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SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Veterans Affairs Budget Planning Reform Act of 2015''. SEC. 2. ESTABLISHMENT OF STRATEGIC PLANS TO IMPROVE PROGRAMS AND BENEFITS FOR VETERANS. (a) Future-Years Veterans Program.-- (1) In general.--Chapter 1 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 119. Future-Years Veterans Program ``(a) Submission to Congress.--The Secretary shall submit to Congress each year, at or about the time that the President's budget is submitted to Congress pursuant to section 1105(a) of title 31, a Future-Years Veterans Program reflecting the estimated expenditures and proposed appropriations included in that budget. Any such Future-Years Veterans Program shall cover the fiscal year with respect to which the budget is submitted and at least the four succeeding fiscal years. ``(b) Consistency.--(1) The Secretary shall ensure that amounts described in subparagraph (A) of paragraph (2) for any fiscal year are consistent with amounts described in subparagraph (B) of such paragraph for that fiscal year. ``(2) Amounts referred to in paragraph (1) are the following: ``(A) The amounts specified in program and budget information submitted to Congress by the Secretary in support of expenditure estimates and proposed appropriations in the budget submitted to Congress by the President under section 1105(a) of title 31 for any fiscal year, as shown in the Future-Years Veterans Program submitted pursuant to subsection (a). ``(B) The total amounts of estimated expenditures and proposed appropriations necessary to support the programs, projects, and activities of the Department of Veterans Affairs included pursuant to paragraph (5) of section 1105(a) of title 31 in the budget submitted to Congress under that section for any fiscal year. ``(c) Contents.--The Future-Years Veterans Program under subsection (a) shall set forth the five-year plan of the Department to address the commitment of the United States to veterans and the resources necessary to meet that commitment and shall be developed and updated, as appropriate, annually by the Secretary. Each Future-Years Veterans Program shall include an explanation of-- ``(1) the information that was used to develop program planning guidance for the Future-Years Veterans Program; and ``(2) how the resource allocations included in the Future- Years Veterans Program correlate to such five-year strategy. ``(d) Publication.--The Secretary shall publish on a publically accessible Internet website of the Department each Future-Years Veterans Program submitted pursuant to subsection (a).''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 118 the following new item: ``119. Future-Years Veterans Program.''. (3) Effective date.--Section 119 of title 38, United States Code, as added by paragraph (1), shall apply with respect to the preparation and submission of the budget request for the Department of Veterans Affairs for fiscal year 2020 and fiscal years thereafter. (b) Quadrennial Veterans Review.-- (1) In general.--Such chapter is further amended by adding after section 119, as added by subsection (a)(1), the following new section: ``Sec. 120. Quadrennial veterans review ``(a) Requirement.--(1) Not later than fiscal year 2019, and every fourth year thereafter, the Secretary shall conduct a review of the strategy for meeting the commitment of the United States to veterans and the resources necessary to meet that commitment (in this section referred to as a `quadrennial veterans review'). ``(2) Each quadrennial veterans review shall include a comprehensive examination of the policies and strategies of the United States with respect to veterans, including recommendations regarding the long-term strategy and priorities for programs, services, benefits, and outcomes regarding veterans and guidance on the programs, assets, capabilities, budget, policies, and authorities of the Department. ``(3) The Secretary shall conduct each quadrennial veterans review in consultation with key officials of the Department, the heads of other Federal agencies, and other relevant governmental and nongovernmental entities, including State, local, and tribal government officials, members of Congress, veterans service organizations, private sector representatives, academics, and other policy experts. ``(4) The Secretary shall ensure that each quadrennial veterans review is coordinated with the Future-Years Veterans Program required under section 119 of this title. ``(b) Contents of Review.--In each quadrennial veterans review, the Secretary shall-- ``(1) delineate a veterans strategy consistent with the commitment of the United States to veterans and refine a strategy for the types of, and provision of, programs, services, benefits, and outcomes consistent with current authorities and requirements; ``(2) outline and prioritize the full range of programs and capabilities regarding veterans provided by the Federal Government; ``(3) identify the budget plan required to provide sufficient resources to successfully execute the full range of such programs and capabilities; ``(4) include an assessment of the organizational alignment of the Department with respect to the strategy referred to in paragraph (1) and the programs and capabilities referred to in paragraph (2); ``(5) review and assess the effectiveness of the mechanisms of the Department for executing the process of turning the requirements identified in the quadrennial veterans review into a plan to meet such requirements, including an expenditure plan for the Department; and ``(6) identify emerging trends, problems, opportunities, and issues that could affect veterans or the Department during the ten-year period following the period covered by the review. ``(c) Submission to Congress.--(1) The Secretary shall submit to the Committees on Veterans' Affairs of the Senate and the House of Representatives a report regarding each quadrennial veterans review. The Secretary shall submit the report in the year following the year in which the review is conducted, but not later than the date on which the President submits to Congress the budget for the next fiscal year under section 1105 of title 31. ``(2) Each report submitted under paragraph (1) shall include-- ``(A) the results of the quadrennial veterans review; ``(B) a description of the challenges to, and opportunities for, the assumed or defined veterans-related interests of the Nation that were examined for the purposes of that review; ``(C) the strategy for meeting the Nation's commitment to veterans, including a prioritized list of the missions of the Department; ``(D) a description of the interagency cooperation, preparedness of Federal assets, infrastructure, budget plan, and other elements of the programs and policies of the Nation associated with the strategy referred to in subsection (b)(1) that are required to execute successfully the full range of programs and capabilities identified in such strategy and the programs and capabilities outlined under subsection (b)(2); ``(E) an assessment of the organizational alignment of the Department with the strategy referred to in subsection (b)(1) and the programs and capabilities outlined under subsection (b)(2), including the Department's organizational structure, management systems, budget and accounting systems, human resources systems, procurement systems, and physical and technical infrastructure; ``(F) a discussion of the status of cooperation among Federal agencies in the effort to promote national support for veterans; ``(G) a discussion of the status of cooperation between the Federal Government and State, local, and tribal governments in supporting veterans and providing programs, services, benefits, and outcomes to assist veterans; ``(H) an explanation of any underlying assumptions used in conducting the review; and ``(I) any other matter the Secretary considers appropriate. ``(d) Publication.--The Secretary shall publish on a publically accessible Internet website of the Department each quadrennial veterans review submitted pursuant to subsection (c). ``(e) Independent Veterans Review Panel.--(1) Not later than February 1 of a year in which a quadrennial veterans review is conducted under this section, the Secretary shall establish an independent panel to be known as the Independent Veterans Review Panel (in this subsection referred to as the `Panel'). The Panel shall have the duties set forth in this subsection. ``(2) The Panel shall be composed of 10 members who are recognized experts in matters relating to veterans. The members shall be appointed as follows: ``(A) Two by the chairman of the Committee on Veterans' Affairs of the House of Representatives. ``(B) Two by the chairman of the Committee on Veterans' Affairs of the Senate. ``(C) Two by the ranking member of the Committee on Veterans' Affairs of the House of Representatives. ``(D) Two by the ranking member of the Committee on Veterans' Affairs of the Senate. ``(E) Two by the Secretary, who shall serve as co-chairs of the panel. ``(3) Members shall be appointed for the life of the Panel. Any vacancy in the Panel shall be filled in the same manner as the original appointment. ``(4) The Panel shall have the following duties with respect to a quadrennial veterans review: ``(A) While the review is being conducted, the Panel shall review the updates from the Secretary required under paragraph (7) on the progress of the conduct of the review. ``(B) The Panel shall-- ``(i) review the Secretary's terms of reference and any other materials providing the basis for, or substantial inputs to, the work of the Department of Veterans Affairs on the quadrennial veterans review; ``(ii) conduct an assessment of the assumptions, strategy, findings, and risks included in the report on the quadrennial veterans review required in subsection (c); ``(iii) conduct an independent assessment of a variety of strategies for delivering services and support to veterans; ``(iv) review the resource requirements identified pursuant to subsection (b)(3) and, to the extent practicable, make a general comparison to the resource requirements to support the strategies assessed under this subparagraph; and ``(v) provide to the Committees on Veterans' Affairs of the Senate and the House of Representatives and the Secretary, through the report under paragraph (7), any recommendations the Panel determines appropriate. ``(5) If the Secretary has not appointed members to the Panel under paragraph (2)(E) by February 1 of a year in which a quadrennial veterans review is conducted under this section, the Panel shall convene for its first meeting with the remaining members. ``(6) Not later than three months after the date on which the report on a quadrennial veterans review is submitted under subsection (c) to the Committees on Veterans' Affairs of the Senate and the House of Representatives, the Panel shall submit to such committees a report containing an assessment of the quadrennial veterans review, including a description of the items addressed under paragraph (4) with respect to that quadrennial veterans review. ``(7) Periodically, but not less often than every 60 days during the life of the panel, or at the request of the co-chairs, the Secretary shall brief the Panel on the progress of the conduct of the quadrennial veterans review. ``(8)(A) The Panel may request directly from the Department such information as the Panel considers necessary to carry out its duties under this subsection. The Secretary shall cooperate with the Panel to ensure that information requested by the Panel under this subparagraph is promptly provided to the maximum extent practical. ``(B) Upon the request of the co-chairs, the Secretary shall make available to the Panel the services of any federally funded research and development center that is covered by a sponsoring agreement of the Department. ``(C) The Panel shall have the authorities provided in section 3161 of title 5 and shall be subject to the conditions set forth in such section. ``(D) Funds for activities of the Panel shall be provided from amounts available to the Department. ``(9) The Panel shall terminate 45 days after the date on which the Panel submits the report on the quadrennial veterans review under paragraph (6).''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 119, as added by subsection (a)(2), the following new item: ``120. Quadrennial veterans review.''. (c) Policy Guidance.-- (1) In general.--Such chapter is further amended by adding after section 120, as added by subsection (b)(1), the following new section: ``Sec. 121. Policy guidance ``The Secretary shall provide annually to the appropriate officials of the Department written policy guidance for the preparation and review of the planning and program recommendations and budget proposals of the elements of the Department of such officials. Such guidance shall include guidance on the objectives of the Department in accordance with Future-Years Veterans Program under section 119 of this title and the quadrennial veterans review under section 120 and the resource levels projected to be available for the period of time for which such recommendations and proposals are to be effective.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 120, as added by subsection (b)(2), the following new item: ``121. Policy guidance.''. SEC. 3. CHIEF STRATEGY OFFICER OF THE DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--Chapter 3 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 323. Chief Strategy Officer ``(a) In General.--The Secretary shall designate the Assistant Secretary whose functions include planning, studies, and evaluations as the Chief Strategy Officer of the Department. The Chief Strategy Officer shall advise the Secretary on long-range strategy and implications. ``(b) Responsibilities.--The Chief Strategy Officer is the principal advisor to the Secretary and other senior officials of the Department, and shall provide independent analysis and advice to the Secretary and such officials. The Chief Strategy Officer shall carry out the following responsibilities: ``(1) Conducting cost estimation and cost analysis for the programs of the Department. ``(2) Establishing policies for, and overseeing the integration of, the planning, programming, budgeting and execution process for the Department. ``(3) Providing analysis and advice on matters relating to the planning and programming phase of the planning, programming, budgeting and execution process, and the preparation of materials and guidance for such process, as directed by the Secretary, working in coordination with the Assistant Secretary for Management. ``(4) Developing and executing the Future-Years Veterans Program of the Department, as specified under section 119 of this title. ``(5) Developing resource discussions relating to requirements under consideration in the quadrennial veterans review under section 120 of this title. ``(6) Formulating study guidance for analysis of alternatives for programs and initiatives, including any necessary acquisitions, development, or procurement commensurate with such alternatives, and performance of such analysis as directed by the Secretary. ``(7) Reviewing, analyzing, and evaluating programs for executing approved strategies and policies, ensuring that information on programs and expected outcomes is presented accurately and completely. ``(8) Ensuring that the costs of programs and alternatives are presented accurately and completely by assisting in establishing standards, policies, and procedures for the conduct of cost estimation and cost analysis throughout the Department, including guidance relating to the proper selection of confidence levels in cost estimates generally and for specific programs of the Department. ``(9) Conducting studies at the request of the Secretary regarding costs, policy assumptions, and strategic implications of current policies and possible alternatives. ``(10) Communicating directly to the Secretary and the Deputy Secretary of Veterans Affairs about matters for which the Chief Strategy Officer is responsible without obtaining the approval or concurrence of any other official within the Department.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 322 the following new item: ``323. Chief Strategy Officer.''. SEC. 4. PROHIBITION ON NEW APPROPRIATIONS. No additional funds are authorized to be appropriated to carry out this Act or the amendments made by this Act. This Act and such amendments shall be carried out using amounts otherwise available for the Department of Veterans Affairs. Passed the House of Representatives March 24, 2015. Attest: KAREN L. HAAS, Clerk.

Department of Veterans Affairs Budget Planning Reform Act of 2015 (Sec. 2) Directs the Secretary of Veterans Affairs (VA) to submit annually to Congress a Future-Years Veterans Program (Program) reflecting estimated expenditures and proposed appropriations included in the budget for that fiscal year. Requires the Program to: (1) set forth a five-year VA plan to address the U.S. commitment to veterans and the resources necessary to meet that commitment; (2) be included in VA's annual budget submission to the Congress, starting with the FY2020 budget submission; and (3) be published on a publicly available VA website. Requires the Secretary, in 2019 and quadrennially thereafter, to conduct a review of the strategy for meeting such commitment and resources requirement (Quadrennial Veterans Review) which shall include a comprehensive examination of U.S. policies and strategies for veterans, including recommendations regarding the long-term strategy and priorities for veterans programs, services, and benefits, and guidance on VA programs, assets, budget, and policies. Requires each Review to be coordinated with the Program. Directs the Secretary to: (1) report to Congress regarding each Review, and (2) publish each Review on a public ally available VA website. Directs the Secretary to establish an Independent Veterans Review Panel for each year in which a Review is conducted which shall review the process by which the review is formulated and submit a related report to Congress. Directs the Secretary to provide annually to the appropriate VA officials written policy guidance for the preparation and review of the planning and program recommendations and budget proposals of the VA elements of such officials. (Sec. 3) Directs the Secretary to designate a Chief Strategy Officer to: (1) advise the Secretary on long-range VA strategy and implications, and (2) develop and execute the Program. (Sec. 4) States that: (1) no additional funds are authorized to be appropriated to carry out this Act, and (2) this Act shall be carried out using funds otherwise available to VA.

Department of Veterans Affairs Budget Planning Reform Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Meningococcal Vaccination Act of 2004''. SEC. 2. VACCINATION REQUIREMENTS. Part G of title IV of the Higher Education Act of 1965 is amended by inserting after section 485C (20 U.S.C. 1092c) the following new section: ``SEC. 485D. VACCINATION REQUIREMENTS. ``(a) Definitions.--As used in this section: ``(1) The term `enrolled' means having registered for a credit or noncredit course. ``(2) The term `postsecondary institution' means a school of post-secondary education that generally limits enrollment to graduates of secondary schools and awards degrees at the associate, baccalaureate, or graduate level. ``(3) The term `meningococcal vaccination' means receipt of the vaccine protecting against at least the four serogroups of A, C, Y, and W-135 of meningococcal disease within the 3 years preceding the date on which the individual moves into on-campus student housing. ``(4) The term `on-campus student housing' means housing provided to individuals, regardless of the fee, that is owned, rented, or contracted for and operated by a postsecondary institution, or through written agreement, with an agent of the postsecondary institution. ``(b) Required Meningococcal Vaccination.--Except as provided in subsection (c), an individual enrolled in a postsecondary institution living in on-campus student housing shall-- ``(1) obtain a meningococcal vaccination; and ``(2) submit written documentation to the postsecondary institution from a health care professional or clinic of receipt of a meningococcal vaccination. ``(c) Notification of Required Meningococcal Vaccination.--A postsecondary institution shall-- ``(1) inform an individual or the parent or guardian of an individual younger than 18 years old of the requirement for meningococcal vaccination at the time the individual-- ``(A) is accepted for admission to a postsecondary institution; or ``(B) registers for classes, if the individual is not required to apply for admission before registering for courses; ``(2) include notice of the requirement for meningococcal vaccination in-- ``(A) admission acceptance information; ``(B) student health-related information and materials; ``(C) resident life information and materials; ``(D) the student handbook; and ``(E) the college catalog; and ``(3) provide detailed information to an individual who resides or may reside in on-campus student housing or the parent or guardian of an individual younger than 18 years old who resides or may reside in on-campus student housing concerning-- ``(A) the risks associated with meningococcal disease; and ``(B) the availability and effectiveness of meningococcal vaccine. ``(d) Exemption From Meningococcal Vaccination Requirement.-- ``(1) Adults.--An individual 18 years old or older is exempt from the meningococcal vaccination requirement under section 3 if the individual presents to the postsecondary institution a signed written waiver in the form required by section 6 stating that the individual has-- ``(A) received and reviewed the information specified in section 4; and ``(B) chosen not to obtain the meningococcal vaccination. ``(2) Minors.--An individual younger than 18 years old is exempt from the meningococcal vaccination requirement under section 3 if a signed written waiver in the form required by section 6 is presented to the postsecondary institution on behalf of the individual stating that a parent or guardian of the individual has-- ``(A) received and reviewed the information specified in section 4; and ``(B) chosen not to have the individual obtain the meningococcal vaccination. ``(e) Waiver Form.-- ``(1) Adults.--A waiver form for an individual 18 years old or older shall-- ``(A) state that the individual-- ``(i) is 18 years old or older; ``(ii) has received and reviewed the information provided by the postsecondary institution on the risk of meningococcal disease and the availability and effectiveness of meningococcal vaccine; and ``(iii) chooses to waive the receipt of meningococcal vaccine; and ``(B) provide spaces for the-- ``(i) printed name of the individual; ``(ii) signature of the individual; and ``(iii) date. ``(2) Minors.--A waiver form for an individual younger than 18 years old shall-- ``(A) state that-- ``(i) the individual is younger than 18 years old; ``(ii) the parent or guardian of the individual has received and reviewed the information provided by the postsecondary institution on the risk of meningococcal disease and the availability and effectiveness of meningococcal vaccine; and ``(iii) the parent or guardian of the individual chooses to waive the receipt of meningococcal vaccine for the individual; and ``(B) provide spaces for the-- ``(i) printed name of the individual; ``(ii) printed name of the parent or guardian; ``(iii) signature of the parent or guardian; and ``(iv) date. ``(f) Payment for Inoculation.--Nothing in this section shall be construed to require a postsecondary institution or a local public health agency to provide or pay for a meningococcal vaccination.''.

Meningococcal Vaccination Act of 2004 - Amends the Higher Education Act of 1965 to require entering students who will reside in on-campus housing at postsecondary institutions to have received meningococcal vaccinations.

To require entering students who will reside in on-campus housing at postsecondary institutions to have received meningococcal vaccinations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Gulf Coast Back to Business and Homes Act of 2006''. SEC. 2. FINDINGS. Congress finds that-- (1) 43 percent of businesses that close following a natural disaster never reopen; (2) an additional 29 percent of businesses close down permanently within 2 years of a natural disaster; (3) Hurricane Katrina struck the Gulf Coast of the United States on August 29, 2005, negatively impacting small business concerns and disrupting commerce in the States of Louisiana, Mississippi, and Alabama; (4) Hurricane Rita struck the Gulf Coast of the United States on September 24, 2005, negatively impacting small business concerns and disrupting commerce in the States of Texas and Louisiana; (5) according to the United States Chamber of Commerce, more than 125,000 small and medium-sized businesses in the Gulf Coast were disrupted by Hurricane Katrina or Hurricane Rita; (6) due to a slow initial Federal response and the widespread devastation in the affected States, businesses impacted by Hurricane Katrina are in dire need of increased access to capital and technical assistance to recover and prosper; and (7) without the full recovery and prosperity of affected businesses, the Gulf Coast, and the rest of the United States, will be negatively impacted. SEC. 3. DEFINITIONS. In this Act-- (1) the term ``Disaster Area'' means an area in which the President has declared a major disaster in response to Hurricane Katrina of 2005 or Hurricane Rita of 2005; (2) the term ``major disaster'' has the meaning given the term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122); and (3) the term ``small business concern'' has the meaning given the term in section 3 of the Small Business Act (15 U.S.C. 632). SEC. 4. SMALL BUSINESS CONCERN RECOVERY GRANTS. (a) In General.--There are authorized to be appropriated to the Secretary of Commerce $100,000,000 for the Economic Development Administration of the Department of Commerce to make grants to the appropriate State government agencies in Louisiana, Alabama, Mississippi, and Texas, to carry out this section. (b) Disbursement of Funds.--The Department of Commerce shall disburse the funds authorized under subsection (a) in the most expeditious manner possible to the designated States, based on-- (1) the number of small business concerns directly damaged or disrupted by Hurricane Katrina of 2005 or Hurricane Rita of 2005 in the State; (2) the number of residents displaced from the State by Hurricane Katrina of 2005 or Hurricane Rita of 2005; (3) the number of jobs lost or disrupted by Hurricane Katrina of 2005 or Hurricane Rita of 2005 in the State; (4) the extent of economic disruption by Hurricane Katrina of 2005 or Hurricane Rita of 2005 in the State; and (5) the number of evacuees from any other State due to Hurricane Katrina of 2005 or Hurricane Rita of 2005, to whom the designated State is providing assistance. (c) Use of Funds.-- (1) In general.--Grants awarded to a State under subsection (a) shall be used by the State to provide grants, which may be made to any small business concern located in a Disaster Area that was negatively impacted by Hurricane Katrina of 2005 or Hurricane Rita of 2005, to assist such small business concern for the purposes of-- (A) paying employees; (B) paying bills and other existing financial obligations; (C) making repairs; (D) purchasing inventory; (E) restarting or operating that business in the community in which it was conducting operations prior to Hurricane Katrina of 2005 or Hurricane Rita of 2005, or to a neighboring area or county or parish in a Disaster Area; or (F) covering additional costs until that small business concern is able to obtain funding through insurance claims, Federal assistance programs, or other sources. (2) Criteria.--Notwithstanding any other provision of law, in making grants under paragraph (1), a State may use such criteria as the State determines appropriate, and shall not be required to apply eligibility criteria for programs administered by the Federal Government, including the Department of Commerce. (3) Administrative expenses.--The Department of Commerce may use not more than $1,000,000 of the funds authorized under subsection (a) to administer the provision of grants to the designated States under this subsection. SEC. 5. DISASTER LOANS AFTER HURRICANE KATRINA OR HURRICANE RITA. (a) In General.--Section 7(b) of the Small Business Act (15 U.S.C. 636(b)) is amended by inserting immediately after paragraph (3) the following: ``(4) Disaster loans after hurricane katrina or hurricane rita in a disaster area.-- ``(A) Definitions.--In this paragraph-- ``(i) the term `Disaster Area' means an area in which the President has declared a major disaster in response to Hurricane Katrina of 2005 or Hurricane Rita of 2005; and ``(ii) the term `qualified borrower' means a person to whom the Administrator made a loan under this section because of Hurricane Katrina of 2005 or Hurricane Rita of 2005. ``(B) Deferment of disaster loan payments.-- ``(i) In general.--Notwithstanding any other provision of law, payments of principal and interest on a loan to a qualified borrower made before December 31, 2006, shall be deferred, and no interest shall accrue with respect to such loan, during the time period described in clause (ii). ``(ii) Time period.--The time period for purposes of clause (i) shall be 1 year from the later of the date of enactment of this paragraph or the date on which funds are distributed under a loan described in clause (i), but may be extended to 2 years from such date, at the discretion of the Administrator. ``(iii) Resumption of payments.--At the end of the time period described in clause (ii), the payment of periodic installments of principal and interest shall be required with respect to such loan, in the same manner and subject to the same terms and conditions as would otherwise be applicable to any other loan made under this subsection.''. (b) Increasing Collateral Requirements.-- (1) In general.--Notwithstanding any other provision of law, including section 7(c)(6) of the Small Business Act (15 U.S.C. 636(c)(6)), the Administrator may not require collateral for any covered loan made by the Administrator. (2) Definition.--In this subsection, the term ``covered loan'' means a loan in an amount of not more than $35,000 made-- (A) under section 7(b)(1) of the Small Business Act (15 U.S.C. 636(b)(1)); (B) as a result of Hurricane Katrina of 2005 or Hurricane Rita of 2005; and (C) after the date of enactment of this Act. SEC. 6. WAIVER OF DUPLICATION OF CERTAIN BENEFITS. (a) In General.--Chapter 9 of title II of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 (Public Law 109-234; 120 Stat. 471) is amended under the heading ``community development fund (including transfer of funds)'' under the heading ``Community Planning and Development'' under the heading ``DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'', by inserting after ``Army Corps of Engineers:'' the following: ``Provided further, That notwithstanding the previous proviso or any other provision of law, in providing assistance in the State of Louisiana, the Administrator of the Small Business Administration may (in determining whether activities are reimbursable under, or whether funds have been made available under, the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) using amounts made available under this heading) use as the amount of a loan under section 7(b) of the Small Business Act (15 U.S.C. 636(b)) the amount attributable to the difference between the rate of interest on such loan and the market rate at which such borrower could have borrowed such funds, over the period of such loan:''. (b) Effective Date and Applicability.-- (1) Effective date.--The amendments made by this section shall be deemed to have taken effect as though enacted as part of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 (Public Law 109-234; 120 Stat. 418). (2) Applicability.--The amendments made by this section shall apply to any application for assistance under section 7(b) of the Small Business Act (15 U.S.C. 636(b)) that is submitted not later than 1 year after the date of enactment of this Act.

