of Science and Technology Policy (OSTP) to develop a policy for federal STEM agencies to carry out a program of workshops that educate program officers, members of grant review panels, and institution of higher education (IHE) STEM department chairs on how to implement methods that minimize the influence of gender bias in the evaluation of federal research grants and in the related academic advancement of the recipients of these grants. Authorizes federal STEM agencies to make grants to eligible organizations to carry out workshops. Requires the Secretary of Commerce to support at least one workshop every two years among the federal STEM agencies. Requires the Director to transmit a report to Congress determining such program's effectiveness. Requires the Secretary to develop a policy to extend research grant support for federally funded researchers who are caregivers. Requires federal STEM agencies to collect specified standardized annual demographic data for all applications and proposals for STEM research and development grants to IHEs. Provides for the publication of such data. Requires NSF to report statistical summary data on the demographics of STEM faculty at IHEs in the United States and report to Congress on how NSF will gather such data.

A bill to promote the potential of women in academic science, technology, engineering, and mathematics.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Disaster Relief and Recovery Development Act of 2009''. SEC. 2. ABILITY TO PROVIDE DISASTER INFORMATION TO INDIVIDUALS WITH LIMITED ENGLISH PROFICIENCY. (a) Study.--The Comptroller General of the United States shall conduct a study on the ability of existing alert and warning systems to provide information relating to disasters to individuals with limited English proficiency. (b) Report.--Not later than one year after the date of enactment of this Act, the Comptroller General shall submit to Congress a report on the results of the study conducted under subsection (a). The report shall include recommendations with respect to any additional resources necessary to adequately provide information relating to disasters to individuals with limited English proficiency. SEC. 3. REVIEW OF REGULATIONS AND POLICIES. (a) In General.--Not later than one year after the date of enactment of this Act, the President shall review regulations and policies relating to Federal disaster assistance to eliminate regulations the President determines are no longer relevant, to harmonize contradictory regulations, and to simplify and expedite disaster recovery and assistance. (b) Report.--Not later than 18 months after the date of enactment of this Act, the President shall transmit to Congress a report describing changes made to regulations as a result of the review required under subsection (a), together with any legislative recommendations relating thereto. SEC. 4. ISSUANCE OF REGULATIONS RELATING TO ELIGIBLE COST. Not later than six months after the date of enactment of this Act, the President shall issue and begin implementation of the regulations required under section 406(e)(3)(C) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(e)(3)(C)) to provide for cost estimation procedures that expedite recovery and to reduce the costs and time for completion of recovery projects through the creation of financial and performance incentives. SEC. 5. USE OF FINANCIAL ASSISTANCE TO DISSEMINATE INFORMATION REGARDING COST-EFFECTIVE MITIGATION TECHNOLOGIES. Section 203(e)(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133(e)(2)) is amended by striking ``10 percent'' and inserting ``15 percent''. SEC. 6. RECOVERY RESPONSIBILITIES. (a) Functions of Federal Coordinating Officer.--Section 302(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5143(b)) is amended-- (1) in paragraph (3) by striking ``and'' at the end; (2) by redesignating paragraph (4) as paragraph (6); and (3) by inserting after paragraph (3) the following: ``(4) not later than one month after the date of the declaration of a major disaster or emergency, make an initial appraisal of the types of recovery assistance needed; ``(5) coordinate with State government officials the establishment of detailed short-term and long-term recovery plans and methods for implementation of such plans; and''. (b) Emergency Support, Response, and Recovery Teams.--Section 303 of such Act (42 U.S.C. 5144) is amended-- (1) in the section heading by striking ``support and response'' and inserting ``support, response, and recovery''; and (2) by adding at the end the following: ``(c) Emergency Recovery Teams.-- ``(1) Establishment.--In carrying out subsection (a), the President, acting through the Administrator of the Federal Emergency Management Agency, shall establish-- ``(A) at a minimum 3 national recovery teams; ``(B) sufficient regional recovery teams, including Regional Office strike teams under section 507 of the Homeland Security Act of 2002; and ``(C) other recovery teams as may be necessary to meet the incident management responsibilities of the Federal Government. ``(2) Target capability level.--The Administrator shall ensure that specific target capability levels, as defined pursuant to the guidelines established under section 646(a) of the Post-Katrina Emergency Management Reform Act of 2006, are established for Federal emergency recovery teams. ``(3) Personnel.--The President, acting through the Administrator, shall ensure that the Federal emergency recovery teams consist of adequate numbers of properly planned, organized, equipped, trained, and exercised personnel to achieve the established target capability levels. Each emergency recovery team shall work in coordination with State and local officials and onsite personnel associated with a particular incident. ``(4) Readiness reporting.--The Administrator shall evaluate team readiness on a regular basis and report team readiness levels in the report required under section 652(a) of the Post-Katrina Emergency Management Reform Act of 2006.''. SEC. 7. FEDERAL INTERAGENCY DISASTER RECOVERY TASK FORCE. Title III of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5141 et seq.) is amended by adding at the end the following: ``SEC. 327. FEDERAL INTERAGENCY DISASTER RECOVERY TASK FORCE. ``(a) Establishment.--The President shall establish a Federal interagency disaster recovery task force (hereinafter referred to in this section as the `task force') to carry out the following: ``(1) Identify, maintain a catalogue of, and submit to Congress at least twice each year a report describing the Federal programs that may be used to assist in recovery efforts after a major disaster or emergency. ``(2) Ensure communication, before and after major disasters and emergencies, between the Federal departments and agencies determined by the President to administer the Federal programs referred to in paragraph (1). ``(b) Chairperson.--The Administrator of the Federal Emergency Management Agency shall serve as the chairperson of the task force. ``(c) Membership.--The task force shall include a representative of each Federal department and agency determined by the President to administer a program that may be used to assist in recovery efforts after a major disaster or emergency. ``(d) Meeting Frequency.--The task force shall meet at least four times each year.''. SEC. 8. REPAIR, RESTORATION, AND REPLACEMENT OF DAMAGED FACILITIES. Section 406(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(a)) is amended-- (1) in paragraph (4) by striking ``$20,000,000'' and inserting ``$5,000,000''; and (2) by adding at the end the following: ``(5) Contribution status reports.--Not less frequently than every 180 days, the President shall transmit to Congress a report on the status of applications, obligations, and contributions under this section with respect to each major disaster for which, on the date of the transmission of such report, a contribution is eligible to be requested or made under this section.''. SEC. 9. SPECIAL RULE FOR CERTAIN MAJOR DISASTERS. Section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172) is amended by adding at the end the following: ``(f) Special Rule for Certain Major Disasters.-- ``(1) Consolidation of funds.--Notwithstanding subsection (a)(1), if the President determines that there is extensive and widespread damage and destruction resulting from a major disaster, the President may allow a State or local government or a private nonprofit facility, as the case may be, to consolidate contributions received as a lump sum payment to repair, restore, reconstruct, or replace more than one public facility. A State or local government and a private nonprofit facility may choose whether or not to repair, restore, reconstruct, or replace one or more of such facilities after assessing the need for such facilities after such major disaster. ``(2) Federal share.--Notwithstanding subsection (c)(1)(A), the Federal share for a public facility shall be an amount equal to 100 percent of the Federal estimate of the cost of repairing, restoring, reconstructing, or replacing the facilities and of management expenses.''.

Disaster Relief and Recovery Development Act of 2009 - Directs the Comptroller General to conduct a study on the ability of existing alert and warning systems to provide information relating to disasters to individuals with limited English proficiency. Requires the President to: (1) review regulations and policies relating to federal disaster assistance to eliminate regulations that are no longer relevant, to harmonize contradictory regulations, and to simplify and expedite disaster recovery and assistance; and (2) issue and implement regulations required under the Robert T. Stafford Disaster Relief and Emergency Assistance Act to provide procedures for estimating the cost of repairing or replacing a facility damaged or destroyed by a major disaster that expedite recovery and reduce the costs and time for completion of recovery projects through the creation of financial and performance incentives. Amends such Act to: (1) prohibit a state or local government from using more than 15% (currently, 10%) of the financial assistance received by it for implementing approved predisaster hazard mitigation measures for a fiscal year under such Act to fund activities to disseminate information regarding cost-effective mitigation technologies; and (2) require the federal coordinating officer of a major disaster area to make an initial appraisal of the recovery assistance needed within one month after the disaster is declared and to coordinate detailed recovery plans with state officials. Directs the President: (1) in carrying out requirements to form federal emergency support teams for major disaster areas, to establish at least three national recovery teams, sufficient regional recovery teams, including Regional Office strike teams, and other teams as necessary to meet incident management responsibilities; (2) to establish a federal interagency disaster recovery task force to maintain a catalogue of, and ensure communications among, federal programs that may be used to assist in disaster recovery efforts; and (3) to notify specified congressional committees before making any contribution in an amount greater than $5 million (currently, $20 million) for the repair, restoration, and replacement of damaged facilities,. Permits the President, upon determining that there is extensive and widespread damage and destruction resulting from a major disaster, to allow a state or local government or a private nonprofit facility to consolidate contributions received as a lump sum payment to repair, restore, reconstruct, or replace more than one public facility.

To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to improve Federal assistance with respect to disasters, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Market Certainty and Mandate Relief Act''. SEC. 2. COST-SHARING REDUCTION PAYMENTS. (a) In General.-- (1) Appropriations.--There is appropriated to the Secretary of Health and Human Services, out of any funds in the Treasury not otherwise appropriated, such sums as may be necessary for payments for cost-sharing reductions authorized by section 1402 of Public Law 111-148, including through advanced payment of such reductions under section 1412 of such Public Law for plan years 2017, 2018, and 2019 (and including for adjustments to any prior obligations for such payments). (2) Adjustments.--Notwithstanding any other provision of this Act, payments and other actions for adjustments to obligations incurred prior to December 31, 2019, may be made through December 31, 2020. (3) Limitation.--Amounts appropriated under paragraph (1) shall not include payment to an issuer of a qualified health plan that includes coverage of abortion (other than any abortion necessary to save the life of the mother or any abortion with respect to a pregnancy that is the result of an act of rape or incest). (b) Special Rule for Plan Year 2018 Payments.--Section 1402(c) of Public Law 111-148 (42 U.S.C. 18071(c)) is amended-- (1) in paragraph (3)(A), by striking ``An issuer'' and inserting ``Subject to paragraph (6), an issuer''; and (2) by adding at the end the following new paragraph: ``(6) Special rule for plan year 2018 payments.-- ``(A) In general.--The Secretary shall make payments under paragraph (3)(A), including through advanced payment for cost-sharing reduction under section 1412, for plan year 2018 to an issuer of a qualified health plan, subject to subparagraph (C), only if the Secretary determines, based on a certification and appropriate documentation from the issuer and a certification from State regulators, that the premium rates applied under such plan for such plan year were based on the assumption of receiving payments under paragraph (3)(A) for such plan year (including by reason of the plan being offered in a State in which the State regulators instructed issuers of health plans in such State to make such an assumption). ``(B) Recovery of past payments.--If the Secretary makes payments to an issuer of a qualified health plan under paragraph (3)(A) for plan year 2018 and subsequently determines that such issuer increased premium rates for that plan year because the issuer expected, or was instructed by applicable State regulators to expect, that the issuer would not receive such payments (or, in the case of such payments made to an issuer of a qualified health plan for plan year 2018 pursuant to subparagraph (C), determines that such issuer did not reduce premium rates under such plan for such plan year to such rates as described in clause (i)(I) of such subparagraph) the Secretary may reduce payments due to such issuer under paragraph (3)(A) for a subsequent plan year by the amount paid to such issuer under such paragraph for plan year 2018. ``(C) Payments allowed in case of issuers in states providing for premium adjustment process.-- Notwithstanding subparagraph (A), the Secretary may make payments under paragraph (3)(A) for plan year 2018 to an issuer of a qualified health plan not otherwise eligible for such payments pursuant to subparagraph (A) if-- ``(i) the qualified health plan is offered in a State for such plan year for which the State insurance commissioner notifies the Secretary of the Treasury and the Secretary of Health and Human Services of a process provided for in the State under which-- ``(I) issuers of qualified health plans in such State choosing to participate in such process are required to reduce premium rates under such plans for plan year 2018 to the rates that would have been applied under such plans for such plan year had the issuers assumed payments for cost- sharing reductions under such paragraph would be received for such plan year; and ``(II) the State submits to the Secretaries information to verify that the reduction of the premium rate under a qualified health plan offered by an issuer participating under such process satisfies the reduction requirement described in subclause (I); and ``(ii) the issuer of such qualified health plan chooses to participate in such process. ``(D) Reconciliation process.--The Secretary of the Treasury and the Secretary of Health and Human Services shall adjust the methodologies under section 156.430 of title 45, Code of Federal Regulations (as in effect on the date of enactment of the Health Care Market Certainty and Mandate Relief Act), as may be necessary to correct for any overpayments or underpayments made under this section to an issuer in accordance with this paragraph.''. SEC. 3. MORATORIUM ON INDIVIDUAL MANDATE. Section 5000A of the Internal Revenue Code of 1986 is amended-- (1) in subsection (a), by striking ``An applicable'' and inserting ``Except as provided in subsection (h), an applicable''; and (2) by adding at the end the following new subsection: ``(h) Suspension.--This section shall not apply to any month beginning after December 31, 2016, and before January 1, 2022.''. SEC. 4. MORATORIUM ON EMPLOYER MANDATE. Section 4980H of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(e) Suspension.--This section shall not apply to any month beginning after December 31, 2014, and before January 1, 2018.''. SEC. 5. MAXIMUM CONTRIBUTION LIMIT TO HEALTH SAVINGS ACCOUNT INCREASED TO AMOUNT OF DEDUCTIBLE AND OUT-OF-POCKET LIMITATION. (a) In General.--Subsection (b) of section 223 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(9) Increased limitation.--In the case of any month beginning after December 31, 2017, and before January 1, 2023-- ``(A) paragraph (2)(A) shall be applied by substituting `the amount in effect under subsection (c)(2)(A)(ii)(I)' for `$2,250', and ``(B) paragraph (2)(B) shall be applied by substituting `the amount in effect under subsection (c)(2)(A)(ii)(II)' for `$4,500'.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2017.

Health Care Market Certainty and Mandate Relief Act This bill appropriates such sums as necessary to pay through health care plan year 2019 the cost-sharing reductions authorized in the Patient Protection and Affordable Care Act. (A cost-sharing reduction is a discount that lowers the amount an individual pays for deductibles, copayments, and coinsurance; the federal government pays the difference directly to insurers.) The bill excludes payments to insurers that cover abortions other than abortions necessary to save the life of the pregnant woman or abortions of a pregnancy resulting from rape or incest. The bill amends the Internal Revenue Code to suspend for 2017-2021 the individual mandate to maintain minimum health care coverage. The bill suspends the employer health care mandate for 2015-2017, thereby exempting employers from penalties for failing to provide mandated coverage during that time period. The bill increases the monthly contribution limit for health savings accounts through 2022.

Health Care Market Certainty and Mandate Relief Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bosnia-Hercegovina Self-Defense Act of 1993''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) On July 10, 1991, the United States adopted a policy suspending all licenses and other approvals to export or otherwise transfer defense articles and defense services to Yugoslavia. (2) On September 25, 1991, the United Nations Security Council adopted Resolution 713, which imposed a mandatory international embargo on all deliveries of weapons and military equipment to Yugoslavia. (3) The United States considered the policy adopted July 10, 1991, to comply fully with Resolution 713 and therefore took no additional action in response to that resolution. (4) On January 8, 1992, the United Nations Security Council adopted Resolution 727, which decided that the mandatory arms embargo imposed by Resolution 713 should apply to any independent states that might thereafter emerge on the territory of Yugoslavia. (5) On February 29 and March 1, 1992, the people of Bosnia- Hercegovina voted in a referendum to declare independence from Yugoslavia. (6) On April 7, 1992, the United States recognized the Government of Bosnia-Hercegovina. (7) On May 22, 1992, the Government of Bosnia-Hercegovina was admitted to full membership in the United Nations. (8) Consistent with Resolution 727, the United States has continued to apply the policy adopted July 10, 1991, to independent states that have emerged on the territory of the former Yugoslavia, including Bosnia-Hercegovina. (9) Subsequent to the adoption of Resolution 727 and Bosnia-Hercegovina's independence referendum, the siege of Sarajevo began and fighting spread to other areas of Bosnia- Hercegovina. (10) The Government of Serbia intervened directly in the fighting by providing significant military, financial, and political support and direction to Serbian-allied irregular forces in Bosnia-Hercegovina. (11) In statements dated May 1 and May 12, 1992, the Conference on Security and Cooperation in Europe declared that the Government of Serbia and the Serbian-controlled Yugoslav National Army were committing aggression against the Government of Bosnia-Hercegovina and assigned to them prime responsibility for the escalation of bloodshed and destruction. (12) On May 30, 1992, the United Nations Security Council adopted Resolution 757, which condemned the Government of Serbia for its continued failure to respect the territorial integrity of Bosnia-Hercegovina. (13) Serbian-allied irregular forces have, over the last year, occupied approximately 70 percent of the territory of Bosnia-Hercegovina, committed gross violations of human rights in the areas they have occupied, and established a secessionist government committed to eventual unification with Serbia. (14) The military and other support and direction provided to Serbian-allied irregular forces in Bosnia-Hercegovina constitutes an armed attack on the Government of Bosnia- Hercegovina by the Government of Serbia within the meaning of Article 51 of the United Nations Charter. (15) Under Article 51, the Government of Bosnia- Hercegovina, as a member of the United Nations, has an inherent right of individual or collective self-defense against the armed attack from the Government of Serbia until the United Nations Security Council has taken measures necessary to maintain international peace and security. (16) The measures taken by the United Nations Security Council in response to the armed attack on Bosnia-Hercegovina have not been adequate to maintain international peace and security. (17) Bosnia-Hercegovina has been unable successfully to resist the armed attack from Serbia because it lacks the means to counter heavy weaponry that Serbia obtained from the Yugoslav National Army upon the dissolution of Yugoslavia, and because the mandatory international arms embargo has prevented Bosnia-Hercegovina from obtaining from other countries the means to counter such heavy weaponry. (18) On December 18, 1992, with the affirmative vote of the United States, the United Nations General Assembly adopted Resolution 47/121, which urged the United Nations Security Council to exempt Bosnia-Hercegovina from the mandatory arms embargo imposed by Resolution 713. (19) In the absence of adequate measures to maintain international peace and security, continued application to the Government of Bosnia-Hercegovina of the mandatory international arms embargo imposed by the United Nations Security Council prior to the armed attack on Bosnia-Hercegovina undermines that government's right of individual or collective self-defense and therefore contravenes Article 51 of the United Nations Charter. (20) Bosnia-Hercegovina's right of self-defense under Article 51 of the United Nations Charter includes the right to ask for military assistance from other countries and to receive such assistance if offered. SEC. 3. UNITED STATES ARMS EMBARGO OF THE GOVERNMENT OF BOSNIA- HERCEGOVINA. (a) Termination.--The President shall terminate the United States arms embargo of the Government of Bosnia-Hercegovina upon receipt from that government of a request for assistance in exercising its right of self-defense under Article 51 of the United Nations Charter. (b) Definition.--As used in this section, the term ``United States arms embargo of the Government of Bosnia-Hercegovina'' means the application to the Government of Bosnia-Hercegovina of-- (1) the policy adopted July 10, 1991, and published in the Federal Register of July 19, 1991 (58 Fed. Reg. 33322) under the heading ``Suspension of Munitions Export Licenses to Yugoslavia''; and (2) any similar policy being applied by the United States Government as of the date of receipt of the request described in subsection (a) pursuant to which approval is routinely denied for transfers of defense articles and defense services to the former Yugoslavia. SEC. 4. UNITED STATES MILITARY ASSISTANCE FOR BOSNIA-HERCEGOVINA. (a) Policy.--The President should provide appropriate military assistance to the Government of Bosnia-Hercegovina upon receipt from that government of a request for assistance in exercising its right of self-defense under Article 51 of the United Nations Charter. (b) Authorization of Military Assistance.-- (1) Drawdown authority.--If the Government of Bosnia- Hercegovina requests United States assistance in exercising its right of self-defense under Article 51 of the United Nations Charter, the President is authorized to direct the drawdown of defense articles from the stocks of the Department of Defense, defense services of the Department of Defense, and military education and training in order to provide assistance to the Government of Bosnia-Hercegovina. Such assistance shall be provided on such terms and conditions as the President may determine. (2) Limitation on value of transfers.--The aggregate value (as defined in section 664(m) of the Foreign Assistance Act of 1961) of defense articles, defense services, and military education and training provided under this subsection may not exceed $200,000,000. (3) Expiration of authorization.--The authority provided to the President in paragraph (1) expires at the end of fiscal year 1994. (4) Limitation on activities.--Members of the United States Armed Forces who perform defense services or provide military education and training outside the United States under this subsection may not perform any duties of a combatant nature, including any duties related to training and advising that may engage them in combat activities. (5) Reports to congress.--Within 60 days after any exercise of the authority of paragraph (1) and every 60 days thereafter, the President shall report in writing to the Speaker of the House of Representatives and the President pro tempore of the Senate concerning the defense articles, defense services, and military education and training being provided and the use made of such articles, services, and education and training. (6) Reimbursement.--(A) Defense articles, defense services, and military education and training provided under this subsection shall be made available without reimbursement to the Department of Defense except to the extent that funds are appropriated pursuant to subparagraph (B). (B) There are authorized to be appropriated to the President such sums as may be necessary to reimburse the applicable appropriation, fund, or account for the value (as defined in section 664(m) of the Foreign Assistance Act of 1961) of defense articles, defense services, or military education and training provided under this subsection.

Bosnia-Hercegovina Self-Defense Act of 1993 - Directs the President to terminate the U.S. arms embargo of the Government of Bosnia-Hercegovina upon receipt of a request from such government for assistance in exercising its right of self-defense under the United Nations Charter. Authorizes the President to direct the drawdown of defense articles and services and military education and training to provide assistance to Bosnia-Hercegovina if it makes such request. Limits the amount of such assistance. Bars members of the U.S. armed forces who provide such assistance from performing combatant duties outside of the United States. Authorizes appropriations.

Bosnia-Hercegovina Self-Defense Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Flight Attendant Certification Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Federal Aviation Administration requires cabin crew on board all transport category aircraft (20 seats or more) to handle aircraft evacuations and other emergency procedures. (2) Cabin crew are in-flight first responders trained to handle medical emergencies, fires, and security threats. (3) As safety-sensitive employees, cabin crew are tested for drug and alcohol use. (4) Federal regulations limit cabin crew duty time and stipulate mandatory rest periods. (5) A wide disparity in quality and content of training exists from air carrier to air carrier. (6) The Federal Aviation Administration certifies other groups with safety responsibilities under its jurisdiction, including pilots, mechanics, repairmen, dispatchers, and parachute packers. (7) Certification of cabin crew will make the Federal Aviation Administration responsible for ensuring that cabin crew are qualified to perform their safety and security duties. SEC. 3. TRAINING PROGRAMS FOR CABIN CREW. Section 44935 of chapter 449 of part A of subtitle VII of title 49, United States Code, is amended by adding at the end the following: ``(g) Training Standards for Cabin Crew.-- ``(1) In general.--The Administrator shall prescribe standards for cabin crew training and certification. The standards shall include the following: ``(A) Mandatory certification.--All new and existing cabin crew members shall be certified by the Administrator after successful completion of an air carrier's training program, which consists of-- ``(i) initial, indoctrination, and emergency training; ``(ii) air carrier specific training related to aircraft types and operator's certificate; and ``(iii) submission by the air carrier to the Administrator confirming such completion. ``(B) Standardized training.--The Administrator shall be prohibited from granting an air carrier a waiver of cabin crew training requirements or an exemption from any part of such requirements. ``(C) Qualifications.-- ``(i) In general.--To be qualified to receive a cabin crew certificate, a cabin crew member shall-- ``(I) successfully complete the training requirements established by the Administrator, including all initial, indoctrination, emergency, transition, differences, recurrent, and requalification training as described in the applicable regulations; ``(II) successfully complete the cabin security and self-defense training requirements established by the Transportation Security Administrator; and ``(III) successfully perform the assigned duties of a cabin crew member and complete the approved proficiency check, under the supervision of a certified instructor or supervisor, for not less than 5 hours of initial operating experience. ``(ii) Initial operating experience.-- Initial operating experience shall be conducted: ``(I) on an operating flight; ``(II) without decreasing the number of required cabin crew complement on an aircraft; and ``(III) by assigning not more than 2 qualifying cabin crew on a narrow- body aircraft or not more than 4 qualifying cabin crew on a wide-body aircraft. No deviations, exemptions, and waivers from these requirements shall be permitted. ``(D) Contents.--The cabin crew certificate shall-- ``(i) be numbered and recorded by the Administrator of the Federal Aviation Administration; ``(ii) contain the name, address, and description of the individual to whom the certificate is issued; ``(iii) contain the name of the current air carrier employer of the certificate holder; ``(iv) contain terms the Administrator determines are necessary to ensure safety in air commerce, including terms that the certificate shall remain valid unless the Administrator suspends or revokes the certificate; and ``(v) designate the type and model of aircraft on which the certificate holder cabin crew member has successfully completed all Federal Aviation Administration and Transportation Security Administration required training in order to be assigned duties on board such type and model of aircraft. ``(E) Carrier training approval.--Air carrier training programs shall require approval by the Administrator. To assure consistent training and competency, only a FAA headquarters staff position shall be authorized to approved training programs. Principal operations inspectors or other personnel with responsibilities for a particular air carrier or carriers shall not be permitted to issue such approval or permitted to grant exemptions, deviations, or waivers from any approved training requirements used to evaluate air carrier training programs or to determine whether such programs shall be approved. ``(2) Definition.--For purposes of this subsection, the term `cabin crew' means individuals working in an aircraft cabin on board a transport category aircraft with 20 or more seats.''.