Gulf Coast Back to Business and Homes Act of 2006 - Authorizes appropriations for the Economic Development Administration of the Department of Commerce to make grants to appropriate state government agencies in Louisiana, Alabama, Mississippi, and Texas for assistance to small businesses located in a disaster area that was negatively affected by Hurricanes Katrina or Rita in 2005. Amends the Small Business Act to require the deferment of payments of principal and interest on loans made by the Small Business Administration (SBA) before December 31, 2006, to a small business located in a disaster area negatively affected by such hurricanes. Amends the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 to authorize the SBA Administrator to waive the duplication of certain benefits with respect to hurricane recovery loans made to affected small businesses in Louisiana.

A bill to address ongoing small business and homeowner needs in the Gulf Coast States impacted by Hurricane Katrina and Hurricane Rita.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Holocaust Victims Insurance Act''. SEC. 2. STATUS OF POLICIES. (a) Report.--Any person engaged in the business of insurance in the United States directly or through a related company during the period 1920 to 1945 shall, within 90 days of the enactment of this Act, report to the Secretary of the Commerce on-- (1) the number of insurance policies issued during such period; (2) the holder, beneficiary, and current status of those policies; (3) the attempts made by such person to locate the beneficiaries of such policies for which no claim of benefits has been made; (4) a comparison of the names of the holders and beneficiaries of such policies and the names of the victims of the Holocaust; (5) the reason such person is unable, after reasonable and good faith efforts, to provide information described in paragraphs (1) through (4); and (6) any money contributed to a fund established to compensate victims of the Holocaust as discussed in section 3(b) of this Act. (b) Penalty.--Any person who does not file a report as required by subsection (a) shall be subject to a civil penalty of $1,000 for each day such a report is not filed as required. (c) Transmission of Report.--The Secretary of Commerce shall immediately upon receipt transmit the report required by subsection (a) to the Committees on Commerce of the House of Representatives and the Senate. SEC. 3. PAYMENT OF PROCEEDS OF INSURANCE. (a) Payments.--If such a person engaged in the business of insurance determines that it issued insurance policies to individuals who were victims of the Holocaust, such person shall pay to the beneficiaries or descendants of the victims the proceeds of such policies. (b) Fund.--Any such person who does not have records of the individuals to whom it issued life insurance policies during the period 1920 to 1945 is strongly encouraged to establish a substantial monetary fund to compensate victims of the Holocaust. Such fund should be derived from sources including the policies for which there is no one entitled to its proceeds because the holder and all beneficiaries perished in the Holocaust. SEC. 4. REPORT. The Secretary of Commerce, in consultation with State insurance commissioners, shall, within 180 days of the enactment of this Act, report to the Committees on Commerce of the House of Representatives and the Senate, to the extent possible, on-- (1) the number of individuals who were victims of the Holocaust who held life insurance policies during the period 1920 to 1945; (2) the number of such individuals for whom payment was made under such policies and the amount of such payments; (3) the number of such policies for which no payment has been made; (4) the number of such policies for which payment was made to persons other than the policy holder or their beneficiaries; (5) the names of the companies which issued such policies; and (6) the relationship (if any) between such companies and the governments of Germany, Italy, Austria, Croatia, Vichy France, Hungary, Romania, Switzerland, and other provisional governments in Nazi occupied countries. SEC. 5. REGISTRY. The United States Holocaust Memorial Museum shall develop a registry of those who died in the Holocaust which shall be made available to the general public, including insurance companies preparing a report under section 2(a). Such sums as may be necessary are authorized to be appropriated for this purpose. SEC. 6. STATUTE OF LIMITATIONS. Any action brought by Holocaust victim or heir or beneficiary of a Holocaust victim, seeking proceeds of such policies issued or in effect between 1920 and 1945 shall not be dismissed for failure to comply with the applicable statute of limitations or laches provided the action is commenced on or before December 31, 2010. SEC. 7. DEFINITIONS. For the purpose of this Act: (1) Related company.--The term ``related company'' means any parent, subsidiaries, or affiliated companies at least 50 percent of whose stock is in common ownership with an insurance carrier doing business in the United States. (2) Victim of the holocaust.--The term ``victim of the Holocaust'' means any person who lost his or her life or property as a result of discriminatory laws, policies, or actions targeted against discrete groups of persons between April 1933 and May 1945 in Nazi Germany, areas occupied by Nazi Germany, and or countries allied with Nazi Germany. (3) Insurance policies.--The term `insurance policies'' means, but is not limited to, life insurance, property insurance, dowry, or education policies. (4) Proceeds of such policies.--The term ``proceeds of such policies'' means the face or other payout value of policies and annuities plus reasonable interest to date of payment without diminution for wartime or immediate postwar currency devaluation.

Holocaust Victims Insurance Act - Requires any person engaged in the insurance business in the United States directly or through a related company during the period 1920 to 1945 to report to the Secretary of Commerce within 90 days of the enactment of this Act on the current status of the insurance policies issued during such period. Imposes a civil penalty upon any person who does not file a report. Directs the Secretary to immediately upon receipt transmit such reports to the House and Senate Committees on Commerce. Requires a person engaged in the insurance business that determines that it issued insurance policies to individuals who were Holocaust victims to pay to the beneficiaries or descendants of the victims the proceeds of such policies. Encourages strongly any such person who does not have records of the individuals to whom it issued life insurance policies during the period 1920 to 1945 to establish a substantial monetary fund to compensate Holocaust victims. Requires the Secretary to report to the House and Senate Committees on Commerce on the number of individuals who were Holocaust victims who held life insurance policies during the period 1920 to 1945. Directs the U.S. Holocaust Memorial Museum to develop a registry of those who died in the Holocaust which shall be made available to the public, including insurance companies preparing a report under this Act. Authorizes appropriations. Prohibits any action brought by a Holocaust victim or heir or beneficiary of a Holocaust victim seeking proceeds of such policies issued or in effect between 1920 and 1945 from being dismissed for failure to comply with the applicable statute of limitations or laches provided the action is commenced on or before December 31, 2010.

Holocaust Victims Insurance Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Charity Reform Act''. 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 individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the qualified charitable contributions which are paid by the taxpayer during the taxable year. ``(b) Limitation.--The credit allowed by subsection (a) for the taxable year shall not exceed $500 ($1,000 in the case of a joint return under section 6013). ``(c) Qualified Charitable Contribution.--For purposes of this section, the term `qualified charitable contribution' means any charitable contribution (as defined in section 170(c)) made in cash to a qualified charity but only if the amount of each such contribution, and the recipient thereof, 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 which is described in section 501(c)(3) and exempt from tax under section 501(a), and-- ``(A) which, upon request by the organization, is certified by the Secretary as meeting the requirements of paragraphs (2) and (3), or ``(B)(i) which is organized to solicit and collect gifts and grants which, by agreement, are distributed to qualified charities described in subparagraph (A), ``(ii) with respect to which at least 85 percent of the funds so collected are distributed to qualified charities described in subparagraph (A), and ``(iii) which meets the requirements of paragraph (5). ``(2) Charity must primarily assist the poor.--An organization meets the requirements of this paragraph only if the Secretary reasonably expects that the predominant activity of such organization will be the providing of services to individuals and families which are designed to prevent or alleviate poverty among such individuals and families. ``(3) Minimum expense requirement.-- ``(A) In general.--An organization meets the requirements of this paragraph only if the Secretary reasonably expects that the annual poverty program expenses of such organization will not be less than 70 percent of the annual aggregate expenses of such organization. ``(B) Poverty program expense.--For purposes of subparagraph (A)-- ``(i) In general.--The term `poverty program expense' means any expense in providing program services referred to in paragraph (2). ``(ii) Exceptions.--Such term shall not include-- ``(I) any management or general expense, ``(II) any expense 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). ``(4) Election to treat poverty programs as separate organization.-- ``(A) In general.--An organization may elect to treat one or more programs operated by it as a separate organization for purposes of this section. ``(B) Effect of election.--If an organization elects the application of this paragraph, the organization, in accordance with regulations, shall-- ``(i) maintain separate accounting for revenues and expenses of programs with respect to which the election was made, ``(ii) ensure that contributions to which this section applies be used only for such programs, and ``(iii) provide for the proportional allocation of management, general, and fundraising expenses to such programs to the extent not allocable to a specific program. ``(C) Reporting requirements.--An organization shall not be required to file any return under section 6033 with respect to any programs treated as a separate organization under this paragraph, except that if the organization is otherwise required to file such a return, such organization shall include on such return the percentages described in the last sentence of section 6033(b) which are determined with respect to such separate organization. ``(5) Additional requirements for solicitation organizations.--The requirements of this paragraph are met if the organization-- ``(A) maintains separate accounting for revenues and expenses, and ``(B) makes available to the public its administrative and fundraising costs and information as to the organizations receiving funds from it and the amount of such funds. ``(e) Coordination With Deduction for Charitable Contributions.-- ``(1) Credit in lieu of deduction.--The credit provided by subsection (a) for any qualified charitable contribution shall be in lieu of any deduction otherwise allowable under this chapter for such contribution. ``(2) Election to have section not apply.--A taxpayer may elect for any taxable year to have this section not apply.'' (b) Returns.-- (1) 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) Qualified charities 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, 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 apply only during the 3-year period beginning on the filing date (as defined in paragraph (1)(D) of the return requested).'' (2) Additional information.--Section 6033(b) of such Code is amended by adding at the end the following new flush sentence: ``Each qualified charity (as defined in section 23(d)) to which this subsection otherwise applies shall also furnish each of the percentages determined by dividing the following categories of the organization's expenses for the year by its total expenses for the year: program services; management and general; fundraising; and payments to affiliates.'' (c) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 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 after the 90th day after the date of the enactment of this Act in taxable years ending after such date. SEC. 3. DEDUCTION FOR CHARITABLE CONTRIBUTIONS TO BE ALLOWED TO INDIVIDUALS WHO DO NOT ITEMIZE DEDUCTIONS. (a) In General.--Section 170 of the Internal Revenue Code of 1986 (relating to charitable, etc., contributions and gifts) is amended by redesignating subsection (m) as subsection (n) and by inserting after subsection (l) the following new subsection: ``(m) Deduction for Individuals Not Itemizing Deductions.--In the case of an individual who does not itemize deductions for the taxable year, the amount allowable under subsection (a) for the taxable year shall be taken into account as a direct charitable deduction under section 63.'' (b) Direct Charitable Deduction.-- (1) In general.--Subsection (b) of section 63 of such Code is amended by striking ``and'' at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting ``, and'', and by adding at the end thereof the following new paragraph: ``(3) the deduction for charitable contributions under section 170(m).'' (2) Conforming amendment.--Subsection (d) of section 63 of such Code is amended by striking ``and'' at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting ``, and'', and by adding at the end the following new paragraph: ``(3) the deduction for charitable contributions under section 170(m).'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1995. SEC. 4. CHARITABLE CONTRIBUTION DEDUCTION NOT SUBJECT TO OVERALL LIMITATION ON ITEMIZED DEDUCTIONS. (a) In General.--Subsection (c) of section 68 of the Internal Revenue Code of 1986 (relating to overall limitation on itemized deductions) is amended by striking ``and'' at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting ``, and'', and by adding at the end thereof the following new paragraph: ``(4) the deduction under section 170 (relating to charitable, etc., contributions and gifts).'' (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 1995. SEC. 5. CHARITABLE CONTRIBUTIONS MADE BEFORE FILING OF RETURN. (a) In General.--Subsection (a) of section 170 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(4) Time when contributions deemed made.--The taxpayer may elect to treat any charitable contribution which is made not later than the time prescribed by law for filing the return for the taxable year (not including extensions thereof) as being made on the last day of such taxable year. Such an election, once made, shall be irrevocable.'' (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1994. SEC. 6. FINANCIAL ACCOUNTABILITY REPORTING REQUIREMENT FOR GOVERNMENTAL POVERTY AND WELFARE PROGRAMS. (a) In General.--Each applicable welfare program shall publish in the Federal Register and other publications generally available to the public within a reasonable period of time following the end of a fiscal year the following information for the fiscal year: (1) Information required to be included on a return under section 6033 of the Internal Revenue Code of 1986 by an organization described in section 501(c)(3) of such Code, including expenses for program services, administrative and general costs, and fundraising. (2) The percentages determined by dividing the following categories of the program's expenses for the year by its total expenses for the year: program services; management and general; and fundraising. (b) Additional Availability.--Each applicable welfare program shall make the information described in subsection (a) available at its principal office and at any of its regional or district offices. Upon request of an individual made at any such office, the program shall provide a copy of the information to such individual without charge other than a reasonable fee for any reproduction and mailing costs. Such request shall be met within 30 days (or immediately if made in person). (c) Applicable Welfare Program.--For purposes of this section, an applicable welfare program is a Federal, State, or local welfare or public assistance program for which Federal funds are appropriated. SEC. 7. STANDARDS FOR DETERMINING SUCCESS OF GOVERNMENTAL WELFARE PROGRAMS. (a) In General.--The Comptroller General of the United States shall conduct a study with respect to applicable welfare programs to develop standards to determine-- (1) whether such programs meet the needs for which the programs were established, and (2) if such programs meet such needs, whether they do so in a cost-effective manner. For purposes of this subsection, the term ``applicable welfare program'' has the meaning given such term by section 6(c). (b) Report.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall report to the Congress the results of the study conducted under subsection (a), including the standards described therein.

Comprehensive Charity Reform Act - Amends the Internal Revenue Code to allow an individual a tax credit not exceeding $500 ($1,000 for a joint return) for qualified charitable contributions paid to certain private charities providing assistance to the poor. Sets forth provisions providing for the coordination of the credit with deductions allowable for charitable contributions. Allows an individual who does not itemize deductions for the taxable year a direct charitable deduction in the amount allowable for qualified charitable organizations. Exempts the charitable contribution deduction from the overall limitation on itemized deductions. Allows the taxpayer to elect to treat any charitable contribution made before the time prescribed by law for filing of the return for the taxable year (not including extensions) as being made on the last day of such taxable year and makes such an election irrevocable.

Comprehensive Charity Reform Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Education Development Initiative for the 21st Century Act''. SEC. 2. PURPOSE. The purpose of this Act is to provide rural school students in the United States with increased learning opportunities. SEC. 3. FINDINGS. Congress makes the following findings: (1) While there are rural education initiatives identified at the State and local level, no Federal education policy focuses on the specific needs of rural school districts and schools, especially those that serve poor students. (2) The National Center for Educational Statistics (NCES) reports that while 46 percent of our Nation's public schools serve rural areas, they only receive 22 percent of the Nation's education funds annually. (3) A critical problem for rural school districts involves the hiring and retention of qualified administrators and certified teachers (especially in Special Education, Science, and Mathematics). Consequently, teachers in rural schools are almost twice as likely to provide instruction in two or more subjects than teachers in urban schools. Rural schools also face other tough challenges, such as shrinking local tax bases, high transportation costs, aging buildings, limited course offerings, and limited resources. (4) Data from the National Assessment of Educational Progress (NAEP) consistently shows large gaps between the achievement of students in high-poverty schools and those in other schools. High-poverty schools will face special challenges in preparing their students to reach high standards of performance on State and national assessments. SEC. 4. DEFINITIONS. In this Act: (1) Elementary school; local educational agency; secondary school; state educational agency.--The terms ``elementary school'', ``local educational agency'', ``secondary school'', and ``State educational agency'' have the meanings given the terms in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (2) Eligible local educational agency.--The term ``eligible local educational agency'' means a local educational agency that serves-- (A) a school age population 15 percent or more of whom are from families with incomes below the poverty line; and (B)(i) a school locale code of 6, 7, 8; or (ii) a school age population of 800 or fewer students. (3) Rural area.--The term ``rural area'' includes the area defined by the Department of Education using school locale codes 6, 7, and 8. (4) Poverty line.--The term ``poverty line'' means the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a family of the size involved. (5) School locale code.--The term ``school locale code'' has the meaning as defined by the Department of Education. (6) School age population.--The term ``school age population'' means the number of students aged 5 through 17. (7) Secretary.--The term ``Secretary'' means the Secretary of Education. SEC. 5. PROGRAM AUTHORIZED. (a) Reservation.--From amounts appropriated under section 9 for a fiscal year the Secretary shall reserve 0.5 percent to make awards to elementary or secondary schools operated or supported by the Bureau of Indian Affairs to carry out the purpose of this Act. (b) Grants to States.-- (1) In general.--From amounts appropriated under section 9 that are not reserved under subsection (a) for a fiscal year, the Secretary shall award grants to State educational agencies that have applications approved under section 7 to enable the State educational agencies to award grants to eligible local educational agencies for local authorized activities described in subsection (c). (2) Formula.-- (A) In general.--Each State educational agency shall receive a grant under this section in an amount that bears the same relation to the amount of funds appropriated under section 9 that are not reserved under subsection (a) for a fiscal year as the school age population served by eligible local educational agencies in the State bears to the school age population served by eligible local educational agencies in all States. (B) Data.--In determining the school age population under subparagraph (A) the Secretary shall use the most recent data available from the Bureau of the Census. (3) Direct awards to local educational agencies.--If a State educational agency elects not to participate in the program under this Act or does not have an application approved under section 7, the Secretary may award, on a competitive basis, the amount the State educational agency is eligible to receive under paragraph (2) directly to eligible local educational agencies in the State. (4) Matching requirement.--Each eligible local educational agency that receives a grant under this Act shall contribute resources with respect to the local authorized activities to be assisted, in cash or in kind, from non-Federal sources, in an amount equal to the Federal funds awarded under the grant. (c) Local Authorized Activities.--Grant funds awarded to local educational agencies under this Act shall be used for-- (1) for local educational technology efforts as established under section 6844 of title 20, United States Code; (2) for professional development activities designed to prepare those teachers teaching out of their primary subject area; (3) for academic enrichment programs established under section 10204 of title 20 in United States Code; (4) innovative academic enrichment programs related to the educational needs of students at-risk of academic failure, including remedial instruction in one or more of the core subject areas of English, Mathematics, Science, and History; or (5) activities to recruit and retain highly qualified teachers in Special Education, Math, and Science. (d) Relation to Other Federal Funding.--Funds received under this Act by a State educational agency or an eligible local educational agency shall not be taken into consideration in determining the eligibility for, or amount of, any other Federal funding awarded to the agency. SEC. 6. STATE DISTRIBUTION OF FUNDS. (a) Award Basis.--A State educational agency shall award grants to eligible local educational agencies according to a formula or competitive grant program developed by the State educational agency and approved by the Secretary. (b) First Year.--For the first year that a State educational agency receives a grant under this Act, the State educational agency-- (1) shall use not less than 99 percent of the grant funds to award grants to eligible local educational agencies in the State; and (2) may use not more than 1 percent for State activities and administrative costs and technical assistance related to the program. (c) Succeeding Years.--For the second and each succeeding year that a State educational agency receives a grant under this Act, the State educational agency-- (1) shall use not less than 99.5 percent of the grant funds to award grants to eligible local educational agencies in the State; and (2) may use not more than 0.5 percent of the grant funds for State activities and administrative costs related to the program. SEC. 7. APPLICATIONS. Each State educational agency, or local educational agency eligible for a grant under section 5(b)(3), that desires a grant under this Act shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. SEC. 8. REPORTS; ACCOUNTABILITY; STUDY. (a) State Reports.-- (1) Contents.--Each State educational agency that receives a grant under this Act shall provide an annual report to the Secretary. The report shall describe-- (A) the method the State educational agency used to award grants to eligible local educational agencies under this Act; (B) how eligible local educational agencies used funds provided under this Act; (C) how the State educational agency provided technical assistance for an eligible local educational agency that did not meet the goals and objectives described in subsection (c)(3); and (D) how the State educational agency took action against an eligible local educational agency if the local educational agency failed, for 2 consecutive years, to meet the goals and objectives described in subsection (c)(3). (2) Availability.--The Secretary shall make the annual State reports received under paragraph (1) available for dissemination to Congress, interested parties (including educators, parents, students, and advocacy and civil rights organizations), and the public. (b) Local Educational Agency Reports.--Each eligible local educational agency that receives a grant under section 5(b)(3) shall provide an annual report to the Secretary. The report shall describe how the local educational agency used funds provided under this Act and how the local educational agency coordinated funds received under this Act with other Federal, State, and local funds. (c) Report to Congress.--The Secretary shall prepare and submit to Congress an annual report. The report shall describe-- (1) the methods the State educational agencies used to award grants to eligible local educational agencies under this Act; (2) how eligible local educational agencies used funds provided under this Act; and (3) the progress made by State educational agencies and eligible local educational agencies receiving assistance under this Act in meeting specific, annual, measurable performance goals and objectives established by such agencies for activities assisted under this Act. (d) Accountability.--The Secretary, at the end of the third year that a State educational agency participates in the program assisted under this Act, shall permit only those State educational agencies that met their performance goals and objectives, for two consecutive years, to continue to participate in the program. (e) Study.--The Comptroller General of the United States shall conduct a study regarding the impact of assistance provided under this Act on student achievement. The Controller General shall report the results of the study to Congress. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $300,000,000 for each of the fiscal years 2002 through 2005.

Rural Education Development Initiative for the 21st Century Act - Directs the Secretary of Education to make: (1) formula grants to applicant State educational agencies to award subgrants to rural local educational agencies (LEAs) serving certain percentages of children from poor families, for elementary and secondary education development activities; and (2) direct competitive grants for such activities to specially qualified LEAs in nonparticipating States.Requires LEAs or their schools to use such funds for: (1) educational technology, including software and hardware; (2) professional development; (3) technical assistance; (4) teacher recruitment and retention; (5) parental involvement activities; or (6) academic enrichment programs or other education programs.

A bill to provide for improved educational opportunities in rural schools and districts, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Strategic Refinery Reserve Act of 2007''. SEC. 2. DEFINITIONS. In this Act: (1) Reserve.--The term ``Reserve'' means the Strategic Refinery Reserve established under section 3. (2) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 3. STRATEGIC REFINERY RESERVE. (a) Establishment.-- (1) In general.--The Secretary shall establish and operate a Strategic Refinery Reserve in the United States. (2) Authorities.--To carry out this section, the Secretary may contract for-- (A) the construction or operation of new refineries; or (B) the acquisition or reopening of closed refineries. (b) Operation.--The Secretary shall operate the Reserve-- (1) to provide petroleum products to-- (A) the Federal Government (including the Department of Defense); and (B) any State governments and political subdivisions of States that opt to purchase refined petroleum products from the Reserve; and (2) to provide petroleum products to the general public during any period described in subsection (c). (c) Emergency Periods.--The Secretary shall make petroleum products from the Reserve available under subsection (b)(2) only if the President determines that-- (1) there is a severe energy supply interruption (as defined in section 3 of the Energy Policy and Conservation Act (42 U.S.C. 6202)); or (2)(A) there is a regional petroleum product supply shortage of significant scope and duration; and (B) action taken under subsection (b)(2) would directly and significantly assist in reducing the adverse impact of the shortage. (d) Locations.--In determining the location of a refinery for inclusion in the Reserve, the Secretary shall take into account-- (1) the impact of the refinery on the local community, as determined after requesting and reviewing any comments from State and local governments and the public; (2) regional vulnerability to-- (A) natural disasters; and (B) terrorist attacks; (3) the proximity of the refinery to the Strategic Petroleum Reserve; (4) the accessibility of the refinery to energy infrastructure and Federal facilities (including facilities under the jurisdiction of the Department of Defense); (5) the need to minimize adverse public health and environmental impacts; and (6) the energy needs of the Federal Government (including the Department of Defense). (e) Increased Capacity.--The Secretary shall ensure that refineries in the Reserve are designed to provide a rapid increase in production capacity during periods described in subsection (c). (f) Implementation Plan.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to Congress a plan for the establishment and operation of the Reserve under this section. (2) Requirements.--The plan required under paragraph (1) shall-- (A)(i)(I) provide for, within 2 years after the date of enactment of this Act, a capacity within the Reserve equal to 5 percent of the total United States daily demand for gasoline, diesel, and aviation fuel; and (II) provide for a capacity within the Reserve such that not less than 75 percent of the gasoline and diesel fuel produced by the Reserve contain an average of 10 percent renewable fuel (as defined in 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)); or (ii) if the Secretary finds that achieving the capacity described in subclause (I) or (II) of clause (i) is not feasible within 2 years after the date of enactment of this Act, include-- (I) an explanation from the Secretary of the reasons why achieving the capacity within the timeframe is not feasible; and (II) provisions for achieving the required capacity as soon as practicable; and (B) provide for adequate delivery systems capable of providing Reserve product to the entities described in subsection (b)(1). (g) Coordination.--The Secretary shall carry out this section in coordination with the Secretary of Defense. (h) Compliance With Federal Environmental Requirements.--Nothing in this section affects any requirement to comply with Federal or State environmental or other laws. SEC. 4. REPORTS ON REFINERY CLOSURES. (a) Reports to Secretary.-- (1) In general.--Not later than 180 days before permanently closing a refinery in the United States, the owner or operator of the refinery shall submit to the Secretary notice of the closing. (2) Requirements.--The notice required under paragraph (1) with respect to a refinery to be closed shall include an explanation of the reasons for the closing of the refinery. (b) Reports to Congress.--The Secretary shall, in consultation with the Secretary of Defense, the Administrator of the Environmental Protection Agency, and the Federal Trade Commission and as soon as practicable after receipt of a report under subsection (a), submit to Congress-- (1) the report; and (2) an analysis of the effects of the proposed closing covered by the report on-- (A) in accordance with the Clean Air Act (42 U.S.C. 7401 et seq.), supplies of clean fuel; (B) petroleum product prices; (C) competition in the refining industry; (D) the economy of the United States; (E) regional economies; (F) regional supplies of refined petroleum products; (G) the supply of fuel to the Department of Defense; and (H) energy security.

Strategic Refinery Reserve Act of 2007 - Directs the Secretary of Energy to establish and operate a Strategic Refinery Reserve. Authorizes the Secretary to contract for: (1) the construction or operation of new refineries; or (2) the acquisition or reopening of closed refineries. Instructs the Secretary to operate the Reserve to provide petroleum products to: (1) the federal government (including the Department of Defense); (2) any state governments and their political subdivisions that opt to purchase refined petroleum products from the Reserve; and (3) the general public during certain emergency periods. Directs the Secretary to ensure that refineries in the Reserve are designed to provide a rapid increase in production capacity during such emergency periods. Requires a refinery owner or operator to notify the Secretary, with an explanation, not later than 180 days before permanently closing a refinery in the United States. Requires the Secretary to report the notification and explanation to Congress, together with an analysis of the effects of the proposed closing.

A bill to require the Secretary of Energy to establish a strategic refinery reserve, and for other purposes.

SECTION 1. SHORT TITLE; REFERENCE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``S Corporation Modernization Act of 2016''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; reference; table of contents. Sec. 2. Expansion of qualifying beneficiaries of an electing small business trust. Sec. 3. Modifications to S corporation passive investment income rules. Sec. 4. Expansion of S corporation eligible shareholders to include IRAs. Sec. 5. Charitable contribution deduction for electing small business trusts. Sec. 6. Amortization of S corporation built-in gain amount upon death of shareholder. SEC. 2. EXPANSION OF QUALIFYING BENEFICIARIES OF AN ELECTING SMALL BUSINESS TRUST. (a) No Look-Through for Eligibility Purposes.--Section 1361(c)(2)(B)(v) is amended by adding at the end the following new sentence: ``This clause shall not apply for purposes of subsection (b)(1)(C).''. (b) Effective Date.--The amendment made by this section shall take effect on January 1, 2016. SEC. 3. MODIFICATIONS TO S CORPORATION PASSIVE INVESTMENT INCOME RULES. (a) Increased Percentage Limit.--Section 1375(a)(2) is amended by striking ``25 percent'' and inserting ``60 percent''. (b) Repeal of Excessive Passive Income as a Termination Event.-- Section 1362(d) is amended by striking paragraph (3). (c) Conforming Amendments.-- (1) Section 1375(b) is amended by striking paragraphs (3) and (4) and inserting the following new paragraph: ``(3) Passive investment income defined.-- ``(A) In general.--Except as otherwise provided in this paragraph, the term `passive investment income' means gross receipts derived from royalties, rents, dividends, interest, and annuities. ``(B) Exception for interest on notes from sales of inventory.--The term `passive investment income' shall not include interest on any obligation acquired in the ordinary course of the corporation's trade or business from its sale of property described in section 1221(a)(1). ``(C) Treatment of certain lending or finance companies.--If the S corporation meets the requirements of section 542(c)(6) for the taxable year, the term `passive investment income' shall not include gross receipts for the taxable year which are derived directly from the active and regular conduct of a lending or finance business (as defined in section 542(d)(1)). ``(D) Treatment of certain dividends.--If an S corporation holds stock in a C corporation meeting the requirements of section 1504(a)(2), the term `passive investment income' shall not include dividends from such C corporation to the extent such dividends are attributable to the earnings and profits of such C corporation derived from the active conduct of a trade or business. ``(E) Exception for banks, etc.--In the case of a bank (as defined in section 581) or a depository institution holding company (as defined in section 3(w)(1) of the Federal Deposit Insurance Act (12 U.S.C. 1813(w)(1))), the term `passive investment income' shall not include-- ``(i) interest income earned by such bank or company, or ``(ii) dividends on assets required to be held by such bank or company, including stock in the Federal Reserve Bank, the Federal Home Loan Bank, or the Federal Agricultural Mortgage Bank or participation certificates issued by a Federal Intermediate Credit Bank. ``(F) Gross receipts from the sales of certain assets.--For purposes of this paragraph-- ``(i) Capital assets other than stock and securities.--In the case of dispositions of capital assets (other than stock and securities), gross receipts from such dispositions shall be taken into account only to the extent of capital gain net income therefrom. ``(ii) Stock and securities.--In the case of sales or exchanges of stock or securities, gross receipts shall be taken into account only to the extent of the gain therefrom. ``(G) Coordination with section 1374.--The amount of passive investment income shall be determined by not taking into account any recognized built-in gain or loss of the S corporation for any taxable year in the recognition period. Terms used in the preceding sentence shall have the same respective meanings as when used in section 1374.''. (2)(A) Section 26(b)(2)(J) is amended by striking ``25 percent'' and inserting ``60 percent''. (B) Section 1375(b)(1)(A)(i) is amended by striking ``25 percent'' and inserting ``60 percent''. (C) The heading for section 1375 is amended by striking ``25 percent'' and inserting ``60 percent''. (D) The item relating to section 1375 in the table of sections for part III of subchapter S of chapter 1 is amended by striking ``25 percent'' and inserting ``60 percent''. (3) Section 1042(c)(4)(A)(i) is amended by striking ``section 1362(d)(3)(C)'' and inserting ``section 1375(b)(3)''. (4) Section 1362(f)(1)(B) is amended by striking ``paragraph (2) or (3) of subsection (d)'' and inserting ``subsection (d)(2)''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2015. SEC. 4. EXPANSION OF S CORPORATION ELIGIBLE SHAREHOLDERS TO INCLUDE IRAS. (a) In General.--Section 1361(c)(2)(A)(vi) is amended to read as follows: ``(vi) A trust which constitutes an individual retirement account under section 408(a), including one designated as a Roth IRA under section 408A.''. (b) Sale of Stock in IRA Relating to S Corporation Election Exempt From Prohibited Transaction Rules.--Section 4975(d)(16) is amended-- (1) by striking subparagraphs (A) and (B) and by redesignating subparagraphs (C), (D), (E), and (F) as subparagraphs (A), (B), (C), and (D), respectively, and (2) by striking ``such bank or company'' in subparagraph (A) (as so redesignated) and inserting ``the issuer of such stock''. (c) Effective Date.--The amendments made by this section shall take effect on January 1, 2016. SEC. 5. CHARITABLE CONTRIBUTION DEDUCTION FOR ELECTING SMALL BUSINESS TRUSTS. (a) In General.--Section 641(c)(2) is amended by inserting after subparagraph (D) the following new subparagraph: ``(E)(i) Section 642(c) shall not apply. ``(ii) For purposes of section 170(b)(1)(G), adjusted gross income shall be computed in the same manner as in the case of an individual, except that the deductions for costs which are paid or incurred in connection with the administration of the trust and which would not have been incurred if the property were not held in such trust shall be treated as allowable in arriving at adjusted gross income.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2015. SEC. 6. AMORTIZATION OF S CORPORATION BUILT-IN GAIN AMOUNT UPON DEATH OF SHAREHOLDER. (a) In General.--Part II of subchapter S of chapter 1 is amended by adding at the end the following: ``SEC. 1369. AMORTIZATION OF BUILT-IN GAIN AMOUNT UPON DEATH OF SHAREHOLDER. ``(a) In General.--A person holding stock in an electing S corporation the basis of which is determined under section 1014(a) (hereafter in this section referred to as the `shareholder') shall be allowed a deduction with respect to the S corporation built-in gain amount. The amount of such deduction for any taxable year shall be determined by amortizing the S corporation built-in gain amount over the 15-year period beginning with the month which includes the applicable valuation date. ``(b) S Corporation Built-In Gain Amount.--For purposes of this section, the term `S corporation built-in gain amount' means the lesser of-- ``(1) the excess (if any) of-- ``(A) the basis of the stock referred to in subsection (a) as determined under section 1014(a), over ``(B) the adjusted basis of such stock immediately before the death of the decedent, or ``(2) the pro rata share (determined as of the applicable valuation date) of-- ``(A) the aggregate fair market value of all property held by the S corporation which is of a character subject to depreciation or amortization, over ``(B) the aggregate adjusted basis of all such property held by the S corporation as of such date. ``(c) Electing S Corporation.--For purposes of this section, the term `electing S corporation' means, with respect to any shareholder, any S corporation which elects the application of this section with respect to such shareholder at such time and in such form and manner as the Secretary may prescribe. ``(d) Applicable Valuation Date.--For purposes of this section, the term `applicable valuation date' means-- ``(1) in the case of a decedent with respect to which the executor of the decedent's estate elects the application of section 2032, the date 6 months after the decedent's death, and ``(2) in the case of any other decedent, the date of the decedent's death. ``(e) Accelerated Deduction in Case of Disposition of S Corporation Property.-- ``(1) In general.--If the electing S corporation disposes of any property which was taken into account under subsection (b)(2), then the deduction allowed under subsection (a) with respect to any stock, for the taxable year of the shareholder in which or with which the taxable year of the S corporation which includes the date of such disposition ends, shall (except as otherwise provided in this section) not be less than the lesser of-- ``(A) the pro rata share of the gain recognized on such disposition, or ``(B) the amount determined under subsection (b)(2) by only taking into account such property. ``(2) Overall allowance not increased.--No deduction shall be allowed under subsection (a) with respect to any stock for any taxable year to the extent that such deduction (when added to the deductions so allowed for all prior taxable years) exceeds the S corporation built-in gain amount with respect to such stock. ``(f) Recharacterization of Gains as Ordinary Income to Extent of Deduction.--If-- ``(1) stock of an S corporation with respect to which a deduction was allowed under this section, or ``(2) property which was taken into account under subsection (b)(2) with respect to such stock, is disposed of at a gain (determined without regard to whether or not such gain is recognized and reduced by any amount of gain which is treated as ordinary income under any other provision of this subtitle), the amount of such gain (or the shareholder's pro rata share of such gain in the case of property described in paragraph (2)) shall be treated as gain which is ordinary income (and shall be recognized notwithstanding any other provision of this subtitle) to the extent of the excess of the aggregate deductions allowable under this section with respect to such stock for the taxable year of such disposition and all prior taxable years over the amounts taken into account under this subsection for all prior taxable years. ``(g) Termination of Amortization.--No deduction shall be allowed under subsection (a) with respect to any stock in an electing S corporation with respect to any period beginning after the earlier of-- ``(1) the date on which the corporation's election under section 1362 terminates, or ``(2) the date on which the shareholder transfers such stock to any other person. ``(h) Treatment of Certain Transfers.-- ``(1) Distributions from estates or trusts.-- Notwithstanding any other provision of this section, in the case of a distribution of stock from an estate or trust to a beneficiary, the beneficiary (and not the estate or trust) shall be treated as the shareholder to which this section applies with respect to periods after such distribution. In the case of a distribution of stock from an estate or trust to an electing small business trust (as defined in section 1361(e)), such electing small business trust shall be treated as a beneficiary for purposes of the preceding sentence. ``(2) Certain transfers involving spouses.--Notwithstanding any other provision of this section, in the case of a transfer described in section 1041, the transferee (and not the transferor) shall be treated as the shareholder to which this section applies with respect to periods after such transfer. ``(i) Treatment of Income in Respect of the Decedent.-- ``(1) Adjustment to built-in gain of property held by s corporation.--For purposes of subsection (b)(2), the fair market value of any property taken into account under subparagraph (A) thereof shall be decreased by any amount of income in respect of the decedent with respect to such property to which section 691 applies. For purposes of subsection (e)(1)(A), the gain recognized on the disposition of such property shall be reduced by such amount. ``(2) Adjustment to basis of s corporation stock.--For adjustment to basis of S corporation stock, see section 1367(b)(4)(B). ``(j) Reporting.--Except as otherwise provided by the Secretary, for purposes of section 6037, the amounts determined under subsections (b)(2), (e)(1), and (f)(2) shall be treated as items of the corporation and the pro rata share determined under such subsection shall be furnished to the shareholder under section 6037(b).''. (b) Adjustment to Basis of Stock.-- (1) In general.--Section 1367(a)(2) is amended by striking ``and'' at the end of subparagraph (D), by striking the period at the end of subparagraph (E) and inserting ``, and'', and by inserting after subparagraph (E) the following new subparagraph: ``(F) the amount of the shareholder's deduction under section 1369.''. (2) Adjustment not taken into account in determining treatment of distributions.--Section 1368 is amended-- (A) in subsection (d)(1), by inserting ``(other than subsection (a)(2)(F) thereof)'' after ``section 1367'', and (B) in subsection (e)(1)(A)-- (i) by striking ``this title and the phrase'' and inserting ``this title, the phrase'', and (ii) by inserting ``, and no adjustment shall be made under section 1367(a)(2)(F)'' after ``section 1367(a)(2)''. (c) Clerical Amendment.--The table of sections for part II of subchapter S of chapter 1 is amended by adding at the end the following new item: ``Sec. 1369. Amortization of built-in gain amount upon death of shareholder.''. (d) Effective Date.--The amendments made by this section shall apply to with respect to decedents dying after the date of the enactment of this Act, in taxable years ending after such date.

S Corporation Modernization Act of 2016 This bill amends the Internal Revenue Code, with respect to the tax treatment of S corporations, to: allow a nonresident alien to be a qualifying beneficiary of an electing small business trust (ESBT), which is a type of trust that is permitted to hold shares in an S corporation; allow S corporations to increase passive investment income from 25% to 60% without incurring additional taxes; eliminate a provision terminating the S corporation status of corporations with excessive passive income for three consecutive years; allow any S corporation bank to have individual retirement account shareholders; allow ESBTs to claim expanded tax deductions for charitable contributions; and allow an adjustment to the basis of an S corporation's assets upon the death of a shareholder, in the form of a 15-year amortization deduction.

S Corporation Modernization Act of 2016

SECTION 1. DRUG-FREE COMMUNITIES SUPPORT PROGRAM. (a) Short Title.--Chapter 2 of the National Narcotics Leadership Act of 1988 (21 U.S.C. 1521 et seq.), (referred to in this section as ``the Act'') is amended by inserting after the chapter heading the following: ``SEC. 1020. SHORT TITLE. ``This chapter may be cited as the `Drug-Free Communities Act'.''. (b) Extension and Increase in Program.--Section 1024(a) of the Act (21 U.S.C. 1524(a)) is amended-- (1) by striking ``and'' at the end of paragraph (4); (2) by striking the period at the end of paragraph (5) and inserting a semicolon; and (3) by adding at the end the following new paragraphs: ``(6) $55,000,000 for fiscal year 2003; ``(7) $60,000,000 for fiscal year 2004; ``(8) $65,000,000 for fiscal year 2005; and ``(9) $70,000,000 for fiscal year 2006.''. (c) Administrative Costs.--Section 1024(b) of the Act (21 U.S.C. 1524(b)) is amended by striking ``amounts authorized'' and inserting ``amounts made available''. (d) Extension of Limitation on Administrative Costs.--Section 1024(b) of the Act (21 U.S.C. 1524(b)) is amended by adding at the end the following new paragraph: ``(6) 3 percent for each of fiscal years 2003 through 2006.''. (e) Modification of Amount for Grant Renewals.--Section 1032 of the Act (21 U.S.C. 1532) is amended-- (1) by striking clause (iv) of subsection (b)(1)(A) and inserting the following: ``(iv) Limitations.-- ``(I) Funding levels.--Except as provided in subclause (II), the amount of a grant award under this subparagraph may not exceed $100,000 for a fiscal year. In the second year of the grant award period, upon successful reapplication, a grant recipient is eligible to maintain its funding level at 100 percent of the original award. In the third year of the grant award period, upon successful reapplication, a grant recipient is eligible to maintain its funding level at 75 percent of the original award. In the fourth and fifth years of the grant award period, upon successful reapplication, a grant recipient is eligible to maintain its funding level at 50 percent of the original award. ``(II) Exceptions.--Any grant recipient receiving an award of $50,000 or less is eligible in a subsequent fiscal year of the grant award period, upon successful reapplication, to receive not less than that amount. A grant recipient receiving an award amount greater than $50,000 and successfully reapplying for a grant award shall not have its funding level reduced below $50,000 in any subsequent fiscal year of the grant award period.''; and (2) by adding at the end the following new subsection: ``(c) Modification of Eligibility Criteria.--The Administrator may not implement any modification in the criteria specified in subsection (a) for eligibility for the renewal of a grant award under this section without consulting the Advisory Commission.''. SEC. 2. REPORTING REQUIREMENTS. (a) Study.--The Director of the Office of National Drug Control Policy shall conduct a study that evaluates the need, if any, to increase administrative costs for the Drug-Free Communities Act (referred to in this section as ``the Act''). (b) Report.--After the completion of the study described in subsection (a), but not later than 90 days after the date of the enactment of this Act, the Director shall submit to Congress a report that includes the findings of such study and-- (1) information regarding current staffing levels and administrative requirements necessary to carry out the Act; (2) the necessity, if any, and justification of an increase in administrative funds, including the amount of such increase, to carry out the Act; (3) what programs or activities any proposed increase will support and a description of how such programs or activities will improve grant performance, application processing, grant administration, and program support, including support for the Advisory Commission established under the Act; (4) a specific accounting of the amount or percentage of any such increase which will be used by Federal agencies involved in administering or supporting the program established under the Act; and (5) an analysis of expected outcomes if administrative funds are increased and what measures the Director and the Attorney General will take to limit administrative costs in the future. SEC. 3. ANTIDRUG COALITION INSTITUTE. (a) In General.--The Director of the Office of National Drug Control Policy may make grants to an organization to provide for the establishment of a National Community Antidrug Coalition Institute. (b) Requirements.--The organization receiving a grant under subsection (a) shall-- (1) be a national nonprofit organization that represents, provides technical assistance and training to, and has special expertise and broad, national-level experience in community antidrug coalitions; and (2) establish a National Community Antidrug Coalition Institute that will-- (A) provide education, training, and technical assistance for coalition leaders and community teams; (B) conduct research, testing, and diffusion of tools, mechanisms, and measures to better evaluate and document coalition performance measures and outcomes; and (C) bridge the gap between research and practice by translating knowledge from research into practical information. (c) Authorization.--There are authorized to be appropriated $2,000,000 for each of fiscal years 2002 and 2003 to make grants as provided in this section.

Increases and extends through FY 2006 the authorization of appropriations to the Office of National Drug Control Policy (Office) for the drug-free communities support program. Modifies grant renewal funding levels. Requires the Office Director to study the need to increase administrative costs under the program. Authorizes the Director to make grants to an organization to establish a National Community Antidrug Coalition Institute.

Drug-Free Communities Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Managing Your Data Against Telecom Abuses Act of 2017'' or the ``MY DATA Act of 2017''. SEC. 2. PROTECTING BROADBAND USERS FROM UNFAIR OR DECEPTIVE ACTS OR PRACTICES RELATING TO PRIVACY OR DATA SECURITY. (a) Definitions.--In this section: (1) Broadband provider.--The term ``broadband provider'' means a person who provides a mass-market retail service by wire or radio that provides the capability to transmit data to and receive data from all or substantially all Internet endpoints, including any capabilities that are incidental to and enable the operation of the communications service, but excluding dial-up Internet access service. (2) Edge provider.--The term ``edge provider'' means any person who-- (A) provides any content, application, or service over the Internet; or (B) provides a device used for accessing any content, application, or service over the Internet. (b) Prohibition.-- (1) In general.--It is unlawful for a broadband provider or edge provider to use an unfair or deceptive act or practice relating to privacy or data security in or affecting commerce. (2) Rule of construction.--Paragraph (1) shall not be construed to imply that it was lawful before the date of the enactment of this Act for a broadband provider or an edge provider to use an unfair or deceptive act or practice relating to privacy or data security in or affecting commerce. (c) Regulations.--The Federal Trade Commission may, after consulting with the Federal Communications Commission, promulgate such regulations under section 553 of title 5, United States Code, as the Federal Trade Commission considers appropriate to carry out this section. (d) Enforcement by Federal Trade Commission.-- (1) Unfair or deceptive acts or practices.--A violation of subsection (b)(1) shall be treated as an unfair or deceptive act or practice in violation of a regulation prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. (2) Powers of commission.-- (A) In general.--Except as provided in subparagraph (C), the Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. (B) Privileges and immunities.--Except as provided in subparagraph (C), any person who violates this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.). (C) Common carriers and nonprofit organizations.-- Notwithstanding section 4, 5(a)(2), or 6 of the Federal Trade Commission Act (15 U.S.C. 44, 45(a)(2), and 46) or any jurisdictional limitation of the Federal Trade Commission, the Commission shall also enforce this Act, in the same manner provided in subparagraphs (A) and (B) of this paragraph, with respect to-- (i) common carriers subject to the Communications Act of 1934 (47 U.S.C. 151 et seq.) and Acts amendatory thereof and supplementary thereto; and (ii) organizations not organized to carry on business for their own profit or that of their members. (e) Enforcement by States.-- (1) In general.--In any case in which the attorney general of a State has reason to believe that an interest of the residents of the State has been or is threatened or adversely affected by the engagement of any person subject to subsection (b)(1) in a practice that violates such subsection, the attorney general of the State may, as parens patriae, bring a civil action on behalf of the residents of the State in an appropriate district court of the United States to obtain appropriate relief. (2) Rights of federal trade commission.-- (A) Notice to federal trade commission.-- (i) In general.--Except as provided in clause (iii), the attorney general of a State shall notify the Commission in writing that the attorney general intends to bring a civil action under paragraph (1) before initiating the civil action against a person subject to subsection (b)(1). (ii) Contents.--The notification required by clause (i) with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action. (iii) Exception.--If it is not feasible for the attorney general of a State to provide the notification required by clause (i) before initiating a civil action under paragraph (1), the attorney general shall notify the Commission immediately upon instituting the civil action. (B) Intervention by federal trade commission.--The Commission may-- (i) intervene in any civil action brought by the attorney general of a State under paragraph (1); and (ii) upon intervening-- (I) be heard on all matters arising in the civil action; and (II) file petitions for appeal of a decision in the civil action. (3) Investigatory powers.--Nothing in this subsection may be construed to prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of the State to conduct investigations, to administer oaths or affirmations, or to compel the attendance of witnesses or the production of documentary or other evidence. (4) Action by federal trade commission.--If the Federal Trade Commission institutes a civil action with respect to a violation of subsection (b)(1), the attorney general of a State may not, during the pendency of such action, bring a civil action under paragraph (1) of this subsection against any defendant named in the complaint of the Commission for the violation with respect to which the Commission instituted such action. (5) Venue; service of process.-- (A) Venue.--Any action brought under paragraph (1) may be brought in-- (i) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (ii) another court of competent jurisdiction. (B) Service of process.--In an action brought under paragraph (1), process may be served in any district in which the defendant-- (i) is an inhabitant; or (ii) may be found. (6) Actions by other state officials.-- (A) In general.--In addition to civil actions brought by attorneys general under paragraph (1), any other officer of a State who is authorized by the State to do so may bring a civil action under paragraph (1), subject to the same requirements and limitations that apply under this subsection to civil actions brought by attorneys general. (B) Savings provision.--Nothing in this subsection may be construed to prohibit an authorized official of a State from initiating or continuing any proceeding in a court of the State for a violation of any civil or criminal law of the State. (7) Authority preserved.--Nothing in this Act shall be construed to limit the authority of the Federal Trade Commission under any other provision of law.