Flight Attendant Certification Act - Amends Federal taransportation law to require the Administrator of the Federal Aviation Administration to prescribe standards for cabin crew training and certification for individuals working in an aircraft cabin on board a transport category aircraft with twenty or more seats. Requires all new and existing cabin crew members to be certified by the Administrator after successful completion of an air carrier's training program consisting of: (1) initial, indoctrination, and emergency training; (2) air carrier specific training related to aircraft types and operator's certificate; and (3) submission by the air carrier to the Administrator confirming such completion. Declares that the Administrator shall be prohibited from granting an air carrier a waiver of cabin crew training requirements or an exemption from any part of such requirements. Requires a cabin crew member, to qualify for a cabin crew certificate, to successfully: (1) complete the training requirements established by the Administrator, including all initial, indoctrination, emergency, transition, differences, recurrent, and requalification training; (2) complete the cabin security and self-defense training requirements established by the Transportation Security Administrator; and (3) perform the assigned duties of a cabin crew member and complete the approved proficiency check, under the supervision of a certified instructor or supervisor, for not less than five hours of initial operating experience. Requires air carrier training programs to receive the Administrator's approval.

To amend title 49, United States Code, to improve the training requirements for and require the certification of cabin crew members, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Miscellaneous Maritime Transportation Amendments Act of 2016''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--POSITION, NAVIGATION, AND TIMING Sec. 101. Short title. Sec. 102. Backup global positioning system. TITLE II--OTHER MATTERS Sec. 201. Deadline for compliance with alternate safety compliance program. Sec. 202. Oil spill disbursements auditing and report. Sec. 203. Vessel ``Apollonia''. Sec. 204. Reimbursement for non-Federal construction costs of certain aids to navigation. TITLE I--POSITION, NAVIGATION, AND TIMING SEC. 101. SHORT TITLE. This title may be cited as the ``National Positioning, Navigation, and Timing Resilience and Security Act of 2016''. SEC. 102. BACKUP GLOBAL POSITIONING SYSTEM. (a) In General.--Subtitle VIII of title 46, United States Code, is amended by adding at the end the following: ``CHAPTER 807--POSITION, NAVIGATION, AND TIMING ``Sec. ``80701. Land-based complementary and backup system. ``Sec. 80701. Land-based complementary and backup system ``(a) In General.--Subject to the availability of appropriations, the Commandant of the Coast Guard, in consultation with the Secretary of Transportation, shall provide for the establishment, sustainment, and operation of a reliable land-based positioning, navigation, and timing system to provide a complement to and backup for the Global Positioning System (in this section referred to as `GPS') to ensure the availability of uncorrupted and nondegraded positioning, navigation, and timing signals for military and civilian users in the event that GPS signals are corrupted, degraded, unreliable, or otherwise unavailable. ``(b) Requirements.--The system established under subsection (a) shall-- ``(1) be wireless; ``(2) be terrestrial; ``(3) provide wide-area coverage; ``(4) deliver a precise, high-power 100 kilohertz signal; ``(5) be synchronized with coordinated universal time; ``(6) be resilient and extremely difficult to disrupt or degrade; ``(7) be able to penetrate underground and inside buildings; ``(8) be capable of ready deployment to remote locations; ``(9) take full advantage of the infrastructure of the existing, unused Government long-range navigation system (commonly known as `LORAN'); ``(10) incorporate the expertise of the private sector with respect to development, building, and operation; ``(11) work in concert with and complement any other similar positioning, navigation, and timing systems, including enhanced long-range navigation systems; ``(12) be available for use by Federal and non-Federal government agencies for public purposes at no cost; and ``(13) incorporate such other requirements determined necessary by the Commandant. ``(c) Implementation Date.--Not later than 180 days after the date of enactment of this section, the Commandant of the Coast Guard, in consultation with the Secretary of Transportation, shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a plan to ensure that the system required under this section is fully operational not later than 3 years after such date of enactment.''. (b) Clerical Amendment.--The analysis for subtitle VIII of title 46, United States Code, is amended by adding after the item relating to chapter 805 the following: ``807. Position, Navigation, and Timing..................... 80701''. TITLE II--OTHER MATTERS SEC. 201. DEADLINE FOR COMPLIANCE WITH ALTERNATE SAFETY COMPLIANCE PROGRAM. Section 4503(d)(1) of title 46, United States Code, is amended by striking ``After January 1, 2020,'' and all that follows through ``the Secretary,'' and inserting ``For each of fishing vessels, fish processing vessels, and fish tender vessels, after the later of January 1, 2020, or the end of the 3-year period beginning on the date on which the Secretary prescribes an alternate safety compliance program developed in cooperation with the commercial fishing industry for such a vessel, such a vessel shall comply with the applicable alternate safety compliance program''. SEC. 202. OIL SPILL DISBURSEMENTS AUDITING AND REPORT. Section 1012 of the Oil Pollution Act of 1990 (33 U.S.C. 2712) is amended-- (1) by repealing subsection (g); (2) in subsection (l)(1), by striking ``Within one year after the date of enactment of the Coast Guard Authorization Act of 2010, and annually thereafter,'' and inserting ``Each year, on the date on which the President submits to Congress a budget under section 1105 of title 31, United States Code,''; and (3) by amending subsection (l)(2) to read as follows: ``(2) Contents.--The report shall include-- ``(A) a list of each disbursement of $500,000 or more from the Fund in the preceding fiscal year, including disbursements to Federal agencies; ``(B) a list of each disbursement of $500,000 or more from the Fund in the fiscal year preceding the preceding fiscal year that has not been reimbursed by a responsible party; and ``(C) a description of how each use of the Fund described in subparagraph (A) or (B) meets the requirements of subsection (a).''. SEC. 203. VESSEL ``APOLLONIA''. Notwithstanding any other provision of law, the Secretary of the department in which the Coast Guard is operating shall issue a certificate of documentation with a coastwise endorsement for the vessel Apollonia (United States official number 1266527). SEC. 204. REIMBURSEMENT FOR NON-FEDERAL CONSTRUCTION COSTS OF CERTAIN AIDS TO NAVIGATION. (a) In General.--Subject to the availability of appropriations and in accordance with this section, the Commandant of the Coast Guard may reimburse a non-Federal entity for costs incurred by the entity for a covered project. (b) Conditions.--The Commandant may not provide reimbursement under subsection (a) with respect to a covered project unless-- (1) the need for the project is a result of the completion of construction with respect to a federally authorized navigation channel; (2) the Commandant determines, through an appropriate navigation safety analysis, that the project is necessary to ensure safe marine transportation; (3) the Commandant approves the design of the project to ensure that it meets all applicable Coast Guard aid to navigation standards and requirements; (4) the non-Federal entity agrees to transfer the project upon completion to the Coast Guard to be operated and maintained by the Coast Guard as a Federal aid to navigation; (5) all permits required for the project under Federal and State law have been issued; and (6) the Commandant determines that the project satisfies such additional requirements as may be established by the Commandant. (c) Limitations.--Reimbursements under subsection (a) may not exceed the following: (1) For a single covered project, $5,000,000. (2) For all covered projects in a single fiscal year, $5,000,000. (d) Expiration.--The authority granted under this section shall expire on the date that is 4 years after the date of enactment of this section. (e) Covered Project Defined.--In this section, the term ``covered project'' means a project carried out by a non-Federal entity to construct and establish an aid to navigation that facilitates safe and efficient marine transportation on a federally authorized navigation channel.

Miscellaneous Maritime Transportation Amendments Act of 2016 National Positioning, Navigation, and Timing Resilience and Security Act of 2016 This bill directs the U.S. Coast Guard to develop a land-based system to backup its Global Position System (GPS). The bill revises the deadline for when certain fishing vessels must be in compliance with the alternate safety compliance program. Additionally, the Coast Guard is authorized to reimburse private entities for costs incurred to construct and establish an aid to navigation.

Miscellaneous Maritime Transportation Amendments Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Texas Band of Kickapoo Act Amendments''. SEC. 2. FINDINGS. Congress finds the following: (1) The Texas Band of Kickapoo is a subgroup of the Kickapoo Tribe of Oklahoma whose ancestors were forced to migrate from their ancestral lands in the Midwestern United States to lands now within the boundaries of Mexico and the States of Oklahoma and Texas. (2) The migratory nature of the Kickapoos, which required their frequent travel between Oklahoma, Texas, and Mexico, resulted in lack of clarity in their rights of citizenship and their eligibility for Federal services which could be provided only to Kickapoos when they were on or near the reservation of the Kickapoo Tribe of Oklahoma in McLoud, Oklahoma. (3) Although members of the Texas Band of Kickapoo lived primarily in Texas under conditions posing serious threats to their health, they owned no land in Texas and, therefore, were unable to obtain Federal services which the United States provides to other Indians who are members of federally recognized Indian tribes because of their status as Indians. (4) In 1983, the Texas Band of Kickapoo Act (25 U.S.C. 1300b-11 et seq.) was enacted to confirm the United States citizenship of Kickapoos residing in Texas and their eligibility for Federal services. (5) Although many Kickapoos meet the requirements for United States citizenship, some lack written records to prove that they do and have not been made aware that their right to apply for collective citizenship under the Texas Band of Kickapoo Act has expired. Amendment of the Immigration and Nationality Act is necessary to establish modified naturalization procedures to address the Kickapoos' eligibility for citizenship. (6) The Kickapoo Tribe of Oklahoma acquired land in Maverick County, Texas, in order to provide for the delivery of Federal services to its tribal members in Texas, known as the Texas Band or subgroup of the Kickapoo Tribe of Oklahoma, and in turn, in 1986 such land was acquired in trust by the United States by trust deed ``for the benefit of the Texas Band of Kickapoo, a subgroup of the Kickapoo Tribe of Oklahoma''. (7) In 1989, some members of the Texas Band chose to form a separate governmental entity now known as the Kickapoo Traditional Tribe of Texas, while the remaining Texas Kickapoos continue to be a subgroup of and have membership in the Kickapoo Tribe of Oklahoma. (8) Since the early 1990s, disputes have arisen over whether beneficial ownership of the trust land in Maverick County, Texas, resides with the Kickapoo Tribe of Oklahoma or with the Kickapoo Traditional Tribe of Texas. For some tribal members, lack of clarity regarding ownership of the trust property has resulted in eviction from their homes and inability to receive services, contrary to the intent and goals of the Texas Band of Kickapoo Act. (9) Both tribes require a land base in Texas to be able to provide services and housing for their respective tribal members. Only the Congress can clarify the beneficial ownership of Kickapoo reservation lands to ensure that both tribes have an appropriate land base in Maverick County, Texas. (10) The respective members of the Kickapoo Tribe of Oklahoma and the Kickapoo Traditional Tribe of Texas deserve to have their United States citizenship confirmed and their ability to cross the borders of the United States clarified, and to receive all of the Federal services which the United States provides to Indians because of their status as Indians. (11) Beneficial title to land already held in trust by the United States pursuant to authority granted in the Texas Band of Kickapoo Act should be transferred from the Kickapoo Tribe of Oklahoma to the Kickapoo Traditional Tribe of Texas, and replacement land in the State of Texas should be accepted into trust by the United States to provide a home for those Texas Kickapoos who continue to be members of the Kickapoo Tribe of Oklahoma. SEC. 3. DEFINITIONS. Section 3 of the Texas Band of Kickapoo Act (25 U.S.C. 1300b-12) is amended to read as follow: ``SEC. 3. DEFINITIONS. ``For the purposes of this Act, the following definitions apply: ``(1) Texas band.--The term `Texas Band' means the Texas Band of Kickapoo Indians, all members of which were part of the Kickapoo Tribe of Oklahoma as it existed prior to 1989 when a portion of the Band obtained Federal recognition as a governmental tribal entity separate from the Kickapoo Tribe of Oklahoma. ``(2) Kickapoo tribe of oklahoma.--The term `Kickapoo Tribe of Oklahoma' means the Kickapoo Tribe recognized by the United States pursuant to the Treaty with the Kickapoo on December 9, 1809 (7 Stat. 117), and reorganized in 1938 as the Kickapoo Tribe of Oklahoma pursuant to the Oklahoma Indian Welfare Act. ``(3) Kickapoo traditional tribe of texas.--The term `Kickapoo Traditional Tribe of Texas' means the Kickapoo Tribe administratively recognized in 1989 pursuant to Federal authorities granted in the Texas Band of Kickapoo Act. ``(4) Kickapoo tribes.--The term `Kickapoo Tribes' means the Kickapoo Tribe of Oklahoma and the Kickapoo Traditional Tribe of Texas. ``(5) Secretary.--The term `Secretary' means the Secretary of the Interior.''. SEC. 4. MEMBERSHIP ROLLS; CITIZENSHIP ELIGIBILITY. (a) Updating Membership Rolls; Compilation of Citizenship Eligibility Lists.--Section 4 of the Texas Band of Kickapoo Act (25 U.S.C. 1300b-13) is amended to read as follows: ``SEC. 4. MEMBERSHIP ROLLS; CITIZENSHIP ELIGIBILITY. ``(a) Updating Membership Rolls; Compilation of Citizenship Eligibility Lists.--In consultation with the Secretary, the Kickapoo Tribe of Oklahoma and the Kickapoo Traditional Tribe of Texas each shall update the membership roll of such tribe's tribal members and shall compile a list of its tribal members who reside permanently in the United States but were not born in the United States and are not otherwise a citizen or national of the United States. When such membership roll is updated, and such citizenship eligibility list is compiled, the Secretary shall promptly publish notice in the Federal Register announcing the completion of the citizenship eligibility list and shall provide a copy of such list to the Attorney General for use in approving applications for certificates of citizenship pursuant to section 341(c) of the Immigration and Nationality Act (8 U.S.C. 1452(c)). ``(b) Border Crossing Rights.--Notwithstanding the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) or any other law, any individual who was entitled to enter the United States under this section, as in effect on the day before the date of the enactment of the Texas Band of Kickapoo Act Amendments, shall continue to have such right until the earlier of-- ``(1) the date on which a final determination is made on an application timely filed by the individual pursuant to section 341(c) of the Immigration and Nationality Act (8 U.S.C. 1452(c)); or ``(2) the end of the final 2-year application period described in paragraph (3) of such section 341(c).''. (b) Citizenship.--Section 341 of the Immigration and Nationality Act (8 U.S.C. 1452) is amended by adding at the end the following: ``(c)(1) An individual who is described in paragraph (2) and satisfies the requirements of paragraphs (3) and (4) may be issued a certificate of citizenship. Upon proof to the satisfaction of the Attorney General that the individual is so eligible, and upon taking and subscribing before a member of the Service within the United States to the oath of allegiance required by this Act of an applicant for naturalization, such individual shall be furnished by the Attorney General with a certificate of citizenship. ``(2) An individual is described in this paragraph if the name of the individual appears on a citizenship eligibility list provided to the Attorney General pursuant to section 4 of the Texas Band of Kickapoo Act (25 U.S.C. 1300b-13) because such individual-- ``(A) is of Kickapoo descent; ``(B) is a member of-- ``(i) the Kickapoo Tribe of Oklahoma (as defined in section 3 of the Texas Band of Kickapoo Act (25 U.S.C. 1300b-12)); or ``(ii) the Kickapoo Traditional Tribe of Texas (as so defined); ``(C) was born outside the United States and its outlying possessions; ``(D) resides permanently in the United States; and ``(E) is not otherwise a citizen or national of the United States. ``(3) An individual described in paragraph (2) may apply to the Attorney General for a certificate of citizenship under this subsection only during a 2-year period commencing on the date following publication, pursuant to section 4 of the Texas Band of Kickapoo Act (25 U.S.C. 1300b-13), of the notice of completion of a citizenship eligibility list on which the name of the applicant appears. ``(4) The Attorney General may not grant an application for a certificate of citizenship under this subsection unless the applicant is, and has been during the 5-year period immediately preceding the filing of the application, a person of good moral character.''. SEC. 5. LAND ACQUISITION. Section 5 of the Texas Band of Kickapoo Act (25 U.S.C. 1300b-14) is amended to read as follows: ``SEC. 5. LAND ACQUISITION. ``(a) Applicability of the Indian Reorganization Act.--The Secretary is authorized to exercise authority under section 5 of the Act of June 18, 1934 (25 U.S.C. 465; popularly known as the Indian Reorganization Act), for the Kickapoo Tribe of Oklahoma and the Kickapoo Traditional Tribe of Texas with respect to lands in Maverick County, Texas, only. ``(b) Relinquishment of Trust Title.-- ``(1) In general.--The Secretary is hereby directed to allow the Kickapoo Tribe of Oklahoma, upon its request, to relinquish its claim to beneficial title to the land described in paragraph (2) of this subsection in exchange for the replacement land described in subsection (c). ``(2) Land description.--Lands referred to in paragraph (1) are those lands known as the Kickapoo Reservation, legal title to which is held in trust by the United States, and described as being all that certain lot, tract, or parcel of land lying and being situated in the County of Maverick, State of Texas. Such lands are more particularly described as follows: Being 125.43 acres lying and situated in said Maverick County, Texas, and being 42.07 acres out of survey 20, Abstract 723 and 83.36 acres out of Survey 21, Abstract 811; said acreage being the same land conveyed from the Veteran's Land Board of Texas to Arthur Meixner as said conveyance is recorded in volume 51, page 288 of the Maverick County Deed Records, as more particularly described in that certain deed recorded in Book 238, pages 324-326 of the Maverick County Deed Records. ``(c) Trust Status for Replacement Lands.-- ``(1) In general.--No later than 60 days after the relinquishment of trust title as provided in subsection (b), the Secretary shall accept all right, title, and interest of the Kickapoo Tribe of Oklahoma in and to the land described in paragraph (2) as replacement land and take that land into trust for the benefit of the Kickapoo Tribe of Oklahoma if-- ``(A) the Kickapoo Tribe of Oklahoma so requests; ``(B) there are no adverse legal claims on such property, including outstanding liens, mortgages, or taxes owed; and ``(C) the land described in subsection (b)(2) is no longer held in trust by the United States for the benefit of the Kickapoo Tribe of Oklahoma. ``(2) Land description.--Lands referred to in paragraph (1) are described as follows: ``(A) The Surface estate only in and to the following described property to wit: being all that certain tract or parcel of land together with all improvements thereon, and being 173.0 acre tract of land, out of survey 56, abstract 778 and survey 57, abstract 782, in Maverick County, Texas, and being a part of 2,460.6607 acre tract recorded in vol. 425, page 393, official public records of Maverick County, Texas, as more particularly described in that certain deed recorded in said Maverick County, Texas, as Document Number 108772 in Book 663, page 243-244. ``(B) The Surface estate only in and to the following described property to wit: being all that certain tract or parcel of land together with all improvements thereon, and being 200.0 acre tract of land, out of survey 57, survey 58 and survey 13, in Maverick County, Texas, and being a part of 2,460.6607 acre tract recorded in vol. 425, page 393, official public records of Maverick County, Texas, as more particularly described in that certain deed recorded in said Maverick County, Texas, as Document Number 108910 in Book 664, page 335-339.''. SEC. 6. JURISDICTION. Section 6 of the Texas Band of Kickapoo Act (25 U.S.C. 1300b-15) is amended by striking ``Band's trust lands'' and inserting ``lands held in trust in Maverick County for the Kickapoo Tribe of Oklahoma and for the Kickapoo Traditional Tribe of Texas,''. SEC. 7. PROVISION OF FEDERAL INDIAN SERVICES. Section 7 of the Texas Band of Kickapoo Act (25 U.S.C. 1300b-16) is amended-- (1) by amending subsection (a) to read as follows: ``(a) Eligibility for Federal Indian Services.--Notwithstanding any other provision of law authorizing the provision of special programs and services by the United States to Indians because of their status as Indians, the Kickapoo Tribe of Oklahoma and the Kickapoo Traditional Tribe of Texas, and their respective members who reside in Maverick County, Texas, shall be eligible for such programs and services without regard to the existence of a reservation, residence on or near a reservation, or the compilation of the Membership Rolls pursuant to 25 U.S.C. 1300b-13(a).''; and (2) in subsection (b)-- (A) by inserting after ``(b)'' the following: ``Consultation With Mexican Government.--''; and (B) by striking ``the Band and its members'' and inserting ``the Kickapoo Tribes and their respective tribal members''.

Texas Band of Kickapoo Act Amendments - Amends the Texas Band of Kickapoo Act to require the Kickapoo Tribe of Oklahoma and the Kickapoo Traditional Tribe of Texas (Tribes) to each update the membership roll of its members. Requires the Tribes to compile a list of their tribal members who permanently reside, but were not born in, the United States and are not otherwise citizens or nationals of the United States.Amends the Immigration and Naturalization Act to declare that a person who is of Kickapoo descent, a member of either of the Tribes, was born outside of, but permanently resides in the United States, and is not otherwise a citizen or national of the United States, may apply to the Attorney General for a United States certificate of citizenship. Authorizes the Attorney General to issue a certificate of citizenship to such individuals.Amends the Texas Band of Kickapoo Act to direct the Secretary of the Interior to allow the Kickapoo Tribe of Oklahoma to relinquish its claim to beneficial title to the Kickapoo Reservation in Maverick County, Texas. Requires the Secretary, at the request of the Tribe, to accept such land as replacement land and take that land into trust for the benefit of the Kickapoo Tribe if there are no adverse legal claims on the land.Extends the eligibility of individuals for Federal Indian programs and services from the Texas Band of Kickapoo Indians to both Kickapoo Tribes.

To clarify the rights of United States citizenship and eligibility for Federal benefits for all enrolled members of the Kickapoo Tribe of Oklahoma and the Kickapoo Traditional Tribe of Texas, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Program Management Improvement Accountability Act''. SEC. 2. PROJECT MANAGEMENT. (a) Deputy Director for Management.-- (1) Additional functions.--Section 503 of title 31, United States Code, is amended by adding at the end the following: ``(c) Program and Project Management.-- ``(1) Requirement.--Subject to the direction and approval of the Director, the Deputy Director for Management or a designee shall-- ``(A) adopt governmentwide standards, policies, and guidelines for program and project management for executive agencies; ``(B) oversee implementation of program and project management for the standards, policies, and guidelines established under subparagraph (A); ``(C) chair the Program Management Policy Council established under section 1126(b); ``(D) establish standards and policies for executive agencies, consistent with widely accepted standards for program and project management planning and delivery; ``(E) engage with the private sector to identify best practices in program and project management that would improve Federal program and project management; ``(F) conduct portfolio reviews to address programs identified as high risk by the Government Accountability Office; ``(G) not less than annually, conduct portfolio reviews of agency programs in coordination with Project Management Improvement Officers designated under section 1126(a)(1) to assess the quality and effectiveness of program management; and ``(H) establish a 5-year strategic plan for program and project management. ``(2) Application to department of defense.--Paragraph (1) shall not apply to the Department of Defense to the extent that the provisions of that paragraph are substantially similar to or duplicative of-- ``(A) the provisions of chapter 87 of title 10; or ``(B) policy, guidance, or instruction of the Department related to program management.''. (2) Deadline for standards, policies, and guidelines.--Not later than 1 year after the date of enactment of this Act, the Deputy Director for Management of the Office of Management and Budget shall issue the standards, policies, and guidelines required under section 503(c) of title 31, United States Code, as added by paragraph (1). (3) Regulations.--Not later than 90 days after the date on which the standards, policies, and guidelines are issued under paragraph (2), the Deputy Director for Management of the Office of Management and Budget, in consultation with the Program Management Policy Council established under section 1126(b) of title 31, United States Code, as added by subsection (b)(1), and the Director of the Office of Management and Budget, shall issue any regulations as are necessary to implement the requirements of section 503(c) of title 31, United States Code, as added by paragraph (1). (b) Program Management Improvement Officers and Program Management Policy Council.-- (1) Amendment.--Chapter 11 of title 31, United States Code, is amended by adding at the end the following: ``Sec. 1126. Program management improvement officers and program management policy council ``(a) Program Management Improvement Officers.-- ``(1) Designation.--The head of each agency described in section 901(b) shall designate a senior executive of the agency as the Program Management Improvement Officer of the agency. ``(2) Functions.--The Program Management Improvement Officer of an agency designated under paragraph (1) shall-- ``(A) implement program management policies established by the agency under section 503(c); and ``(B) develop a strategy for enhancing the role of program managers within the agency that includes the following: ``(i) Enhanced training and educational opportunities for program managers that shall include-- ``(I) training in the relevant competencies encompassed with program and project manager within the private sector for program managers; and ``(II) training that emphasizes cost containment for large projects and programs. ``(ii) Mentoring of current and future program managers by experienced senior executives and program managers within the agency. ``(iii) Improved career paths and career opportunities for program managers. ``(iv) A plan to encourage the recruitment and retention of highly qualified individuals to serve as program managers. ``(v) Improved means of collecting and disseminating best practices and lessons learned to enhance program management across the agency. ``(vi) Common templates and tools to support improved data gathering and analysis for program management and oversight purposes. ``(3) Application to department of defense.--This subsection shall not apply to the Department of Defense to the extent that the provisions of this subsection are substantially similar to or duplicative of the provisions of chapter 87 of title 10. For purposes of paragraph (1), the Under Secretary of Defense for Acquisition, Technology, and Logistics (or a designee of the Under Secretary) shall be considered the Program Management Improvement Officer. ``(b) Program Management Policy Council.-- ``(1) Establishment.--There is established in the Office of Management and Budget a council to be known as the `Program Management Policy Council' (in this subsection referred to as the `Council'). ``(2) Purpose and functions.--The Council shall act as the principal interagency forum for improving agency practices related to program and project management. The Council shall-- ``(A) advise and assist the Deputy Director for Management of the Office of Management and Budget; ``(B) review programs identified as high risk by the General Accountability Office and make recommendations for actions to be taken by the Deputy Director for Management of the Office of Management and Budget or a designee; ``(C) discuss topics of importance to the workforce, including-- ``(i) career development and workforce development needs; ``(ii) policy to support continuous improvement in program and project management; and ``(iii) major challenges across agencies in managing programs; ``(D) advise on the development and applicability of standards governmentwide for program management transparency; and ``(E) review the information published on the website of the Office of Management and Budget pursuant to section 1122. ``(3) Membership.-- ``(A) Composition.--The Council shall be composed of the following members: ``(i) Five members from the Office of Management and Budget as follows: ``(I) The Deputy Director for Management. ``(II) The Administrator of the Office of Electronic Government. ``(III) The Administrator of Federal Procurement Policy. ``(IV) The Controller of the Office of Federal Financial Management. ``(V) The Director of the Office of Performance and Personnel Management. ``(ii) The Program Management Improvement Officer from each agency described in section 901(b). ``(iii) Any other full-time or permanent part-time officer or employee of the Federal Government or member of the Armed Forces designated by the Chairperson. ``(B) Chairperson and vice chairperson.-- ``(i) In general.--The Deputy Director for Management of the Office of Management and Budget shall be the Chairperson of the Council. A Vice Chairperson shall be elected by the members and shall serve a term of not more than 1 year. ``(ii) Duties.--The Chairperson shall preside at the meetings of the Council, determine the agenda of the Council, direct the work of the Council, and establish and direct subgroups of the Council as appropriate. ``(4) Meetings.--The Council shall meet not less than twice per fiscal year and may meet at the call of the Chairperson or a majority of the members of the Council. ``(5) Support.--The head of each agency with a Project Management Improvement Officer serving on the Council shall provide administrative support to the Council, as appropriate, at the request of the Chairperson.''. (2) Report required.--Not later than 1 year after the date of enactment of this Act, the Director of the Office of Management and Budget, in consultation with each Program Management Improvement Officer designated under section 1126(a)(1) of title 31, United States Code, shall submit to Congress a report containing the strategy developed under section 1126(a)(2)(B) of such title, as added by paragraph (1). (c) Program and Project Management Personnel Standards.-- (1) Definition.--In this subsection, the term ``agency'' means each agency described in section 901(b) of title 31, United States Code, other than the Department of Defense. (2) Regulations required.--Not later than 180 days after the date on which the standards, policies, and guidelines are issued under section 503(c) of title 31, United States Code, as added by subsection (a)(1), the Director of the Office of Personnel Management, in consultation with the Director of the Office of Management and Budget, shall issue regulations that-- (A) identify key skills and competencies needed for a program and project manager in an agency; (B) establish a new job series, or update and improve an existing job series, for program and project management within an agency; and (C) establish a new career path for program and project managers within an agency. (d) Gao Report on Effectiveness of Policies on Program and Project Management.--Not later than 3 years after the date of enactment of this Act, the Government Accountability Office shall issue, in conjunction with the High Risk list of the Government Accountability Office, a report examining the effectiveness of the following on improving Federal program and project management: (1) The standards, policies, and guidelines for program and project management issued under section 503(c) of title 31, United States Code, as added by subsection (a)(1). (2) The 5-year strategic plan established under section 503(c)(1)(H) of title 31, United States Code, as added by subsection (a)(1). (3) Program Management Improvement Officers designated under section 1126(a)(1) of title 31, United States Code, as added by subsection (b)(1). (4) The Program Management Policy Council established under section 1126(b)(1) of title 31, United States Code, as added by subsection (b)(1). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(This measure has not been amended since it was passed by the House on September 22, 2016. Program Management Improvement Accountability Act (Sec. 2) This bill establishes as additional functions of the Deputy Director for Management of the Office of Management and Budget (OMB) requirements to: adopt and oversee implementation of government-wide standards, policies, and guidelines for program and project management for executive agencies; chair the Program Management Policy Council (established by this Act); establish standards and policies for executive agencies consistent with widely accepted standards for program and project management planning and delivery; engage with the private sector to identify best practices in program and project management that would improve federal program and project management; conduct portfolio reviews to address programs identified as high risk by the Government Accountability Office (GAO); conduct portfolio reviews of agency programs at least annually to assess the quality and effectiveness of program management; and establish a five-year strategic plan for program and project management. The bill exempts the Department of Defense (DOD) from such provisions to the extent that they are substantially similar to: (1) federal provisions governing the defense acquisition workforce; or (2) policy, guidance, or instruction of DOD related to program management. The head of each federal agency that is required to have a Chief Financial Officer shall designate a Program Management Improvement Officer to implement agency program management policies and develop a strategy for enhancing the role of program managers within the agency. The OMB must submit a report containing such strategy within one year after enactment of this bill. The Under Secretary of Defense for Acquisition, Technology, and Logistics shall be considered the Program Management Improvement Officer for DOD. The Program Management Policy Council is established within OMB to act as the principal interagency forum for improving agency practices related to program and project management. The Office of Personnel Management must issue regulations that: (1) identify key skills and competencies needed for an agency program and project manager, (2) establish a new job series or update and improve an existing job series for program and project management within an agency, and (3) establish a new career path for program and project managers. The GAO must issue a report within three years of enactment, in conjunction with its high risk list, examining the effectiveness of the following (as required or established under this Act) on improving federal program and project management: the standards, policies, and guidelines for program and project management; the strategic plan; Program Management Improvement Officers; and the Program Management Policy Council.

Program Management Improvement Accountability Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Charitable Volunteers Tax Credit Incentive Act of 1995''. SEC. 2. CREDIT FOR CHARITABLE CONTRIBUTIONS TO CERTAIN PRIVATE CHARITIES PROVIDING ASSISTANCE TO THE POOR. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 22 the following new section: ``SEC. 23. CREDIT FOR CERTAIN CHARITABLE CONTRIBUTIONS. ``(a) In General.--In the case of an eligible taxpayer, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to so much of the qualified charitable contributions which are paid by the taxpayer to 1 qualified charity as do not exceed $500. ``(b) Eligible Taxpayer.--For purposes of this section, the term `eligible taxpayer' means any individual who has worked at least 50 hours at the qualified charity identified under subsection (c) during the taxable year. ``(c) Qualified Charitable Contribution.--For the purposes of this section, the term `qualified charitable contribution' means any charitable contribution (as defined in section 170(c)) made in cash, but only if the amount of such contribution, the qualified charity, and the number of hours worked by the taxpayer at the qualified charity are identified on the return for the taxable year during which such contribution is made. ``(d) Qualified Charity.-- ``(1) In general.--For purposes of this section, the term `qualified charity' means, with respect to the taxpayer, any organization described in section 501(c)(3) and exempt from tax under section 501(a)-- ``(A) which is certified by the Secretary as meeting the requirements of paragraphs (2) and (3); and ``(B) which is organized under the laws of a State at the time the contribution is made and is exempt from income taxation (if any) by such State. ``(2) Charity must primarily assist the poor.--An organization meets the requirements of this paragraph only if the predominant activity of such organization is the provision of services to individuals whose annual incomes do not exceed 150 percent of the official poverty line (as defined by the Office of Management and Budget). ``(3) Minimum expenditure requirement.-- ``(A) In general.--An organization meets the requirements of this paragraph only if the Secretary reasonably expects that the annual exempt purpose expenditures of such organization will not be less than 70 percent of the annual aggregate expenditures of such organization. ``(B) Exempt purpose expenditure.--For purposes of subparagraph A-- ``(i) In general.--The term `exempt purpose expenditure' means any expenditure to carry out the activity referred to in paragraph (2). ``(ii) Exceptions.--Such term shall not include-- ``(I) any administrative expense; ``(II) any expenses for the purpose of influencing legislation (as defined in section 4911(d)); ``(III) any expense primarily for the purpose of fundraising; and ``(IV) any expense for a legal service provided on behalf of any individual referred to in paragraph (2). ``(e) Donor May Not Have Financial Interest in Charity.-- ``(1) In general.--No credit shall be allowed under this section for any contribution made to an organization if the donor or any member of the donor's family is an officer or employee of such organization. ``(2) Self-dealing.--To the extent provided by the Secretary by regulation, no credit shall be allowed under this section for any contribution made to an organization if-- ``(A) the donor, ``(B) any member of the family of the donor, or ``(C) any thirty-five percent controlled entity of persons described in subparagraph (A) or (B), engages in significant activities with respect to such organization which are a type described in section 4941(d) (relating to self-dealing). ``(3) 35-percent controlled entity.-- ``(A) In general.--For purposes of paragraph (2), the term `35-percent controlled entity' means-- ``(i) a corporation in which persons described in subparagraph (A) or (B) of paragraph (2) own more than 35 percent of the combined voting power, ``(ii) a partnership in which such persons own more than 35 percent of the profits interest, and ``(iii) a trust or estate in which such persons own more than 35 percent of the beneficial interest. ``(B) Constructive ownership rules.--Rules similar to the rules of paragraphs (3) and (4) of section 4946(a) shall apply for purposes of this paragraph. ``(4) Member of the family.--For the purposes of this subsection, the members of an individual's family shall be determined under section 4946(d). ``(f) Coordination With Deduction for Charitable Contributions.-- ``(1) Credit in lieu of deductions.--The credit provided by subsection (a) for any qualified charitable deduction shall be in lieu of any deduction otherwise allowable under this chapter for such contribution. ``(2) Election to have this section not apply.--A taxpayer may elect for any taxable year to have this section not apply.''. (b) Qualified Charities Required To Provide Copies of Annual Return.--Subsection (e) of section 6104 of such code (relating to public inspection of certain annual returns and applications for exemption) is amended by adding at the end the following new paragraph: ``(3) Charities receiving creditable contributions required to provide copies of annual return.-- ``(A) In general.--Every qualified charity (as defined in section 23(d)) shall, upon request of an individual made at an office where such organization's annual return filed under section 6033 is required under paragraph (1) to be available for inspection, shall provide a copy of such return to such individual without charge other than a reasonable fee for any reproduction and mailing costs. If the request is made in person, such copies shall be provided immediately and, if made other than in person, shall be provided within 30 days. ``(B) Period of availability.--Subparagraph (A) shall only apply during the 3-year period beginning on the filing date (as defined in paragraph (1)(D) of the return requested).''. (c) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter of such Code is amended by inserting after the item relating to section 22 the following new item: ``Sec. 23. Credit for certain charitable contributions.''. (d) Effective Date.--The amendments made by this section shall apply to contributions made and work performed after the 90th day after the date of the enactment of this Act, in taxable years ending after such date.

Amends the Internal Revenue Code to create a tax credit not to exceed $500 (in lieu of a deduction) for cash contributions made by an individual to a tax-exempt private charitable organization primarily assisting the poor, for which the individual must also have worked at least 50 hours. Denies such credit if the donor or a family member is an officer or employee of such organization, or has another specified relationship with the organization that would involve self-dealing.

Charitable Volunteers Tax Credit Incentive Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Honest Opportunity Probation with Enforcement (HOPE) Initiative Act of 2009''. SEC. 2. FINDINGS. Congress finds the following: (1) Crime continues to inflict a severe cost on victims and communities across the country. (2) Criminal apprehension and punishment similarly impose substantial costs on taxpayers, with States spending over $50,000,000,000 on corrections in fiscal year 2008, accounting for 1 in every 15 State general fund dollars. (3) A substantial amount of crime, and a substantial share of prison occupancy, is directly tied to illicit drug consumption. A relatively small group of chronic drug users consumes the vast majority of cocaine, heroin, and methamphetamine in the United States, and approximately three- quarters of this group pass through the criminal justice system at some point. Consequently, reducing drug consumption in the United States requires effectively addressing the drug habits of supervised offenders. (4) One in 100 adults is behind bars, and 1 in 31 is under some form of criminal justice supervision, including probation and parole. Of the 7,300,000 individuals in the United States who are under criminal justice supervision, the majority (4,300,000) are serving a term of probation in their communities, in lieu of serving time behind bars. (5) The failure of individuals serving terms of probation to successfully complete such terms is a major contributor to prison admissions. In 2007, more than 250,000 such individuals were admitted to prison. Consequently, controlling drug use by individuals who are serving a period of probation reduces both national drug consumption and crime rates, and reduces taxpayer burdens. (6) Innovations in offender supervision prove that swift, certain, and graduated sanctions for noncompliance can reduce drug use, new crimes, and revocation to incarceration. (7) Hawaii's Opportunity Probation with Enforcement (HOPE) initiative, an offender supervision program to reduce probation violations by drug and other high-risk offenders using a structured sanctions model, has been shown to be highly successful at reducing drug use, crime, and recidivism. (8) According to an article in the Journal of the American Medical Association in August of 2009, if the HOPE initiative was replicated effectively in multiple jurisdictions, the program might have broader benefits beyond assisting probationer participants at risk for heavy drug use, such as helping to shrink the market for illegal drugs and the profits of drug trafficking organizations. SEC. 3. HOPE INITIATIVE GRANTS. (a) Program Established.-- (1) In general.--The Attorney General may establish a competitive demonstration grant program to award grants to State, tribal, and local courts to establish probation programs that reduce drug use, crime, and recidivism by requiring swift, predictable, and graduated sanctions for noncompliance with the conditions of probation, as determined by the Attorney General. (2) Number and selection of grants.-- (A) Number.--The Attorney General shall have the discretion to award not more than 20 grants under this section. (B) Selection.--The Attorney General shall ensure that such grants are awarded in a manner that promotes the strongest proposals, evaluation designs, and geographic diversity of the demonstration programs under this section. (b) Application.--To be eligible for a grant under this section, a State, tribal, or local court shall, in addition to any other requirements required by the Attorney General, submit to the Attorney General an application that-- (1) describes the program to be assisted under this section and the need for such program; (2) describes a long-term strategy and detailed implementation plan for such program, including how the entity plans to pay for the program after the Federal funding is discontinued; (3) certifies that all government entities affected by the program have been appropriately consulted in the development of the program and that there will be appropriate coordination with all such entities in the implementation of the program; (4) identifies the key partners that will be included in the program, including the Chief Judge of the court of the relevant jurisdiction and other participating judges in such jurisdiction, State court administrator, probation and parole administrators, jail and prison administrators, prosecutors, public defenders and defense attorneys, and sheriff or police administrators; and (5) includes an assurance that the applicant will-- (A) collect key process measures, including the number of individuals enrolled in the program, the frequency of drug testing of such individuals, the certainty of sanctions for a violation of the terms of probation, the average period of time from detection of a violation to issuance of a sanction for such violation, and sanction severity; (B) conduct an unbiased comparison of the outcomes between program participants and similarly situated probationers not in the program, including the positive and negative drug test rates, probation and substance abuse treatment appearance rates, probation term modifications, revocations, arrests, time spent in jail or prison, and total correctional costs incurred; and (C) partner with an independent program advisor and evaluator, who will assist the applicant with designing the demonstration program to be carried out with the grant, identifying the appropriate comparison group for the comparison required under subparagraph (A), and measuring relevant outcomes for such comparison. (c) Grant Uses.--A grant awarded under this section shall be used by the grantee to establish probation programs that-- (1) identify for enrollment in the program individuals who are serving a term of probation and who are at high risk of failing to observe the conditions of supervision and of being returned to incarceration as a result of such failure; (2) notify probationers of the rules of the probation demonstration program, and consequences for violating such rules; (3) monitor probationers for illicit drug use with regular and rapid-result drug screening; (4) monitor probationers for violations of other rules and probation terms, including failure to pay court-ordered financial obligations such as child support or victim restitution; (5) respond to violations of such rules with immediate arrest of the violating probationer, and swift and certain modification of the conditions of probation, including imposition of short jail stays (which may gradually become longer with each additional violation and modification); (6) immediately respond to probationers who have absconded from supervision with service of bench warrants and immediate sanctions; (7) provide rewards to probationers who comply with such rules; (8) ensure funding for, and referral to, substance abuse treatment for probationers who repeatedly fail to refrain from illicit drugs use; (9) establish procedures to terminate program participation by, and initiate revocation to a term of incarceration for, probationers who habitually fail to abide by program rules and pose a threat to public safety; and (10) include regular coordination meetings for the key partners of the demonstration program, including the partners identified in the grant application in accordance with subsection (b)(4). (d) Determination of Program Savings.-- (1) Grantee savings and reinvestment.--Each court receiving a grant under this section shall-- (A) not later than 12 months after an initial grant award under this section, and annually thereafter through the end of the grant period, calculate the amount of cost savings, if any, resulting from the reduced incarceration achieved through such grant program; and (B) report to the Attorney General-- (i) the amount calculated under subparagraph (A); and (ii) the portion of such amount, if any, that will be reinvested for expansion of such grant program. (2) Evaluation, guidance, and recommendations.--The Attorney General shall-- (A) annually evaluate-- (i) the methods used by courts to calculate the cost savings reported under paragraph (1); and (ii) the use of such savings by the courts to reinvest for expansion of the grant program; and (B) provide guidance, assistance, and recommendations to such courts relating to the potential reinvestment of such savings for expansion of such grant program. (e) Evaluation Coordinator.--The Attorney General shall select an entity to serve as the HOPE initiative evaluation coordinator to-- (1) analyze and provide feedback on the measures and outcomes the individual HOPE initiative demonstration programs are required to collect and conduct, respectively, in accordance with subsection (b)(5); (2) ensure consistent tracking of the progress of the demonstration programs carried out under this section, including such measures and outcomes; and (3) ensure that the aggregate data from all such demonstration programs is available to each of the programs and the Attorney General. (f) Annual Report.--The Attorney General shall annually report to Congress on the results of the HOPE initiative carried out under this section. (g) Authorization of Appropriations.--There are authorized to be appropriated for grants awarded under this section $25,000,000 for each of fiscal years 2010 through 2014, of which not more than $500,000 shall be available to the Attorney General in each fiscal year for coordination activities necessary to carry out this section.

Honest Opportunity Probation with Enforcement (HOPE) Initiative Act of 2009 - Authorizes the Attorney General to award grants for probation demonstration programs that reduce drug use, crime, and recidivism by requiring swift, predictable, and graduated sanctions for noncompliance with conditions of probation. Requires grant funds to be used for specified purposes, including: (1) identifying high risk probationers; (2) monitoring probationers for illicit drug use; (3) responding to probation violations with immediate arrest; (4) rewarding probationers who comply with probation rules; and (5) providing for substance abuse treatment. Requires the Attorney General to annually evaluate probation programs for cost savings and to select an evaluation coordinator for such programs.

To authorize a national HOPE Program to reduce drug use, crime, and the costs of incarceration.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Leading and Expediting Aerotropolis Development Act of 2011''. SEC. 2. AEROTROPOLIS GRANT PROGRAM. (a) Establishment.--Not later than 6 months after the date of enactment of this Act, the Secretary of Transportation shall establish and carry out an aerotropolis grant program (in this section referred to as the ``program'') to assist the development of aerotropolis transportation systems in accordance with this section. (b) Grant Authority.--In carrying out the program, the Secretary is authorized to make a grant to an eligible entity to assist planning, design, environmental review, or land acquisition activities for any of the following to benefit an aerotropolis transportation system: (1) A project for the development or improvement of a highway or bridge. (2) A project for the development or improvement of a public transportation system. (3) A project to expand the capacity of or otherwise improve freight or passenger rail transportation. (4) A project for the development or improvement of a port. (5) A project that improves access to a port or terminal facility. (6) A project for the development or improvement of a multimodal terminal facility. (7) A project for the development or improvement of an intelligent transportation system that-- (A) is primarily for the benefit of freight movement; and (B) reduces congestion or improves safety. (c) Availability of Grant Funding.--Grant funding awarded to a grant recipient under the program shall remain available to be obligated by the recipient during the fiscal year in which the grant funding is disbursed and the three fiscal years following that fiscal year. Grant funding not obligated by a grant recipient during the period provided under this subsection shall be returned to the Secretary and made available for making other grants under the program. (d) Application Process.--In carrying out the program, the Secretary shall establish a process for eligible entities to apply for grants, which shall include the submission to the Secretary of an application containing the following: (1) A description of the aerotropolis transportation system to be assisted with the grant, including-- (A) the geographic scope of the system; and (B) the components that comprise the system. (2) A description of the projects to be assisted with the grant. (3) With respect to each of the projects described under paragraph (2), a description of-- (A) the status of the project; (B) how the project will develop the applicable aerotropolis transportation system; (C) the jobs to be created by the project; (D) the costs and benefits of the project; and (E) the plans and timeline for moving the project to completion. (e) Grant Selection.-- (1) Considerations.--In making grants under the program, the Secretary shall consider, with respect to a proposed project, whether the project facilitates any of the following: (A) Improvement of the mobility of goods or passengers. (B) Enhancement of intermodal connectivity with respect to freight or passenger transportation. (C) Improvement of the condition of freight or passenger transportation infrastructure, including bringing such infrastructure into a state of good repair. (D) Reductions in congestion. (E) Improvement of safety, including through reductions in transportation accidents, injuries, and fatalities. (F) Incorporation of new and innovative technologies into the transportation system, including intelligent transportation systems. (G) Enhancement of national or regional economic development, growth, and competitiveness. (H) Non-Federal contributions to the project, including contributions from public-private partnerships. (I) Reductions in dependence on foreign oil. (J) Reductions in air or water pollution. (2) Priorities.--In making grants under the program, the Secretary shall give priority to applicants that demonstrate any of the following: (A) A strategic plan for the development of an aerotropolis transportation system and funding directed to that development. (B) Existing infrastructure and services sufficient for the development of an aerotropolis transportation system. (C) A capacity for using grant funds to efficiently and effectively develop an aerotropolis transportation system. (D) Public-private partnerships that will assist in completing proposed projects. (E) An inability to complete pre-construction activities for proposed projects without grant assistance. (f) Reports.--In each year in which a grant recipient receives funding under the program, that recipient shall submit to the Secretary a report that includes a description of the following: (1) The activities carried out by that recipient with grant funds in the preceding year. (2) The impact of those activities, including in comparison to the objectives for those activities. (g) Definitions.--In this section, the following definitions apply: (1) Aerotropolis transportation system.--The term ``aerotropolis transportation system'' means a planned and coordinated multimodal freight and passenger transportation network that, as determined by the Secretary, provides efficient, cost-effective, sustainable, and intermodal connectivity to a defined region of economic significance centered around a major airport. (2) Eligible entity.--The term ``eligible entity'' means any of the following: (A) A State government or political subdivision thereof. (B) A local government or political subdivision thereof. (C) A metropolitan planning organization. (D) A regional planning organization. (E) An organization comprised of more than one entity specified in subparagraphs (A) through (D).

Leading and Expediting Aerotropolis Development Act of 2011 - Directs the Secretary of Transportation to establish an aerotropolis grant program to assist in the development of aerotropolis transportation systems (i.e., planned and coordinated multimodal freight and passenger transportation networks that provide efficient, sustainable, and intermodal connectivity to a defined region of economic significance centered around a major airport). Authorizes the Secretary to make grants to eligible entities to assist in planning, design, environmental review, or land acquisition activities for one or more specified kinds of projects to benefit such systems.