Managing Your Data Against Telecom Abuses Act of 2017 or the MY DATA Act of 2017 This bill prohibits providers of Internet broadband services or of Internet content, applications, or devices from using unfair or deceptive acts or practices relating to privacy or data security. The Federal Trade Commission (FTC), after consulting with the Federal Communications Commission (FCC), may promulgate regulations to carry out such prohibition. The FTC may also enforce this bill against common carriers regulated by the FCC under the Communications Act of 1934 and nonprofit organizations. (Currently, common carriers regulated under the Communications Act are exempt from the FTC's enforcement authority and nonprofit organizations are subject to FTC enforcement only if they provide substantial economic benefit to their for-profit members.) A state may bring a civil action in federal court to enforce such prohibition.

Managing Your Data Against Telecom Abuses Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Grant Accessibility and Transparency Enhancement Act of 2010''. SEC. 2. NATIONAL COMMISSION ON EARMARK REFORM. (a) Establishment.--The President shall establish a commission to be known as the ``National Commission on Earmark Reform'' (in this section referred to as the ``Commission''. (b) Duties of Commission.--The duties of the Commission are-- (1) to study the laws and practices related to replacing earmarks with a full grant-making process; and (2) to develop a proposed plan that includes objectives, priorities, policies, and long-term plans to transition from congressional member-directed earmarks to a grant-making process. (c) Membership.--The Commission shall be composed of-- (1) the Director of the Office of Management and Budget, who shall be the chairman of the Commission; and (2) such other members as the President may appoint, after consultation with the majority and minority leadership of the Senate and the House of Representatives. (d) Expert Grant Award Panels.--In carrying out its duties, the Commission shall propose legislative or regulatory changes to implement a grant-making application and review process modeled after the Assistance to Firefighters Grant Program of the Federal Emergency Management Agency, under which a panel of subject area experts (including representatives of the Federal agency with appropriate jurisdiction) receives, reviews, and awards grant funding on a merit- based system. At a minimum, the Commission shall propose changes that establish rules for-- (1) the review and reporting of grant applications and awards; (2) hardship exemptions from specific reporting or application requirements; and (3) recommended changes in law to support the implementation of expert grant award panels. (e) Consolidation and Streamlining of Grants Management Structure.--In carrying out its duties, the Commission shall propose legislative or regulatory changes to implement a specific governance structure for all grant functions, including grants management, within the Federal Government. At a minimum, the Commission shall propose changes for ensuring that the activities at Grants.gov and the policy recommendations of the Grants Policy Committee (of the Chief Financial Officers Council) are connected, by proposing the establishment of an Office of Grant Making within the Office of Management and Budget to cover all grants activity of the Federal Government, including the management of Grants.gov. The Commission shall include, at a minimum, in its recommendations regarding the Office of Grant Making, the following: (1) The Office should have an advisory committee that includes representation from elected local, State, Federal and tribal governments, institutions of higher education, vendors, and non-profits. (2) The meetings of the advisory committee should be conducted in an open and transparent way. (3) The Office should review all grant programs, including the implementation of the expert grant award panels, and ensure the consistency of audits of grant programs. (f) Involvement of Stakeholders.--In carrying out its duties, the Commission shall propose legislative or regulatory changes to involve non-Federal participants in the grant-making process, including involvement through-- (1) consultation with representatives of elected local, State, and tribal governments, institutions of higher education, vendors, non-profits, and other non-Federal participants as early as possible to get their input on any effort by the Federal Government to change or improve proposed grant products, including new forms and formats, and or to change or improve the tracking and reporting of Federal fund data; and (2) participation and collaboration in the development of a training and certification program for grants management professionals. (g) Operations of Commission.--In carrying out its duties, the Commission shall-- (1) operate a publicly accessible Web site and make available information about the Commission, including its membership and the report required under subsection (h); (2) hold 8 public hearings before publication of the report required under subsection (h); and (3) provide for a period of 45 days immediately before publication of the report required under subsection (h) for submission of comments and recommendations from private and public groups and individuals. (h) Report.--Not later than 180 days after the date of the enactment of this Act, the Commission shall-- (1) submit to Congress a report containing the plan developed under subsection (b) and its findings and recommendations; and (2) publish the report on the Commission's publicly accessible Web site. (i) Appropriations.--There is authorized to be appropriated $1,000,000 for the Commission to carry out this section. SEC. 3. OFFICE OF GRANT MAKING. (a) Establishment.--Not later than 30 days after the publication of the Commission report under section 2(h), the Director of the Office of Management and Budget shall establish an office within the Office of Management and Budget to be known as the ``Office of Grant Making'' (in this section referred to as the ``Office''). (b) Director.--The Office shall be overseen by a Director, who shall be designated from among Federal officers and employees by the Director of the Office of Management and Budget. (c) Functions.-- (1) In general.--The Office and Director shall-- (A) in consultation with agency heads, representatives of local, State and Federal Government, and other non-Federal entities, direct and coordinate the development of the expert grant award panels (referred to in section 2) and the specific recommendations of the National Commission on Earmark Reform; and (B) be responsible for maintaining Grants.gov, in accordance with section 5. (2) Additional responsibilities.--The Director shall also support Federal agencies in establishing-- (A) a common grant application and reporting system; and (B) an interagency process for addressing the following: (i) Ways to streamline and simplify Federal grant administrative procedures and reporting requirements for non-Federal entities. (ii) Improved interagency and intergovernmental coordination of information collection and sharing of data pertaining to Federal grants. (iii) Improvements in the timeliness, completeness, and quality of information received by Federal agencies from recipients of Federal grants. (d) Authorization of Appropriations.--There is authorized to be appropriated $30,000,000 for fiscal years 2011 through 2013 for purposes of establishing and operating the Office. SEC. 4. STREAMLINING OF ROLE OF FEDERAL AGENCIES IN GRANT MAKING PROCESS. (a) Requirement for Plan.--Not later than 180 days after the date of the enactment of this Act, each Federal agency shall develop and implement a plan that-- (1) streamlines and simplifies the application, administrative, and reporting procedures for Federal grants administered by the agency; (2) demonstrates a process to actively participate in the expert grants awards panels referred to in section 2; (3) demonstrates appropriate agency use, or plans for use, of a common grant application and reporting system; (4) designates a lead agency official for carrying out the responsibilities of the agency under this Act; (5) allows grant applicants to electronically apply for, and report on the use of funds from, the Federal grants administered by the agency; (6) ensures recipients of Federal grants provide timely, complete, and high-quality information in response to Federal reporting requirements; and (7) in cooperation with recipients of Federal grants, establishes specific annual goals and objectives to further the purposes of this Act and measures annual performance in achieving those goals and objectives. (b) Extension.--If a Federal agency is unable to comply with subsection (a), the Director of the Office of Management and Budget may extend for up to 30 days the period for the agency to develop and implement a plan. (c) Comment and Consultation on Agency Plans.-- (1) Comment.--Each agency shall publish the plan developed under this section in the Federal Register and receive public comment on the plan through the Federal Register and other means (including electronic means). To the maximum extent practicable, each Federal agency shall hold public forums on the plan. (2) Consultation.--The lead official designated by each Agency shall consult with representatives of State, local, and tribal governments, and other non-Federal entities, during development and implementation of the plan. (d) Submission of Plan.--Each Federal agency shall submit the plan developed under this section to the Director of the Office of Grant Making and Congress and report annually thereafter on the implementation of the plan and performance of the agency in meeting the requirements for the plan specified in subsection (a). SEC. 5. EXPANSION OF THE USE AND FUNCTIONALITY OF GRANTS.GOV. (a) Transfer to Office of Grant Making.--The Director of the Office of Grant Making shall be responsible for maintaining Grants.gov. (b) Requirement To Post All Grants.--All Federal grants, both formula and discretionary, from all grant-making agencies shall be posted on Grants.gov. (c) Duplicative Hard Copy Applications Not Required.--Grant applications in hard copy that are duplicative of applications submitted electronically shall not be required from grant applicants. (d) Expansion of Functionality.--The Director of the Office of Grant Making shall ensure that Grants.gov is able to handle the following functions: (1) Finding grants. (2) Applying for grants. (3) Submitting and receiving grant applications. (4) Sending grant award notifications and other documents. (5) Submitting and receiving post-grant-award management reports. (6) Closeout tools related to grants. (7) Grant award tracking. (8) Training and technical assistance, as described in subsection (f). (e) Avoidance of Duplication With USASpending.gov.--The Director of the Office of Grant Making shall ensure that duplication of effort and dual systems related to online Federal grant activity are no longer in effect by merging USASpending.gov into Grants.gov. Other Federal agencies shall cooperate to the extent necessary to assist the Director in carrying out this subsection. (f) Training and Other Technical Assistance.--The Director shall ensure that Grants.gov includes technical assistance information and resources, including-- (1) online or recorded training sessions conducted by other Federal agencies; (2) online or recorded training sessions on how to use Grants.gov; and (3) such other technical assistance as the Director considers appropriate. SEC. 6. ENDING CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, AND LIMITED TARIFF BENEFITS. (a) In General.--Section 312 of the Congressional Budget Act of 1974 is amended by adding at the end the following new subsection: ``(g) Prohibition on Congressional Earmarks, Limited Tax Benefits, and Limited Tariff Benefits.--(1) It shall not be in order in the House of Representatives or the Senate to consider any bill or joint resolution, or amendment thereto or conference report thereon, if it or any accompanying report contains any congressional earmark, limited tax benefit, or limited tariff benefit. ``(2) As used in this subsection, the terms `congressional earmark', `limited tax benefit', and `limited tariff benefit' have the meanings given to such terms in clause 9 of rule XXI of the Rules of the House of Representatives.''. (b) Super Majority in the Senate.--Subsections (c)(1) and (d)(2) of section 904 of the Congressional Budget Act of 1974 are each amended by inserting ``312(g),'' after ``310(d)(2),''. (c) Effective Date.--The amendments made by subsections (a) and (b) shall take effect 1 year after the date of the enactment of this Act.

Grant Accessibility and Transparency Enhancement Act of 2010 - Requires the President to establish the National Commission on Earmark Reform to: (1) study the laws and practices related to replacing earmarks with a full grant making process; and (2) develop a plan to transition from congressional member-directed earmarks to a grant making process. Requires the Commission to propose legislative or regulatory changes to implement: (1) a grant making application and review process under which a panel of subject area experts reviews and awards grant funding on a merit-based system; and (2) a specific governance structure for all grant functions, including grants management, within the federal government. Requires the Director of the Office of Management and Budget (OMB) to establish the Office of Grant Making within OMB to: (1) direct and coordinate the development of the expert grant award panels and the specific recommendations of the Commission; and (2) be responsible for maintaining Grants.gov. Prescribes requirements to streamline the role of federal agencies in the grant making process. Requires all federal grants, both formula and discretionary, from all grant making agencies to be posted on Grants.gov. Requires the Director to ensure that duplication of effort and dual systems related to online federal grant activity are no longer in effect by merging USASpending.gov into Grants.gov. Amends the Congressional Budget Act of 1974 to make it out of order in both chambers to consider any legislation or accompanying report that contains any congressional earmark or limited tax or tariff benefit.

To require the establishment of a commission on earmark reform, to consolidate and streamline the grants management structure of the Federal Government, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pro Football Hall of Fame Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The Pro Football Hall of Fame's mission is-- (A) to honor individuals who have made outstanding contributions to professional football; (B) to preserve professional football's historic documents and artifacts; (C) to educate the public regarding the origin, development, and growth of professional football as an important part of American culture; and (D) to promote the positive values of the sport. (2) The Pro Football Hall of Fame opened its doors on September 7, 1963. On that day, a charter class of 17 players, coaches, and contributors were enshrined. Among the group were such legends as Sammy Baugh, Red Grange, George Halas, Don Hutson, Bronko Nagurski, and Jim Thorpe. Through 2012, 273 members had been elected to the Pro Football Hall of Fame. Three distinct iconic symbols represent an individual's membership in the Hall of Fame: a bronze bust, a Hall of Fame gold jacket, and a Hall of Fame ring. (3) The Pro Football Hall of Fame has welcomed nearly 9,000,000 visitors from around the world since opening in 1963. The museum has grown from its original 19,000-square-foot building to a 118,000-square-foot, state-of-the-art facility, as a result of expansions in 1971, 1978, 1995, and most recently in 2011-2013. In addition, major exhibit renovations were completed in 2003, 2008, and 2009. (4) The Pro Football Hall of Fame houses the world's largest collection on professional football. Included in the museum's vast collection are more than 20,000 three-dimensional artifacts and more than 20,000,000 pages of documents, including nearly 3,000,000 photographic images. (5) The Pro Football Hall of Fame reaches a worldwide audience of nearly 15,000,000 people annually through visitors to the museum, participants in the annual Pro Football Hall of Fame Enshrinement Festival, three nationally televised events, the Hall of Fame's Web site, social media outlets, special events across the country, and through the museum's Educational Outreach video conferencing programs. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 50,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins.--Not more than 400,000 $1 coins, which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (3) Half-dollar clad coins.--Not more than 750,000 half- dollar coins which shall-- (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half-dollar coins contained in section 5112(b) of title 31, United States Code. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the game of professional football. (2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2017''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the Commission of Fine Arts and the Pro Football Hall of Fame; and (2) reviewed by the Citizens Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2017. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins issued under this Act shall include a surcharge of-- (1) $35 per coin for the $5 coin; (2) $10 per coin for the $1 coin; and (3) $5 per coin for the half-dollar coin. (b) Distribution.--Subject to section 5134(f)(1) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Pro Football Hall of Fame, to help finance the construction of a new building and renovation of existing Pro Football Hall of Fame facilities. (c) Audits.--The Pro Football Hall of Fame shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). (d) Limitation.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection. SEC. 8. FINANCIAL ASSURANCES. The Secretary shall take such actions as may be necessary to ensure that-- (1) minting and issuing coins under this Act will not result in any net cost to the United States Government; and (2) no funds, including applicable surcharges, are disbursed to any recipient designated in section 7 until the total cost of designing and issuing all of the coins authorized by this Act (including labor, materials, dies, use of machinery, winning design compensation, overhead expenses, marketing, and shipping) is recovered by the United States Treasury, consistent with sections 5112(m) and 5134(f) of title 31, United States Code.

Pro Football Hall of Fame Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue not more than 50,000 $5-gold coins, 400,000 $1-silver coins, and 750,000 half-dollar coins emblematic of the game of professional football. Requires all sales of such coins to include specified surcharges, which shall be paid by the Secretary to the Pro Football Hall of Fame to help finance the construction of a new building and the renovation of existing Pro Football Hall of Fame facilities. Directs the Secretary to ensure that: (1) minting and issuing such coins will not result in any net cost to the government, and (2) no proceeds are disbursed until the total cost of designing and issuing such coins is recovered by the Treasury.

Pro Football Hall of Fame Commemorative Coin Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sam Farr Peace Corps Enhancement Act''. SEC. 2. PROVISIONS FOR CURRENT AND FORMER VOLUNTEERS OF THE PEACE CORPS. (a) Enhanced Compensation Benefits.-- (1) In general.--Section 8142 of title 5, United States Code, is amended-- (A) in subsection (c)-- (i) in paragraph (1), by striking ``GS-7'' and inserting ``GS-11''; and (ii) by striking paragraph (2) and redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and (B) by adding at the end the following new subsection: ``(d)(1) The Director of the Peace Corps shall provide the initial furnishing of medical and other benefits under section 8103(b) of this title to any former volunteer for the 180-day period beginning on the date of termination of the service of such volunteer, to the extent that the Director determines that such benefits are given with respect to an injury that is probably compensable under this section (as such term is defined for purposes of section 8103(b)). The provision of such benefits may be authorized directly or by the certification of vouchers, in accordance with section 8103(b). ``(2) A volunteer may not be provided medical or other benefits pursuant to paragraph (1) unless the injury with respect to which such benefits would be provided was proximately caused by the employment of such volunteer under subsection (c)(2). ``(3) Notwithstanding the 180-day limitation period under paragraph (1), a volunteer may receive medical or other benefits provided pursuant to such paragraph with respect to an injury until the date on which the Secretary of Labor makes a final determination with respect to compensation for such injury under this section, if the volunteer applied for such compensation before the last day of such limitation period. ``(4) The Director shall require any employee of the Peace Corps who provides health care to former volunteers under this subsection to consult with health experts outside the Peace Corps, including experts in mental health, in order to provide the best standard of care.''. (2) Applicability.--The amendments made by paragraph (1)(A) shall apply with respect to any compensation paid pursuant to section 8142 of title 5, United States Code, on or after the date of the enactment of this Act. (b) Health Care for Volunteers; Criminal Liability for Acts Against Volunteers.--Section 5 of the Peace Corps Act (22 U.S.C. 2504) is amended-- (1) in subsection (e), by striking ``receive such immunization and dental care preparatory to their service'' and inserting ``receive, preparatory to their service, such immunization and dental care, and (in accordance with subsection (o)) such trial prescriptions''; (2) in subsection (h)-- (A) by striking ``section, and'' and inserting ``section),''; and (B) by inserting before the period at the end the following: ``, and paragraph (3)(A)(i) of section 3502 of title 44, United States Code, with respect to the collection of information under subchapter I of chapter 35 of such title by the Inspector General of the Peace Corps''; and (3) by adding at the end the following new subsections: ``(o) The Director of the Peace Corps may only prescribe mefloquine to a volunteer, including as a trial prescription to a volunteer who chooses to use such medication before such volunteer travels to a post, on an individual basis and in accordance with relevant recommendations or guidelines issued by the Director of the Centers for Disease Control and Prevention or the Commissioner of Food and Drugs, after counseling such volunteer about the benefits, risks, and side effects of each available medication for the prophylaxis of malaria. The Director shall monitor the volunteer during the course of such prescription for the development of any side effects, evaluate the volunteer at the completion of such course for evidence of neuropsychiatric symptoms, and report to the Director of the Centers for Disease Control and Prevention and the Commissioner of Food and Drugs any such side effects or symptoms. A volunteer may only switch to the use of mefloquine from another drug for the prophylaxis of malaria while serving at a post if another medication for the prophylaxis of malaria is simultaneously provided to such volunteer in a manner that ensures continuous protection against malaria. ``(p) It is the policy of the United States to recognize the importance of Peace Corps volunteers and the core function that such volunteers play within the agency. The President should therefore prioritize the provision of health care services and necessary safety and security support for all volunteers. ``(q)(1) Whoever engages in conduct outside the United States against a volunteer that would constitute an offense under any section listed in paragraph (2) if the conduct had been engaged in within the special maritime and territorial jurisdiction of the United States (as defined in section 7 of title 18, United States Code) shall be punished as provided for that offense. ``(2) The sections listed in this paragraph are sections 113, 1111, 1112, 1113, 1117 (to the extent that such section applies to section 1111), 1201, 2241, 2242, 2244, and 2261A of title 18, United States Code. ``(3) For purposes of this subsection, paragraph (9)(B) (regarding residences in foreign States) of section 7 of title 18, United States Code, shall include the residences used by volunteers in foreign States and the land appurtenant or ancillary thereto, irrespective of ownership.''. SEC. 3. PROVISIONS REGARDING EMPLOYEES OF THE PEACE CORPS. Section 7 of the Peace Corps Act (22 U.S.C. 2506) is amended-- (1) in subsection (a)-- (A) in paragraph (5), by inserting ``or paragraph (8)'' after ``paragraph (6)''; and (B) by adding at the end the following new paragraph: ``(8)(A) The Director of the Peace Corps may designate a position as a `critical management support position' if the position requires specialized technical or professional skills and knowledge of Peace Corps operations, such as positions that involve volunteer health services, financial management, information technology, procurement, personnel, legal services, or security. ``(B) Notwithstanding any limitation set forth in paragraph (2) and subject to subparagraph (C), an appointment or assignment to a critical management support position designated under subparagraph (A) of this paragraph or an extension of such appointment or assignment shall be for a term of not more than five years. ``(C) The Director shall ensure that any decision regarding an appointment, assignment, or extension of such appointment or assignment to a critical management support position shall be consistent with Peace Corps policies and based on operational and programmatic factors.''; and (2) by adding at the end the following new subsection: ``(d)(1)(A) The President shall ensure that each overseas post has the services of a medical office to provide health care to volunteers, consistent in size and scope with the needs of the Peace Corps at such post, including, if necessary, by detailing to any such post the licensed medical staff of other United States departments, agencies, or establishments. ``(B) An individual may be hired as a Peace Corps Medical Officer after consideration of the following criteria: ``(i) Medical training, experience, accreditations, and other qualifications. ``(ii) Administrative capabilities. ``(iii) Understanding of the local language and culture. ``(iv) Ability to work in the English language. ``(v) Interpersonal skills. ``(vi) Record of performance. ``(vii) Any other factors the Director of the Peace Corps determines appropriate. ``(2) The Director of the Peace Corps shall ensure that each Peace Corps Medical Officer serving in a malaria-endemic country receives training in the recognition of the side effects caused by the use of mefloquine and the data supporting the patient information handouts required by the Food and Drug Administration regarding mefloquine, including the potential capacity of the drug to cause permanent neuropsychiatric effects.''. SEC. 4. MONITORING TRAINING RECORDS. Section 8 of the Peace Corps Act (22 U.S.C. 2507) is amended by adding at the end the following new subsection: ``(c) The President shall implement procedures to maintain a written record verifying the attendance of each individual completing training provided to meet each requirement in this section and sections 8A, 8B, and 8F.''. SEC. 5. ADDITIONAL DISCLOSURES TO APPLICANTS FOR ENROLLMENT AS VOLUNTEERS. Subsection (d) of section 8A of the Peace Corps Act (22 U.S.C. 2507a(d)) is amended to read as follows: ``(d) Information Regarding Crimes and Risks.--Each applicant for enrollment as a volunteer shall be provided, with respect to the country in which the applicant has been invited to serve, with information regarding crimes against and risks to volunteers, including an overview of past crimes against volunteers in such country, the current early termination rate of volunteers serving in such country, any health risks prevalent in such country, and the level of satisfaction reported by volunteers serving in such country. Upon receiving such information, the applicant shall have the option to timely decline the invitation without retaliation and with priority to be invited to serve in a different country.''. SEC. 6. OFFICE OF VICTIM ADVOCACY. Section 8C of the Peace Corps Act (22 U.S.C. 2507c) is amended by striking subsection (e). SEC. 7. REFORM AND EXTENSION OF THE SEXUAL ASSAULT ADVISORY COUNCIL. Section 8D of the Peace Corps Act (22 U.S.C. 2507d) is amended-- (1) in subsection (b)-- (A) by striking ``not less than 8 individuals'' and inserting ``not fewer than 8 and not more than 14 individuals''; (B) by inserting after the first sentence the following new sentence: ``At least one member shall also have expertise in the field of mental health.''; and (C) by adding at the end the following new sentence: ``There shall be no limit to the number of terms an individual may serve as a member of the Council.''; (2) in subsection (c)-- (A) by inserting ``and the implementation of such policy'' after ``section 8B''; and (B) by adding at the end the following new sentence: ``To carry out the functions in this subsection, the Council shall have access, including to interview or visit, to volunteers and staff in the field, to volunteer surveys under section 8E, and to all data collected from restricted reporting, except that the Council may not have access to any personally identifying information associated with such surveys or data.''; and (3) in subsection (g), by striking ``2018'' and inserting ``2023''. SEC. 8. PUBLICATION REQUIREMENT FOR VOLUNTEER SURVEYS. Section 8E of the Peace Corps Act (22 U.S.C. 2507e) is amended-- (1) in subsection (b), by inserting after the first sentence the following new sentence: ``The President shall ensure that each performance plan under this subsection for a Peace Corps representative includes a consideration of the results, with respect to such representative and the country of service of such representative, of each survey under subsection (c).''; and (2) in subsection (c)-- (A) by striking ``2018'' in the first sentence and inserting ``2023''; and (B) by adding at the end the following new sentences: ``The President shall publish on a publicly available website of the Peace Corps the results of each survey related to volunteer satisfaction in each country in which volunteers serve, and the early termination rate of volunteers serving in each such country. The information published shall be posted in an easily accessible place near the description of the appropriate country and shall be written in an easily understood manner.''. SEC. 9. CONFIDENTIAL ACCESS TO THE SEXUAL ASSAULT ADVISORY COUNCIL FOR VOLUNTEERS. Section 8G of the Peace Corps Act (22 U.S.C. 2507g) is amended by adding at the end the following new subsection: ``(d) Confidential Access.-- ``(1) Confidential advisory council email.--The Sexual Assault Advisory Council established under section 8D shall establish an email address to permit volunteers (including former volunteers) to communicate directly and confidentially with such Council. No employee of the Peace Corps may access or monitor the email received by or sent from such address. ``(2) Use of confidential email for case review.--Any volunteer may write to the email address established under paragraph (1) to request such Council to-- ``(A) review the manner in which the Peace Corps handled a case of such volunteer relating to sexual assault; and ``(B) determine whether the Peace Corps acted in accordance with all relevant policies. ``(3) Notification.--The Director shall ensure that every volunteer and former volunteer is notified of the confidential email address established under paragraph (1).''. SEC. 10. EXPERTS AND CONSULTANTS FOR THE INSPECTOR GENERAL. Section 13 of the Peace Corps Act (22 U.S.C. 2512) is amended-- (1) in subsection (a), by striking ``Section'' and inserting ``section''; and (2) by adding at the end the following new subsection: ``(c) An expert, consultant, or organization thereof employed pursuant to subsection (a) by the Inspector General of the Peace Corps may be compensated without regard to the daily equivalent of the highest rate payable under section 5332 of title 5, United States Code.''.