To direct the Secretary of Transportation to establish a grant program to assist the development of aerotropolis transportation systems, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Incentivizing Offshore Wind Power Act''. SEC. 2. QUALIFYING OFFSHORE WIND FACILITY CREDIT. (a) In General.--Section 46 of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of paragraph (5), by striking the period at the end of paragraph (6), and by adding at the end the following new paragraph: ``(7) the qualifying offshore wind facility credit.''. (b) Amount of Credit.--Subpart E of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 48D the following new section: ``SEC. 48E. CREDIT FOR OFFSHORE WIND FACILITIES. ``(a) In General.--For purposes of section 46, the qualifying offshore wind facility credit for any taxable year is an amount equal to 30 percent of the qualified investment for such taxable year with respect to any qualifying offshore wind facility of the taxpayer. ``(b) Qualified Investment.-- ``(1) In general.--For purposes of subsection (a), the qualified investment for any taxable year is the basis of eligible property placed in service by the taxpayer during such taxable year which is part of a qualifying offshore wind facility. ``(2) Certain qualified progress expenditures rules made applicable.--Rules similar to the rules of subsections (c)(4) and (d) of section 46 (as in effect on the day before the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this section. ``(c) Definitions.--For purposes of this section-- ``(1) Qualifying offshore wind facility.-- ``(A) In general.--The term `qualifying offshore wind facility' means an offshore facility using wind to produce electricity. ``(B) Offshore facility.--The term `offshore facility' means any facility located in the inland navigable waters of the United States, including the Great Lakes, or in the coastal waters of the United States, including the territorial seas of the United States, the exclusive economic zone of United States, and the outer Continental Shelf of the United States. ``(2) Eligible property.--The term `eligible property' means any property-- ``(A) which is-- ``(i) tangible personal property, or ``(ii) other tangible property (not including a building or its structural components), but only if such property is used as an integral part of the qualifying offshore wind facility, and ``(B) with respect to which depreciation (or amortization in lieu of depreciation) is allowable. ``(d) Qualifying Credit for Offshore Wind Facilities Program.-- ``(1) Establishment.-- ``(A) In general.--Not later than 180 days after the date of the enactment of this section, the Secretary, in consultation with the Secretary of Energy and the Secretary of the Interior, shall establish a qualifying credit for offshore wind facilities program to consider and award certifications for qualified investments eligible for credits under this section to qualifying offshore wind facility sponsors. ``(B) Limitation.--The total amount of megawatt capacity for offshore facilities with respect to which credits may be allocated under the program shall not exceed 3,000 megawatts. ``(2) Certification.-- ``(A) Application period.--Each applicant for certification under this paragraph shall submit an application containing such information as the Secretary may require beginning on the date the Secretary establishes the program under paragraph (1). ``(B) Period of issuance.--An applicant which receives a certification shall have 5 years from the date of issuance of the certification in order to place the facility in service and if such facility is not placed in service by that time period, then the certification shall no longer be valid. ``(3) Selection criteria.--In determining which qualifying offshore wind facilities to certify under this section, the Secretary shall-- ``(A) take into consideration which facilities will be placed in service at the earliest date, and ``(B) take into account the technology of the facility that may lead to reduced industry and consumer costs or expand access to offshore wind. ``(4) Review and redistribution.-- ``(A) Review.--Not later than 4 years after the date of the enactment of this section, the Secretary shall review the credits allocated under this section as of such date. ``(B) Redistribution.--The Secretary may reallocate credits awarded under this section if the Secretary determines that-- ``(i) there is an insufficient quantity of qualifying applications for certification pending at the time of the review, or ``(ii) scheduled placed-in-service dates of previously certified facilities have been significantly delayed and the Secretary determines the applicant will not meet the timeline pursuant to paragraph (2)(B). ``(C) Reallocation.--If the Secretary determines that credits under this section are available for reallocation pursuant to the requirements set forth in paragraph (2), the Secretary is authorized to conduct an additional program for applications for certification. ``(5) Disclosure of allocations.--The Secretary shall, upon making a certification under this subsection, publicly disclose the identity of the applicant and the amount of the credit with respect to such applicant. ``(e) Denial of Double Benefit.--A credit shall not be allowed under this section with respect to any facility if-- ``(1) a credit has been allowed to such facility under section 45 for such taxable year or any prior taxable year, ``(2) a credit has been allowed with respect to such facility under section 46 by reason of section 48(a) or 48C(a) for such taxable or any preceding taxable year, or ``(3) a grant has been made with respect to such facility under section 1603 of the American Recovery and Reinvestment Act of 2009.''. (c) Conforming Amendments.-- (1) Section 49(a)(1)(C) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``and'' at the end of clause (v), (B) by striking the period at the end of clause (vi) and inserting ``, and''; and (C) by adding after clause (vi) the following new clause: ``(vi) the basis of any property which is part of a qualifying offshore wind facility under section 48E.''. (2) The table of sections for subpart E of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 48D the following new item: ``48E. Credit for offshore wind facilities.''. (d) Effective Date.--The amendments made by this section shall apply to periods after the date of the enactment of this Act, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990).

Incentivizing Offshore Wind Power Act - Amends the Internal Revenue Code to: (1) allow a 30% tax credit for investment in a qualifying offshore wind facility (an offshore facility using wind to produce electricity), and (2) direct the Secretary of the Treasury to establish a qualifying credit for offshore wind facilities program to consider and award certifications for investments eligible for such a credit to qualifying offshore wind facility sponsors. Requires the Secretary to review credits allocated under this Act and authorizes the Secretary to reallocate such credits upon determining that: (1) there is an insufficient quantity of qualifying applications for certification pending at the time of the review, or (2) scheduled placed-in-service dates of previously certified facilities have been significantly delayed and the applicant will not meet the required timeline.

To amend the Internal Revenue Code of 1986 to provide for an investment tax credit related to the production of electricity from offshore wind.

SECTION 1. TABLE OF CONTENTS. The table of contents of this Act is as follows: Sec. 1. Table of contents. TITLE I--YOSEMITE NATIONAL PARK AUTHORIZED PAYMENTS Sec. 102. Payments for educational services. Sec. 103. Authorization for park facilities to be located outside the boundaries of Yosemite National Park. TITLE II--RANCHO CORRAL DE TIERRA GOLDEN GATE NATIONAL RECREATION AREA BOUNDARY ADJUSTMENT Sec. 201. Short title. Sec. 202. Golden Gate National Recreation Area, California. TITLE I--YOSEMITE NATIONAL PARK AUTHORIZED PAYMENTS SEC. 101. PAYMENTS FOR EDUCATIONAL SERVICES. (a) In General.--(1) For fiscal years 2006 through 2009, the Secretary of the Interior may provide funds to the Bass Lake Joint Union Elementary School District and the Mariposa Unified School District in the State of California for educational services to students-- (A) who are dependents of persons engaged in the administration, operation, and maintenance of Yosemite National Park; or (B) who live within or near the park upon real property owned by the United States. (2) The Secretary's authority to make payments under this section shall terminate if the State of California or local education agencies do not continue to provide funding to the schools referred to in subsection (a) at per student levels that are no less than the amount provided in fiscal year 2005. (b) Limitation on Use of Funds.--Payments made under this section shall only be used to pay public employees for educational services provided in accordance with subsection (a). Payments may not be used for construction, construction contracts, or major capital improvements. (c) Limitation on Amount of Funds.--Payments made under this section shall not exceed the lesser of-- (1) $400,000 in any fiscal year; or (2) the amount necessary to provide students described in subsection (a) with educational services that are normally provided and generally available to students who attend public schools elsewhere in the State of California. (d) Source of Payments.--(1) Except as otherwise provided in this subsection, the Secretary may use funds available to the National Park Service from appropriations, donations, or fees. (2) Funds from the following sources shall not be used to make payments under this section: (A) Any law authorizing the collection or expenditure of entrance or use fees at units of the National Park System, including the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et seq.); the recreational fee demonstration program established under section 315 of the Department of the Interior and Related Agencies Appropriations Act, 1996 (16 U.S.C. 460l-6a note); and the National Park Passport Program established under section 602 of the National Parks Omnibus Management Act of 1998 (16 U.S.C. 5992). (B) Emergency appropriations for flood recovery at Yosemite National Park. (3)(A) The Secretary may use an authorized funding source to make payments under this section only if the funding available to Yosemite National Park from such source (after subtracting any payments to the school districts authorized under this section) is greater than or equal to the amount made available to the park for the prior fiscal year, or in fiscal year 2005, whichever is greater. (B) It is the sense of Congress that any payments made under this section should not result in a reduction of funds to Yosemite National Park from any specific funding source, and that with respect to appropriated funds, funding levels should reflect annual increases in the park's operating base funds that are generally made to units of the National Park System. SEC. 102. AUTHORIZATION FOR PARK FACILITIES TO BE LOCATED OUTSIDE THE BOUNDARIES OF YOSEMITE NATIONAL PARK. (a) Funding Authority for Transportation Systems and External Facilities.--Section 814(c) of the Omnibus Parks and Public Lands Management Act of 1996 (16 U.S.C. 346e) is amended-- (1) in the heading by inserting ``and yosemite national park'' after ``zion national park''; (2) in the first sentence-- (A) by inserting ``and Yosemite National Park'' after ``Zion National Park''; and (B) by inserting ``for transportation systems or'' after ``appropriated funds''; and (3) in the second sentence by striking ``facilities'' and inserting ``systems or facilities''. (b) Clarifying Amendment for Transportation Fee Authority.--Section 501 of the National Parks Omnibus Management Act of 1998 (16 U.S.C. 5981) is amended in the first sentence by striking ``service contract'' and inserting ``service contract, cooperative agreement, or other contractual arrangement''. TITLE II--RANCHO CORRAL DE TIERRA GOLDEN GATE NATIONAL RECREATION AREA BOUNDARY ADJUSTMENT SEC. 201. SHORT TITLE. This title may be cited as the ``Rancho Corral de Tierra Golden Gate National Recreation Area Boundary Adjustment Act''. SEC. 202. GOLDEN GATE NATIONAL RECREATION AREA, CALIFORNIA. (a) Section 2(a) of Public Law 92-589 (16 U.S.C. 460bb-1(a)) is amended-- (1) by striking ``The recreation area shall comprise'' and inserting the following: ``(1) Initial lands.--The recreation area shall comprise''; and (2) by striking ``The following additional lands are also'' and all that follows through the period at the end of the subsection and inserting the following new paragraphs: ``(2) Additional lands.--In addition to the lands described in paragraph (1), the recreation area shall include the following: ``(A) The parcels numbered by the Assessor of Marin County, California, 119-040-04, 119-040-05, 119-040-18, 166-202-03, 166-010-06, 166-010-07, 166-010-24, 166- 010-25, 119-240-19, 166-010-10, 166-010-22, 119-240-03, 119-240-51, 119-240-52, 119-240-54, 166-010-12, 166- 010-13, and 119-235-10. ``(B) Lands and waters in San Mateo County generally depicted on the map entitled `Sweeney Ridge Addition, Golden Gate National Recreation Area', numbered NRA GG-80,000-A, and dated May 1980. ``(C) Lands acquired under the Golden Gate National Recreation Area Addition Act of 1992 (16 U.S.C. 460bb-1 note; Public Law 102-299). ``(D) Lands generally depicted on the map entitled `Additions to Golden Gate National Recreation Area', numbered NPS-80-076, and dated July 2000/PWR-PLRPC. ``(E) Lands generally depicted on the map entitled `Rancho Corral de Tierra Additions to the Golden Gate National Recreation Area', numbered NPS-80,079E, and dated March 2004. ``(3) Acquisition limitation.--The Secretary may acquire land described in paragraph (2)(E) only from a willing seller.''.

Authorizes the Secretary of the Interior to provide funds for FY 2006 through 2009 to the Bass Lake Joint Union Elementary School District and the Mariposa Unified School District in California for educational services for students who: (1) are dependents of persons engaged in the administration, operation, and maintenance of Yosemite National Park; or (2) live within or near the Park upon Federal property. Terminates the Secretary's authority to make such payments if the State of California or local education agencies do not continue to provide funding to the schools in those school districts at per student levels that are no less than the amount provided in fiscal year 2005. Sets forth limitations on the use and amount of such funds, including a maximum limit of $400,000 on payments in any fiscal year. Prohibits payments under this Act from coming from: (1) fees under the Land and Water Conservation Fund Act of 1965; (2) the recreational fee demonstration program; (3) the national park passport program; and (4) emergency appropriations for Yosemite flood recovery. Amends the Omnibus Parks and Public Lands Management Act of 1996 to allow certain facilities to be located outside the boundaries of Yosemite National Park. Rancho Corral de Tierra Golden Gate National Recreation Area Boundary Adjustment Act - Modifies the boundaries of the Golden Gate National Recreation Area in California to include specified additional lands. Allows the Secretary of the Interior to acquire certain of those lands only from a willing seller.

To authorize the Secretary of the Interior to provide supplemental funding and other services that are necessary to assist certain local school districts in the State of California in providing educational services for students attending schools located within Yosemite National Park, to authorize the Secretary of the Interior to adjust the boundaries of the Golden Gate National Recreation Area, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Zero Downpayment Pilot Program Act of 2006''. SEC. 2. PILOT PROGRAM FOR INSURANCE FOR ZERO-DOWNPAYMENT MORTGAGES. (a) Mortgage Insurance Authority.--Section 203 of the National Housing Act (12 U.S.C. 1709) is amended by inserting after subsection (k) the following new subsection: ``(l) Zero-Downpayment Mortgages Pilot Program.-- ``(1) Insurance authority.--The Secretary may insure, and commit to insure, under this subsection any mortgage that meets the requirements of this subsection and, except as otherwise specifically provided in this subsection, of subsection (b). ``(2) Eligible single family property.--To be eligible for insurance under this subsection, a mortgage shall involve a property upon which there is located a dwelling that is designed principally for a 1- to 3-family residence and that, notwithstanding subsection (g), is to be occupied by the mortgagor as his or her principal residence, which shall include-- ``(A) a 1-family dwelling unit in a multifamily project and an undivided interest in the common areas and facilities which serve the project; ``(B) a 1-family dwelling unit of a cooperative housing corporation the permanent occupancy of the dwelling units of which is restricted to members of such corporation and in which the purchase of such stock or membership entitles the purchaser to the permanent occupancy of such dwelling unit; and ``(C) a manufactured home that meets such standards as the Secretary has established for purposes of subsection (b). ``(3) Maximum principal obligation.-- ``(A) Limitation.--To be eligible for insurance under this subsection, a mortgage shall involve a principal obligation in an amount not in excess of 100 percent of the appraised value of the property plus any initial service charges, appraisal, inspection and other fees in connection with the mortgage as approved by the Secretary. ``(B) Inapplicability of other loan-to-value requirements.--A mortgage insured under this subsection shall not be subject to subparagraph (B) of paragraph (2) of subsection (b) or to the matter in such paragraph that follows such subparagraph. ``(4) Eligible mortgagors.--The mortgagor under a mortgage insured under this subsection shall meet the following requirements: ``(A) First-time homebuyer.--The mortgagor shall be a first-time homebuyer. The program for mortgage insurance under this subsection shall be considered a Federal program to assist first-time homebuyers for purposes of section 956 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12713). ``(B) Counseling.-- ``(i) Requirement.--The mortgagor shall have received counseling, prior to application for the loan involved in the mortgage, by a third party (other than the mortgagee) who is approved by the Secretary, with respect to the responsibilities and financial management involved in homeownership. Such counseling shall be provided to the mortgagor on an individual basis by a representative of the approved third party counseling entity, and shall be provided in person to the maximum extent practicable. ``(ii) Topics.--Such counseling shall include providing to, and discussing with, the mortgagor-- ``(I) information regarding homeownership options other than a mortgage insured under this subsection, other zero- or low-downpayment mortgage options that are or may become available to the mortgagor, the financial implications of entering into a mortgage (including a mortgage insured under this subsection), and any other information that the Secretary may require; and ``(II) a document that sets forth the amount and the percentage by which a property subject to a mortgage insured under this subsection must appreciate for the mortgagor to recover the principal amount of the mortgage, the costs financed under the mortgage, and the estimated costs involved in selling the property, if the mortgagor were to sell the property on each of the second, fifth, and tenth anniversaries of the mortgage. ``(iii) 2- and 3-family residences.--In the case of a mortgage involving a 2- or 3-family residence, such counseling shall include (in addition to the information required under clause (ii)) information regarding real estate property management. ``(5) Option for notice of foreclosure prevention counseling availability.-- ``(A) Option.--To be eligible for insurance under this subsection, the mortgagee shall provide mortgagor, at the time of the execution of the mortgage, an optional written agreement which, if signed by the mortgagor, allows, but does not require, the mortgagee to provide notice described in subparagraph (B) to a housing counseling entity that has agreed to provide the notice and counseling required under subparagraph (C) and is approved by the Secretary. ``(B) Notice to counseling agency.--The notice described in this subparagraph, with respect to a mortgage, is notice, provided at the earliest time practicable after the mortgagor becomes 60 days delinquent with respect to any payment due under the mortgage, that the mortgagor is so delinquent and of how to contact the mortgagor. Such notice may only be provided once with respect to each delinquency period for a mortgage. ``(C) Notice to mortgagor.--Upon notice from a mortgagee that a mortgagor is 60 days delinquent with respect to payments due under the mortgage, the housing counseling entity shall at the earliest time practicable notify the mortgagor of such delinquency, that the entity makes available foreclosure prevention counseling that may assist the mortgagor in resolving the delinquency, and of how to contact the entity to arrange for such counseling. ``(D) Ability to cure.--Failure to provide the optional written agreement required under subparagraph (A) may be corrected by sending such agreement to the mortgagor not later than the earliest time practicable after the mortgagor first becomes 60 days delinquent with respect to payments due under the mortgage. Insurance provided under this subsection may not be terminated and penalties for such failure may not be prospectively or retroactively imposed if such failure is corrected in accordance with this subparagraph. ``(E) Penalties for failure to provide agreement.-- The Secretary may establish and impose appropriate penalties for failure of a mortgagee to provide the optional written agreement required under subparagraph (A). ``(F) Limitation on liability of mortgagee.--A mortgagee shall not incur any liability or penalties for any failure of a housing counseling entity to provide notice under subparagraph (C). ``(G) No private right of action.--This paragraph shall not create any private right of action on behalf of the mortgagor. ``(H) Delinquency period.--For purposes of this paragraph, the term `delinquency period' means, with respect to a mortgage, a period that begins upon the mortgagor becoming delinquent with respect to payments due under the mortgage and ends upon the first subsequent occurrence of such payments under the mortgage becoming current or the property subject to the mortgage being foreclosed or otherwise disposed of. ``(6) Inapplicability of downpayment requirement.--A mortgage insured under this subsection shall not be subject to paragraph (9) of subsection (b) or any other requirement to pay on account of the property, in cash or its equivalent, any amount of the cost of acquisition. ``(7) MMIF monitoring.--In conjunction with the credit subsidy estimation calculated each year pursuant to the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.), the Secretary shall review the program performance for mortgages insured under this subsection and make any necessary adjustments, which may include altering mortgage insurance premiums subject to subsection (c)(2), adjusting underwriting standards, and limiting the availability of mortgage insurance under this subsection, to ensure that the Mutual Mortgage Insurance Fund shall continue to generate a negative credit subsidy. ``(8) Underwriting.--For a mortgage to be eligible for insurance under this subsection: ``(A) In general.--The mortgagor's credit and ability to pay the monthly mortgage payments shall have been evaluated using the Federal Housing Administration's Technology Open To Approved Lenders (TOTAL) Mortgage Scorecard, or a similar standardized credit scoring system approved by the Secretary, and in accordance with procedures established by the Secretary. ``(B) Multi-unit properties.--In the case of a mortgage involving a property upon which there is located a dwelling that is designed principally for a 2- or 3-family residence, the mortgagor meets such additional underwriting standards as the Secretary may establish. ``(9) Approval of mortgagees.--To be eligible for insurance under this subsection, a mortgage shall have been made to a mortgagee that meets such criteria as the Secretary shall establish to ensure that mortgagees meet appropriate standards for participation in the program authorized under this subsection. ``(10) Disclosure of incremental costs.-- ``(A) Required disclosure.--For a mortgage to be eligible for insurance under this subsection, the mortgagee shall provide to the mortgagor, at the time of the application for the loan involved in the mortgage, a written disclosure, as the Secretary shall require, that specifies the effective cost to a mortgagor of borrowing the amount by which the maximum amount that could be borrowed under a mortgage insured under this subsection exceeds the maximum amount that could be borrowed under a mortgage insured under subsection (b), based on average closing costs with respect to such amount, as determined by the Secretary. Such cost shall be expressed as an annual interest rate over the first 5 years of a mortgage. ``(B) Coordination.--The disclosure required under this paragraph may be provided in conjunction with the notice required under subsection (f). ``(11) Loss mitigation.-- ``(A) In general.--Upon the default of any mortgage insured under this subsection, the mortgagee shall engage in loss mitigation actions for the purpose of providing an alternative to foreclosure to the same extent as is required of other mortgages insured under this title pursuant to the regulations issued under section 230(a). ``(B) Annual reporting.--Not later than 90 days after the end of each fiscal year, the Secretary shall submit a report to the Congress that compares the rates of default and foreclosure during such fiscal year for mortgages insured under this subsection, for single- family mortgages insured under this title (other than under this subsection), and for mortgages for housing purchased with assistance provided under the downpayment assistance initiative under section 271 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12821). ``(12) Additional requirements.--The Secretary may establish any additional requirements for mortgage insurance under this subsection as may be necessary or appropriate. ``(13) Pilot program limitations.-- ``(A) Annual.--In any fiscal year, the aggregate number of mortgages insured under this subsection may not exceed 10 percent of the aggregate number of mortgages and loans insured by the Secretary under this title during the preceding fiscal year. ``(B) Term of program.--The aggregate number or mortgages insured under this subsection may not exceed 50,000. ``(14) Program suspension.-- ``(A) In general.--Subject to subparagraph (C), the authority under paragraph (1) to insure mortgages shall be suspended if at any time the claim rate described in subparagraph (B) exceeds 3.5 percent. A suspension under this subparagraph shall remain in effect until such time as such claim rate is 3.5 percent or less. ``(B) FHA total single-family annual claim rate.-- The claim rate described in this subparagraph, for any particular time, is the ratio of the number of claims during the 12 months preceding such time on mortgages on 1- to 4-family residences insured pursuant to this title to the number of mortgages on such residences having such insurance in force at that time. ``(C) Applicability.--A suspension under subparagraph (A) shall not preclude the Secretary from endorsing or insuring any mortgage that was duly executed before the date of such suspension. ``(15) Sunset.--No mortgage may be insured under this subsection after September 30, 2010, except that the Secretary may endorse or insure any mortgage that was duly executed before such date. ``(16) GAO reports.--The Comptroller General of the United States shall submit a report to the Congress not later than 2 years after the date of the enactment of this subsection, and annually thereafter, regarding the performance of mortgages insured under this subsection. ``(17) Implementation.--The Secretary may implement this subsection on an interim basis by issuing an interim rule, except that the Secretary shall solicit public comments upon publication of such interim rule and shall issue a final rule implementing this subsection after consideration of the comments submitted.''. (b) Mortgage Insurance Premiums.--The second sentence of subparagraph (A) of section 203(c)(2) of the National Housing Act (12 U.S.C. 1709(c)(2)(A)) is amended by striking ``In'' and inserting ``Except with respect to a mortgage insured under subsection (l), in''. (c) General Insurance Fund.--Section 519(e) of the National Housing Act (12 U.S.C. 1735c(e)) is amended by striking ``and 203(i)'' and inserting ``, 203(i), and 203(l)''. (d) GAO Study of Expanded or Extended Program.--If at any time authority to insure mortgages under section 203(l) of the National Housing Act (as added by subsection (a) of this section) is-- (1) expanded to more than 50,000 mortgages, or (2) extended to a date after September 30, 2010, including any permanent extension of such authority, the Comptroller General of the United States shall conduct a study of the financial soundness, at such time, of the Mutual Mortgage Insurance Fund and the effects of such expansion or extension on such financial soundness, and shall submit a report to the Congress regarding the conclusions of such study not later than 60 days after the date of the enactment of the law providing for such expansion or extension.

Zero Downpayment Pilot Program Act of 2006 - (Sec. 2) Amends the National Housing Act to authorize the Secretary of Housing and Urban Development to insure first-time homeowner zero-downpayment mortgages for one-family residences, including one- to three-unit dwellings, condominiums, cooperatives, and manufactured housing. Requires a mortgage, to be eligible for insurance, to involve a principal obligation of not more than 100% of the property's appraised value plus any initial service charges, appraisal, inspection, and other related fees. Requires independent mortgagor counseling prior to loan application, including specific counseling regarding real estate property management for mortgagors purchasing dwellings with two to three units. Requires the mortgagee to provide the mortgagor with an option for notice of foreclosure prevention counseling, to be provided 60 days after delinquency. Requires the Secretary to monitor and make necessary adjustments to mortgage premiums and underwriting standards, including limiting the availability of mortgage insurance, to ensure that the Mutual Mortgage Insurance Fund (MMIF) shall continue to generate a negative credit subsidy. Requires a mortgagor credit evaluation by the Federal Housing Administration's (FHA) Technology Open To Approved Lenders (TOTAL) Mortgage Scorecard or other standardized credit scoring system. Requires any mortgage involving a property on which is located a dwelling designed principally for a two- or three-family residence to meet any additional underwriting standards the Secretary may establish. Requires a written mortgagee disclosure to the mortgagor of incremental costs. Declares that the aggregate number of mortgages insured under this Act may not exceed 10% of the aggregate number of FHA mortgages and loans insured in the preceding fiscal year. Sets the maximum aggregate number of insured program mortgages under this Act at 50,000. Requires suspension of the program if the FHA single-family claim rate exceeds 3.5%. Sunsets the program after September 30, 2010. Directs the Comptroller General to: (1) report to Congress annually on the performance of mortgages insured under this Act; and (2) study and report to Congress on the financial soundness of the MMIF, and the impact of any expansion or extension upon it, if authority to insure mortgages is either expanded to more than 50,000 mortgages, or is extended to a date after September 30, 2010 (including any permanent extension of such authority).