Sam Farr Peace Corps Enhancement Act This bill increases the monthly pay rate for Peace Corps volunteers. The Peace Corps shall provide initial medical care to a former volunteer for a service-related condition for 180 days after termination of service, which may be extended under specified circumstances. The bill grants the government jurisdiction over, and imposes penalties upon, persons who commit certain crimes outside of the United States against a volunteer. The bill sets forth provisions regarding the use of mefloquine and other anti-malaria drugs, including appropriate medical officer training. The Peace Corps Act is amended to authorize the designation of a position as a critical management support position if the position requires specialized technical or professional skills and knowledge of Peace Corps operations. An appointment may not exceed five years. The President shall ensure that each overseas post has appropriate medical services, including by detailing to such a post the licensed medical staff of other U.S. agencies. Each volunteer applicant shall be provided with information regarding crime and health risks and volunteer satisfaction with respect to the country in which the applicant has been invited to serve. The Office of Victim Advocacy in Peace Corps headquarters is made permanent. The bill: (1) expands membership of the Sexual Assault Advisory Council from 8 to up to 14 members, (2) requires at least one council member to have mental health field expertise, (3) extends the council through October 1, 2023, and (4) requires the council to establish an email address to permit volunteers and former volunteers to communicate directly and confidentially with the council. The President shall conduct annual volunteer surveys through September 30, 2023 (currently through September 30, 2018). The Inspector General of the Peace Corps may hire an expert, consultant, or organization without regard to certain daily salary requirements.

Sam Farr Peace Corps Enhancement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Endowment for Workforce Education in Renewables and Agriculture Act of 2007'' or ``NEW ERA Act of 2007''. SEC. 2. COMPETITIVE GRANTS FOR BIOENERGY TECHNICIAN EDUCATION AND TRAINING THROUGH COMMUNITY COLLEGES AND ADVANCED TECHNOLOGY EDUCATION CENTERS PARTNERING WITH COMMUNITY COLLEGES. (a) Competitive Grants.--The Secretary of Agriculture may make competitive grants to community colleges and advanced technology education centers described in subsection (b) to support the education and training of technicians in the fields of bioenergy and other agriculture-based, renewable energy resources. (b) Eligible Entities.--Grants may be made under this section only to a community college or advanced technology education center that-- (1) is in existence as of the date of the enactment of this Act and located in the State of Iowa or other Midwestern States selected by the Secretary; (2) the Secretary determines has a proven record of development and implementation of programs to meet the needs of students, educators, and business and industry to supply the agriculture-based, renewable energy field with qualified and trained technicians; and (3) demonstrates to the satisfaction of the Secretary the ability to leverage existing partnerships and develop educational and occupational outreach and training programs with secondary schools, four-year institutions of higher education, and the agricultural extension system to fill the next generation of emerging technician positions in the fields of bioenergy and other agriculture-based, renewable energy resources. (c) Education and Training Priorities.--In selecting grant recipients under this section, the Secretary shall give priority to the following occupational education and training initiatives: (1) Improving the capacity of bioenergy service industry technicians to meet the needs of the agricultural-based bioenergy sector, particularly among small- and medium-sized businesses. (2) Enhancement of training of instructors at community colleges and other instructors in the areas of agriculture- based bioenergy research, efficiency, and conservation. (3) Identification of agricultural-based bioenergy employment opportunities in the renewable energy areas of biomass and other renewable energy areas within the private sector, particularly among small- and medium-sized businesses. (4) Advancement of agriculture-based bioenergy advanced environmental technology education and training through curriculum development, professional development, and program improvements at community colleges, in partnership with other institutions of higher education and secondary schools. (5) Development of working partnerships between community colleges and nonprofit organizations dedicated to bioenergy education and training for future bioenergy services career opportunities in the agriculture-based renewable energy field. (d) Consultation.--In carrying out this section, the Secretary shall consult with the National Science Foundation, the Small Business Administration, and other appropriate Federal agencies. (e) Evaluation Component.--An application for a grant under this section shall include a comprehensive evaluation component to ensure the quality and achievement of project bioenergy technician education and training goals and objectives. (f) Definitions.--In this section: (1) Community college.--The term ``community college'' means an institution of higher education-- (A) that admits as regular students persons who are beyond the age of compulsory school attendance in the State in which the institution is located and who have the ability to benefit from the training offered by the institution; (B) that does not provide an educational program for which it awards a bachelor's degree, or an equivalent degree; and (C) that-- (i) provides an educational program of not less than two years that is acceptable for full credit toward such a degree; or (ii) offers a two-year program in engineering, mathematics, or the physical or biological sciences, designed to prepare a student to work as a technician or at the semiprofessional level in engineering, scientific, or other technological fields requiring the understanding and application of basic engineering, scientific, or mathematical principles of knowledge. (2) Advanced technology education center.--The term ``advanced technology education center'' means an educational entity that features a community college partnering with other institutions of higher education and with direct linkages with private industry involved in the agriculture-based bioenergy economy of the United States.

National Endowment for Workforce Education in Renewables and Agriculture Act of 2007, or NEW ERA Act of 2007 - Authorizes the Secretary of Agriculture to make competitive grants to community colleges and advanced technology education centers located in Iowa or other midwestern states to support the education and training of technicians in the fields of bioenergy and other agricultural, renewable energy resources. Requires grant applicants to demonstrate the ability to leverage existing partnerships and develop educational and occupation outreach and training programs with secondary schools, four-year institutions of higher education, and the agricultural extension system. Gives funding priority to specified occupational education and training initiatives, which include: (1) improving the capacity of bioenergy service industry technicians to meet the needs of agricultural bioenergy businesses; (2) teacher training in agricultural bioenergy research, efficiency, and conservation; (3) the identification of agricultural bioenergy employment opportunities; and (4) the development of partnerships with nonprofit organizations dedicated to bioenergy education and training. Requires grant applications to include a comprehensive education and training evaluation component.

To authorize the Secretary of Agriculture to make competitive grants to community colleges and advanced technology education centers partnering with community colleges to support the education and training of technicians in the fields of bioenergy and other agriculture-based, renewable energy resources, and for other purposes.

SECTION 1. CAMPUS-BASED CHILD CARE. Subpart 8 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070f) is amended by adding at the end the following: ``SEC. 420C. CAMPUS-BASED CHILD CARE. ``(a) Short Title.--This section may be cited as the `Child Care Access Means Parents in School Act'. ``(b) Findings.--Congress finds that-- ``(1) earning potential increases significantly when individuals attend college for any period of time; ``(2) public assistance recipients who complete college are more likely to leave public assistance permanently; ``(3) students who are parents and receive campus-based child care are more likely to remain in school, and to graduate more rapidly and at a higher rate than students who are parents and do not receive campus-based child care; ``(4) students who are parents rate access to campus-based child care programs as an important factor affecting their college enrollment; ``(5) children placed in high quality child care programs exhibit significant positive results from the experience, including-- ``(A) higher earnings as adults; ``(B) higher rates of secondary school graduation; ``(C) lower rates of retention in grade level; ``(D) lower rates of teenage pregnancy; and ``(E) reduced need for special education or social services; ``(6) the public saves $7 for every $1 invested in quality child care; and ``(7) campus-based child care programs may have an increasingly difficult time accessing Federal child care funds under the structure of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193; 110 Stat. 2105). ``(c) Purpose.--The purpose of this section is to support the participation of low-income parents in postsecondary education through the provision of campus-based child care services. ``(d) Program Authorized.-- ``(1) Authority.--The Secretary may award grants to institutions of higher education to assist the institutions in providing campus-based child care services to low-income students. ``(2) Amount of grants.-- ``(A) In general.--The amount of a grant awarded to an institution of higher education under this section for a fiscal year shall not exceed 1 percent of the total amount of all Federal Pell Grant funds awarded to students enrolled at the institution of higher education for the preceding fiscal year. ``(B) Minimum.--A grant under this section shall be awarded in an amount that is not less than $10,000. ``(3) Duration; renewal; and payments.-- ``(A) Duration.--The Secretary shall award a grant under this section for a period of 3 years. ``(B) Renewal.--A grant under this section may be renewed for a period of 3 years. ``(C) Payments.--Subject to subsection (f)(2), the Secretary shall make annual grant payments under this section. ``(4) Eligible institutions.--An institution of higher education shall be eligible to receive a grant under this section for a fiscal year if the total amount of all Federal Pell Grant funds awarded to students enrolled at the institution of higher education for the preceding fiscal year equals or exceeds $1,000,000. ``(5) Use of funds.--Grant funds under this section shall be used by an institution of higher education to support or establish a campus-based child care program serving the needs of low-income students enrolled at the institution of higher education. ``(6) Construction.--Nothing in this section shall be construed to prohibit an institution of higher education that receives grant funds under this section from serving the child care needs of the community served by the institution. ``(7) Definition of low-income student.--For the purpose of this section, the term ``low-income student'' means a student who is eligible to receive a Federal Pell Grant for the fiscal year for which the determination is made. ``(e) Applications.--An institution of higher education desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. Each application shall-- ``(1) demonstrate that the institution is an eligible institution described in subsection (d)(4); ``(2) specify the amount of funds requested; ``(3) demonstrate the need of low-income students at the institution for campus-based child care services by including in the application student demographics and other relevant data; ``(4) contain a description of the activities to be assisted, including whether the grant funds will support an existing child care program or a new child care program; ``(5) identify the resources the institution will draw upon to support the child care program and the participation of low- income students in the program, such as accessing social services funding, using student activity fees to help pay the costs of child care, using resources obtained by meeting the needs of parents who are not low-income students, and accessing foundation, corporate or other institutional support, and demonstrate that the use of the resources will not result in increases in student tuition; ``(6) contain an assurance that the institution will meet the child care needs of low-income students through the provision of services, or through a contract for the provision of services; ``(7) in the case of an institution seeking assistance for a new child care program-- ``(A) provide a timeline, covering the period from receipt of the grant through the provision of the child care services, delineating the specific steps the institution will take to achieve the goal of providing low-income students with child care services; ``(B) specify any measures the institution will take to assist low-income students with child care during the period before the institution provides child care services; and ``(C) include a plan for identifying resources needed for the child care services, including space in which to provide child care services, and technical assistance if necessary; ``(8) contain an assurance that any child care facility assisted under this section will meet the applicable State or local government licensing, certification, approval, or registration requirements; and ``(9) contain a plan for any child care facility assisted under this section to become accredited within 3 years of the date the institution first receives assistance under this section. ``(f) Reporting Requirements; Continuing Eligibility.-- ``(1) Reporting requirements.-- ``(A) Reports.--Each institution of higher education receiving a grant under this section shall report to the Secretary 18 months and 36 months after receiving the first grant payment under this section. ``(B) Contents.--The report shall include-- ``(i) data on the population served under this section; ``(ii) information on campus and community resources and funding used to help low-income students access child care services; ``(iii) information on progress made toward accreditation of any child care facility; and ``(iv) information on the impact of the grant on the quality, availability, and affordability of campus-based child care services. ``(2) Continuing eligibility.--The Secretary shall make the third annual grant payment under this section to an institution of higher education only if the Secretary determines, on the basis of the 18-month report submitted under paragraph (1), that the institution is making a good faith effort to ensure that low-income students at the institution have access to affordable, quality child care services. ``(g) Authorization of Appropriations.--There are authorized to be appropriated $60,000,000 for fiscal year 1998 and such sums as may be necessary for each of the 4 succeeding fiscal years to carry out this section.''.

Child Care Access Means Parents in School Act - Amends the Higher Education Act of 1965 to authorize the Secretary of Education to award grants to assist institutions of higher education in providing campus-based child care services to low-income students. Authorizes appropriations.

Child Care Access Means Parents in School Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Executive Compensation Clawback Full Enforcement Act''. SEC. 2. NO AVOIDANCE OF PERSONAL LIABILITY. (a) In General.--An officer, director, employee, or other institution-affiliated party of a depository institution, depository institution holding company, or nonbank financial company who is required by a Federal financial regulatory law that provides for personal liability, or any rule or order promulgated by a Federal financial regulatory agency thereunder, to repay previously earned compensation or pay a civil money penalty-- (1) shall be personally liable for the amounts so owed; and (2) may not, directly or indirectly, insure or hedge against, or otherwise transfer the risks associated with, personal liability for the amounts so owed. (b) Rule of Construction.--Subsection (a) shall not preclude a person from-- (1) being provided funds necessary to defend against a previously earned compensation recovery or civil money penalty described under subsection (a)-- (A) from the relevant depository institution, depository institution holding company, or nonbank financial company; (B) under an insurance policy; or (C) pursuant to court order; or (2) obtaining insurance that protects such person from being held personally liable for-- (A) penalties, judgments, or other amounts assessed against a depository institution, depository institution holding company, or nonbank financial company at the company level; or (B) unintentional outcomes associated with the ordinary exercise of trade or business judgment, unless the effects of such judgment result in personal liability under a Federal financial regulatory law that provides for personal liability. (c) Application to Foreign Nonbank Financial Companies.--Subsection (a) shall only apply to an officer, director, employee, or other institution-affiliated party of a foreign nonbank financial company to the extent that such officer, director, employee, or other institution- affiliated party is based in the United States. (d) Definitions.--For purposes of this Act: (1) Compensation.--The term ``compensation'' means anything of value, regardless of the form in which provided, that is given by a depository institution, depository institution holding company, or nonbank financial company to an officer, director, employee, or other institution-affiliated party in return for that individual's service to such entity. (2) Depository institution.--The term ``depository institution'' has the meaning given such term under section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813). (3) Depository institution holding company.--The term ``depository institution holding company'' means-- (A) a bank holding company, as defined under section 102 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5311); and (B) a savings and loan holding company, as defined under section 10 of the Home Owners' Loan Act (12 U.S.C. 1467a). (4) Federal financial regulatory agency.--The term ``Federal financial regulatory agency'' means-- (A) the Board of Governors of the Federal Reserve System; (B) the Bureau of Consumer Financial Protection; (C) the Commodity Futures Trading Commission; (D) the Federal Deposit Insurance Corporation; (E) the Federal Housing Finance Agency; (F) the Federal Trade Commission, to the extent the Commission exercises authority over a depository institution, depository institution holding company, or nonbank financial company; (G) the Office of the Comptroller of the Currency; and (H) the Securities and Exchange Commission. (5) Federal financial regulatory law.--The term ``Federal financial regulatory law'' means-- (A) the Bank Holding Company Act of 1956; (B) the Commodity Exchange Act; (C) the Dodd-Frank Wall Street Reform and Consumer Protection Act; (D) section 111 of the Emergency Economic Stabilization Act of 2008; (E) the Federal Deposit Insurance Act; (F) the Federal Home Loan Bank Act; (G) the Federal Home Loan Mortgage Corporation Act; (H) the Federal Housing Enterprises Financial Safety and Soundness Act of 1992; (I) the Federal National Mortgage Association Charter Act; (J) the Federal Trade Commission Act, to the extent such Act applies to depository institutions, depository institution holding companies, or nonbank financial companies; (K) the Gramm-Leach-Bliley Act; (L) the Home Owners' Loan Act; (M) the Housing and Economic Recovery Act of 2008; (N) the International Banking Act of 1978; (O) the International Lending Supervision Act of 1983; (P) title LXII of the Revised Statutes of the United States; and (Q) the securities laws (as defined under section 3(a) of the Securities Exchange Act of 1934), to the extent such laws apply to depository institutions, depository institution holding companies, or nonbank financial companies. (6) Federal financial regulatory law that provides for personal liability.--The term ``Federal financial regulatory law that provides for personal liability'' means any provision of a Federal financial regulatory law that-- (A) directly requires recovery of compensation previously paid to, or directly requires assessment of a civil money penalty against, a director, officer, employee, or other institution-affiliated party of a depository institution, depository institution holding company, or nonbank financial company; or (B) authorizes a Federal financial regulatory agency to require, by rule or order, recovery of compensation previously paid to, or assess a civil money penalty against, a director, officer, employee, or other institution-affiliated party of a depository institution, depository institution holding company, or nonbank financial company. (7) Institution-affiliated party.--The term ``institution- affiliated party''-- (A) has the meaning given such term under subsection (u) of section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813); and (B) shall apply with respect to a depository institution, depository institution holding company, and nonbank financial company to the same extent as such subsection applies to an insured depository institution. (8) Nonbank financial company.--The term ``nonbank financial company'' means-- (A) a nonbank financial company, as defined under section 102 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5311); (B) the Federal National Mortgage Association; (C) the Federal Home Loan Mortgage Corporation; and (D) the Federal Home Loan Banks.

Executive Compensation Clawback Full Enforcement Act - Prohibits personnel or affiliated parties of depository institutions, depository institution holding companies, or nonbank financial companies who are required by federal financial regulatory law that imposes personal liability from insuring or hedging against, or otherwise transferring the risks associated with, personal liability for amounts owed as repayment of previously earned compensation or civil penalties. States that such persons are not precluded from being provided funds from: (1) specified entities to defend against previously earned compensation recovery or civil money penalty, or (2) certain insurance that protects against personal liability. Applies this Act to the personnel or affiliated party of a foreign nonbank financial company only to the extent such party is based in the United States.

To prohibit individuals from insuring against possible losses from having to repay illegally-received compensation or from having to pay civil penalties, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Park Service Employee Housing Program Act of 1994''. SEC. 2. REQUIREMENTS REGARDING PROVISION OF HOUSING TO EMPLOYEES. The Secretary of the Interior (in this Act referred to as the ``Secretary''), acting through the Director of the National Park Service, shall, in accordance with this Act and section 5911 of title 5, United States Code-- (1) provide housing to employees of the National Park Service only when and where such housing is necessary and justified; and (2) ensure that such housing, if necessary and justified, is available and adequate. SEC. 3. REVIEW AND REVISION OF HOUSING CRITERIA. (a) In General.--Upon the enactment of this Act, the Secretary shall review and revise the existing criteria under which housing is provided to employees of the National Park Service. The review and revision shall include consideration of the following criteria: (1) Required occupancy (whether and under what circumstances the Park Service requires, as a condition of employment, that an employee live at a particular site or in a specific geographic area). For each instance in which occupancy is required, full consideration shall be given to the concept of adequate response time. (2) Availability and adequacy of non-Federal housing in the geographic area, including consideration of the degree of isolation (the time and distance that separate other potential housing from the workplace of a Park Service employee). (3) Category of employment (seasonal or permanent). (4) Any other factor that the Secretary considers appropriate. (b) Submission of Report.--A report detailing the results of the revisions required by subsection (a) shall be submitted to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate not later than 180 days after the date of the enactment of this Act. The report shall include justifications for keeping, or for changing, each of the criteria or factors used by the Department of the Interior with regard to the provision of housing to employees of the National Park Service. SEC. 4. REVIEW OF CONDITION OF AND COSTS RELATING TO HOUSING. (a) In General.--Using the revised criteria developed under section 3, the Secretary shall undertake a review, for each unit of the National Park System, of existing government-owned housing provided to employees of the National Park Service. The review shall include an assessment of the physical condition of such housing and the suitability of such housing to effectively carry out the missions of the Department of the Interior and the National Park Service. For each unit of such housing, the Secretary shall determine whether the unit is needed and justified. The review shall include estimates of the cost of bringing each such unit that is needed and justified into usable condition that meets all applicable legal housing requirements or, if the unit is determined to be obsolete but is still warranted to carry out the missions of the Department of the Interior and the National Park Service, the cost of replacing the unit. (b) Submission of Report and Proposed Plan.--The Secretary shall submit a report detailing the results of the review required by subsection (a), and a proposed plan to meet the housing needs of employees of the National Park Service, to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate not later than 1 year after the date of the enactment of this Act. SEC. 5. ALTERNATIVES TO MEET HOUSING NEEDS. (a) Authorization for Housing Agreements.--For those units of the National Park Service for which the review required by section 4 has been completed, the Secretary is authorized to enter into housing agreements with housing entities under which such housing entities may develop, construct, rehabilitate, or manage housing, located on or off public lands, for rent or lease to National Park Service employees who meet the housing eligibility criteria developed by the Secretary pursuant to this Act. In entering such housing agreements, the Secretary may guarantee to such entities a reasonable rate of occupancy of rental units. The authority granted by this subsection is in addition to the authorities of the Secretary to acquire or construct housing for employees of the National Park Service using appropriated funds. (b) Limitation on Placement of Housing.--Housing made available on public lands pursuant to subsection (a) shall be located only in areas designated for administrative use. (c) Prohibition of Aquisition Without Consent.--No private lands, or interests therein, located outside the boundaries of a Federally administered area may be acquired pursuant to this Act without the consent of the owner thereof. (d) Study Regarding Housing Allowances.--The Secretary shall undertake a study to determine the feasibility of providing eligible employees of the National Park Service with housing allowances rather than government housing. If the Secretary finds, pursuant to the study, that the provision of such allowances would be beneficial to the Federal Government, the Secretary is authorized to institute a program for the provision of the allowances, subject to the availability of funds. (e) Definition.--For purposes of this section, the term ``housing entity'' means an individual who, or a public or private corporation or organization that, the Secretary finds is qualified to provide and capable of providing housing. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act.

National Park Service Employee Housing Program Act of 1994 - Directs the Secretary of the Interior, acting through the Director of the National Park Service, to: (1) provide housing to employees of the National Park Service (Service) only when and where such housing is necessary and justified; and (2) ensure that such housing is available and adequate. Requires the Secretary to: (1) review and revise the existing criteria under which housing is provided to Service employees; (2) use the revised criteria to undertake a review of the physical condition and suitability of existing federally-owned housing provided to Service employees for each National Park System (NPS) unit; and (3) report to specified congressional committees on the review and on a plan to meet employee housing needs. Authorizes the Secretary to enter into housing agreements with housing entities concerning the reviewed NPS units under which the entities may develop, construct, rehabilitate, or manage housing located on or off public lands in areas designated for administrative use for rent or lease to Service employees who meet this Act's housing eligibility criteria. Prohibits the acquisition of private lands pursuant to this Act without the owner's consent. Requires the Secretary to undertake a study to determine the feasibility of providing eligible Service employees with housing allowances rather than Federal housing. Authorizes the Secretary to institute a program for the provision of the allowances, subject to the availability of funds, if it would be beneficial to the Government. Authorizes appropriations.