To authorize the Secretary of Housing and Urban Development to carry out a pilot program to insure zero-downpayment mortgages for one-unit residences.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Coal Ash Reclamation, Environment, and Safety Act of 2009''. SEC. 2. REQUIREMENTS FOR SURFACE STORAGE AND DISPOSAL OF COVERED WASTES IN IMPOUNDMENTS. (a) Regulations.--The Secretary of the Interior shall, within 180 days after the date of enactment of this Act, promulgate regulations that establish design, engineering, and performance standards that provide for safe storage and disposal of covered wastes in impoundments. (b) Impoundment Requirements.--The regulations under subsection (a) shall require that an impoundment for the storage or disposal of covered wastes shall be designed, constructed, and maintained in accordance with requirements that are substantially similar to the requirements that apply to impoundments under paragraphs (8), (11), and (13) of section 515(b) and section 515(f) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1265(b), 1265(f)). (c) Prohibition.--No person shall construct or operate any impoundment for the storage or disposal of covered wastes on any land in any State except in accordance with regulations promulgated under subsection (a). (d) Inspections, Penalties, and Enforcement.--For purposes of sections 517, 518, and 521 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1267, 1268, 1271)-- (1) this section and permitting, design, performance, and other requirements and prohibitions established by the regulations and orders under this section shall be treated as requirements and prohibitions under that Act; and (2) an impoundment for the deposit and maintenance of covered wastes in violation of this section, the regulations this section, or any order under subsection (e) shall be treated as a surface coal mining operation. (e) Pre-Existing Impoundments.-- (1) Limitation on application.--Except as provided in an order under this subsection, the regulations under subsection (a) and subsections (c) and (d) shall not apply to an impoundment for the deposit and maintenance of covered wastes that is in existence on such date of enactment. (2) Inventory.--The Secretary shall, within 12 months after the date of enactment of this Act, complete an inventory of all impoundments for the deposit and maintenance of covered wastes in existence on such date of enactment. The inventory shall include-- (A) an assessment of the design, stability, and engineering of embankments and basin characterization and design of each such impoundment; (B) an assessment of risks to surface and groundwater posed by each such impoundment; and (C) a determination on the degree of risk each such impoundment poses to human and environmental health. (3) Orders.--Based on the assessments and determination of degree of risk under paragraph (2), the Secretary may issue any order necessary to ensure that any such impoundment complies with requirements established by the regulations under this section. (4) Report to congress.--Not later than one year after the date of completion of the inventory under paragraph (2), the Secretary shall report to Congress on the findings and determinations of the inventory. (f) State Programs.--The Secretary shall implement the requirements of this Act pursuant to the regulations promulgated pursuant to subsection (a), except that any State with an approved State program under section 503 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1253) may submit to the Secretary a revision to such State program to incorporate the regulations under subsection (a) subject to the terms and conditions of section 503 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1253). (g) Relationship to Other Law.-- (1) Federal law.--Nothing in this section shall affect any authority under any other Act of Congress to prohibit the construction or operation of any impoundment for the storage or disposal of covered wastes. (2) State law.--Any reclamation, land use, environmental, or public health protection standard or requirement in State statute or regulation with respect to the regulation of impoundments or of the storage or disposal of covered wastes that meets or exceeds the requirements and prohibitions of this section and the regulations issued under this section shall not be construed to be inconsistent with this section or any regulation under this section. (h) In General.--In this section: (1) Covered wastes.--The term ``covered wastes''-- (A) means material referred to as ``other wastes'' in section 515(b)(11) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1265(b)(11)); and (B) includes coal ash, slag, and flue gas desulfurization materials stored or disposed of in liquid, semi-liquid, or solid form. (2) Impoundment.--The term ``impoundment'' means any dam or embankment used to retain covered wastes. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior.

Coal Ash Reclamation, Environment, and Safety Act of 2009 - Directs the Secretary of the Interior to promulgate regulations that: (1) establish design, engineering, and performance standards that provide for safe storage and disposal of covered wastes in impoundments; and (2) contain requirements that are substantially similar to the requirements that apply to impoundments under provisions in the Surface Mining Control and Reclamation Act of 1977 concerning environmental protection performance standards for surface coal mining and reclamation operations and standards and criteria for coal mine waste piles. Prohibits persons from constructing or operating impoundments for the storage or disposal of covered wastes on any land in any state except as in accordance with such regulations. Provides for the monitoring and enforcement of such requirements and prohibitions. Requires the Secretary to complete an inventory of existing impoundments for the deposit and maintenance of covered wastes. Authorizes the Secretary to issue orders necessary to ensure that impoundments comply with requirements. Defines the term "covered wastes" to mean wastes in areas other than the mine working or excavations, including coal ash, slag, and flue gas desulfurization materials stored or disposed of in liquid, semi-liquid, or solid form.

To direct the Secretary of the Interior to promulgate regulations concerning the storage and disposal of matter referred to as "other wastes" in the Surface Mining Control and Reclamation Act of 1977, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Higher Education Loan Plan Act of 2003''. SEC. 2. INTEREST RATES ON STUDENT LOANS. (a) Interest Rate Changes.--Section 427A of the Higher Education Act of 1965 (20 U.S.C. 1077a) is amended by striking subsections (k) and (l) and inserting the following: ``(k) Interest Rates for New Loans on or After October 1, 1998, and Before the Date of Enactment of the Higher Education Loan Plan Act of 2003.-- ``(1) In general.--Notwithstanding subsection (h) and subject to paragraph (2), with respect to any loan made, insured, or guaranteed under this part (other than a loan made pursuant to section 428B or 428C) for which the first disbursement is made on or after October 1, 1998, and before the date of enactment of the Higher Education Loan Plan Act of 2003, the applicable rate of interest shall, during any 12- month period beginning on July 1 and ending on June 30, be determined on the preceding June 1 and be equal to-- ``(A) the bond equivalent rate of 91-day Treasury bills auctioned at the final auction held prior to such June 1; plus ``(B) 2.3 percent, except that such rate shall not exceed 8.25 percent. ``(2) In school and grace period rules.--Notwithstanding subsection (h), with respect to any loan under this part (other than a loan made pursuant to section 428B or 428C) for which the first disbursement is made on or after October 1, 1998, and before the date of enactment of the Higher Education Loan Plan Act of 2003, the applicable rate of interest for interest which accrues-- ``(A) prior to the beginning of the repayment period of the loan; or ``(B) during the period in which principal need not be paid (whether or not such principal is in fact paid) by reason of a provision described in section 427(a)(2)(C) or 428(b)(1)(M), shall be determined under paragraph (1) by substituting `1.7 percent' for `2.3 percent'. ``(3) PLUS loans.--Notwithstanding subsection (h), with respect to any loan under section 428B for which the first disbursement is made on or after October 1, 1998, and before the date of enactment of the Higher Education Loan Plan Act of 2003, the applicable rate of interest shall be determined under paragraph (1)-- ``(A) by substituting `3.1 percent' for `2.3 percent'; and ``(B) by substituting `9.0 percent' for `8.25 percent'. ``(4) Consolidation loans.--With respect to any consolidation loan under section 428C for which the application is received by an eligible lender on or after October 1, 1998, and before the date of enactment of the Higher Education Loan Plan Act of 2003, the applicable rate of interest shall be at an annual rate on the unpaid principal balance of the loan that is equal to the lesser of-- ``(A) the weighted average of the interest rates on the loans consolidated, rounded to the nearest higher one-eighth of 1 percent; or ``(B) 8.25 percent. ``(5) Consultation.--The Secretary shall determine the applicable rate of interest under this subsection after consultation with the Secretary of the Treasury and shall publish such rate in the Federal Register as soon as practicable after the date of determination. ``(l) Interest Rates for New Loans on or After the Date of Enactment of the Higher Education Loan Plan Act of 2003.-- ``(1) In general.--Notwithstanding subsection (h) and subject to paragraph (2), with respect to any loan made, insured, or guaranteed under this part (other than a loan made pursuant to section 428B or 428C) for which the first disbursement is made on or after the date of enactment of the Higher Education Loan Plan Act of 2003, the applicable rate of interest shall, during any 12-month period beginning on July 1 and ending on June 30, be determined on the preceding June 1 and be equal to-- ``(A) the bond equivalent rate of 91-day Treasury bills auctioned at the final auction held prior to such June 1; plus ``(B) 2.3 percent, except that such rate shall not exceed 7.75 percent. ``(2) In school and grace period rules.--Notwithstanding subsection (h), with respect to any loan under this part (other than a loan made pursuant to section 428B or 428C) for which the first disbursement is made on or after the date of enactment of the Higher Education Loan Plan Act of 2003, the applicable rate of interest for interest which accrues-- ``(A) prior to the beginning of the repayment period of the loan; or ``(B) during the period in which principal need not be paid (whether or not such principal is in fact paid) by reason of a provision described in section 427(a)(2)(C) or 428(b)(1)(M), shall be determined under paragraph (1) by substituting `1.7 percent' for `2.3 percent'. ``(3) PLUS loans.--Notwithstanding subsection (h), with respect to any loan under section 428B for which the first disbursement is made on or after the date of enactment of the Higher Education Loan Plan Act of 2003, the applicable rate of interest shall be determined under paragraph (1)-- ``(A) by substituting `3.1 percent' for `2.3 percent'; and ``(B) by substituting `8.5 percent' for `7.75 percent'. ``(4) Consolidation loans.--With respect to any consolidation loan under section 428C for which the application is received by an eligible lender on or after the date of enactment of the Higher Education Loan Plan Act of 2003, the applicable rate of interest shall, during any 12-month period beginning on July 1 and ending on June 30, be determined on the preceding June 1 and be equal to-- ``(A) the bond equivalent rate of 91-day Treasury bills auctioned at the final auction held prior to such June 1; plus ``(B) 2.3 percent, except that such rate shall not exceed 7.75 percent.''. (b) Special Allowance Conforming Changes.--Section 438(b)(2) of the Higher Education Act of 1965 (20 U.S.C. 1087-1(b)(2)) is amended by striking ``July 1, 2006'' each place it appears in clauses (ii), (v), and (vii) of subparagraph (I), including in the headings of such clauses, and inserting ``the date of enactment of the Higher Education Loan Plan Act of 2003''. (c) Additional Conforming Amendments.--Section 428C(c)(1) of the Higher Education Act of 1965 (20 U.S.C. 1078-3(c)(1)) is amended by striking ``July 1, 2006'' each place it appears and inserting ``the date of enactment of the Higher Education Loan Plan Act of 2003''.

Higher Education Loan Plan Act of 2003 - Amends the Higher Education Act of 1965 to provide for variable interest rates on student (Stafford) loans, consolidation loans (which currently have fixed rates), and parent (PLUS) loans. Revises formulas for determining such variable interest rates for student loans, consolidation, loans, and parent loans based on the bond equivalent rate for 91-day Treasury bills and specified additional percentages. Caps at specified levels interest rates for new loans during an interim period from October 1, 1998, up to the enactment of this Act. Caps the interest rates for new loans on or after such enactment date for: (1) student loans and consolidation loans at 7.75 percent; and (2) parent loans at 8.5 percent.

A bill to amend title IV of the Higher Education Act of 1965 to provide for variable interest rates on student loans.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Investing in Our Children's Health Act of 1998''. SEC. 2. EXCLUSION FROM GROSS INCOME FOR DIVIDENDS FROM TOBACCO COMPANIES WHICH MEET YOUTH SMOKING REDUCTION TARGETS. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically excluded from gross income) is amended by inserting after section 115 the following new section: ``SEC. 116. DIVIDENDS FROM TOBACCO COMPANIES WHICH ACHIEVE YOUTH SMOKING REDUCTION TARGETS. ``(a) In General.--In the case of an individual, gross income does not include any dividend paid by a corporation to the extent such dividend is attributable to qualifying earnings and profits. ``(b) Qualifying Earnings and Profits.-- ``(1) In general.--For purposes of this section, the term `qualifying earnings and profits' means earnings and profits-- ``(A) which are from the manufacture in, or the importation into, the United States of any tobacco product, and ``(B) which are for any taxable year beginning in a calendar year with respect to which there has been a reduction in the underage use of such product of not less than the applicable percentage of the baseline level. ``(2) Applicable percentage.--For purposes of subparagraph (A), the applicable percentage for any taxable year is the applicable percentage determined under the following table for the calendar year in which such taxable year begins. Applicable Calendar year: percentage: 2002.......................................... 10 2003.......................................... 20 2004.......................................... 30 2005.......................................... 40 2006.......................................... 50 2007.......................................... 60 2008.......................................... 70 2009.......................................... 80 2010 or thereafter............................ 90. ``(c) Youth Smoking Reduction Target.--For purposes of this section, the baseline level for any tobacco product manufactured or imported by any corporation, and whether the requirement of subsection (b)(2) has been met, shall be determined by the Secretary of Health and Human Services in accordance with section 3 of the Investing in Our Children's Health Act of 1998. ``(d) Special Rules.--For purposes of this section-- ``(1) A dividend from a regulated investment company shall be subject to the limitation prescribed in section 854(c). ``(2) The amount of dividends properly allocable to a beneficiary under section 652 or 662 shall be deemed to have been received by the beneficiary ratably on the same date that the dividends were received by the estate or trust. ``(e) Certain Nonresident Aliens Ineligible for Exclusion.--In the case of a nonresident alien individual, subsection (a) shall apply only-- ``(1) 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 ``(2) in determining the tax imposed for the taxable year pursuant to section 877(b).'' (b) Conforming Amendments.-- (1) Subsection (c) of section 584 of such Code is amended by adding at the end the following new 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.'' (2) Subsection (a) of section 643 of such Code is amended by inserting after paragraph (7) the following new paragraph: ``(8) Dividends.--There shall be included the amount of any dividends excluded from gross income pursuant to section 116.'' (3) Section 854 of such Code is amended by adding at the end the following new subsection: ``(c) Treatment Under Section 116.-- ``(1) In general.--For purposes of section 116, in the case of any dividend (other than a dividend described in subsection (a)) received from a regulated investment company which meets the requirements of section 852 for the taxable year in which it paid the dividend, a portion of such dividend shall be treated as excludable under section 116 based on the portion of the company's gross income (determined without regard to gain from the sale or other disposition of stock or securities) which consists of dividends which are so excludable. ``(2) Notice to shareholders.--The amount of any distribution by a regulated investment company which may be taken into account as a dividend for purposes of the exclusion under section 116 shall not exceed the amount so designated by the company in a written notice to its shareholders mailed not later than 45 days after the close of its taxable year.'' (4) 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. Dividends from tobacco companies which achieve youth smoking reduction targets.'' (c) Effective Date.--The amendments made by this section shall apply with respect to taxable years beginning after the date of the enactment of this Act. SEC. 3. CHILD TOBACCO USE SURVEYS. (a) Annual Performance Survey.--Not later than October 1, 1999, and annually thereafter, the Secretary of Health and Human Services (hereafter in this section referred to as the ``Secretary'') shall conduct a survey to determine-- (1) the percentage of all young individuals who used a type of tobacco product within the 30-day period prior to the conduct of the survey; and (2) the percentage of young individuals who identify each brand of each type of tobacco product as the usual brand smoked or used within such 30-day period. (b) Young Individuals.--For the purposes of this section, the term ``young individuals'' means individuals who are under 18 years of age. (c) Baseline Level.-- (1) In general.--For the purposes of this section, the term ``baseline level'' means, with respect to each type of tobacco product, the percentage of young individuals determined to have used such tobacco products in the annual performance survey described in subsection (a) completed by October 1, 1999. (2) Manufacturer's baseline level.--For the purposes of this section, the term ``manufacturer's baseline level'' means, with respect to each type of tobacco product, the percentage of young individuals determined to have identified a brand of each such tobacco product of such manufacturer as the usual brand smoked or used in the annual performance survey described in subsection (a) completed by October 1, 1999. (3) Use of certain data or methodology.-- (A) In general.--For purposes of determining the percentages under paragraphs (1) and (2), the Secretary may use the data collected through national surveys of young individuals. Such surveys shall-- (i) be based on a nationally representative sample of at least 20,000 completed interviews of young individuals; (ii) be on a household-based in person survey; (iii) measure the use of tobacco product within the past 30 days; (iv) identify the usual brand of each type of tobacco product used within the past 30 days; and (v) calculate the actual percentage reductions in the underage use of a type of tobacco product (or, in the case of the manufacturer-specific surcharge, the use of a type of tobacco product of a manufacturer) based on the point estimates from the annual performance survey. For purposes of clause (iv), point estimates shall be deemed acceptable for measuring compliance with percentage reduction targets and for calculating surcharges if the precision of estimates of the proportion of young individuals reporting the use of a type of tobacco product (or, in the case of the manufacturer-specific surcharge, the use of a type of tobacco product of a manufacturer) for the purpose of measuring compliance with percentage reduction targets and calculating surcharges without regard to the 95 percent confidence interval around such point estimates if the precision of estimates of the percentage of young individuals reporting use of a type of tobacco product (or, in the case of the manufacturer-specific surcharge, the use of a type of tobacco product of a manufacturer) is such that the 95 percent confidence interval around such point estimates is no more than plus or minus 1 percent. (B) Conclusive accurateness.--A survey using the methodology described in subparagraph (A) shall be deemed conclusively proper, correct, and accurate for purposes of this Act. The Secretary may, by notice and comment rulemaking, subsequently adopt a different survey methodology. (C) Final determination.--The determination of the Secretary as to the amount and allocation of the surcharge under this section shall be final and the manufacturer shall pay such surcharge within 30 days of the date on which the manufacturer is assessed. Such payment shall be retained by the Secretary pending final judicial review of what, if any, change in the surcharge is appropriate. (D) Review.--The amount of any surcharge paid under this section shall be subject to judicial review by the United States Court of Appeals for the District of Columbia Circuit, based on the arbitrary and capricious standard of section 706 of title 5, United States Code. Notwithstanding any other provision of law, no court shall have the authority to stay any surcharge payment due to the Secretary under this section pending judicial review until the Secretary has made or failed to make a compliance determination, as described under this section, that has adversely affected the person seeking the review. (E) Nonapplicability.--Chapter 35 of title 44, United States Code, shall not apply to information required for the purposes of carrying out this subsection. (F) Amendment to public health service act.-- Section 308(d) of the Public Health Service Act (42 U.S.C. 242m(d)) is amended-- (i) by inserting after ``or 307'' the following: ``, or a survey conducted under section 132 of the KIDS Act,''; and (ii) by inserting after ``or 306'' the following: ``, or in the course of a survey conducted under section 132 of the KIDS Act,''. (d) Administration.-- (1) Technical adjustments.--The Secretary may make technical changes in the manner in which the surveys are conducted under this section to reflect improved methodology so long as adjustments are made to ensure that the results of the surveys are comparable from year to year. (2) Participation in survey.--Notwithstanding any other provision of law, the Secretary may conduct a survey under this section involving minors if the results of such survey with respect to such minors are kept confidential and not disclosed. (e) Tobacco Product.--For the purposes of this section, cigarettes, cigars, little cigars, snuff, chewing tobacco, pipe tobacco, and roll- your-own tobacco shall each be considered as a separate type of tobacco product.

Investing in Our Children's Health Act of 1998 - Amends the Internal Revenue Code to exclude from an individual's gross income any income from dividends paid by a tobacco company which meets specified youth smoking reduction targets. Provides for annual child tobacco use surveys.

Investing in Our Children's Health Act of 1998

SECTION 1. SHORT TITLE, FINDINGS, AND PURPOSE. (a) Short Title.--This Act may be cited as the ``Rocky Flats Minerals Acquisition Act''. (b) Findings.--The Congress finds the following: (1) Pursuant to the Rocky Flats Wildlife Refuge Act of 2001 (Subtitle F of Public Law 107-107), upon completion of its cleanup and closure, the Rocky Flats Environmental Technology Site, in Colorado, will be transferred to the Department of the Interior and managed as a unit of the National Wildlife Refuge System. (2) Acquisition by the United States of certain mineral rights associated with Rocky Flats is desirable in order to-- (A) further sound management of the site as a wildlife refuge; and (B) reduce the long-term responsibility of the Department of Energy. (3) The likelihood of acquiring such rights will be increased by providing the Secretary of the Interior with additional methods for completion of the acquisition. (c) Purpose.--The purpose of this Act is to facilitate acquisition of mineral and other rights associated with the Rocky Flats site by authorizing the Secretary of the Interior to convey to the owners of such rights, with the concurrence of such owners, monetary credits or interests in certain public lands, instead of or in addition to making cash payments for such rights. SEC. 2. AUTHORITY TO ACQUIRE MINERAL INTERESTS. Section 3174 of Public Law 107-107 (115 Stat. 1381) is amended by adding at the end the following: ``(g) Acquisition of Mineral Rights.-- ``(1) In general.--The Secretary of the Interior may acquire mineral interests, including interests in sand and gravel, and any other non-Federal interests in lands or waters, within Rocky Flats by-- ``(A) purchase with funds available to the Secretary for such purpose; ``(B) exchange under section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716); ``(C) issuance of credits in an amount equal to some or all of the market value of the mineral or other interests acquired, with the concurrence of the person transferring such interests to the United States; or ``(D) any combination of the means described in subparagraphs (A), (B), and (C). ``(2) Definition of credits.--For purposes of this subsection, the term `credits' means appropriate legal instruments or other written documentation, or an entry in an account managed by the Secretary of the Interior, that can be used in lieu of any other monetary payment-- ``(A) for bonus bids for lease sales on the Outer Continental Shelf; or ``(B) for royalty due on oil or gas production under any lease of an area located on the Outer Continental Shelf outside the zone described in section 8(g)(2) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(g)(2)). ``(3) Transferability of credits.--Any credits issued under this subsection shall be freely transferable to any other person, if the transferor notifies the Secretary of the Interior of the transfer by such method as the Secretary may specify. ``(4) Expiration.--Any credits issued under this subsection must be used within 10 years after the date on which they are issued. ``(5) Acquisition through exchange.-- ``(A) Same-state restriction not applicable.--The requirement under section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)) that lands or interests exchanged under that section must be located in the same State shall not apply to land (or an interest in land) in Rocky Flats that is acquired by the United States in an exchange under that section. ``(B) Limitation.--(i) Nothing in this subsection shall be construed as authorizing disposal of any public land or interest therein that has not been identified as suitable for disposal pursuant to section 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1713). ``(ii) No lands or interests therein outside the exterior boundaries of Rocky Flats may be acquired by the Federal Government for the purposes of this Act except with the consent of the owner thereof. ``(6) Management of acquired interests.--Any interests acquired by the United States under this subsection shall be managed by the Secretary of the Interior under the standards that apply to the Rocky Flats National Wildlife Refuge. No minerals acquired under this subsection shall be subject to development or disposal by the United States or any other party under any law related to minerals owned by the United States. ``(7) Relation to other authority.--The authorities provided to the Secretary of the Interior by this subsection are in addition to any other authority available to the Secretary with regard to acquisition of non-Federal interests located within Rocky Flats.''.

Rocky Flats Minerals Acquisition Act - Amends Federal law to permit the Secretary of the Interior to acquire mineral interests, including interests in sand and gravel, within Rocky Flats, Colorado, by purchase, exchange, issuance of credits, or any combination. Defines credits as legal instruments or other written documentation, or an entry in an account managed by the Secretary, that can be used in lieu of any other monetary payment for: (1) bonus bids for lease sales on the Outer Continental Shelf; or (2) royalty due on any oil or gas production under any lease of an area located in a specified part of the Outer Continental Shelf. Declares that the requirement under the Federal Land Policy and Management Act of 1976 that lands or interests exchanged must be located in the same State shall not apply to land or an interest in land in Rocky Flats that is acquired by the United States in an exchange. States that any interests acquired by the United States under this Act shall be managed by the Secretary under the standards that apply to the Rocky Flats National Wildlife Refuge. Declares that no minerals acquired under this Act shall be subject to development or disposal by the United States or any other party under any law related to minerals owned by the United States.