National Park Service Employee Housing Program Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Employees Paid Parental Leave Act of 2008''. SEC. 2. PAID PARENTAL LEAVE UNDER TITLE 5. (a) Amendment to Title 5.--Subsection (d) of section 6382 of title 5, United States Code, is amended-- (1) by redesignating such subsection as subsection (d)(1); (2) by striking ``subparagraph (A), (B), (C), or'' and inserting ``subparagraph (C) or''; and (3) by adding at the end the following: ``(2) An employee may elect to substitute for any leave without pay under subparagraph (A) or (B) of subsection (a)(1) any paid leave which is available to such employee for that purpose. ``(3) The paid leave that is available to an employee for purposes of paragraph (2) is-- ``(A) subject to paragraph (6), 4 administrative workweeks of paid parental leave under this subparagraph in connection with the birth or placement involved; and ``(B) any annual or sick leave accrued or accumulated by such employee under subchapter I. ``(4) Nothing in this subsection shall be considered to require that an employee first use all or any portion of the leave described in subparagraph (B) of paragraph (3) before being allowed to use the paid parental leave described in subparagraph (A) of paragraph (3). ``(5) Paid parental leave under paragraph (3)(A)-- ``(A) shall be payable from any appropriation or fund available for salaries or expenses for positions within the employing agency; ``(B) shall not be considered to be annual or vacation leave for purposes of section 5551 or 5552 or for any other purpose; and ``(C) if not used by the employee before the end of the 12- month period (as referred to in subsection (a)(1)) to which it relates, shall not accumulate for any subsequent use. ``(6) The Director of the Office of Personnel Management-- ``(A) may promulgate regulations to increase the amount of paid parental leave available to an employee under paragraph (3)(A), to a total of not more than 8 administrative workweeks, based on the consideration of-- ``(i) the benefits provided to the Federal Government of offering increased paid parental leave, including enhanced recruitment and retention of employees; ``(ii) the cost to the Federal Government of increasing the amount of paid parental leave that is available to employees; ``(iii) trends in the private sector and in State and local governments with respect to offering paid parental leave; ``(iv) the Federal Government's role as a model employer; and ``(v) such other factors as the Director considers necessary; and ``(B) shall prescribe any regulations necessary to carry out this subsection, including, subject to paragraph (4), the manner in which an employee may designate any day or other period as to which such employee wishes to use paid parental leave described in paragraph (3)(A).''. (b) Effective Date.--The amendment made by this section shall not be effective with respect to any birth or placement occurring before the end of the 6-month period beginning on the date of the enactment of this Act. SEC. 3. PAID PARENTAL LEAVE FOR CONGRESSIONAL EMPLOYEES. (a) Amendment to Congressional Accountability Act.--Section 202 of the Congressional Accountability Act of 1995 (2 U.S.C. 1312) is amended-- (1) in subsection (a)(1), by adding at the end the following: ``In applying section 102(a)(1)(A) and (B) of such Act to covered employees, subsection (d) shall apply.''; (2) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (3) by inserting after subsection (c) the following: ``(d) Special Rule for Paid Parental Leave for Congressional Employees.-- ``(1) Substitution of paid leave.--A covered employee taking leave without pay under subparagraph (A) or (B) of section 102(a)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)) may elect to substitute for any such leave any paid leave which is available to such employee for that purpose. ``(2) Amount of paid leave.--The paid leave that is available to a covered employee for purposes of paragraph (1) is-- ``(A) the number of weeks of paid parental leave in connection with the birth or placement involved that correspond to the number of administrative workweeks of paid parental leave available to Federal employees under section 6382(d)(3)(A) of title 5, United States Code; and ``(B) any additional paid vacation or sick leave provided by the employing office to such employee. ``(3) Limitation.--Nothing in this subsection shall be considered to require that a covered employee first use all or any portion of the leave described in subparagraph (B) of paragraph (2) before being allowed to use paid parental leave described in subparagraph (A) of paragraph (2). ``(4) Additional rules.--Paid parental leave under paragraph (2)(A)-- ``(A) shall be payable from any appropriation or fund available for salaries or expenses for positions within the employing office; and ``(B) if not used by the covered employee before the end of the 12-month period (as referred to in section 102(a)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1))) to which it relates, shall not accumulate for any subsequent use.''. (b) Effective Date.--The amendments made by this section shall not be effective with respect to any birth or placement occurring before the end of the 6-month period beginning on the date of the enactment of this Act. SEC. 4. CONFORMING AMENDMENT TO FAMILY AND MEDICAL LEAVE ACT FOR GAO AND LIBRARY OF CONGRESS EMPLOYEES. (a) Amendment to Family and Medical Leave Act of 1993.--Section 102(d) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(d)) is amended by adding at the end the following: ``(3) Special rule for gao and library of congress employees.-- ``(A) Substitution of paid leave.--An employee of an employer described in section 101(4)(A)(iv) taking leave under subparagraph (A) or (B) of subsection (a)(1) may elect to substitute for any such leave any paid leave which is available to such employee for that purpose. ``(B) Amount of paid leave.--The paid leave that is available to an employee of an employer described in section 101(4)(A)(iv) for purposes of subparagraph (A) is-- ``(i) the number of weeks of paid parental leave in connection with the birth or placement involved that correspond to the number of administrative workweeks of paid parental leave available to Federal employees under section 6382(d)(3)(A) of title 5, United States Code; and ``(ii) any additional paid vacation or sick leave provided by such employer. ``(C) Limitation.--Nothing in this paragraph shall be considered to require that an employee of such an employer first use all or any portion of the leave described in clause (ii) of subparagraph (B) before being allowed to use paid parental leave described in clause (i) of such subparagraph. ``(D) Additional rules.--Paid parental leave under subparagraph (B)(i)-- ``(i) shall be payable from any appropriation or fund available for salaries or expenses for positions with the employer described in section 101(4)(A)(iv); and ``(ii) if not used by the employee of such employer before the end of the 12-month period (as referred to in subsection (a)(1)) to which it relates, shall not accumulate for any subsequent use.''. (b) Effective Date.--The amendment made by this section shall not be effective with respect to any birth or placement occurring before the end of the 6-month period beginning on the date of the enactment of this Act.

Federal Employees Paid Parental Leave Act of 2008 - Allows federal employees to substitute any available paid leave for any leave without pay available for either the: (1) birth of a child; or (2) placement of a child with the employee for either adoption or foster care. Makes available for any of the 12 weeks of leave an employee is entitled to for such purposes: (1) four administrative weeks of paid parental leave in connection with the birth or placement involved; and (2) any accumulated annual or sick leave. Authorizes the Director of the Office of Personnel Management (OPM) to increase the amount of paid parental leave available to up to eight administrative workweeks, based on the consideration of: (1) the benefits provided to the federal government of offering increased paid parental leave, including enhanced recruitment and retention of employees; (2) the cost to the federal government of increasing the amount of paid parental leave that is available to employees; (3) trends in the private sector and in state and local governments with respect to offering paid parental leave; and (4) the federal government's role as a model employer. Amends the Congressional Accountability Act of 1995 to allow the same substitution for covered congressional employees. Amends the Family and Medical Leave Act of 1993 to allow the same substitution for Government Accountability Office (GAO) and Library of Congress employees.

A bill to provide that 4 of the 12 weeks of parental leave made available to a Federal employee shall be paid leave, and for other purposes.

SECTION 1. SHORT TITLE. This Act may cited as the ``Early Hearing Detection and Intervention Act of 2015''. SEC. 2. FINDINGS. Congress finds as follows: (1) Deaf and hard-of-hearing newborns, infants, toddlers, and young children require access to specialized early intervention providers and programs in order to help them meet their linguistic and cognitive potential. (2) Families of deaf and hard-of-hearing newborns, infants, toddlers, and young children benefit from comprehensive early intervention programs that assist them in supporting their child's development in all domains. (3) Best practices principles for early intervention for deaf and hard-of-hearing newborns, infants, toddlers, and young children have been identified in a range of areas including listening and spoken language and visual and signed language acquisition, family-to-family support, support from individuals who are deaf or hard-of-hearing, progress monitoring, and others. (4) Effective hearing screening and early intervention programs must be in place to identify hearing levels in deaf and hard-of-hearing newborns, infants, toddlers, and young children so that they may access appropriate early intervention programs in a timely manner. SEC. 3. REAUTHORIZATION OF PROGRAM FOR EARLY DETECTION, DIAGNOSIS, AND TREATMENT REGARDING DEAF AND HARD-OF-HEARING NEWBORNS, INFANTS, AND YOUNG CHILDREN. Section 399M of the Public Health Service Act (42 U.S.C. 280g-1) is amended to read as follows: ``SEC. 399M. EARLY DETECTION, DIAGNOSIS, AND TREATMENT REGARDING DEAF AND HARD-OF-HEARING NEWBORNS, INFANTS, AND YOUNG CHILDREN. ``(a) Health Resources and Services Administration.--The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall make awards of grants or cooperative agreements to develop statewide newborn, infant, and young childhood hearing screening, diagnosis, evaluation, and intervention programs and systems, and to assist in the recruitment, retention, education, and training of qualified personnel and health care providers for the following purposes: ``(1) To develop and monitor the efficacy of statewide programs and systems for hearing screening of newborns, infants, and young children, prompt evaluation and diagnosis of children referred from screening programs, and appropriate educational, audiological, and medical interventions for children confirmed to be deaf or hard-of-hearing, consistent with the following: ``(A) Early intervention includes referral to and delivery of information and services by organizations such as schools and agencies (including community, consumer, and parent-based agencies), pediatric medical homes, and other programs mandated by part C of the Individuals with Disabilities Education Act, which offer programs specifically designed to meet the unique language and communication needs of deaf and hard-of- hearing newborns, infants, and young children. ``(B) Information provided to parents must be accurate, comprehensive, and, where appropriate, evidence-based, allowing families to make important decisions for their child in a timely way, including decisions relating to all possible assistive hearing technologies (such as hearing aids, cochlear implants, and osseointegrated devices) and communication options (such as visual and sign language, listening and spoken language, or both). ``(C) Programs and systems under this paragraph shall offer mechanisms that foster family-to-family and deaf and hard-of-hearing consumer-to-family supports. ``(2) To develop efficient models (both educational and medical) to ensure that newborns, infants, and young children who are identified through hearing screening receive followup by qualified early intervention providers, qualified health care providers, or pediatric medical homes (including by encouraging State agencies to adopt such models). ``(3) To provide for a technical resource center in conjunction with the Maternal and Child Health Bureau of the Health Resources and Services Administration-- ``(A) to provide technical support and education for States; and ``(B) to continue development and enhancement of State early hearing detection and intervention programs. ``(b) Technical Assistance, Data Management, and Applied Research.-- ``(1) Centers for disease control and prevention.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall make awards of grants or cooperative agreements to State agencies or their designated entities for development, maintenance, and improvement of data tracking and surveillance systems on newborn, infant, and young childhood hearing screenings, audiologic evaluations, medical evaluations, and intervention services; to conduct applied research related to services and outcomes, and provide technical assistance related to newborn, infant, and young childhood hearing screening, evaluation, and intervention programs, and information systems; to ensure high-quality monitoring of hearing screening, evaluation, and intervention programs and systems for newborns, infants, and young children; and to coordinate developing standardized procedures for data management and assessing program and cost effectiveness. The awards under the preceding sentence may be used-- ``(A) to provide technical assistance on data collection and management; ``(B) to study and report on the costs and effectiveness of newborn, infant, and young childhood hearing screening, evaluation, diagnosis, intervention programs, and systems; ``(C) to collect data and report on newborn, infant, and young childhood hearing screening, evaluation, diagnosis, and intervention programs and systems that can be used-- ``(i) for applied research, program evaluation, and policy development; and ``(ii) to answer issues of importance to State and national policymakers; ``(D) to identify the causes and risk factors for congenital hearing loss; ``(E) to study the effectiveness of newborn, infant, and young childhood hearing screening, audiologic evaluations, medical evaluations, and intervention programs and systems by assessing the health, intellectual and social developmental, cognitive, and hearing status of these children at school age; and ``(F) to promote the integration, linkage, and interoperability of data regarding early hearing loss and multiple sources to increase information exchanges between clinical care and public health including the ability of States and territories to exchange and share data. ``(2) National institutes of health.--The Director of the National Institutes of Health, acting through the Director of the National Institute on Deafness and Other Communication Disorders, shall, for purposes of this section, continue a program of research and development related to early hearing detection and intervention, including development of technologies and clinical studies of screening methods, efficacy of interventions, and related research. ``(c) Coordination and Collaboration.-- ``(1) In general.--In carrying out programs under this section, the Administrator of the Health Resources and Services Administration, the Director of the Centers for Disease Control and Prevention, and the Director of the National Institutes of Health shall collaborate and consult with-- ``(A) other Federal agencies; ``(B) State and local agencies, including those responsible for early intervention services pursuant to title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) (Medicaid Early and Periodic Screening, Diagnosis and Treatment Program); title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.) (State Children's Health Insurance Program); title V of the Social Security Act (42 U.S.C. 701 et seq.) (Maternal and Child Health Block Grant Program); and part C of the Individuals with Disabilities Education Act (20 U.S.C. 1431 et seq.); ``(C) consumer groups of and that serve individuals who are deaf and hard-of-hearing and their families; ``(D) appropriate national medical and other health and education specialty organizations; ``(E) persons who are deaf and hard-of-hearing and their families; ``(F) other qualified professional personnel who are proficient in deaf or hard-of-hearing children's language and who possess the specialized knowledge, skills, and attributes needed to serve deaf and hard- of-hearing newborns, infants, toddlers, children, and their families; ``(G) third-party payers and managed-care organizations; and ``(H) related commercial industries. ``(2) Policy development.--The Administrator of the Health Resources and Services Administration, the Director of the Centers for Disease Control and Prevention, and the Director of the National Institutes of Health shall coordinate and collaborate on recommendations for policy development at the Federal and State levels and with the private sector, including consumer, medical, and other health and education professional- based organizations, with respect to newborn, infant, and young childhood hearing screening, evaluation, diagnosis, and intervention programs and systems. ``(3) State early detection, diagnosis, and intervention programs and systems; data collection.--The Administrator of the Health Resources and Services Administration and the Director of the Centers for Disease Control and Prevention shall coordinate and collaborate in assisting States-- ``(A) to establish newborn, infant, and young childhood hearing screening, evaluation, diagnosis, and intervention programs and systems under subsection (a); and ``(B) to develop a data collection system under subsection (b). ``(d) Rule of Construction; Religious Accommodation.--Nothing in this section shall be construed to preempt or prohibit any State law, including State laws which do not require the screening for hearing loss of newborns, infants, or young children of parents who object to the screening on the grounds that such screening conflicts with the parents' religious beliefs. ``(e) Definitions.--For purposes of this section: ``(1) The term `audiologic', when used in connection with evaluation, refers to procedures-- ``(A) to assess the status of the auditory system; ``(B) to establish the site of the auditory disorder, the type and degree of hearing loss, and the potential effects of hearing loss on communication; and ``(C) to identify appropriate treatment and referral options, including-- ``(i) linkage to State coordinating agencies under part C of the Individuals with Disabilities Education Act (20 U.S.C. 1431 et seq.) or other appropriate agencies; ``(ii) medical evaluation; ``(iii) hearing aid/sensory aid assessment; ``(iv) audiologic rehabilitation treatment; and ``(v) referral to national and local consumer, self-help, parent, and education organizations, and other family-centered services. ``(2) The term `early intervention' refers to-- ``(A) providing appropriate services for the child who is deaf or hard of hearing, including nonmedical services; and ``(B) ensuring the family of the child is-- ``(i) provided comprehensive, consumer- oriented information about the full range of family support, training, information services, and language and communication options; and ``(ii) given the opportunity to consider and obtain the full range of such appropriate services, educational and program placements, and other options for their child from highly qualified providers. ``(3) The term `medical evaluation' refers to key components performed by a physician, including history, examination, and medical decisionmaking focused on symptomatic and related body systems for the purpose of diagnosing the etiology of hearing loss and related physical conditions, and for identifying appropriate treatment and referral options. ``(4) The term `medical intervention' refers to the process by which a physician provides medical diagnosis and direction for medical or surgical treatment options for hearing loss or related medical disorders. ``(5) The term `newborn, infant, and young childhood hearing screening' refers to objective physiologic procedures to detect possible hearing loss and to identify newborns, infants, and young children who require further audiologic evaluations and medical evaluations. ``(f) Authorization of Appropriations.-- ``(1) Statewide newborn, infant, and young childhood hearing screening, evaluation and intervention programs and systems.--For the purpose of carrying out subsection (a), there is authorized to be appropriated to the Health Resources and Services Administration $17,800,000 for each of fiscal years 2016 through 2020. ``(2) Technical assistance, data management, and applied research; centers for disease control and prevention.--For the purpose of carrying out subsection (b)(1), there is authorized to be appropriated to the Centers for Disease Control and Prevention $10,800,000 for each of fiscal years 2016 through 2020. ``(3) Technical assistance, data management, and applied research; national institute on deafness and other communication disorders.--No additional funds are authorized to be appropriated for the purpose of carrying out subsection (b)(2). Such subsection shall be carried out using funds which are otherwise authorized (under section 402A or other provisions of law) to be appropriated for such purpose.''.

Early Hearing Detection and Intervention Act of 2015 This bill amends the Public Health Service Act to expand programs for deaf and hard-of-hearing newborns and infants to include young children. The programs are revised and reauthorized for FY2016-FY2020.

Early Hearing Detection and Intervention Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Malala Yousafzai Scholarship Act''. SEC. 2. FINDINGS. (a) Findings.--Congress makes the following findings: (1) On October 9, 2012, Malala Yousafzai was shot in the head by Pakistani Taliban on her way home from school. (2) In late 2008, Malala began writing a blog for BBC Urdu under a pseudonym pressing the case for access to education for women and girls despite objections from the Pakistani Taliban. (3) Malala's advocacy for the education of women and girls made her a target of the Taliban. (4) The Taliban called Malala's efforts to highlight the need for education for women and girls an ``obscenity''. (5) On July 12, 2013, Malala celebrated her 16th birthday by delivering a speech before the United Nations General Assembly in which she said, ``So let us wage a glorious struggle against illiteracy, poverty, and terrorism. Let us pick up our books and our pens. They are the most powerful weapons. One child, one teacher, one book, and one pen can change the world. Education is the only solution.''. (6) According to the United Nation's 2012 Education for All Global Monitoring Report, ``Pakistan has the second largest number of children out of school [in the world]'' and ``nearly half of rural females have never been to school.''. (7) According to the World Bank, ``The benefits of women's education go beyond higher productivity for 50 percent of the population. More educated women also tend to be healthier, participate more in the formal labor market, earn more income, have fewer children, and provide better health care and education to their children, all of which eventually improve the well-being of all individuals and lift households out of poverty. These benefits also transmit across generations, as well as to their communities at large.''. (8) According to United Nation's 2012 Education For All Global Monitoring Report, ``education can make a big difference to women's earnings. In Pakistan, women with a high level of literacy earned 95 percent more than women with no literacy skills.''. (9) In January 2010, Secretary of State Hillary Rodham Clinton stated, ``We will open the doors of education to all citizens, but especially to girls and women * * * We are doing all of these things because we have seen that when women and girls have the tools to stay healthy and the opportunity to contribute to their families'' well-being, they flourish and so do the people around them. (10) The United States provides critical foreign assistance to Pakistan's education sector to improve access to and the quality of basic and higher education. (11) The Merit and Needs-Based Scholarship Program administered by the United States Agency for International Development (USAID) awards scholarships to academically talented, financially needy Pakistani students from all regions, including remote areas of the country, to pursue bachelor's or master's degrees at participating Pakistani universities. (12) Fifty percent of the 974 Merit and Needs-Based Scholarships awarded during fiscal year 2013 were awarded to Pakistani women. Historically, only 25 percent of such scholarships have been awarded to women. Starting in the fall of 2013, USAID has committed to provide 50 percent of all scholarships to women. (13) The United Nations declared July 12, 2013, as ``Malala Day''--a global day of support for and recognition of Malala's bravery and courage in promoting women's education. (14) On October 10, 2014, Malala Yousafzai became the co- recipient of the Nobel Peace Prize for her ``struggle against the suppression of children and young people and for the right of all children to education''. (15) On December 10, 2012, the United Nations and the Government of Pakistan launched the ``Malala Fund for Girls' Education'' to improve girls' access to education worldwide, with Pakistan donating the first $10,000,000 to the Fund. (16) More than 1,000,000 people around the world have signed the United Nations Special Envoy for Global Education petition calling on the Government of Pakistan to enroll every boy and girl in primary school. (17) Pakistani civil society organizations collected almost 2,000,000 signatures from Pakistanis on a petition dedicated to Malala's cause of education for all. (18) Engagement with Pakistani diaspora communities in the United States, who have unique perspectives, access, and opportunities to contribute to stability and economic growth in Pakistan, will be a critical element of a successful United States program to promote greater access to education for women and girls. SEC. 3. SENSE OF CONGRESS. (a) In General.--It is the sense of Congress that-- (1) every individual should have the opportunity to pursue an education; (2) every individual, regardless of gender, should have the opportunity to pursue an education without fear of discrimination; (3) educational exchanges promote institutional linkages between the United States and Pakistan; and (4) recipients of scholarships referred to in section 4 should commit to improving their local communities. (b) Continued Support for Educational Initiatives in Pakistan.-- Congress encourages the Department of State and the United States Agency for International Development to continue their support for initiatives led by the Government of Pakistan and Pakistani civil society that promote education in Pakistan, especially education for women. SEC. 4. MERIT AND NEEDS-BASED SCHOLARSHIP PROGRAM. (a) In General.--The Administrator of the United States Agency for International Development (referred to in this Act as the ``USAID Administrator'') shall award at least 50 percent of the number of scholarships under the Merit and Needs-Based Scholarship Program (referred to in this Act as the ``Program'') to women for each of the calendar years 2014 through 2016. (b) Limitations.-- (1) Criteria.--The scholarships available under subsection (a) may only be awarded in accordance with other scholarship eligibility criteria already established by USAID. (2) Academic disciplines.--Scholarships authorized under subsection (a) shall be awarded for a range of disciplines to improve the employability of graduates and to meet the needs of the scholarship recipients. (3) Other scholarships.--The USAID Administrator shall make every effort to award 50 percent of the scholarships available under the Program to Pakistani women. (c) Leveraging Investment.--The USAID Administrator shall, to the greatest extent practicable, consult with and leverage investments by the Pakistani private sector and Pakistani diaspora communities in the United States as part of USAID's greater effort to improve the quality of, expand access to, and ensure sustainability of education programs in Pakistan. SEC. 5. ANNUAL CONGRESSIONAL BRIEFING. (a) In General.--The USAID Administrator shall designate appropriate USAID officials to brief the appropriate congressional committees, not later than 1 year after the date of enactment of this Act, and annually thereafter for the next 3 years, on the implementation of section 4. (b) Contents.--The briefing described in subsection (a) shall include, among other relevant information, for the most recently concluded fiscal year-- (1) the total number of scholarships that were awarded through the Program, including a breakdown by gender; (2) the disciplines of study chosen by the scholarship recipients; (3) the percentage of the scholarships that were awarded to students seeking a bachelor's degree or a master's degree, respectively; (4) the percentage of scholarship recipients who voluntarily dropped out of school or were involuntarily pushed out of the program for failure to meet program requirements; and (5) the percentage of scholarship recipients who dropped out of school due to retaliation for seeking an education, to the extent that such information is available. Passed the House of Representatives November 19, 2014. Attest: KAREN L. HAAS, Clerk.

Malala Yousafzai Scholarship Act - (Sec. 3) Expresses the sense of Congress that: (1) every individual, regardless of gender, should have the opportunity to pursue an education free from the fear of discrimination; (2) educational exchanges promote institutional linkages between the United States and Pakistan; and (3) recipients of scholarships under the Merit and Needs-Based Scholarship Program (Program) should commit to improving their local communities. (The Program awards scholarships for university study to academically talented, financially needy Pakistani students.) Encourages the State Department and the U.S. Agency for International Development (USAID) to continue to support Pakistani education initiatives, especially those for women. (Sec. 4) Directs the USAID Administrator to award at least 50% of the scholarships available under the Program to women for each of calendar years 2014-2016. Requires the scholarships to be awarded: (1) in accordance with existing scholarship criteria, and (2) for a range of disciplines to improve the employability of graduates and to meet the needs of the scholarship recipients. Directs the USAID Administrator to: (1) make every effort to award 50% of the scholarships available under the Program to Pakistani women; and (2) consult with, and leverage investments by, the Pakistani private sector and Pakistani diaspora communities in the United States to improve, expand, and sustain education programs in Pakistan. (Sec. 5) Requires the USAID to brief Congress, annually for the next four years, on the implementation of this Act's requirements, including specified information regarding Program scholarships.