To facilitate acquisition by the Secretary of the Interior of certain mineral rights, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Aeronautical Research and Competitiveness Act of 1993''. SEC. 2. FINDINGS. The Congress finds that-- (1) aircraft production in the United States affects nearly 80 percent of the economy; (2) for every dollar increase in shipments of United States aircraft internationally, the United States economy output increases by an estimated $2.30; (3) for every $1,000,000,000 of aircraft shipments internationally, nearly 35,000 jobs are created; (4) many of the advanced aircraft technologies developed by the National Aeronautics and Space Administration and the Department of Defense have application in design, development, testing, and production for both civil aircraft and military aircraft; (5) a decrease in military aviation programs will have a negative impact on civil aviation programs; (6) the National Aeronautics and Space Administration has found that it must strengthen its capabilities and take a more assertive role in coordinating and facilitating long-term United States aeronautical research efforts; (7) research programs at the National Aeronautics and Space Administration that have potential applications in both military and civil aviation include wind tunnels and wind tunnel technology, high-speed research technology, rotorcraft technology, high performance aircraft technology, supersonic technology, and others; (8) joint technology development programs among the Department of Defense, the National Aeronautics and Space Administration, and industry would allow for transferring skills and technologies from the defense to the civilian aerospace sector and would allow for the transfer back to defense, when necessary; and (9) such joint programs could allow for the Department of Defense contribution to the programs to be phased out over 5 years, which would allow the defense industry to make the transfer to the civilian aerospace sector and produce needed aerospace technology. SEC. 3. JOINT AERONAUTICAL RESEARCH AND DEVELOPMENT PROGRAM. (a) Establishment.--The Administrator and the Secretary shall jointly establish a program for the purpose of conducting research on aeronautical technologies that have application to both military and civil aeronautical vehicles and that enhance United States competitiveness. Such program shall include research on-- (1) next-generation wind tunnel and advanced wind tunnel instrumentation technology; (2) advanced engine materials, engine concepts, and testing of propulsion systems or components of the high-speed civil transport research program; (3) high performance aircraft research; (4) advanced rotorcraft research; (5) advanced hypersonic aeronautical research; (6) environmentally compatible technologies, including technologies that limit or reduce noise and air pollution; and (7) relevant human factors, including the human factors which may affect or be affected by the transfer of aeronautical technologies from the military sector to the civil sector. (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 Secretary and the Administrator. These procedures should include scientific peer review and an integrated acquisition policy for contract and grant requirements and for technical data rights that are not an impediment to joint programs among the Department of Defense, the National Aeronautics and Space Administration, and industry. SEC. 4. AERONAUTICAL RESEARCH PLAN. (a) Requirement.--Within 180 days after the date of the enactment of this Act, the Administrator and the Secretary, in consultation with the advisory committee, shall prepare and transmit to Congress a national aeronautical research plan setting forth the research and development that the Administrator and the Secretary consider necessary to advance aeronautical technologies over the 5-year period beginning in fiscal year 1993. (b) Objectives of Plan.--The objectives of the plan prepared under subsection (a) shall include-- (1) selected programs that jointly enhance public and private aeronautical technology development; (2) an opportunity for private defense contractors to be involved in transition activities to the civilian sector; and (3) the transfer of Federal Government-developed technologies to the private sector to promote economic strength and competitiveness. (c) Contents of Plan.--The plan prepared under subsection (a) shall include-- (1) for the first year, detailed objectives and estimates of the schedule, cost, and manpower levels for each research project, and a description of the scope and content of each major contract or grant; (2) for the second through fifth years, estimates of the total cost of each major project for such year and a list of all major research projects which may be required to meet the objectives; (3) a 5-year schedule for the decrease of Federal contribution and corresponding increase in private sector contributions for the research and development program; and (4) the portion of the Federal contribution that each Federal agency will contribute. (d) Annual Update.--The plan prepared under subsection (a) shall be updated annually, to reflect changes in global aviation technologies and United States competitiveness. SEC. 5. ADVISORY COMMITTEE. (a) Establishment.--Within 90 days after the date of enactment of this Act, the Administrator and the Secretary shall establish an Aeronautical Research Advisory Committee. (b) Purposes.--The purposes of the advisory committee shall be-- (1) to provide advice and recommendations to the Administrator and the Secretary regarding needs, objectives, approaches, content, funding levels, and accomplishments with respect to the aeronautical research program established under section 3; (2) to advise the Administrator and the Secretary on the preparation of the aeronautical research plan under section 4, including annual updates thereto; (3) to evaluate the technologies underway in the private sector, other Federal agencies, and other countries that will lead to the development of dual-use technologies and programs, and to make recommendations for future dual-use technology needs, taking into account the need to avoid duplication of effort; (4) to propose long-term research needs; and (5) to assess international competition. (c) Membership.--The advisory committee shall be composed of not more than 20 members, to be appointed jointly by the Administrator and the Secretary, from among persons who are not employees of the National Aeronautics and Space Administration or the Department of Defense and who are especially qualified to serve on the advisory committee by virtue of their education, training, or experience. In appointing members of the advisory committee, the Administrator and the Secretary shall ensure that universities, corporations, associations, industry, and other Federal agencies are represented. The majority of the members of the advisory committee shall be representatives of industry. (d) Chairperson.--The Administrator and the Secretary shall designate one member of the advisory committee as the chairperson, who shall be qualified in both military and civil aeronautical research, and in the applications of such research. (e) Subordinate Committees.--The Administrator and the Secretary, or the advisory committee, may establish subordinate committees to the advisory committee to provide advice and recommendations on specific areas of research conducted under this Act. (f) Administrative and Support Services.--The Administrator shall provide support staff and, on the request of the advisory committee, such information, administrative services, and supplies as the Administrator determines are necessary for the advisory committee to carry out its purposes. (g) Termination.--Section 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. App.; relating to the termination of advisory committees) shall not apply to the advisory committee. SEC. 6. DEFINITIONS. For purposes of this Act-- (1) the term ``Administrator'' means the Administrator of the National Aeronautics and Space Administration; (2) the term ``advisory committee'' means the Aeronautical Research Advisory Committee established under section 5; and (3) the term ``Secretary'' means the Secretary of Defense.

National Aeronautical Research and Competitiveness Act of 1993 - Directs the Administrator of the National Aeronautics and Space Administration and the Secretary of Defense to: (1) establish a joint military and civilian aeronautical research and development program; (2) prepare and transmit to the Congress a five-year aeronautical research plan; and (3) establish an Aeronautical Research Advisory Committee.

National Aeronautical Research and Competitiveness Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tribal Transportation Program Improvement Act of 2002''. SEC. 2. INDIAN RESERVATION ROADS. (a) Authorization of Appropriations.--Section 1101(a)(8)(A) of the Transportation Equity Act for the 21st Century (112 Stat. 112) is amended by striking ``of such title'' and all that follows and inserting ``of that title-- ``(i) $225,000,000 for fiscal year 1998; ``(ii) $275,000,000 for each of fiscal years 1999 through 2003; ``(iii) $350,000,000 for fiscal year 2004; ``(iv) $425,000,000 for fiscal year 2005; and ``(v) $500,000,000 for each of fiscal years 2006 through 2009.''. (b) Obligation Ceiling.--Section 1102(c)(1) of the Transportation Equity Act for the 21st Century (23 U.S.C. 104 note; 112 Stat. 116) is amended-- (1) by striking ``distribute obligation'' and inserting the following: ``distribute-- ``(A) obligation''; (2) by inserting ``and'' after the semicolon at the end; and (3) by adding at the end the following: ``(B) for any fiscal year after fiscal year 2003, any amount of obligation authority made available for Indian reservation road bridges under section 202(d)(4), and for Indian reservation roads under section 204, of title 23, United States Code;''. (c) Additional Authorization of Contract Authority for States With Indian Reservations.--Section 1214(d)(5)(A) of the Transportation Equity Act for the 21st Century (23 U.S.C. 202 note; 112 Stat. 206) is amended by inserting before the period at the end the following: ``, $3,000,000 for each of fiscal years 2004 and 2005, $4,000,000 for each of fiscal years 2006 and 2007, and $5,000,000 for each of fiscal years 2008 and 2009''. (d) Indian Reservation Road Bridges.--Section 202(d)(4) of title 23, United States Code, is amended-- (1) in subparagraph (B)-- (A) by striking ``(B) Reservation.--Of the amounts'' and all that follows through ``to replace,'' and inserting the following: ``(B) Funding.-- ``(i) Reservation of funds.-- Notwithstanding any other provision of law, there is authorized to be appropriated from the Highway Trust Fund $15,000,000 for each of fiscal years 2004 through 2009 to carry out planning, design, engineering, construction, and inspection of projects to replace,''; and (B) by adding at the end the following: ``(ii) Availability.--Funds made available to carry out this subparagraph shall be available for obligation in the same manner as if the funds were apportioned under chapter 1.''; and (2) in subparagraph (D)-- (A) by striking ``(D) Approval requirement.--'' and inserting the following: ``(D) Approval and need requirements.--''; and (B) by striking ``only on approval of the plans, specifications, and estimates by the Secretary.'' and inserting ``only-- ``(i) on approval by the Secretary of plans, specifications, and estimates relating to the projects; and ``(ii) in amounts directly proportional to the actual need of each Indian reservation, as determined by the Secretary based on the number of deficient bridges on each reservation and the projected cost of rehabilitation of those bridges.''. (e) Fair and Equitable Distribution.--Section 202(d) of title 23, United States Code, is amended by adding at the end the following: ``(5) Fair and equitable distribution.--To ensure that the distribution of funds to an Indian tribe under this subsection is fair, equitable, and based on valid transportation needs of the Indian tribe, the Secretary shall-- ``(A) verify the existence, as of the date of the distribution, of all roads that are part of the Indian reservation road system; and ``(B) distribute funds based only on those roads.''. (f) Indian Reservation Roads Planning.--Section 204(j) of title 23, United States Code, is amended in the first sentence by striking ``2 percent'' and inserting ``4 percent''. SEC. 3. INDIAN RESERVATION RURAL TRANSIT PROGRAM. Section 5311 of title 49, United States Code, is amended by adding at the end the following: ``(k) Indian Reservation Rural Transit Program.-- ``(1) Definition of indian tribe.--In this subsection, the term `Indian tribe' has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b). ``(2) Program.-- ``(A) In general.--The Secretary of Transportation shall establish and carry out a program to provide competitive grants to Indian tribes to establish rural transit programs on reservations or other land under the jurisdiction of the Indian tribes. ``(B) Amount of grants.--The amount of a grant provided to an Indian tribe under subparagraph (A) shall be based on the need of the Indian tribe, as determined by the Secretary of Transportation. ``(3) Funding.--Notwithstanding any other provision of law, for each fiscal year, of the amount made available to carry out this section under section 5338 for the fiscal year, the Secretary of Transportation shall use $20,000,000 to carry out this subsection.''. SEC. 4. SENSE OF CONGRESS REGARDING INDIAN RESERVATION ROADS. (a) Findings.--Congress finds that-- (1) the maintenance of roads on Indian reservations is a responsibility of the Bureau of Indian Affairs; (2) amounts made available by the Federal Government as of the date of enactment of this Act for maintenance of roads on Indian reservations under section 204(c) of title 23, United States Code, comprise only 30 percent of the annual amount of funding needed for maintenance of roads on Indian reservations in the United States; and (3) any amounts made available for construction of roads on Indian reservations will be wasted if those roads are not properly maintained. (b) Sense of Congress.--It is the sense of Congress that Congress should annually provide to the Bureau of Indian Affairs such funding as is necessary to carry out all maintenance of roads on Indian reservations in the United States.

Tribal Transportation Program Improvement Act of 2002 - Amends the Transportation Equity Act for the 21st Century to authorize appropriations for Indian reservation roads under the Federal Lands Highways Program through FY 2009.Prohibits the Secretary of Transportation from distributing, for years after FY 2003, any amount of obligation authority made available for Indian reservation road bridges and roads.Authorizes appropriations to carry out the planning, design, engineering, construction, and inspection of certain projects concerning deficient Indian reservation road bridges through FY 2009.Raises from two percent to four percent the ceiling for the amount of funds made available for Indian reservation roads for each fiscal year that may be allocated to Indian tribal governments applying for transportation planning pursuant to the Indian Self-Determination and Education Assistance Act.Directs the Secretary of Transportation to issue grants to Indian tribes to establish rural transit programs on reservations or other land under the jurisdiction of the tribes. Authorizes appropriations.Expresses the sense of Congress that: (1) the maintenance of roads on Indian reservations is a responsibility of the Bureau of Indian Affairs; and (2) Congress should annually provide to the Bureau such funding as is necessary to carry out all maintenance of roads on Indian reservations.

A bill to amend the Transportation Equity Act for the 21st Century to provide the Highway Trust Fund additional funding for Indian reservation roads, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Housing Assistance Authorization Act of 2007''. SEC. 2. LIMITATION ON USE OF AUTHORIZED AMOUNTS. None of the amounts authorized by this Act may be used to lobby, or retain a lobbyist, for the purpose of influencing a Federal, State, or local governmental entity or officer. SEC. 3. ASSISTANCE FOR THE NATIONAL URBAN LEAGUE. (a) Use.--The Secretary of Housing and Urban Development may make a grant to the National Urban League for the purpose of providing technical and financial assistance to local non-profit organizations to undertake community development and affordable housing projects and programs serving low- and moderate-income households, particularly through organizations located in neighborhoods with substantial populations of African American income-disadvantaged households. Assistance provided by the Secretary under this section may be used by National Urban League to-- (1) provide technical and financial assistance for site acquisition and development, construction financing, and short- and long-term financing for housing, community facilities, and economic development; (2) leverage capital from private entities, including private financial institutions, insurance companies, and private philanthropic organizations; (3) provide technical assistance, training, support, and advice to develop the management, financial, and administrative capabilities of housing development organizations serving low- income households, including African American households; and (4) conduct such other activities as may be determined by the Secretary and the National Urban League. (b) Authorization of Appropriations.--There is authorized to be appropriated for grants under this section-- (1) $5,000,000 for fiscal year 2008; and (2) $10,000,000 for each of fiscal years 2009 and 2010. SEC. 4. ASSISTANCE FOR RAZA DEVELOPMENT FUND. (a) Use.--The Secretary of Housing and Urban Development may make a grant to the Raza Development Fund for the purpose of providing technical and financial assistance to local non-profit organizations to undertake community development and affordable housing projects and programs serving low- and moderate-income households, particularly through organizations located in neighborhoods with substantial populations of income-disadvantaged households of Hispanic origin. Assistance provided by the Secretary under this section may be used by the Raza Development Fund to-- (1) provide technical and financial assistance for site acquisition and development, construction financing, and short- and long-term financing for housing, community facilities, and economic development; (2) leverage capital from private entities, including private financial institutions, insurance companies, and private philanthropic organizations; (3) provide technical assistance, training, support, and advice to develop the management, financial, and administrative capabilities of housing development organizations serving low- income households, including Hispanic households; and (4) conduct such other activities as may be determined by the Secretary and the Raza Development Fund. (b) Authorization of Appropriations.--There is authorized to be appropriated for grants under this section-- (1) $5,000,000 for fiscal year 2008; and (2) $10,000,000 for each of fiscal years 2009 and 2010. SEC. 5. ASSISTANCE FOR THE HOUSING PARTNERSHIP NETWORK. (a) Use.--The Secretary of Housing and Urban Development may make a grant to the Housing Partnership Network (in this section referred to as the ``Network'') for the purpose of creating, sustaining, and improving access to affordable housing and community facilities that benefit very low-, low-, and moderate-income households and communities. Assistance provided by the Secretary under this section may be used by the Network to-- (1) make investments, loans, and grants to its member nonprofits that demonstrate expertise in using such funds to leverage additional private capital to build, operate, finance, and sustain affordable housing and related community development facilities; (2) make investments in entities sponsored by the Network with the intent to leverage additional private capital for the purpose of furthering the production capacity, sustainability, or efficiency of its members; (3) pay for the necessary and reasonable expenses of the Network to administer and oversee such investments, including the cost of underwriting, managing the assets of the Network, and reporting to the Secretary and other capital providers, provided however, that such expenses do not exceed 6 percent of any amounts made available pursuant to subsection (b); and (4) conduct such other activities as may be determined by the Secretary and the Network. (b) Authorization of Appropriations.--There is authorized to be appropriated for grants under this section-- (1) $5,000,000 for fiscal year 2008; and (2) $10,000,000 for each of fiscal years 2009 and 2010. SEC. 6. ASSISTANCE FOR NATIONAL COMMUNITY RENAISSANCE. (a) Use.--The Secretary of Housing and Urban Development may make a grant to the National Community Renaissance Program (hereafter in this section referred to as ``National Core'') to undertake affordable housing projects that benefit very low-, low- and moderate-income households. Assistance provided by the Secretary under this section may be used by National CORE-- (1) for site acquisition, rehabilitation, and preservation of affordable multifamily housing units, including development, construction financing, and short- and long-term financing for housing, community facilities, and economic development; (2) to leverage capital from private entities, including private financial institutions, insurance companies, and private philanthropic organizations in amounts not less than $3 for every $1 authorized in this section; and (3) conduct such other activities as may be determined by the Secretary and National CORE. (b) Authorization of Appropriations.--There are authorized to be appropriated for grants under this section-- (1) $5,000,000 for fiscal year 2008; and (2) $10,000,000 for each of fiscal years 2009 and 2010. SEC. 7. AUDITS AND REPORTS. (a) Audit.--In any year in which an entity or organization described under either section 3, 4, or 5 receives funds under this Act, the Comptroller General of the United States shall-- (1) audit the financial transactions and activities of such entity or organization only with respect to such funds so received; and (2) submit a report detailing such audit to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate. (b) GAO Report.--The Comptroller General of the United States shall conduct a study and submit a report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate on the use of any funds appropriated to an entity or organization described under either section 3, 4, or 5 over the past 10 years. SEC. 8. PERSONS NOT LAWFULLY PRESENT IN THE UNITED STATES. None of the funds made available under this Act may be used to provide direct housing assistance to any person not lawfully present in the United States.

Housing Assistance Authorization Act of 2007 - Authorizes the Secretary of Housing and Urban Development (HUD) to make a grant to the National Urban League to provide technical and financial assistance to local non-profit organizations to undertake community development and affordable housing projects and programs serving low- and moderate-income households, particularly through organizations located in neighborhoods with substantial populations of African American income-disadvantaged households. Authorizes the Secretary also to make a grant to the Raza Development Fund to provide technical and financial assistance to local nonprofit organizations to undertake similar projects and programs serving low- and moderate-income households, particularly through organizations in neighborhoods with substantial populations of income-disadvantaged households of Hispanic origin. Authorizes the Secretary to make a grant to the Housing Partnership Network to create, sustain, and improve access to affordable housing and community facilities benefiting very low-, low-, and moderate-income households and communities. Authorizes the Secretary to make a grant to the National Community Renaissance Program to undertake affordable housing projects benefitting very low-, low-, and moderate-income households.

To authorize appropriations for assistance for the National Urban League, the Raza Development Fund, the Housing Partnership Network, and the National Community Renaissance Program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Death Penalty Reform Act of 2006''. SEC. 2. AMENDMENTS RELATING TO TITLE 28. Chapter 153 of title 28, United States Code, is amended-- (1) in section 2254(h) by striking ``section 408 of the Controlled Substances Act'' and inserting ``section 3599 of title 18''; and (2) in section 2255 by striking ``section 408 of the Controlled Substances Act'' and inserting ``section 3599 of title 18''. SEC. 3. AMENDMENTS RELATING TO SECTION 3592 OF TITLE 18. Section 3592 of title 18, United States Code, is amended-- (1) in subsection (a), by inserting ``for which notice has been provided'' after ``factor''; (2) in subsection (c)(1)-- (A) by inserting ``section 241 (conspiracy against rights), section 245 (federally protected activities), section 247 (interference with religious exercise)'' after ``section 37 (violence at international airports),''; and (B) by inserting ``section 1512 (tampering with a witness, victim, or an informant), section 1513 (retaliating against a witness, victim, or an informant),'' after ``section 1203 (hostage taking),''; (3) in subsection (c)(2)-- (A) by striking ``For any offense, other than an offense for which a sentence of death is sought on the basis of section 924(c), the'' and inserting ``The''; and (B) by striking ``previously'' and inserting ``, in a prior adjudication,''; (4) in subsection (c)(8)-- (A) by striking ``or''; and (B) by inserting ``or in order to retain illegal possession'' before ``of anything''; (5) in subsection (c)(12), by striking ``had previously'' each place that term appears and inserting ``has previously''; and (6) in subsection (c), by inserting after paragraph (16) the following: ``(17) Obstruction of justice.--The defendant engaged in any conduct resulting in the death of another person in order to obstruct the investigation or prosecution of any offense.''. SEC. 4. AMENDMENTS RELATING TO SECTION 3593 OF TITLE 18. Section 3593 of title 18, United States Code, is amended-- (1) in subsection (a)-- (A) by striking ``, a reasonable time before the trial or before acceptance by the court of a plea of guilty,''; (B) by inserting after paragraph (2) the following: ``The notice must be filed a reasonable time before trial or before acceptance by the court of a plea of guilty. The court shall, where necessary to ensure adequate preparation time for the defense, grant a reasonable continuance of the trial. If the government has not filed a notice of intent to seek the death penalty or informed the court that a notice of intent to seek the death penalty will not be filed, the court shall not accept a plea of guilty to an offense described in section 3591 without the concurrence of the government.''; and (C) by inserting before the last sentence the following: ``The government may also provide notice under this subsection of any factor concerning the state of mind, intent or other culpability of the defendant in committing the offense.''; (2) in subsection (b), by inserting at the end of paragraph (3) the following: ``The court shall not dismiss alternate jurors impaneled during the guilt phase unless for good cause as to individual alternates or upon a finding, under this subsection, that the sentencing hearing will be heard by the court alone. The court shall retain such alternate jurors to hear the sentencing trial until the completion of the hearing. If at any time, whether before or after the final submission of the sentencing case to the jury, a sitting juror dies or becomes ill, or upon other good cause shown to the court is found to be unable to perform his or her duty in a timely manner, or if a juror requests a discharge and good cause appears therefor, the court shall order the juror to be discharged and draw the name of an alternate, who shall then take a place in the jury box, and be subject to the same rules and regulations as though the alternate juror had been selected as one of the original jurors. If deliberations have begun when the substitution is made, the court shall instruct the newly constituted jury to recommence deliberations as if none had previously taken place. The panel, in all other respects, shall be considered unaltered by the substitution of a duly seated alternate.''; (3) in subsection (c) -- (A) in the fourth sentence, by inserting ``for which notice has been provided under subsection (b)'' before the period; (B) in the fifth sentence, by inserting ``, including information pertaining to unadjudicated conduct'' before the period; (C) by inserting after the eighth sentence the following: ``The government shall be permitted to cross-examine the defendant regarding any statements or testimony by the defendant to the sentencing jury.''; (D) by inserting after the fourth sentence the following: ``If the defendant has raised the issue of mental retardation as required under subsection (b), the defendant may introduce information relevant to mental retardation.''; and (E) by inserting at the end the following: ``The defendant shall have the burden of proving mental retardation by the preponderance of the information.''; (4) in subsection (d)-- (A) in the second sentence by inserting ``determine the truth of the allegations in the notice filed under subsection (a) of this section regarding any mental state set forth in section 3591(a), and'' after ``It shall''; (B) by inserting after the second sentence the following: ``In any case in which the defendant has raised the issue of mental retardation as required under subsection (b), the jury, or if there is no jury, the court, shall determine the issue of mental retardation only if any aggravating factor set forth in section 3592 is found to exist. Such determination shall occur prior to the consideration of any mitigating factor.''; and (C) by inserting at the end the following: ``If the jury, or if there is no jury, the court, determines that the defendant is mentally retarded, the court shall sentence the defendant to life imprisonment without the possibility of release, or some other lesser sentence authorized by law.''; (5) in subsection (e)-- (A) by inserting before the last sentence the following: ``In assessing the appropriateness of a sentence of death, the jury, or if there is no jury, the court must base the decision on the facts of the offense and the aggravating and mitigating factors and avoid any influence of sympathy, sentiment, passion, prejudice, or other arbitrary factor when imposing sentence.''; and (B) by striking ``, to life imprisonment'' and all that follows through ``lesser sentence'' and inserting ``or to life imprisonment without possibility of release''. (6) by redesignating subsections (b) through (f) as subsections (c) through (g); and (7) by adding after subsection (a) the following: ``(b) Notice by the Defendant.-- ``(1) If, as required under subsection (a), the government has filed notice seeking a sentence of death, the defendant shall, a reasonable time before the trial, sign and file with the court, and serve on the attorney for the government, notice setting forth the mitigating factor or factors that the defendant proposes to prove mitigate against imposition of a sentence of death. In any case in which the defendant intends to raise the issue of mental retardation as precluding a sentence of death, the defendant shall, a reasonable time before trial, sign and file with the court, and serve on the attorney for the government, notice of such intent. ``(2) When a defendant makes a claim of mental retardation or intends to rely on evidence of mental impairment, or other mental defect or disease as a mitigating factor under this section, the government shall have the right to an independent mental health examination of the defendant. A mental health examination ordered under this subsection shall be conducted by a licensed or certified psychiatrist, psychologist, neurologist, psychopharmacologist, or other allied mental health professional. If the court finds it appropriate, more than one such professional shall perform the examination. To facilitate the examination, the court may commit the person to be examined for a reasonable period, but not to exceed 30 days, to the custody of the Attorney General for placement in a suitable facility. Unless impracticable, the psychiatric or psychological examination shall be conducted in a suitable facility reasonably close to the court. The director of the facility may apply for a reasonable extension, but not to exceed 15 days upon a showing of good cause that the additional time is necessary to observe and evaluate the defendant. ``(3) Following the filing of a defendant's notice under this subsection, the court shall, where necessary to ensure adequate preparation time for the government, grant a reasonable continuance of the trial. ``(4) For purposes of this section, a defendant is mentally retarded if, since some point in time prior to age 18, he or she has continuously had an intelligence quotient of 70 or lower and, as a result of that significantly subaverage mental functioning, has since that point in time continuously had a diminished capacity to understand and process information, abstract from mistakes and learn from experience, engage in logical reasoning, control impulses, and understand others' reactions.''. SEC. 5. AMENDMENTS RELATING TO SECTION 3594 OF TITLE 18. Section 3594 of title 18, United States Code, is amended-- (1) in the first sentence-- (A) by striking ``3593(e)'' and inserting ``3593(f)''; and (B) by striking ``or life imprisonment without possibility of release''; (2) in the second sentence-- (A) by striking ``any lesser sentence that is authorized by law'' and inserting ``life imprisonment without the possibility of release''; and (B) by inserting ``as limited by section 3593(f)'' before the period. SEC. 6. AMENDMENTS RELATING TO SECTIONS 3595, 3596, AND 3597 OF TITLE 18. (a) Section 3596.--Section 3596 of title 18, United States Code, is amended-- (1) in subsection (a), by striking ``When the sentence is to be implemented'' and all that follows through ``such law'' and inserting the following: ``A sentence of death for any offense against the United States shall be implemented pursuant to regulations promulgated by the Attorney General''; and (2) in subsection (c)-- (A) by striking the first sentence; and (B) by adding at the end the following: ``The government shall not be limited in its opportunities to seek rehearing, based on changed circumstances, of a finding of mental incapacity under this subsection.''. (b) Section 3595.--Section 3595 of title 18, United States Code, is amended by striking ``3593(d)'' and inserting ``3593(e)''. (c) Section 3597.--Section 3597 of title 18, United States Code, is amended-- (1) in the heading, by striking ``State''; (2) in subsection (a), by striking ``A United States marshal'' and all that follows through ``Attorney General'' and inserting the following: ``An official charged with supervising the implementation of a sentence of death shall use appropriate Federal or State facilities for such purpose''; and (3) by adding at the end the following new subsection: ``(c) Confidentiality.--Notwithstanding any other law, the identity of any employee of the United States Department of Justice, the Federal Bureau of Prisons, the United States Marshals Service, or any State department of corrections, or of any person providing services relating to an execution under contract or victim or victim's survivor, who participates in or witnesses the administration of an execution pursuant to this section shall not be publicly disclosed, absent the consent of any such individual.''. (d) Conforming Amendment.--The table of sections at the beginning of chapter 228 of title 18, United States Code, is amended by striking the item relating to section 3597 and inserting the following: ``3597. Use of facilities.''. SEC. 7. AMENDMENT RELATING TO SECTION 3005 OF TITLE 18. (a) In General.--Section 3005 of title 18, United States Code, is amended to read as follows: ``Sec. 3005. Counsel and voir dire in capital cases ``(a) In any case in which the Government files a notice of intent to seek a sentence of death, the court shall promptly, upon the defendant's request, assign a second counsel for the defendant in addition to any previously assigned counsel. At least one assigned counsel shall be learned in the law applicable to capital cases. Both counsel shall have free access to the accused at all reasonable hours. In assigning counsel under this section, the court shall consider the recommendation of the Federal Public Defender organization, or, if no such organization exists in the district, of the Administrative Office of the United States Courts. ``(b) In any case in which the government files a notice of intent to seek the death penalty, the court shall, at the outset of any trial, permit voir dire of the venire concerning personal scruples with regard to the death penalty. The trial court shall allow strikes for cause as to any member of the venire whose personal views would prevent or substantially impair the performance of a juror's sworn duties under the court's instructions in a death penalty case.''. (b) Conforming Amendment.--The table of sections at the beginning of chapter 201 of title 18, United States Code is amended by striking the item relating to section 3005 and inserting the following: ``3005. Counsel and voir dire in capital cases.''. SEC. 8. ADDITIONAL PROCEDURAL MODIFICATIONS. (a) Modification of Mitigating Factors.--Section 3592(a)(4) of title 18, United States Code, is amended-- (1) by striking ``Another'' and inserting ``The Government could have, but has not, sought the death penalty against another''; and (2) by striking ``, will not be punished by death''. (b) Modification of Aggravating Factors for Offenses Resulting in Death.--Section 3592(c) of title 18, United States Code, is amended in paragraph (1), by inserting ``section 2339D (terrorist offenses resulting in death),'' after ``destruction),''. (c) Juries of Less Than 12 Members.--Subsection (c), as redesignated by section 4(6) of this Act, of section 3593 of title 18, United States Code, is amended by striking ``unless'' and all that follows through the end of the subsection and inserting ``unless the court finds good cause, or the parties stipulate, with the approval of the court, a lesser number.''. (d) Peremptory Challenges.--Rule 24(c) of the Federal Rules of Criminal Procedure is amended-- (1) in paragraph (1), by striking ``6'' and inserting ``9''; and (2) in paragraph (4), by adding at the end the following: ``(D) Seven, eight or nine alternates.--Four additional peremptory challenges are permitted when seven, eight, or nine alternates are impaneled.''.