Malala Yousafzai Scholarship Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``STEM Support for Teachers in Education and Mentoring (STEM) Act'' or the ``STEM\2\ Act''. SEC. 2. STEM EDUCATION PLANNING AND TRAINING. (a) In General.--Title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6601 et seq.) is amended by adding at the end the following: ``PART E--STEM EDUCATION PLANNING AND TRAINING ``SEC. 2501. DEFINITIONS. ``In this part: ``(1) Indian tribe; tribal organization.--The terms `Indian tribe' and `tribal organization' have the meanings given those terms in section 4 of the Indian Self-Determination and Education Assistance Act. ``(2) STEM.--The term `STEM' means science, technology, engineering, and mathematics. ``SEC. 2502. PLANNING GRANTS. ``(a) Purpose.--The purpose of this section is to address the lack of coordination among STEM education efforts in the States. ``(b) Definition of Eligible Entity.--In this section, the term `eligible entity' means a State, Indian tribe, tribal organization, nonprofit organization, or institution of higher education. ``(c) Grants Authorized.--From amounts made available to carry out this section, the Secretary shall carry out a program of awarding, on a competitive basis, planning grants to eligible entities to enable the eligible entities to-- ``(1) develop effective State or tribal STEM networks for communication and collaboration that include school teachers, institutions of higher education, nonprofit organizations, businesses, Federal, State, and local governments, and any other relevant entities; and ``(2) through such State STEM networks, identify future STEM skills needed for STEM and non-STEM occupations. ``(d) Application.--An eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(e) Reports.-- ``(1) Reports to the secretary.--An eligible entity receiving a grant under this section shall submit to the Secretary an annual report describing the progress made on the grant. ``(2) Reports to congress.--Not later than 3 years after the date of enactment of the STEM Support for Teachers in Education and Mentoring (STEM) Act, and every 3 years thereafter, the Secretary shall submit a report to Congress regarding the program supported under this section. ``SEC. 2503. TRAINING PROGRAM GRANTS. ``(a) Purpose.--The purpose of this section is to strengthen the capacity of teachers, elementary schools, middle schools, and secondary schools to inspire and prepare students for STEM careers and build STEM literacy. ``(b) Definition of Eligible Entity.--In this section, the term `eligible entity' means a State, Indian tribe, tribal organization, local educational agency, institution of higher education, or nonprofit organization. ``(c) Grants Authorized.-- ``(1) In general.--From amounts made available to carry out this section, the Secretary shall carry out a program of awarding grants, on a competitive basis, to eligible entities to enable the eligible entities to develop, carry out, and evaluate training programs for STEM education in elementary schools, middle schools, and secondary schools. ``(2) Proportionality.--To the extent practicable, the Secretary shall, in awarding grants under this section, ensure an equitable distribution between eligible entities serving urban areas and eligible entities serving rural areas. ``(d) Application.--An eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. Such application shall include-- ``(1) a description of how the eligible entity will monitor and evaluate the effectiveness of the training program, including how the eligible entity plans to measure the impact of the training on teachers who attended the training after the teachers return to the classroom; and ``(2) any other information the Secretary determines appropriate. ``(e) Use of Funds.--An eligible entity receiving a grant under this section shall use grant funds to carry out a training program, using best practice models and through summer institutes or other professional development enrichment programs, that provides professional development regarding STEM education to STEM teachers (including STEM teachers who are master teachers or have otherwise demonstrated mastery of STEM teaching) and administrators who are currently employed as teachers and administrators, respectively, as of the time of the program. ``(f) Reports.-- ``(1) Reports to the secretary.--An eligible entity receiving a grant under this section shall submit to the Secretary an annual report that describes the progress made on the grant and includes the results from the evaluation described in the application under subsection (d). ``(2) Reports to congress.--Not later than 3 years after the date of enactment of this part, and every 3 years thereafter, the Secretary shall submit a report to Congress regarding the program supported under this section. ``SEC. 2504. NATIONAL PANEL. ``(a) In General.--The Secretary shall establish a national panel to review, evaluate, and identify-- ``(1) rigorous kindergarten through grade 12 STEM curricula models, including computer or web-based simulation education programs and kinesthetic learning; and ``(2) best practices with respect to STEM curricula. ``(b) Members.--The Secretary shall determine the membership of the national panel described in subsection (a), which shall be comprised of individuals who have the wisdom and experience to identify and recommend the most effective STEM curricula models, such as-- ``(1) representatives of technology industries and business; ``(2) teachers and school administrators; ``(3) representatives of nonprofit organizations and community organizations; ``(4) faculty members of institutions of higher education; ``(5) research specialists and curricula specialists; ``(6) at least 1 rural education expert; and ``(7) other individuals, as determined appropriate by the Secretary. ``(c) Reports.--The panel shall prepare reports and recommendations regarding the panel's findings as requested by the Secretary. ``SEC. 2505. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated to carry out this part such sums as may be necessary for fiscal year 2011 and each of the 5 succeeding fiscal years.''. (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 2441 the following: ``Part E--STEM Education Planning and Training ``Sec. 2501. Definitions. ``Sec. 2502. Planning grants. ``Sec. 2503. Training program grants. ``Sec. 2504. National panel. ``Sec. 2505. Authorization of appropriations.''.

STEM Support for Teachers in Education and Mentoring (STEM) Act or STEM 2 Act - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to award competitive planning grants to states, Indian tribes or tribal organizations, nonprofit organizations, or institutions of higher education to develop effective state or tribal science, technology, engineering, and mathematics (STEM) networks that coordinate STEM education efforts by: (1) facilitating communication and collaboration among public and private STEM stakeholders, and (2) identifying STEM occupational skills needed in the future. Directs the Secretary to award competitive grants to states, Indian tribes or tribal organizations, local educational agencies, institutions of higher education, or nonprofit organizations to develop, implement, and evaluate STEM education training programs for teachers and administrators in elementary, middle, and secondary schools. Requires the Secretary to establish a national panel to identify and recommend the most effective STEM curricula models for kindergarten through grade 12.

A bill to assist in the coordination among science, technology, engineering, and mathematics efforts in the States, to strengthen the capacity of elementary schools, middle schools, and secondary schools to prepare students in science, technology, engineering, and mathematics, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Construction Safety Team Act of 2002''. SEC. 2. NATIONAL CONSTRUCTION SAFETY TEAMS. (a) Establishment.--The Director of the National Institute of Standards and Technology (in this Act referred to as the ``Director'') is authorized to establish National Construction Safety Teams for deployment within 48 hours after events causing the failure of a building or buildings that has resulted in substantial loss of life or that posed significant potential for substantial loss of life. The Director shall promptly publish in the Federal Register notice of the establishment of each National Construction Safety Team. (b) Procedures.-- (1) Development.--Not later than 3 months after the date of the enactment of this Act, the Director, in consultation with the Administrator of the United States Fire Administration and the heads of other appropriate Federal agencies, shall develop procedures for the establishment and deployment of National Construction Safety Teams. The Director shall update such procedures as appropriate. Such procedures shall include provisions-- (A) regarding conflicts of interest related to service on the Team; (B) defining the circumstances under which the Director will establish and deploy a National Construction Safety Team; (C) prescribing the appropriate size of National Construction Safety Teams; (D) guiding the disclosure of information under section 8; (E) guiding the conduct of investigations under this Act; (F) identifying, and prescribing appropriate conditions for the provision by the Director of, additional resources and services that a National Construction Safety Team may need; (G) for ensuring that investigations under this Act do not impede and are coordinated with any search and rescue efforts being undertaken at the site of the building failure; (H) requiring regular briefings of the public on the status of the investigative proceeding and findings; (I) guiding the National Construction Safety Teams in the moving and preservation of evidence as described in subsections (a)(4), (b)(2), and (d)(4) of section 5; (J) providing for coordination with Federal, State, and local entities that may sponsor research or investigations of building failures, including research conducted under the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.); and (K) regarding such other issues as the Director considers appropriate. (2) Publication.--The Director shall publish promptly in the Federal Register final procedures, and subsequent updates of the procedures, that are developed under paragraph (1). SEC. 3. COMPOSITION OF TEAMS. (a) Team Leader.--Each National Construction Safety Team shall be led by an individual designated by the Director. (b) Members.-- (1) In general.--The members of a National Construction Safety Team shall include-- (A) at least one employee of the National Institute of Standards and Technology; and (B) others who are experts not employed by the National Institute of Standards and Technology. (2) Source of additional members.--The experts referred to in paragraph (1)(B) may include private sector experts, experts from institutions of higher education, representatives of professional organizations with appropriate expertise, and appropriate Federal, State, or local government officials. SEC. 4. FUNCTIONS OF TEAMS. National Construction Safety Teams shall-- (1) conduct investigations to establish the likely technical cause or causes of the building failure; (2) evaluate the technical aspects of evacuation and emergency response procedures; (3) recommend specific improvements to building standards, codes, and practices based on the findings made pursuant to paragraphs (1) and (2); and (4) recommend research and other appropriate actions needed to improve the structural safety of buildings, and improve evacuation and emergency response procedures, based on the findings of the investigation. SEC. 5. AUTHORITIES. (a) Entry and Inspection.--In investigating a building failure under this Act, members of a National Construction Safety Team, and any other person authorized by the Director to support a National Construction Safety Team, upon the display of appropriate credentials provided by the Director, may-- (1) enter property where a building failure being investigated has occurred, or where building components, materials, and artifacts with respect to the building failure are located, and do anything necessary to conduct the investigation; (2) inspect any record (including any design, construction, or maintenance record), process, or facility related to the investigation; (3) inspect and test any building components, materials, and artifacts related to the building failure; and (4) move such components, materials, and artifacts as provided by the procedures developed under section 2(b)(1). (b) Avoiding Unnecessary Interference and Preserving Evidence.--An inspection, test, or other action taken by a National Construction Safety Team under this section shall be conducted in a way that-- (1) does not interfere unnecessarily with services provided by the owner or operator of the building components, materials, or artifacts, property, records, process, or facility; and (2) to the maximum extent feasible, preserves evidence related to the building failure, consistent with the ongoing needs of the investigation. (c) Coordination.-- (1) With search and rescue efforts.--A National Construction Safety Team shall not impede, and shall coordinate its investigation with, any search and rescue efforts being undertaken at the site of the building failure. (2) With other research.--A National Construction Safety Team shall coordinate its investigation, to the extent practicable, with qualified researchers who are conducting engineering or scientific (including social science) research relating to the building failure. (3) Memoranda of understanding.--To provide for the coordination of investigations, the Director shall enter into a memorandum of understanding with the head of each Federal agency that may conduct or sponsor an investigation related to an investigation by a National Construction Safety Team. (d) Interagency Priorities.-- (1) In general.--Except as provided in paragraph (2) or (3), a National Construction Safety Team investigation shall have priority over any other investigation of any other Federal agency. (2) National transportation safety board.--If the National Transportation Safety Board is conducting an investigation related to a matter under investigation by a National Construction Safety Team, the National Transportation Safety Board investigation shall have priority over the National Construction Safety Team investigation. Such priority shall not otherwise affect the authority of the Team to continue its investigation under this Act. (3) Criminal acts.--If the Attorney General, in consultation with the Director, determines and notifies the Director that circumstances reasonably indicate that the building failure being investigated by a National Construction Safety Team may have been caused by a criminal act with intent to cause the building failure, the National Construction Safety Team shall relinquish investigative priority to the appropriate Federal law enforcement agency. The relinquishment of investigative priority by the National Construction Safety Team shall not otherwise affect the authority of the Team to continue its investigation under this Act. (4) Preservation of evidence.--If the head of a Federal law enforcement agency suspects and notifies the Director that a building failure being investigated by a National Construction Safety Team under this Act may have been caused by a criminal act with intent to cause the building failure, the National Construction Safety Team, in consultation with the head of that Federal law enforcement agency, shall take actions necessary to ensure that evidence of the criminal act is preserved. SEC. 6. BRIEFINGS, HEARINGS, WITNESSES, AND SUBPOENAS. (a) General Authority.--The Director, on behalf of a National Construction Safety Team, may conduct hearings, administer oaths, and require, by subpoena and otherwise, necessary witnesses and evidence as necessary to carry out this Act. (b) Briefings.--A National Construction Safety Team shall hold regular public briefings on the status of the investigative proceeding and findings of the team. (c) Public Hearings.--During the course of an investigation by a National Construction Safety Team, an official or officials of the National Institute of Standards and Technology shall, if the Director considers it to be in the public interest, hold a public hearing for the purposes of-- (1) gathering testimony from witnesses; and (2) informing the public on the progress of the investigation. (d) Production of Witnesses.--A witness in an investigation under this Act may be summoned, and evidence in such an investigation may be required to be produced, from any place in the United States. A witness summoned under this subsection is entitled to the same fee and mileage allowance that the witness would have been paid in a court of the United States. (e) Issuance of Subpoenas.--A subpoena shall be issued under the signature of the Director but may be served by any person designated by the Director. (f) Failure To Obey Subpoena.--If a person disobeys a subpoena, order, or inspection notice issued by the Director or a National Construction Safety Team under this Act, the Director may bring a civil action in a district court of the United States to enforce the subpoena, order, or notice. An action under this subsection may be brought in the judicial district in which the person against whom the action is brought resides, is found, or does business. The court may punish a failure to obey an order of the court to comply with the subpoena, order, or notice as a contempt of court. SEC. 7. ADDITIONAL POWERS. In order to support a National Construction Safety Team in carrying out this Act, the Director may-- (1) procure the temporary or intermittent services of experts or consultants under section 3109 of title 5, United States Code; (2) request the use, when appropriate, of available services, equipment, personnel, and facilities of a department, agency, or instrumentality of the United States Government on a reimbursable or other basis; (3) confer with employees and request the use of services, records, and facilities of State and local governmental authorities; (4) accept voluntary and uncompensated services; (5) make contracts with nonprofit entities to carry out studies related to purpose, functions, and authorities of the National Construction Safety Teams; and (6) provide nongovernmental members of the National Construction Safety Team reasonable compensation for time spent carrying out activities under this Act. SEC. 8. DISCLOSURE OF INFORMATION. (a) General Rule.--Except as otherwise provided in this section, a copy of a record, information, or investigation submitted or received by a National Construction Safety Team shall be made available to the public on request and at reasonable cost. (b) Exception.--Subsection (a) does not require the release of information that-- (1) is exempt under subsection (b) of section 552 of title 5, United States Code, from disclosure under that section; or (2) is otherwise protected from disclosure by any other law of the United States. (c) Protection of Voluntary Submission of Information.-- Notwithstanding any other provision of law, a National Construction Safety Team, the National Institute of Standards and Technology, and any agency receiving information from a National Construction Safety Team or the National Institute of Standards and Technology, shall not disclose voluntarily provided safety-related information if that information is not directly related to the building failure being investigated and the Director finds that the disclosure of the information would inhibit the voluntary provision of that type of information. (d) Public Safety Information.--A National Construction Safety Team and the National Institute of Standards and Technology shall not publicly release any information it receives in the course of an investigation under this Act if the Director finds that the disclosure of that information might jeopardize public safety. SEC. 9. NATIONAL CONSTRUCTION SAFETY TEAM REPORT. Not later than 90 days after completing an investigation, a National Construction Safety Team shall issue a public report which includes-- (1) an analysis of the likely technical cause or causes of the building failure investigated; (2) technical recommendations for changes to or the establishment of evacuation and emergency response procedures; (3) recommended specific improvements to building standards, codes, and practices; and (4) recommendations for research and other appropriate actions needed to help prevent future building failures. SEC. 10. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY ACTIONS. After the issuance of a public report under section 9, the Director shall comprehensively review the report and, working with the Administrator of the United States Fire Administration and the heads of other appropriate Federal and non-Federal agencies and organizations-- (1) conduct, or enable or encourage the conduct of, appropriate research recommended by the National Construction Safety Team; and (2) promote the appropriate adoption by the Federal Government, and encourage the appropriate adoption by the heads of other agencies and organizations, of the recommendations of the National Construction Safety Team with respect to-- (A) technical aspects of evacuation and emergency response procedures; (B) specific improvements to building standards, codes, and practices; and (C) other actions needed to help prevent future building failures. SEC. 11. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY ANNUAL REPORT. Not later than February 15 of each year, the Director shall transmit to the Committee on Science of the House of Representatives and to the Committee on Commerce, Science, and Transportation of the Senate a report that includes-- (1) a summary of the investigations conducted by National Construction Safety Teams during the fiscal year ending in the preceding year; (2) a summary of recommendations made by the National Construction Safety Teams in reports issued under section 9 during such fiscal year; and (3) a description of the actions taken by the National Institute of Standards and Technology during such fiscal year in response to reports issued under section 9. SEC. 12. ADVISORY COMMITTEE. (a) Establishment and Functions.--The Director, in consultation with the Administrator of the United States Fire Administration and the heads of other appropriate Federal agencies, shall establish an advisory committee to advise the Director on carrying out this Act and to review the procedures developed under section 2(b)(1) and the reports issued under section 9. (b) Annual Report.--On January 1 of each year, the advisory committee shall transmit to the Committee on Science of the House of Representatives and to the Committee on Commerce, Science, and Transportation of the Senate a report that includes-- (1) an evaluation of the activities of the National Construction Safety Teams, together with recommendations to improve the operation and effectiveness of National Construction Safety Teams; and (2) an assessment of the implementation of the recommendations of National Construction Safety Teams and of the advisory committee. (c) Duration of Advisory Committee.--Section 14 of the Federal Advisory Committee Act shall not apply to the advisory committee established under this section. SEC. 13. ADDITIONAL APPLICABILITY. The authorities and restrictions applicable under this Act to the Director and to National Construction Safety Teams shall apply to the activities of the National Institute of Standards and Technology in response to the attacks of September 11, 2001. SEC. 14. AMENDMENT. Section 7 of the National Bureau of Standards Authorization Act for Fiscal Year 1986 (15 U.S.C. 281a) is amended by inserting ``, or from an investigation under the National Construction Safety Team Act of 2002,'' after ``from such investigation'' in the second sentence. SEC. 15. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the National Institute of Standards and Technology for carrying out this Act $25,000,000 for each of the fiscal years 2003 through 2005, to remain available until expended.

National Construction Safety Team Act of 2002 - Authorizes the Director of the National Institute of Standards and Technology (NIST) to establish National Construction Safety Teams for deployment within 48 hours after events causing the failure of a building that has resulted in substantial loss of life or that posed significant potential for such loss of life.Requires Teams to: (1) consist of at least one NIST employee and other experts who are not NIST employees; (2) conduct investigations to establish the likely technical cause(s) of the building failure; (3) evaluate the technical aspects of evacuation and emergency response procedures; (4) recommend specific improvements to building standards, codes, and practices; and (5) recommend research and other appropriate actions needed to improve the structural safety of buildings and evacuation and emergency response procedures.Requires such a Team to coordinate its investigations with any search and rescue efforts being undertaken at the site of the building failure. Requires the Director to enter into a memorandum of understanding with the head of each Federal agency that may conduct or sponsor an investigation related to a Team's investigation. Grants a Team investigation priority over any other investigation of any other Federal agency, with the exception of related investigations conducted by the National Transportation Safety Board or building failures that may have been caused by criminal acts.Requires: (1) Teams to issue public reports after completing investigations; and (2) the Director to review such reports, to conduct or encourage appropriate recommended research, to promote adoption of Team recommendations by the Federal Government and encourage adoption by other agencies and organizations, to report to Congress on Team investigations and recommendations and on NIST actions in response, and to establish an advisory committee.

A bill to provide for the establishment of investigative teams to assess building performance and emergency response and evacuation procedures in the wake of any building failure that has resulted in substantial loss of life or that posed significant potential of substantial loss of life, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Communities Act of 2005''. SEC. 2. FINDINGS. The Congress finds the following: (1) Land use and public facility planning at both the State and local levels have not had adequate financial resources to fully incorporate the threats posed both by natural and human- caused disasters, including acts of terrorism. Too frequently this has resulted in costly disaster relief programs and piecemeal, ad hoc security responses, such as unattractive physical barriers that disrupt and adversely impact the physical, social, economic, and civic lives in United States communities. (2) Although land use planning is rightfully within the jurisdiction of State and local governments, encouraging community safety by incorporating disaster mitigation and emergency preparedness into comprehensive land use planning and urban development should be supported by the Federal Government and State governments. (3) Disaster response and relief efforts impose significant costs to United States taxpayers. Federal expenditure is heavily weighted to post-disaster recovery, rather than mitigation. Planning should be undertaken to prevent property damage and human casualties, proactively incorporating mitigation strategies and methods from the professional fields of urban, community, and regional planning (including transportation and land use), architecture, landscape architecture, and urban design. (4) Disaster planning has traditionally been biased toward facilitating efficient responses and recovery, potentially to the detriment of other planning goals. Comprehensive planning can incorporate a range of effective practices for reducing risks posed by natural disasters and terrorist acts. The Federal Government and States should provide a supportive climate and statutory context for comprehensive planning. (5) Many States have land use statutes that do not currently support comprehensive planning for safe communities, and many States are undertaking efforts to update and reform statutes to better enable planning efforts that incorporate long-term hazard mitigation and emergency preparedness. (6) Efforts to coordinate State and regional investments, including at-risk public infrastructure, with local plans require additional State level planning. (7) Comprehensive urban planning takes into account the relationship between land use, transportation systems, water and wastewater facilities, open space, and other critical infrastructure in promoting safe and economically viable communities. (8) Local governments should integrate safety considerations into comprehensive planning efforts. (9) Safe housing is an essential component of safe community development, and comprehensive planning should incorporate modern, scientific planning techniques to ensure that a broad range of safe housing options are available to all members of the Nation's communities. (10) Prevailing land use patterns often place people, structures, and environmental systems at great risk. Poorly- regulated rural communities and small towns located on the metropolitan fringe often face significant growth pressures, resulting in haphazard development patterns that do not incorporate regional impacts on critical disaster-reduction systems, such as open space and wetlands. (11) The Federal Government and State governments should support the efforts of tribal governments and Native Hawaiian organizations to implement land use planning and community development to improve the safety of housing and socioeconomic conditions for Indian tribes and Native Hawaiians. SEC. 3. SAFE COMMUNITIES PLANNING GRANTS. (a) Grant Program Authorized.--The Secretary of Homeland Security shall establish a program to provide grants to States and local governments for the purpose of assisting in-- (1) the development or revision of land use planning statutes, and State or local comprehensive planning documents, in those States or local governments that either do not have land use planning statutes, or have inadequate or outmoded land use planning statutes and regulations, such that planning efforts have not adequately incorporated strategies to mitigate natural and human-caused hazards, including acts of terror, or otherwise hinder coordination of comprehensive planning and emergency preparedness efforts; (2) the creation or revision of State land use planning statutes and local comprehensive land use plans or plan elements in those States or local governments that have land use planning statutes that incorporate risk-reduction and natural and human-caused hazard mitigation; and (3) the development or revision of comprehensive land use plans or plan elements for multi-State regions. (b) Eligibility.--To be eligible to receive a grant under subsection (a), a State or local planning director shall submit to the Secretary an application, in such form as the Secretary may require, that demonstrates to the Secretary that the basic goals of the State or local government regarding land use planning legislation or regulation are consistent with all of the following guidelines: (1) Citizen engagement.--Public notification, citizen representation, and stakeholder involvement in a consensus- based, multi-disciplinary planning process are required in developing, adopting, and updating land use plans. (2) Multijurisdictional cooperation.--In order to effectively assess the risks posed to communities by natural hazards and terrorist acts, planning legislation, comprehensive plans, and regulations are created based on multijurisdictional governmental cooperation. (3) Multi-agency coordination.--In order to effectively assess the risks posed to communities by natural hazards and terrorist acts, planning legislation, comprehensive plans, and regulations are created based on cooperation between Federal, State, and local government agencies. (4) Implementation elements.--Land use plans contain an implementation element that-- (A) includes a timetable for action and a definition of the respective roles and responsibilities of agencies, local governments, and citizens of the State; (B) is consistent with State and local capital budget objectives; and (C) provides the framework for decisions relating to the siting of future infrastructure development, including development of utilities and utility distribution systems. (5) Comprehensive planning.--There is comprehensive planning to encourage land use plans that incorporate risk assessment and mitigation into any of State or locally- adopted-- (A) comprehensive plans; (B) urban design guidelines; (C) building codes; and (D) transportation plans, addressing both facility investment and operations. (6) Updating.--The State or local government addresses how comprehensive plans, including land use plans, urban design guidelines, building codes and transportation plans, will be updated over time. (7) Standards.--Comprehensive plans reflect an approach that is consistent with established professional planning standards. (c) Use of Grant Funds.--Grant funds received by a State or local government under subsection (a) shall be used for one or more of the following purposes: (1) Developing a comprehensive land use plan and integrating natural hazard mitigation and security plan elements into locally adopted and statewide comprehensive plans. (2) Assessing, inventorying, or mapping critical public infrastructure for use in developing land use and community development policies. (3) Developing geographical information systems, including technology acquisition, data development, modernization, coordination, and technical assistance. (4) Acquiring and developing scenario planning, risk assessment, or vulnerability analysis technology. (5) Reviewing and updating building codes, zoning, land use regulations, and State-level enabling legislation. (6) Implementing CPTED (Crime Prevention Through Environmental Design) initiatives. (7) Assessing risk and vulnerability, particularly related to land use. (8) Incorporating mitigation and security elements in transportation plans, facilities, and operations. (9) Incorporating regional security plans with regional transportation or land use plans. (10) Encouraging interagency cooperation, particularly between first-responders and State and local planning agencies. (11) Identifying natural hazard areas and integrating them into updates of comprehensive plans, land use regulations, zoning, and building codes. (d) Amount of Grant.--The amount of a grant under subsection (a) shall not exceed $1,125,000. (e) Cost-Sharing.-- (1) In general.--Except as provided in paragraph (2), the Federal share of a project funded with a grant under subsection (a) shall not exceed 90 percent. (2) Increased federal share.--The Secretary may increase the Federal share in the case of a grant to a tribal government or Native Hawaiian organization if the Secretary finds that the tribal government or Native Hawaiian organization does not have sufficient funds to contribute to the project. (f) Coordination.--The Secretary shall encourage Federal land management agencies to coordinate land use planning for Federal land with the State or local planning director responsible for the drafting and updating of State guide plans or guidance documents regulating land use and infrastructure development on a statewide basis. (g) Audits.-- (1) In general.--The Inspector General of the Department of Homeland Security shall conduct an audit of a portion of the grants provided under this section to ensure that all funds provided under the grants are used for the purposes specified in this section. (2) Use of audit results.--The results of audits conducted under paragraph (1) and any recommendations made in connection with the audits shall be taken into consideration in awarding any future grant under this section to a State. (h) Definitions.--In this section, the following definitions apply: (1) Land use planning legislation.--The term ``land use planning legislation'' means a statute, regulation, executive order or other action taken by a State or local government to guide, regulate, and assist in the planning, regulation, and management of land, natural resources, development practices, and other activities related to the pattern and scope of future land use. (2) Comprehensive plan.--The term ``comprehensive plan'' means a binding or non-binding planning document adopted for the purpose of regulation and management of land, natural resources, development practices, infrastructure investments, and other activities related to the pattern and scope of future land use and urban development. (3) State.--The term ``State'' means any of the following: (A) One of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, or the Commonwealth of the Northern Mariana Islands. (B) A tribal government. (C) A Native Hawaiian organization, as defined in section 8(a)(15) of the Small Business Act (15 U.S.C. 637(a)(15)). (4) State planning director.--The term ``State planning director'' means a State official designated by statute or by the chief executive officer of the State whose principal responsibility is the drafting and updating of State guide plans or guidance documents that regulate land use and development on a statewide basis. (5) Local planning director.--The term ``local planning director'' means a local official designated by statute, by the mayor, or by the city council whose principal responsibility is the drafting and updating of local comprehensive plans or guidance documents that regulate land use and development within the local government's jurisdiction. (6) Tribal government.--The term ``tribal government'' means the tribal government of an Indian tribe, as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b). SEC. 4 SAFE COMMUNITIES PLANNING RESEARCH. (a) Research Program Authorized.--The Secretary of Homeland Security, in coordination with governmental, nongovernmental, university, and commercial partners, shall conduct research and analysis of the best practices in comprehensive land use and community planning that aims to reduce threats posed by natural hazards and acts of terrorism, focusing on-- (1) the integration of Federal facility security with local and regional plans, codes, and regulations; (2) examination of the impacts of security strategies, facilities, and design on the overall physical and social environment of a community, including the functionality and accessibility of its streets, neighborhoods, civic and commercial building, and public spaces; and (3) integration of comprehensive mapping and risk- assessment tools and strategies. (b) Report to Congress.--Not later than 2 years after the date of enactment of this Act, the Secretary shall report to Congress on best practices in community security and safety planning, including-- (1) an evaluation of land use and development codes and ordinances that aim to reduce the risks posed by natural hazards and acts of terrorism; (2) an evaluation of software and other tools that have been developed to aide communities in planning for safe development; (3) an evaluation of codes, ordinances, security design standards, and design tools that aim to encourage safe planning in the siting and design of residential development; and (4) evaluation of best practices in incorporating safety and security into infrastructure planning, including water, wastewater, and storm water facilities, transportation systems, and electricity generation and distribution facilities. In determining best practices, the Secretary shall take into consideration regional, State, and local differences, and shall evaluate practices in terms of risk-reduction and cost. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this section $57,250,000 for each of the fiscal years 2007 through 2011, of which -- (1) $56,250,000 shall be used for making grants under section 3; and (2) $300,000 shall be used to carry out section 4.