Death Penalty Reform Act of 2006 - Amends the federal criminal code to modify substantive law and procedures relating to the death penalty. Adds certain crimes that result in death, including obstruction of justice, as aggravating factors in death penalty deliberations. Defines "mentally retarded" for death penalty purposes. Requires a defendant to give notice to the government of any mitigating factors, including mental retardation, which the defendant intends to present in a death penalty proceeding. Grants the government the right to an independent mental health examination of a defendant claiming mental retardation. Grants the Attorney General regulatory authority over the implementation of the death penalty. Repeals the prohibition against executing a person who is mentally retarded. Grants the government an unlimited right to rehearings of a finding of mental incapacity in death penalty cases. Requires a court in a death penalty case to: (1) assign a second attorney for the defendant when the government files a notice of intent to seek a sentence of death (currently, assignment is required upon indictment); and (2) permit the government to strike for cause jurors who oppose the death penalty. Modifies criteria relating to mitigating and aggravating factors in death penalty cases. Authorizes a court in the sentencing phase of a death penalty case to impanel a jury of less than 12 members upon a finding of good cause. Amends the Federal Rules of Criminal Procedure to increase the number of alternative jurors and peremptory challenges to such jurors in criminal proceedings.

To modify the law with respect to the death penalty, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Save Our Students Act''. SEC. 2. NATIONAL GUARD SUPPORT FOR STATE AND LOCAL EFFORTS TO KEEP SCHOOLS SAFE FROM VIOLENCE. (a) In General.--Chapter 1 of title 32, United States Code, is amended by inserting after section 112 the following new section: ``Sec. 112a. Support for State and local efforts to keep schools safe from violence ``(a) Funding Assistance.-- ``(1) Plan requirement.--The Secretary of Defense may provide funds to the Governor of a State who submits to the Secretary a plan for using National Guard personnel for the sole purposes of-- ``(A) performing administrative functions otherwise performed by State and local law enforcement personnel for purposes of enabling such law enforcement personnel to be dispatched to keep schools and students safe from violence; ``(B) helping conduct school security assessments and safety plans; and ``(C) conducting capital improvements related to enhancing school and student safety. ``(2) Use of funds.--Such funds shall be used for the following: ``(A) The pay, allowances, clothing, subsistence, gratuities, travel, and related expenses, as authorized by State law, of personnel of the National Guard of that State used, while not in Federal service, for the purpose of supplementing State and local efforts to keep schools safe from violence. ``(B) The operation and maintenance of the equipment and facilities of the National Guard of that State used for the purpose of supplementing State and local efforts to keep schools safe from violence. ``(C) The procurement of services and equipment, and the leasing of equipment, for the National Guard of that State used for the purpose of supplementing State and local efforts to keep schools safe from violence. However, the use of such funds for the procurement of equipment may not exceed $5,000 per item, unless approval for procurement of equipment in excess of that amount is granted in advance by the Secretary of Defense. ``(b) Use of Personnel Performing Full-Time National Guard Duty.-- (1) Under regulations prescribed by the Secretary of Defense, personnel of the National Guard of a State may, in accordance with the plan referred to in subsection (c) with respect to the State concerned, be ordered to perform full-time National Guard duty under section 502(f) of this title for the purpose of supplementing State and local efforts to keep schools safe from violence. ``(2)(A) A member of the National Guard serving on full-time National Guard duty under orders authorized under paragraph (1) shall participate in the training required under section 502(a) of this title in addition to the duty performed for the purpose authorized under that paragraph. The pay, allowances, and other benefits of the member while participating in the training shall be the same as those to which the member is entitled while performing duty for the purpose of supplementing State and local efforts to keep schools safe from violence. The member is not entitled to additional pay, allowances, or other benefits for participation in training required under section 502(a)(1) of this title. ``(B) To ensure that the use of units and personnel of the National Guard of a State pursuant to a plan referred to in subsection (c) does not degrade the training and readiness of such units and personnel, the following requirements shall apply in determining the activities supplementing State and local efforts to keep schools safe from violence that units and personnel of the National Guard of a State may perform: ``(i) The performance of the activities may not adversely affect the quality of that training or otherwise interfere with the ability of a member or unit of the National Guard to perform the military functions of the member or unit. ``(ii) National Guard personnel will not degrade their military skills as a result of performing the activities. ``(iii) The performance of the activities will not result in a significant increase in the cost of training. ``(iv) In the case of activities supplementing State and local efforts to keep schools safe from violence that are performed by a unit organized to serve as a unit, the activities will support valid unit training requirements. ``(3) A unit or member of the National Guard of a State may be used, pursuant to a plan referred to in subsection (c) that is approved by the Secretary of Defense under this section, to provide services or other assistance (other than air transportation) to an organization eligible to receive services under section 508 of this title if-- ``(A) the plan specifically recognizes the organization as being eligible to receive the services or assistance; ``(B) in the case of services, the performance of the services meets the requirements of paragraphs (1) and (2) of subsection (a) of section 508 of this title; and ``(C) the services or assistance is authorized under subsection (b) or (c) of such section or in the plan. ``(c) Plan Requirements.--A plan to supplement State and local efforts to keep schools safe from violence under this subsection shall-- ``(1) specify how personnel of the National Guard of that State are to be used in supplementing State and local efforts to keep schools safe from violence; ``(2) certify that those operations are to be conducted at a time when the personnel involved are not in Federal service; ``(3) certify that participation by National Guard personnel in those operations is service in addition to training required under section 502 of this title; ``(4) certify that any engineer-type activities (as defined by the Secretary of Defense) under the plan will be performed only by units and members of the National Guard; ``(5) include a certification by the Attorney General of the State (or, in the case of a State with no position of Attorney General, a civilian official of the State equivalent to a State attorney general) that the use of the National Guard of the State for the activities proposed under the plan is authorized by, and is consistent with, State law; and ``(6) certify that the Governor of the State or a civilian law enforcement official of the State designated by the Governor has determined that any activities included in the plan that are carried out in conjunction with Federal law enforcement agencies serve a State law enforcement purpose. ``(d) Examination of Plan.--(1) Before funds are provided to the Governor of a State under this section and before members of the National Guard of that State are ordered to full-time National Guard duty as authorized in subsection (b), the Secretary of Defense shall examine the adequacy of the plan submitted by the Governor under subsection (c). ``(2) Except as provided in paragraph (3), the Secretary of Defense shall carry out paragraph (1) in consultation with the Secretary of Education. ``(3) Paragraph (2) shall not apply if-- ``(A) the Governor of a State submits a plan under subsection (c) that is substantially the same as a plan submitted for that State for a previous fiscal year; and ``(B) pursuant to the plan submitted for a previous fiscal year, funds were provided to the State in accordance with subsection (a) or personnel of the National Guard of the State were ordered to perform full-time National Guard duty in accordance with subsection (b). ``(e) End Strength Limitation.--(1) Except as provided in paragraph (2), at the end of a fiscal year there may not be more than 4,000 members of the National Guard-- ``(A) on full-time National Guard duty under section 502(f) of this title to perform activities supplementing State and local efforts to keep schools safe from violence pursuant to an order to duty; or ``(B) on duty under State authority to activities supplementing State and local efforts to keep schools safe from violence pursuant to an order to duty with State pay and allowances being reimbursed with funds provided under subsection (a)(2)(A). ``(2) The Secretary of Defense may increase the end strength authorized under paragraph (1) by not more than 20 percent for any fiscal year if the Secretary determines that such an increase is necessary in the national security interests of the United States. ``(f) Annual Report.--The Secretary of Defense shall submit to Congress on an annual basis a report regarding the assistance provided and activities carried out under this section during the preceding fiscal year. Each report shall include the following: ``(1) The number of members of the National Guard excluded under subsection (e)(1) from the computation of end strengths. ``(2) A description of the activities to supplement State and local efforts to keep schools safe from violence that were conducted under plans referred to in subsection (c) with funds provided under this section. ``(3) An accounting of the amount of funds provided to each State. ``(4) A description of the effect on military training and readiness of using units and personnel of the National Guard to perform activities under the plans to supplement State and local efforts to keep schools safe from violence. ``(g) Statutory Construction.--Nothing in this section shall be construed as a limitation on the authority of any unit of the National Guard of a State, when such unit is not in Federal service, to perform law enforcement functions authorized to be performed by the National Guard by the laws of the State concerned. ``(h) Definitions.--In this section: ``(1) The term `Governor of a State' means, in the case of the District of Columbia, the Commanding General of the National Guard of the District of Columbia. ``(2) The term `State' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or possession of the United States. ``(3) The term `supplementing State and local efforts to keep schools safe from violence' means supporting State and local efforts to keep schools and students safe from violence pursuant to a plan described under subsection (a).''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 1 of such title is amended by inserting after the item relating to section 112 the following new item: ``112a. Support for State and local efforts to keep schools safe from violence.''.

Save Our Students Act - Authorizes the Secretary of Defense (DOD) to provide funds to states submitting specified plans for using National Guard personnel to: (1) perform administrative functions normally performed by state and local law enforcement personnel in order to enable such law enforcement personnel to be dispatched to keep schools and students safe from violence, (2) help conduct school security assessments and safety plans, and (3) conduct capital improvements related to enhancing school and student safety.

Save Our Students Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Natural Gas Environmental and Economic Security Act''. SEC. 2. GAS WASTE REDUCTION AND ENHANCEMENT OF GAS MEASURING AND REPORTING. (a) In General.--Title I of the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1711 et seq.) is amended by adding at the end the following: ``SEC. 118. GAS WASTE REDUCTION AND ENHANCEMENT OF GAS MEASURING AND REPORTING. ``(a) Rules for Preventing and Reducing Waste of Gas Via Venting, Flaring, and Fugitive Releases.-- ``(1) Requirement to issue rules.--The Secretary shall issue rules that establish requirements for reducing and preventing the waste of gas, including by venting, flaring, and fugitive releases, from covered operations. ``(2) Content of rules.--The rules shall-- ``(A) require that 99 percent of all gas produced that is subject to a mineral leasing law be captured annually within 5 years of enactment of the Natural Gas Environmental and Economic Security Act; ``(B) require flaring of gas, rather than venting, in all instances in which gas capture is not viable; ``(C) require that every application for a permit to drill a production well-- ``(i) demonstrate sufficient infrastructure is in place to capture produced gas; and ``(ii) be subject to public comments for a period of 30 days; ``(D) prohibit all new wells from flaring, within 2 years after the date of the enactment of the Natural Gas Environmental and Economic Security Act; ``(E) require the operator of any covered operation that routinely flares gas before the effective date of the prohibition under subparagraph (D) to submit a gas capture plan to the Secretary no later than 6 months after such effective date that ensures the requirement in subparagraph (A) will be met; ``(F) require the operator of any covered operation that routinely flares gas before the effective date of the prohibition under subparagraph (D) to demonstrate a yearly decrease in the amount of gas flared, as a fraction of gas produced, to meet the requirement under subparagraph (A); ``(G) set performance standards based on modern equipment, to be updated every 5 years, that minimize gas loss from-- ``(i) storage tanks; ``(ii) dehydrators; ``(iii) compressors; ``(iv) open-ended valves or lines; ``(v) pumps; and ``(vi) other equipment for which the Secretary considers such standards are necessary; ``(H) require the replacement of all high-bleed gas-actuated pneumatic devices with low-bleed or no- bleed devices; ``(I) set performance standards based on modern procedures and equipment, to be updated every 5 years, that minimize gas loss from-- ``(i) downhole maintenance; ``(ii) liquids unloading; ``(iii) well completion; and ``(iv) other procedures for which the Secretary considers such standards are necessary; ``(J) require all operators to have regularly scheduled leak detection programs that assess the entire covered operation using an infrared camera or other equipment with equivalent sensitivity and the ability to survey similarly large areas; ``(K) require any leaks found during leak detection programs required under subparagraph (J), or otherwise, to be repaired within 2 weeks; and ``(L) require recordkeeping for-- ``(i) equipment maintenance; ``(ii) leak detection and repair; ``(iii) venting events; ``(iv) flaring events; and ``(v) other operations for which the Secretary considers such requirements are necessary. ``(b) Gas Measuring, Reporting, and Transparency Requirements.-- ``(1) In general.--The Secretary shall, in accordance with this subsection, establish new requirements for measuring and reporting the production and disposition of all gas subject to the mineral leasing laws to allow for more accurate accounting of all such gas that is consumed or lost by venting and flaring, and of fugitive releases of such gas. ``(2) Measuring and reporting requirements.--To account for all gas referred to in paragraph (1), the Secretary shall issue rules requiring oil or gas operators to-- ``(A) measure all production and disposition of gas with such accuracy that fugitive gas releases can be calculated; ``(B) install metering devices to measure all vented and flared gas; and ``(C) report to the Secretary the volumes of gas measured under the requirements under subparagraph (A), including-- ``(i) all new measured values for production and disposition, including vented and flared volumes; and ``(ii) fugitive releases based on guidelines for their calculation established by the Secretary in the rule. ``(3) Transparency.--The Secretary shall make all new data produced under the requirements established by the Secretary under this subsection, including calculated fugitive releases and volumes of gas lost to venting and flaring, publicly available through the Internet-- ``(A) without a fee or other access charge; ``(B) in a searchable, sortable, and downloadable manner, to the extent technically possible; and ``(C) as soon as technically practicable after the report by the operator is filed. ``(c) Application.--Except as otherwise specified in this section, the requirements established by the Secretary under this section shall apply to-- ``(1) the construction and operation of any covered operation initiated after the date of the issuance of rules under this section; and ``(2) after the end of the 1-year period beginning on the date of the issuance of such rules, any covered operation initiated before the date of the issuance of such rules. ``(d) Enforcement Mechanisms.-- ``(1) In general.--The Secretary shall include in the rules issued under this section consistent enforcement mechanisms for covered operations that are not in compliance with the requirements established by the rules. ``(2) Requirements.--The enforcement mechanisms under paragraph (1) shall include-- ``(A) civil penalties for unauthorized venting and flaring, which shall-- ``(i) apply in lieu of the penalties under section 109; and ``(ii) include production restrictions and civil monetary penalties equivalent to 3 times the market value of the vented or flared gas; and ``(B) civil penalties that apply to noncompliance with other new or existing procedures, which shall-- ``(i) apply in addition to or in lieu of the penalties under section 109; ``(ii) include production restrictions or monetary penalties, or both; and ``(iii) in the case of monetary penalties, be proportional to market conditions. ``(e) Definitions.--In this section: ``(1) Covered operations.--The term `covered operations' means all oil and gas operations that are subject to mineral leasing law or title V of the Federal Land Policy and Management Act of 1976 (30 U.S.C. 1761 et seq.), regardless of size, including production, storage, gathering, processing, and handling operations. ``(2) Flare and flaring.--The term `flaring' means the intentional and controlled burning of gas that occurs in the course of oil and gas operations to limit release of gas to the atmosphere. ``(3) Fugitive release.--The term `fugitive release' means the unintentional and uncontrolled release of gas into the atmosphere in the course of oil and gas operations. ``(4) Gas capture plan.--The term `gas capture plan' means a plan that includes specific goals, including equipment and timelines, for capturing, gathering, and processing gas produced under an oil or gas lease. ``(5) Gas release.--The term `gas release' includes all gas that is discharged to the atmosphere via venting or fugitive release. ``(6) Vent and venting.--The term `venting' means the intentional and controlled release of gas into the atmosphere in the course of oil and gas operations.''. (b) Clerical Amendment.--The table of contents in section 1 of that Act is amended by adding at the end of the items relating to title I the following: ``Sec. 118. Gas waste reduction and enhancement of gas measuring and reporting.''. (c) Deadline.--The Secretary of the Interior shall issue rules required by the amendments made by this section by not later than 1 year after the date of the enactment of this Act. (d) Assessment of Venting, Flaring, and Fugitive Releases.--Not later than 6 months after the end of the 1-year period beginning on the date the Secretary of the Interior first receives data submitted under the requirements established under subsection (b) of section 118 of the Federal Oil and Gas Royalty Management Act of 1982, as amended by this section, the Secretary shall-- (1) submit a report to Congress describing-- (A) the volume of fugitive releases, and gas consumed or lost by venting and flaring, from covered operations (as those terms are used in such section); (B) additional rules the Secretary considers necessary to further curtail venting, flaring, and fugitive releases, or the rational basis for not issuing new rules if the Secretary considers new rules are not necessary; and (C) recommendations for new statutory authority necessary to limit venting, flaring, or fugitive releases; and (2) issue rules described in the report under paragraph (1)(B) within 1 year after the date of the submission of the report. SEC. 3. ROYALTY COLLECTION FOR ALL GAS PRODUCED ON FEDERAL LANDS. (a) Assessment on All Production.-- (1) In general.--Except as provided in paragraph (2), royalties otherwise authorized or required under the mineral leasing laws (as that term is defined in the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1701 et seq.)) to be paid for gas shall be assessed on all gas produced under the mineral leasing laws, including-- (A) gas used or consumed within the area of the lease tract for the benefit of the lease (commonly referred to as ``beneficial use gas''); and (B) all gas that is consumed or lost by venting, flaring, or fugitive releases through any equipment during upstream operations. (2) Exception.--Paragraph (1) shall not apply with respect to-- (A) gas vented or flared in an acute emergency situation that poses danger to human health that occurs for no longer than 48 hours; and (B) gas injected into the ground on a lease tract in order to enhance production of an oil or gas well or for some other purpose. (b) Conforming Amendments.-- (1) Mineral leasing act.--The Mineral Leasing Act is amended-- (A) in section 14 (30 U.S.C. 223), by adding at the end the following: ``Notwithstanding any other provision of this Act (including this section), royalty shall be assessed with respect to oil and gas, other than gas described in section 3(a)(2) of the Natural Gas Environmental and Economic Security Act, without regard to whether oil or gas is removed or sold from the leased land.''; (B) in section 17 (30 U.S.C. 226), by striking ``removed or sold'' each place it appears; (C) in section 18 (30 U.S.C. 226), by striking ``except oil or gas used for production purposes on the claim, or unavoidably lost'' each place it appears; (D) in section 19 (30 U.S.C. 226), by striking ``except oil or gas used for production purposes on the claim, or unavoidably lost'' each place it appears; (E) in section 22 (30 U.S.C. 251), by striking ``sold or removed''; and (F) in section 31 (30 U.S.C. 188), by striking ``removed or sold'' each place it appears. (2) Outer continental shelf lands act.--The Outer Continental Shelf Lands Act is amended-- (A) in section 6(a)(8) (43 U.S.C. 1335(a)(8)), by striking ``saved, removed, or sold'' each place it appears; and (B) in section 8(a) (43 U.S.C. 1337(a))-- (i) in paragraph (1), by striking ``saved, removed, or sold'' each place it appears; and (ii) by adding at the end the following: ``(9) Notwithstanding any other provision of this Act (including this section), royalty under this Act shall be assessed with respect to oil and gas, other than gas described in section 3(a)(2) of the Natural Gas Environmental and Economic Security Act, without regard to whether oil or gas is removed or sold from the leased land.''. (c) Application.--The amendments made by this section shall apply only with respect to leases issued on or after the date of the enactment of this Act.

Natural Gas Environmental and Economic Security Act This bill amends the Federal Oil and Gas Royalty Management Act of 1982 to direct the Department of the Interior to establish specified requirements for: reducing and preventing the waste of natural gas, including by venting, flaring, and fugitive releases, from all oil and gas operations subject to mineral leasing law or the Federal Land Policy and Management Act of 1976; and measuring and reporting the production and disposition of all gas subject to the mineral leasing laws to allow for more accurate accounting of gas consumed or lost by venting and flaring, and of fugitive releases of such gas. All such requirements shall include consistent enforcement mechanisms for any operations not in compliance with them. Royalties otherwise authorized or required to be paid for natural gas shall be assessed on all gas produced under the mineral leasing laws, including: gas used or consumed within the area of a tract for the benefit of the lease (commonly referred to as "beneficial use gas"); and all gas consumed or lost by venting, flaring, or fugitive releases through any equipment during upstream operations. Exempted from assessment of these royalties is any natural gas: vented or flared in an acute emergency situation posing danger to human health that occurs for no more than 48 hours, or injected into the ground on a lease tract.

Natural Gas Environmental and Economic Security Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Responsible Ownership of Public Land Act''. SEC. 2. DEFINITIONS. In this Act: (1) Covered lease.--The term ``covered lease'' means a lease for the production of oil or natural gas under which production is not occurring. (2) Fee.--The term ``fee'' means the production incentive fee established under section 3(a). (3) Fund.--The term ``Fund'' means the Energy Efficiency and Renewable Energy Fund established by section 4(a). (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. PRODUCTION INCENTIVE FEE. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary shall promulgate regulations to establish an annual production incentive fee with respect to Federal onshore and offshore land that is subject to a covered lease. (b) Applicability.--The fee shall apply to land that is subject to any covered lease that is in effect on, or issued after, the date on which final regulations are promulgated under subsection (a). (c) Amount.--For each acre of land subject to a covered lease from which oil or natural gas is produced for less than 90 days in a calendar year, the fee shall be equal to-- (1) $5 per acre for the first 3 years of the covered lease after the date of enactment of this Act; (2) $25 per acre for the fourth year of the covered lease after the date of enactment of this Act; and (3) $50 per acre for the fifth year of the covered lease and each year thereafter for which the covered lease is in effect after the date of enactment of this Act. (d) Assessment and Collection.--The Secretary shall assess and collect the fee. (e) Regulations.--The Secretary may promulgate regulations to carry out this section, including prevention of evasion of the fee. SEC. 4. ENERGY EFFICIENCY AND RENEWABLE ENERGY FUND. (a) Establishment.--There is established in the Treasury of the United States a separate account, which shall be known as the ``Energy Efficiency and Renewable Energy Fund'', consisting of such amounts as are appropriated to the Fund under subsection (b). (b) Transfers to Fund.--There are appropriated to the Fund, out of funds of the Treasury not otherwise appropriated, amounts equivalent to amounts collected as fees and received in the Treasury under section 3. (c) Use.--Subject to appropriations, of the amounts in the Fund for each fiscal year-- (1) $100,000,000 shall be made available for necessary expenses for a program to accelerate the research, development, demonstration, and deployment of solar energy technologies and any public education and outreach materials under the program, as authorized under section 931(a)(2)(A) of the Energy Policy Act of 2005 (42 U.S.C. 16231(a)(2)(A)); (2) $65,000,000 shall be made available for necessary expenses for a program to support the development of next- generation wind turbines, including turbines capable of operating in areas with low wind speeds, as authorized under section 931(a)(2)(B) of the Energy Policy Act of 2005 (42 U.S.C. 16231(a)(2)(B)); (3) $200,000,000 shall be transferred to the ``Weatherization Assistance Program'' account, for a program to weatherize low income housing, as authorized under section 411 of the Energy Independence and Security Act of 2007 (12 Stat. 1600) (and the amendments made by that section); (4) $70,000,000 shall be made available for necessary expenses for a program to accelerate the research, development, demonstration, and deployment of new technologies to improve the energy efficiency of and reduce greenhouse gas emissions from buildings, as authorized under-- (A) section 321(g) of the Energy Independence and Security Act of 2007 (42 U.S.C. 6295 note; Public Law 110-140); (B) section 422 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17082); and (C) section 912 of the Energy Policy Act of 2005 (42 U.S.C. 16192); (5) $30,000,000 shall be made available for necessary expenses for a program to accelerate basic research on energy storage systems to support electric drive vehicles, stationary applications, and electricity transmission and distribution, as authorized under section 641(f) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17231(f)); (6) $30,000,000 shall be made available for a program to accelerate applied research on energy storage systems to support electric drive vehicles, stationary applications, and electricity transmission and distribution as authorized under section 641(g) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17231(g)); (7) $20,000,000 shall be made available for energy storage systems demonstrations as authorized under section 641(i) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17231(i)); (8) $20,000,000 shall be made available for vehicle energy storage systems demonstrations as authorized under section 641(j) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17231(j)); (9) $40,000,000 shall be made available for necessary expenses for research, development, and demonstration on advanced, cost-effective technologies to improve the energy efficiency and environmental performance of vehicles, as authorized under section 911(a)(2)(A) of the Energy Policy Act of 2005 (42 U.S.C. 16191(a)(2)(A)); (10) $50,000,000 shall be made available for audits, investigations, and environmental mitigation for oil and gas production by the Department of Interior; and (11) the remainder shall be made available for use for the low-income home energy assistance program established under the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.).

Responsible Ownership of Public Land Act - Directs the Secretary of the Interior to establish an annual production incentive fee for federal onshore and offshore lands subject to a lease for production of oil or natural gas under which production is not occurring. Prescribes the fee amount for each acre of land from which oil or natural gas is produced for less than 90 days in a calendar year. Establishes the Energy Efficiency and Renewable Energy Fund to serve as depository for fees received under this Act. Describes energy programs to be funded with such fees, including: (1) solar energy research and development; (2) next-generation wind turbines; (3) weatherization assistance low-income housing; (4) new technologies to improve the energy efficiency of and reduce greenhouse gas emissions from buildings; (5) energy storage systems to support electric drive vehicles, stationary applications, and electricity transmission and distribution; (6) advanced vehicles research, development, and demonstration; and (7) low-income home energy assistance.

A bill to direct the Secretary of the Interior to establish an annual production incentive fee with respect to Federal onshore and offshore land that is subject to a lease for production of oil or natural gas under which production is not occurring, to authorize use of the fee for energy efficiency and renewable energy projects, and for other purposes.

TITLE I--ACCESS TO SAFETY AND ADVOCACY FOR VICTIMS OF VIOLENCE AGAINST WOMEN ACT SEC. 101. SHORT TITLE. This title may be cited as the ``Access to Safety and Advocacy for Victims of Violence Against Women Act''. SEC. 102. PURPOSE. The purpose of this title is to enhance safety and justice for victims of sexual assault and domestic violence in every State, jurisdiction under military or Federal control, tribal land, territory, or commonwealth, through access to the justice system and improved civil legal assistance. SEC. 103. GRANTS TO IMPROVE ACCESS TO THE CIVIL JUSTICE SYSTEM. (a) Eligible Grantees.--To be eligible for a grant under subsection (c) an applicant shall be a-- (1) nonprofit domestic violence victim service program; (2) nonprofit sexual assault victim service program; (3) State, tribal, or local coalition of domestic violence programs; (4) State, tribal, or local coalition of sexual assault programs; (5) State, tribal, or local bar association; (6) law school program; (7) nonprofit legal service provider; (8) court-based pro se program; or (9) tribe or tribally recognized organization. (b) Eligible Services.-- (1) Activities funded under grants under subsection (c) shall be designed to further the health, safety, and economic needs of victims of domestic violence and sexual assault through legal assistance in any civil case, clemency proceeding, or violation or enforcement of a protection order. (2) Activities funded under subsection (c) shall include civil legal assistance on behalf of persons who have inadequate access to sufficient financial resources to secure appropriate legal assistance. (c) Grant Authority.--The Attorney General may make grants to enhance the availability and quality of civil legal assistance for victims of domestic violence and sexual assault through-- (1) efforts to further the health, safety, and economic needs of victims of domestic violence and sexual assault; (2) the provision of comprehensive legal services to victims of domestic violence and sexual assault, including assistance in family law, protection order, violation of protection order, dependency, abuse and neglect, foster care, clemency, housing, landlord-tenant, consumer credit, public benefits, immigration, administrative, bankruptcy, property, estate, civil rights, employment, disciplinary, civil relief, restitution, and any civil legal matters arising from the effects of the assault or abuse or otherwise related to the health, safety, or economic well-being of the victim; (3) the development of partnerships between domestic violence and sexual assault programs and civil legal assistance providers, including bar-sponsored pro bono projects and low- cost representation programs designed to serve victims of domestic violence and sexual assault; (4) the improvement of court and administrative handling of pro se cases involving victims of domestic violence and sexual assault; (5) efforts to enhance the availability and quality of civil legal representation through increasing law school programs on domestic violence and sexual assault; (6) the development of training or technical assistance programs on State, tribal, or local levels to improve the civil justice system's response to domestic violence and sexual assault; and (7) the provision of civil legal assistance for the nonabusive parent in cases where the custody and visitation of children subjected to child sexual abuse is sought or challenged by the abusive parent or provision of civil legal assistance for the nonabusive parent in any child welfare or abuse and neglect proceedings involving children subjected to sexual abuse. SEC. 104. APPLICATION. To be eligible for a grant under section 103(c), applicants shall comply with the following: (1) For entities primarily serving domestic violence victims, offer comprehensive family law services at a minimum and may also provide a broader range of civil legal services. Applicants that have not previously provided family law services may partner with any other eligible grantee with the capacity to provide these services in order to satisfy this requirement. (2) For entities described in paragraphs (5) through (9) of section 103(a), consult and coordinate with a nonprofit, nongovernmental victim services program including a local, State, or tribal sexual assault or domestic violence victim services program. (3) Certify in writing that-- (A) any person providing civil legal assistance through a program funded under section 103(c) has completed or will complete training on the dynamics of domestic violence or sexual assault and related legal issues; (B) any training program conducted in satisfaction of the requirement of subparagraph (A) has been or will be developed with input from and in collaboration with a State, local, or tribal domestic violence or sexual assault program or coalition; (C) any person or organization providing civil legal assistance through a program funded under section 103(c) has informed or will inform State, local, or tribal domestic violence or sexual assault programs or coalitions of their work; and (D) the grantee's organizational policies do not require or encourage mediation or counseling involving offenders and victims, in cases where sexual assault, domestic violence, or child sexual abuse is an issue. SEC. 105. FUNDING. (a) Funding Levels.--There are authorized to be appropriated for grants under section 103(c)-- (1) $60,000,000 for fiscal year 2001; (2) $70,000,000 for fiscal year 2002; (3) $84,000,000 for fiscal year 2003; (4) $102,000,000 for fiscal year 2004; and (5) $124,000,000 for fiscal year 2005. (b) Allocation of Funds.--Of the total amounts appropriated under subsection (a) in any fiscal year-- (1) at least 65 percent shall be allocated to projects that provide direct services to victims of domestic violence and sexual assault; (2) at least 5 percent shall be used for grants for tribes and tribally recognized organizations; (3) no more than 10 percent shall be awarded to technical assistance and training initiatives; (4) no more than 5 percent shall be awarded to evaluation; (5) 5 percent shall be utilized for the costs of administration of this program; and (6) at least 25 percent of the funds used for direct services, training, and technical assistance shall be used to support projects focused solely or primarily on civil legal assistance for victims of sexual assault. (c) Discrimination.--Activities funded under section 103(c) shall be conducted pursuant to any applicable Federal, State, or local law governing discrimination on the basis of race, color, national origin, religion, sex, or disability, and shall be subject to section 307(a)(2) of the Family Violence Prevention and Services Act (42 U.S.C. 10406(a)(2)). Entities funded under section 103(c) shall not be restricted from providing services because of the age, immigration status, or sexual orientation of the persons seeking services. SEC. 106. EVALUATION OF ACCESS TO SAFETY AND ADVOCACY GRANTS. The Attorney General may evaluate the grants funded under section 103(c) through contracts or other arrangements with entities expert on sexual assault or domestic violence and evaluation research. SEC. 107. DEFINITIONS. For purposes of this title: (1) Domestic violence.--The term ``domestic violence'' includes acts or threats of violence, and stalking, not including acts of self-defense, committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim, by a person who is or has been in a social relationship of a romantic or intimate nature with the victim, by a person similarly situated to a spouse of the victim under the domestic violence or family violence laws of the jurisdiction, or by any other person against a victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction. (2) Nonprofit domestic violence victim service program.-- The term ``nonprofit domestic violence victim service program'' means a nonprofit nongovernmental organization, the primary purpose of which is to provide advocacy on behalf of and comprehensive services to victims of domestic violence, including some combination of the following: crisis hotlines, shelter or safe homes, transitional housing, counseling, systems advocacy, safety planning, information and referral, and legal assistance. (3) Sexual assault.--The term ``sexual assault'' means any conduct proscribed by chapter 109A of title 18, United States Code, whether or not the conduct occurs in the special maritime and territorial jurisdictions or tribal jurisdictions of the United States or in a Federal prison and includes both assaults committed by offenders who are strangers to the victim and assaults committed by offenders who are known to the victim or related by blood or marriage to the victim. (4) Nonprofit sexual assault victim service program.--The term ``nonprofit sexual assault victim service program'' means a nonprofit, nongovernmental organization, the primary purpose of which is to provide advocacy on behalf of and comprehensive services to victims of sexual assault including some combination of the following: crisis hotlines; counseling; systems advocacy; transportation; safety planning; information; and referrals to legal assistance. (5) Law school program.--The term ``law school program'' means an internship, externship, clinic, or other legal representation program or initiative located at an accredited school of law which has as its primary purpose the provision of civil legal representation, information, or assistance to victims of domestic violence and sexual assault; (6) State or local coalition of domestic violence programs.--The term ``State or local coalition of domestic violence programs'' means a private, nonprofit, nongovernmental membership organization of domestic violence programs that, among the other activities, provides training and technical assistance to domestic violence programs within the State, commonwealth, territory, local government, or lands under military or Federal authority. (7) State or local coalition of sexual assault programs.-- The term ``State or local coalition of sexual assault programs'' means a private nonprofit, nongovernmental membership organization that, among other activities, provides training and technical assistance to sexual assault programs within the State, commonwealth, territory, or lands under military, Federal, or tribal authority. (8) Tribally recognized organization.--The term ``tribally recognized organization'' means a tribally chartered organization or a nonprofit organization operating within the boundaries of an Indian reservation or serving primarily Indian or Alaska Native populations whose governing body reflects the populations served. (9) Tribal coalition of domestic violence programs.--The term ``tribal coalition of domestic violence programs'' means a private nonprofit coalition whose membership includes representatives from a majority of the programs for victims of domestic violence operating within the boundaries of an Indian reservation and programs whose primary purpose is serving the population of such Indian country, and show board memberships representative of such programs. TITLE II--ACCESS TO SAFETY AND ADVOCACY FOR BATTERED IMMIGRANTS SEC. 201. BATTERED IMMIGRANTS. Section 1006 of the Legal Services Corporation Act (42 U.S.C. 2996e) is amended by adding at the end the following: ``(g) A recipient of funds from the Corporation shall not be prohibited from-- ``(1) using funds derived from a source other than the Corporation to provide legal assistance to any alien who has been battered or subjected to extreme cruelty to prevent or obtain relief from such battery or cruelty; and ``(2) using Corporation funds to provide legal assistance to any alien who has been battered or subjected to extreme cruelty who qualifies for classification under clause (iii), (iv), (v), or (vi) of section 204(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)), clause (ii), (iii), or (iv) of section 204(a)(1)(B) of such Act (8 U.S.C. 1154(a)(1)(B)), or subsection (b)(2) of section 240A of such Act (8 U.S.C. 1229b) or section 244(a)(3) of the Immigration and Nationality Act (as in effect before the title III-A effective date in section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1101 note) to prevent or obtain relief from such battery or cruelty.''. SEC. 202. PRIOR GRANTEES OF CIVIL LEGAL ASSISTANCE PROGRAM (a) Section 502.--Section 502 of the Departments of Commerce, Justice and State, the Judiciary, and Related Agencies Appropriations Act, 1998 (Public Law 105-119; 111 Stat. 2440, 2453 (1997)), is amended by adding inserting ``, including civil legal assistance for any alien who has been battered or subjected to extreme cruelty to prevent or obtain relief from such battery or cruelty'' after ``$12,000,000 which shall be used exclusively for the purpose of strengthening civil legal assistance for victims of domestic violence''. (b) Section 1201.--Section 1201(b) of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (Public Law 105-277; 112 Stat. 2681-62 (1998)), is amended by adding inserting ``, including civil legal assistance for any alien who has been battered or subjected to extreme cruelty to prevent or obtain relief from such battery or cruelty'' after ``$23,000,000 which shall be used exclusively for the purpose of strengthening civil legal assistance for victims of domestic violence''. (c) Appendix.--Appendix A of the Consolidated Appropriations Act, 2000 (Public Law 106-113; 113 Stat. 1501, 1501A-15 (1999)), is amended by adding inserting ``, including civil legal assistance for any alien who has been battered or subjected to extreme cruelty to prevent or obtain relief from such battery or cruelty'' after ``$28,000,000 which shall be used exclusively for the purpose of strengthening civil legal assistance programs for victims of domestic violence''.

(Sec. 104) Sets forth application requirements. (Sec. 105) Authorizes appropriations. Sets forth an allocation formula providing that at least 65 percent of grant funds shall be allocated to projects that provide direct services to victims of domestic violence and sexual assault. Bars discrimination against specified categories of individuals. (Sec. 106) Authorizes the Attorney General to evaluate the grants funded through contracts or other arrangements with entities expert on sexual assault or domestic violence and evaluation research. Title II: Access to Safety and Advocacy for Battered Immigrants - Amends the Legal Services Corporation Act to provide that a recipient of funds from the Legal Services Corporation (LSC) shall not be prohibited from using: (1) funds derived from a source other than LSC to provide legal assistance to any alien who has been battered or subjected to extreme cruelty to prevent or obtain relief; and (2) LSC funds to provide legal assistance to any alien who has been battered or subjected to extreme cruelty who qualifies for classification under specified provisions of the Immigration and Nationality Act to prevent or obtain relief. (Sec. 202) Amends the Departments of Commerce, Justice and State, the Judiciary, and Related Agencies Appropriations Act, 1998, the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999, and the Consolidated Appropriations Act, 2000, to provide for funding for civil legal assistance for any alien who has been battered or subjected to extreme cruelty to prevent or obtain relief.

Access to Safety and Advocacy for Victims of Violence Against Women Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Permanent Electronic Duck Stamp Act of 2013''. SEC. 2. DEFINITIONS. In this Act: (1) Actual stamp.--The term ``actual stamp'' means a Federal migratory-bird hunting and conservation stamp required under the Act of March 16, 1934 (16 U.S.C. 718a et seq.) (popularly known as the ``Duck Stamp Act''), that is printed on paper and sold through the means established by the authority of the Secretary immediately before the date of enactment of this Act. (2) Automated licensing system.-- (A) In general.--The term ``automated licensing system'' means an electronic, computerized licensing system used by a State fish and wildlife agency to issue hunting, fishing, and other associated licenses and products. (B) Inclusion.--The term ``automated licensing system'' includes a point-of-sale, Internet, telephonic system, or other electronic applications used for a purpose described in subparagraph (A). (3) Electronic stamp.--The term ``electronic stamp'' means an electronic version of an actual stamp that-- (A) is a unique identifier for the individual to whom it is issued; (B) can be printed on paper or produced through an electronic application with the same indicators as the State endorsement provides; (C) is issued through a State automated licensing system that is authorized, under State law and by the Secretary under this Act, to issue electronic stamps; (D) is compatible with the hunting licensing system of the State that issues the electronic stamp; and (E) is described in the State application approved by the Secretary under section 4(b). (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. AUTHORITY TO ISSUE ELECTRONIC DUCK STAMPS. (a) In General.--The Secretary may authorize any State to issue electronic stamps in accordance with this Act. (b) Consultation.--The Secretary shall implement this section in consultation with State management agencies. SEC. 4. STATE APPLICATION. (a) Approval of Application Required.--The Secretary may not authorize a State to issue electronic stamps under this Act unless the Secretary has received and approved an application submitted by the State in accordance with this section. The Secretary may determine the number of new States per year to participate in the electronic stamp program. (b) Contents of Application.--The Secretary may not approve a State application unless the application contains-- (1) a description of the format of the electronic stamp that the State will issue under this Act, including identifying features of the licensee that will be specified on the stamp; (2) a description of any fee the State will charge for issuance of an electronic stamp; (3) a description of the process the State will use to account for and transfer to the Secretary the amounts collected by the State that are required to be transferred to the Secretary under the program; (4) the manner by which the State will transmit electronic stamp customer data to the Secretary; (5) the manner by which actual stamps will be delivered; (6) the policies and procedures under which the State will issue duplicate electronic stamps; and (7) such other policies, procedures, and information as may be reasonably required by the Secretary. (c) Publication of Deadlines, Eligibility Requirements, and Selection Criteria.--Not later than 30 days before the date on which the Secretary begins accepting applications under this section, the Secretary shall publish-- (1) deadlines for submission of applications; (2) eligibility requirements for submitting applications; and (3) criteria for approving applications. SEC. 5. STATE OBLIGATIONS AND AUTHORITIES. (a) Delivery of Actual Stamp.--The Secretary shall require that each individual to whom a State sells an electronic stamp under this Act shall receive an actual stamp-- (1) by not later than the date on which the electronic stamp expires under section 6(c); and (2) in a manner agreed upon by the State and Secretary. (b) Collection and Transfer of Electronic Stamp Revenue and Customer Information.-- (1) Requirement to transmit.--The Secretary shall require each State authorized to issue electronic stamps to collect and submit to the Secretary in accordance with this section-- (A) the first name, last name, and complete mailing address of each individual that purchases an electronic stamp from the State; (B) the face value amount of each electronic stamp sold by the State; and (C) the amount of the Federal portion of any fee required by the agreement for each stamp sold. (2) Time of transmittal.--The Secretary shall require the submission under paragraph (1) to be made with respect to sales of electronic stamps by a State according to the written agreement between the Secretary and the State agency. (3) Additional fees not affected.--This section shall not apply to the State portion of any fee collected by a State under subsection (c). (c) Electronic Stamp Issuance Fee.--A State authorized to issue electronic stamps may charge a reasonable fee to cover costs incurred by the State and the Department of the Interior in issuing electronic stamps under this Act, including costs of delivery of actual stamps. (d) Duplicate Electronic Stamps.--A State authorized to issue electronic stamps may issue a duplicate electronic stamp to replace an electronic stamp issued by the State that is lost or damaged. (e) Limitation on Authority To Require Purchase of State License.-- A State may not require that an individual purchase a State hunting license as a condition of issuing an electronic stamp under this Act. SEC. 6. ELECTRONIC STAMP REQUIREMENTS; RECOGNITION OF ELECTRONIC STAMP. (a) Stamp Requirements.--The Secretary shall require an electronic stamp issued by a State under this Act-- (1) to have the same format as any other license, validation, or privilege the State issues under the automated licensing system of the State; and (2) to specify identifying features of the licensee that are adequate to enable Federal, State, and other law enforcement officers to identify the holder. (b) Recognition of Electronic Stamp.--Any electronic stamp issued by a State under this Act shall, during the effective period of the electronic stamp-- (1) bestow upon the licensee the same privileges as are bestowed by an actual stamp; (2) be recognized nationally as a valid Federal migratory bird hunting and conservation stamp; and (3) authorize the licensee to hunt migratory waterfowl in any other State, in accordance with the laws of the other State governing that hunting. (c) Duration.--An electronic stamp issued by a State shall be valid for a period agreed to by the State and the Secretary, which shall not exceed 45 days. SEC. 7. TERMINATION OF STATE PARTICIPATION. The authority of a State to issue electronic stamps under this Act may be terminated-- (1) by the Secretary, if the Secretary-- (A) finds that the State has violated any of the terms of the application of the State approved by the Secretary under section 4; and (B) provides to the State written notice of the termination by not later than the date that is 30 days before the date of termination; or (2) by the State, by providing written notice to the Secretary by not later than the date that is 30 days before the termination date.

Permanent Electronic Duck Stamp Act of 2013 - Grants the Secretary of the Interior permanent authority to authorize any state to issue electronic duck stamps. Sets forth state electronic duck stamp application requirements.

Permanent Electronic Duck Stamp Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protect America First Act of 2006''. SEC. 2. AMENDMENTS TO THE DEFENSE PRODUCTION ACT OF 1950. (a) Notification to Congress.--Section 721(c) of the Defense Production Act of 1950 (50 U.S.C. App. 2170(c)) is amended-- (1) in the heading, by inserting ``Notification Requirements;'' before ``Confidentiality''; (2) by inserting after the heading the following new paragraph: ``(1) Notification to congress.-- ``(A) Receipt of written notification.--Not later than five days after receipt of written notification of a proposed or pending merger, acquisition, or takeover that may be subject to an investigation under subsection (a) or is subject to an investigation under subsection (b), the President or the President's designee shall provide notice of the receipt of such written notification to the Members of Congress specified in subparagraph (D). ``(B) Commencement of investigation.--Not later than one day after commencing an investigation under subsection (a) or (b), the President or the President's designee shall provide notice of the investigation and relevant information regarding the proposed or pending merger, acquisition, or takeover, including relevant ownership records, to the Members of Congress specified in subparagraph (D). ``(C) Access to investigation.--The President or the President's designee shall-- ``(i) provide responses in a timely manner to any inquiries made by the Members of Congress specified in subparagraph (D) regarding an investigation carried out under subsection (a) or (b); and ``(ii) notify such Members of Congress promptly of the decision of the President or the President's designee upon completion of the investigation. ``(D) Members of congress.--The Members of Congress referred to in this paragraph are the following: ``(i) The Speaker and Minority Leader of the House of Representatives. ``(ii) The Majority and Minority Leader of the Senate. ``(iii) The Chairmen and Ranking Members of the Committee on Financial Services, the Committee on Homeland Security, the Committee on Armed Services, the Committee on Energy and Commerce, the Committee on Transportation and Infrastructure, and the Permanent Select Committee on Intelligence of the House of Representatives. ``(iv) The Chairmen and Ranking Members of the Committee on Finance, the Committee on Homeland Security and Governmental Affairs, the Committee on Armed Services, the Committee on Commerce, Science, and Transportation, and the Select Committee on Intelligence of the Senate. ``(v) The Senators representing States and the Members of Congress representing districts affected by the proposed transaction.''; (3) by striking ``Any information'' and inserting the following new paragraph: ``(2) Confidentiality of information.--Any information''; and (4) by striking ``Nothing in this subsection'' and inserting ``Nothing in this paragraph''. (b) Technical Amendments.--Section 721 of the Defense Production Act of 1950 (50 U.S.C. App. 2170) is amended-- (1) in subsection (d), by striking ``subsection (d)'' and inserting ``subsection (e)''; (2) in subsection (e), by striking ``subsection (c)'' and inserting ``subsection (d)''; and (3) in subsection (g), by striking ``of this Act'' and inserting ``of this section''. (c) Effective Date.--The requirements of section 721(c)(1) of the Defense Production Act of 1950, as added by subsection (a) of this section, apply with respect to any written notification of a proposed or pending merger, acquisition, or takeover that may be subject to an investigation under section 721(a) of such Act or is subject to an investigation under section 721(b) of such Act that is received on or after the date of the enactment of this Act. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the Committee on Foreign Investment in the United States (CFIUS), established under Executive Order 11858 (40 Fed. Reg. 20263), should be transferred from the Department of the Treasury to the Department of Homeland Security; and (2) the Secretary of Homeland Security should serve as the Chairman of CFIUS.

Protect America First Act of 2006 - Amends the Defense Production Act of 1950 to direct the President, no later than five days after receipt of written notification of a proposed or pending corporate merger, acquisition, or takeover by an individual controlled or acting on behalf of a foreign government and which may be subject to an investigation for national security purposes, to notify congressional leadership of the receipt of such notification. Requires the President, no later than one day after commencing such an investigation, to provide such leadership notification of the investigation and relevant information regarding the proposed or pending merger, acquisition, or takeover. Expresses the sense of Congress that: (1) the Committee on Foreign Investment in the United States (CFIUS) should be transferred from the Department of the Treasury to the Department of Homeland Security (DHS); and (2) the Secretary of Homeland Security should serve as CFIUS Chairman.

To amend the Defense Production Act of 1950 to require notification to Congress after receipt of written notification of proposed or pending mergers, acquisitions, or takeovers subject to investigation under such Act, and for other purposes.