Safe Communities Act of 2005 - Directs the Secretary of Homeland Security to provide cost-sharing grants to states and local governments for: (1) development or revision of land use planning statutes, and state or local comprehensive planning documents, in those states or local governments that have not adequately incorporated strategies to mitigate natural and human-caused hazards, including terrorism; (2) creation or revision of state land use statutes and local comprehensive land use plans in those states or local governments that have land use statutes that incorporate risk-reduction and natural and human-caused hazard mitigation; and (3) development or revision of multi-state land use plans. Sets forth eligible grant purposes, including: (1) developing a comprehensive land use plan and integrating natural hazard mitigation and security plan elements into state and local comprehensive plans; (2) assessing, inventorying, or mapping critical public infrastructure; (3) developing geographical information systems; (4) acquiring scenario planning, or risk assessment technology; (5) reviewing building codes, zoning, land use regulations, and related state legislation; (6) implementing crime prevention through environmental design initiatives; (7) assessing land use risk; (8) incorporating mitigation and security elements in transportation plans, facilities, and operations; (9) encouraging interagency cooperation; particularly between first-responders and state and local planning agencies; and (10) identifying natural hazard areas and integrating them into comprehensive plan updates. Directs the Secretary to analyze comprehensive land use and community planning practices in order to reduce natural hazard and terrorism threats, including: (1) integration of federal facility security with local and regional plans; (2) examination of the impacts of security strategies, facilities, and design on a community's physical and social environment; and (3) integration of mapping and risk-assessment tools and strategies.

To authorize the Secretary of Homeland Security to make grants to encourage community safety by incorporating disaster mitigation and emergency preparedness into comprehensive land use planning and urban development, and for other purposes.

SECTION. 1. SHORT TITLE. This Act may be cited as the ``Ivanpah Valley Airport Public Land Transfer Act''. SEC. 2. CONVEYANCE TO CLARK COUNTY, NEVADA, DEPARTMENT OF AVIATION. (a) In general.-- (1) Conveyance.--Notwithstanding the land use planning requirements contained in sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1711, 1712), on occurrence of the conditions specified in subsection (b), the Secretary of the Interior (referred to in this section as the ``Secretary'') shall convey to Clark County, Nevada, on behalf of the Department of Aviation (referred to in this section as the ``Department''), all right, title, and interest of the United States in and to the public land identified for disposition on the map entitled ``Ivanpah Valley, Nevada- Airport Selections'' numbered 01 and dated April 1999, for the purpose of developing an airport facility and related infrastructure. (2) Map.--The map described in paragraph (1) shall be on file and available for public inspection in the offices of the Director of the Bureau of Land Management and the Las Vegas District of the Bureau of Land Management. (b) Conditions.--The Secretary shall make the conveyance under subsection (a) if-- (1) the Department conducts an airspace assessment to identify any potential adverse effect on access to the Las Vegas basin under visual flight rules that would result from the construction and operation of a commercial or primary airport, or both, on the land to be conveyed; (2) the Administrator of the Federal Aviation Administration certifies to the Secretary that-- (A) the assessment under paragraph (1) is thorough; and (B) alternatives have been developed to address each adverse effect identified in the assessment, including alternatives that ensure access to the Las Vegas basin under visual flight rules at a level that is equal to or better than the access in existence as of the date of enactment of this Act; and (3) the Department enters into an agreement with the Secretary to retain ownership of Jean Airport and to maintain and develop Jean Airport as a general aviation airport. (c) Phased Conveyances.--At the option of the Department, the Secretary shall convey the land described in subsection (a) in parcels over a period of up to 20 years, as may be required to carry out the phased construction and development of the airport facility and infrastructure on the land. (d) Consideration.-- (1) In general.--As consideration for the conveyance of each parcel, the Department shall pay the United States an amount equal to the fair market value of the parcel. (2) Determination of fair market value.-- (A) Initial 3-year period.--During the 3-year period beginning on the date of enactment of this Act, the fair market value of a parcel to be conveyed under subsection (a) shall be based on an appraisal of the fair market value of the parcel as of a date not later than 180 days after the date of enactment of this Act. (B) Subsequent appraisals.-- (i) In general.--The fair market value of each parcel conveyed after the end of the 3- year period referred to in subparagraph (A) shall be based on a subsequent appraisal. (ii) Factors.--An appraisal conducted after that 3-year period-- (I) shall take into consideration the parcel in its unimproved state; and (II) shall not reflect any enhancement in the value of the parcel based on the existence or planned construction of infrastructure on or near the parcel. (3) Use of proceeds.--The proceeds of the sale of each parcel-- (A) shall be deposited in the special account established under section 4(e)(1)(C) of the Southern Nevada Public Land Management Act of 1998 (112 Stat. 2345); and (B) shall be disposed of by the Secretary as provided in section 4(e)(3) of that Act (112 Stat. 2346). (e) Reversionary Interest.-- (1) In general.--During the 5-year period beginning 20 years after the date on which the Secretary conveys the first parcel under subsection (a), if the Secretary determines that the Department is not developing or progressing toward the development of the parcel as part of an airport facility, the Secretary may exercise a right to reenter the parcel. (2) Procedure.--Any determination of the Secretary under paragraph (1) shall be made on the record after an opportunity for a hearing. (3) Refund.--If the Secretary exercises a right to reenter a parcel under paragraph (1), the Secretary shall refund to the Department an amount that is equal to the amount paid for the parcel by the Department. (f) Withdrawal.--The public land described in subsection (a) is withdrawn from mineral entry under-- (1) sections 910, 2318 through 2340, and 2343 through 2346 of the Revised Statutes (commonly known as the ``General Mining Law of 1872'') (30 U.S.C. 21, 22, 23, 24, 26 through 30, 33 through 43, 46 through 48, 50 through 53); and (2) the Act of February 25, 1920 (commonly known as the ``Mineral Lands Leasing Act of 1920'') (41 Stat. 437, chapter 85; 30 U.S.C. 181 et seq.). (g) Mojave National Preserve.--The Secretary of Transportation shall consult with the Secretary in the development of an airspace management plan for the Ivanpah Valley Airport that, to the extent practicable and without adversely affecting safety considerations, restricts aircraft arrivals and departures over the Mojave National Preserve, California.

Requires, at the Department's option, conveyance of land in parcels over 20 years as may be required for phased construction and development. States that the proceeds of the sale of each parcel shall be deposited in the special account established under the Southern Nevada Public Land Management Act of 1998 and disposed of by the Secretary as provided in that Act. Withdraws the conveyed lands from mineral entry under: (1) the General Mining Law of 1872; and (2) the Mineral Lands Leasing Act of 1920. Directs the Secretary of Transportation to consult with the Secretary in the development of an airspace management plan for the Ivanpah Valley Airport that, to the extent practicable and without adversely affecting safety considerations, restricts aircraft arrivals and departures over the Mojave National Preserve, California.

Ivanpah Valley Airport Public Land Transfer Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Compound 1080 and M-44 Elimination Act''. SEC. 2. PROHIBITION OF COMPOUND 1080. (a) Immediate Prohibition on Manufacture, Processing, or Distribution in Commerce of Compound 1080.-- (1) Amendment of toxic substances control act.--Section 6 of the Toxic Substances Control Act (15 U.S.C. 2605) is amended by adding at the end the following new subsection: ``(f) Compound 1080.--No person may manufacture, process, or distribute in commerce sodium fluoroacetate (known as `Compound 1080' or sodium monofluoroacetate).''. (2) Effective date.--The amendment made by paragraph (1) shall take effect on the date of the enactment of this Act. (b) Prohibition on Possession of Compound 1080.-- (1) Prohibition.--Whoever (other than a person acting under the authority of section 3(c)) possesses sodium fluoroacetate (known as ``Compound 1080'' or sodium monofluoroacetate) shall be fined under title 18, United States Code, or imprisoned not more than 2 years, or both. (2) Effective date.--This subsection shall take effect at the end of the 18-month period beginning on the first day of the first month beginning on or after the date of the enactment of this Act. SEC. 3. COLLECTION AND DESTRUCTION OF STOCKS OF COMPOUND 1080. (a) Inventory and Collection of Compound 1080 Held by the Federal Government.-- (1) Inventory.--Not later than 6 months after the date of the enactment of this Act, the Secretary of Agriculture, in collaboration with the Administrator of the Environmental Protection Agency and the Secretary of Homeland Security, shall conduct an inventory to identify stocks of sodium fluoroacetate (known as ``Compound 1080'' or sodium monofluoroacetate) held by, or under the control of, any entity of the Federal government. (2) Collection.--During the collection period, the Secretary of Agriculture, in collaboration with the Secretary of Homeland Security, shall solicit and accept the transfer of stocks of Compound 1080 held by, or under the control of, any entity of the Federal government. (3) Required transfer.--Each entity of the Federal government-- (A) shall identify stocks of Compound 1080 held by, or under the control of, such entity in accordance with the inventory under paragraph (1); (B) shall transfer such stocks to the Secretary of Agriculture during the collection period; and (C) shall transfer such stocks acquired by the entity after the collection period to the Secretary of Agriculture as soon as practicable, but not later than 6 months after the date of the acquisition of such stocks. (b) Information Campaign, Collection, and Compensation for Non- Federal Entities.-- (1) Information campaign.--Beginning not later than 3 months after the date of the enactment of this Act, the Secretary of Agriculture, in collaboration with the Administrator of the Environmental Protection Agency and the Secretary of Homeland Security, shall implement a program to disseminate information to the public about the prohibition of Compound 1080 under section 2 and the collection and compensation program under this subsection. (2) Collection.--During the collection period, the Secretary of Agriculture, in collaboration with the Secretary of Homeland Security, shall solicit and accept the transfer of stocks of Compound 1080 held in public or private ownership in the United States. (3) Compensation.-- (A) In general.--The Secretary of Agriculture shall compensate persons (other than an entity of the Federal government) who transfer stocks of Compound 1080 to the Secretary during the collection period for the reasonable value of such stocks as determined by the Secretary. (B) Funding source.--Notwithstanding any other provision of law, the funds to provide the compensation required by subparagraph (A) shall be derived from amounts made available for the Wildlife Services Program of the Department of Agriculture. If such amounts are insufficient to provide compensation to all persons entitled to compensation under such subsection, the Secretary shall use other funds appropriated or otherwise made available to the Department. (c) Destruction.-- (1) Initial destruction.--Not later than 2 years following the date of the enactment of this Act, the Secretary of Agriculture, in collaboration with the Secretary of Homeland Security, shall destroy all stocks of Compound 1080 acquired during the collection period and all stocks of Compound 1080 held by, or under the control of, the Department of Agriculture as of the date of the enactment of this Act. (2) Continuing destruction.--After the collection period, the Secretary of Agriculture shall continue to accept the transfer of stocks of Compound 1080 pursuant to subsection (a)(3)(C) and shall destroy all such stocks as soon as practicable. (d) Collection Period Defined.--In this section, the term ``collection period'' means the 18-month period beginning on the first day of the first month beginning on or after the date of the enactment of this Act. SEC. 4. PROHIBITION ON THE USE OF M-44. (a) Prohibition.--No entity of the Federal government may use M-44. (b) Definition.--For the purposes of this Act, the term ``M-44'' means-- (1) sodium cyanide packaged in a dispenser designed to propel sodium cyanide when activated; and (2) any other form of sodium cyanide, including sodium cyanide capsules, used for wildlife management or other animal control purposes.

Compound 1080 and M-44 Elimination Act - Amends the Toxic Substances Control Act to prohibit the manufacture, processing, possession, or distribution in commerce of sodium fluoroacetate (known as Compound 1080 or sodium monofluoroacetate). Directs the Secretary of Agriculture to: (1) conduct an inventory to identify stocks of Compound 1080 under federal control; (2) provide for the collection and destruction of all remaining stocks of Compound 1080 and the compensation of persons (other than federal entities) who transfer stocks of Compound 1080 to the Secretary; and (3) disseminate information to the public about the ban on Compound 1080 and the collection and compensation program under this Act. Prohibits any federal entity from using M-44. Defines "M-44" as sodium cyanide packaged in a dispenser designed to propel it when activated and any other form of sodium cyanide used for wildlife management or other animal control purposes.

To prohibit the manufacture, processing, possession, or distribution in commerce of the poison sodium fluoroacetate (known as "Compound 1080"), to provide for the collection and destruction of remaining stocks of Compound 1080, to compensate persons who turn in Compound 1080 to the Secretary of Agriculture for destruction, to prohibit the use of certain predator control devices by the federal government, and for other purposes.

SECTION 1. SHORT TITLE; REFERENCE. (a) Short Title.--This Act may be cited as the ``Safe and Affordable Manufactured Housing Improvement Act of 1996.'' (b) Reference.--Whenever in this Act an amendment is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to that section or other provision of the Housing and Community Development Act of 1974. SEC. 2. DEFINITIONS. Section 603 (42 U.S.C. 5402) is amended-- (1) by striking paragraph (7) and inserting the following new paragraph: ``(7) `Federal manufactured home construction and safety standard' means a reasonable performance standard for the construction, design, and transportation of a manufactured home which meets the needs of the public including the need for affordability, quality, durability, and safety;''; (2) in paragraph (12), by striking ``and'' at the end; (3) in paragraph (13), by striking the period at the end and inserting a semicolon; and (4) by adding at the end thereof the following new paragraphs: ``(14) `consensus committee' means the body established to provide periodic recommendations to the Secretary pursuant to the provisions of section 604; ``(15) `consensus process' means the process by which the consensus committee, established pursuant to section 604, recommends to the Secretary any additions, revocations, and/or amendments to the Federal manufactured home construction and safety standards and any related interpretations; ``(16) `transportation' means the movement of a manufactured home or manufactured home components from the manufacturing facility to a retailer's place of business or a location selected by the purchaser, and the movement of a manufactured home or manufactured home components from the retailers's place of business to a site selected by the home purchaser, where applicable; and ``(17) `Secretariat' means the qualified technical or building code maintenance organization selected by the Secretary to administer the consensus process, and to appoint the members of the consensus committee established under section 604.''. SEC. 3. FEDERAL MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS. (a) In General.--Section 604 (42 U.S.C. 5403) is amended-- (1) by striking subsection (a) and inserting the following new subsection: ``(a) Establishment.-- ``(1) Authority of secretary.--The Secretary shall establish, by order, appropriate Federal manufactured home design, construction, transportation, and safety performance standards that shall be reasonable, practicable, objectively stated, and reflective of current developments in building standards and technology. The Secretary shall issue such orders pursuant to the consensus process described in this section. ``(2) Establishment of consensus committee and procedures.--Not later than 180 days after the date of the enactment of the Manufactured Housing Improvement Act of 1996, the Secretary, in accordance with all relevant statutes, regulations, orders, and directives pertaining to competitively bid procurement, shall enter into a contract with a qualified technical or building code organization to administer a consensus process as its secretariat and to establish a manufactured housing consensus committee and appoint the members of that committee. The performance of such secretariat shall be reviewed by the Secretary on a periodic basis. The consensus committee shall be exempt from the requirements of the Federal Advisory Committee Act. All meetings shall be open to the public, and advance notice of such meetings shall be provided in the Federal Register. Any final action by the consensus committee shall be taken only after notice to the public and opportunity for public comment in accordance with the provisions of section 553 and subchapter II of chapter 5 of title 5, United States Code. ``(3) Selection and qualifications.--The consensus committee shall function, and its members shall be selected, in accordance with the procedures for consensus committees promulgated by the American National Standards Institute. Members of the consensus committee shall be qualified to participate in the work of the committee. The consensus committee and the secretariat organization shall be certified by the American National Standards Institute and shall be provided reasonable staff resources by the administering organization. ``(4) Responsibilities.--The consensus committee established under this subsection shall be responsible for the maintenance and revision of the Federal manufactured home construction and safety standards, including the interpretation of such standards. ``(5) Revisions to standards.--The consensus committee shall consider additions, deletion, and amendments to the Federal manufactured home construction and safety standards, as needed, over a 2-year cycle. The consensus committee, after notice and an opportunity for public comment, shall publish any proposed standards or revisions and notice of their submission to the Secretary, in the Federal Register. This notice shall describe the circumstances under which the proposed standards could become effective. ``(6) Secretary's response.--The Secretary may either adopt or reject the standards submitted by the consensus committee. A final order adopting such a standard, or rejecting such a standard, shall be issued by the Secretary no later than 180 days after the date the proposed standard or regulation is submitted to the Secretary by the consensus committee, and shall be published in the Federal Register. In the event that the Secretary rejects, in whole or in part, such a standard, such publication shall be preceded by publication of the proposed standard and the Secretary's proposed final order for public comment in accordance with section 553 and subchapter II of chapter 5 of title 5, United States Code. ``(7) Failure to take action.--If the Secretary fails to take final action under paragraph (6) and publish notice of the action in the Federal Register within the required 180-day period, the recommendations of the consensus committee shall take effect 60 days after the 180-day period. Within 10 days after the expiration of the 180-day period, the consensus committee shall publish in the Federal Register notice of the Secretary's failure to act, the revised standards, and the effective date of the revised standards. ``(8) Interim emergency standards.--The Secretary shall have the authority at any time to request that the consensus committee develop interim emergency performance standards or amendments to the standards, when necessary to respond to a health or safety emergency, as determined by the Secretary in writing. The consensus committee shall have 60 days to submit such proposed interim standards or amendments following a request by the Secretary. ``(9) Written interpretations.--Upon request from an interested party and after a finding that such an interpretation is reasonably necessary, the consensus committee shall submit to the Secretary written interpretations of the Federal manufactured home construction and safety standards. These interpretations shall become binding upon the completion of notice and comment rulemaking procedures by the Secretary in accordance with section 553 and subchapter II of chapter 5 of title 5, United States Code, which shall be instituted within 180 days of the Secretary's receipt of such an interpretation. The Secretary may reject, in whole or in part, an interpretation only upon a written finding that the interpretation is inconsistent with the purposes of this title.''; (2) in subsection (b)-- (A) by striking ``All'' and inserting ``Except as expressly provided herein, all''; and (B) by inserting ``and subchapter II of chapter 5'' after ``section 553''; (3) in subsection (c), by striking ``Each'' and all that follows through ``effect,'' and inserting the following: ``Each order establishing, amending, deleting, or interpreting a Federal manufactured home construction and safety standard shall specify the date such standard, amendment, or interpretation is to take effect,''; (4) by striking subsections (d), (e), (f), and (g) and inserting the following new subsections: ``(d) Preemption.--Except as may otherwise be expressly authorized by the provisions of this title, a State or local unit of government shall not establish, continue in effect, or enforce any standard pertaining to the design, construction, transportation, or safety of manufactured homes after the effective date of the United States Housing Act of 1996. The standards mandated by this title are deemed complete and exhaustive and shall supersede and preempt State and local law and regulations. ``(e) Considerations.--The consensus committee, in recommending performance standards and issuing interpretations, and the Secretary, in establishing such standards and standards interpretations under this title, shall-- ``(1) consider relevant, reliable manufactured home construction and safety data, including the results of the research, development, testing, and evaluation activities conducted pursuant to this title, and those activities conducted by private organizations and other governmental agencies to determine how best to promote the purposes of this title; ``(2) consult with such State or interstate agencies (including legislative committees) as they deem appropriate; ``(3) consider whether any such proposed performance standard or standard interpretation is reasonable for the particular type of manufactured home or for the geographic region for which it is adopted; ``(4) consider the probable effect of such standard or standard interpretation on the cost of the manufactured homes to purchasers and potential purchasers; and ``(5) consider the extent to which any such standard or standard interpretation will contribute to carrying out the purposes of this title.''; (5) by redesignating subsections (h), (i), and (j) as subsections (f), (h), and (i), respectively; (6) by inserting after subsection (f) (as so redesignated by paragraph (5) of this subsection) the following new subsection: ``(g) Evaluation Methodologies.--Based on a finding of need, as determined in writing by the Secretary, the consensus committee may, in accordance with the provisions of this section, establish reasonable, cost-effective, uniform evaluation methodologies in order to determine compliance with existing standards, or may evaluate proposed methodologies.''; and (7) by adding at the end the following new subsection: ``(j) Required Use of Consensus Process.--After the date of the enactment of the Manufactured Housing Improvement Act of 1996, the Secretary shall not adopt or amend any standards or standards interpretations other than through the consensus process set forth in this section.''. (b) Conforming Amendment.--Section 610 (42 U.S.C. 5409(a)(6)) is amended by striking ``subsection (h)'' and inserting ``subsection (f)''. SEC. 4. INSPECTION FEES. Section 620 (42 U.S.C. 5419) is amended to read as follows: ``inspection and collection and utilization of fees ``Sec. 620. (a) Establishment.--The Secretary may establish and impose, on manufactured home manufacturers, distributors, and dealers, a reasonable fee to offset the necessary expenses incurred in conducting the inspections required by this title and the expenses incurred by the consensus committee in performing its duties under this title. Such fees shall be established and/or modified pursuant to notice and comment rulemaking in accordance with section 553 and subchapter II of chapter 5 of title 5, United States Code. ``(b) Use.--Fees collected pursuant to this title shall be deposited in a dedicated fund and shall be expended only for the functions specified in subsection (a), and shall be subject for expenditure only to the extent approved in an appropriations Act. The Secretary shall provide an annual report to the Congress specifying expenditures of these funds. The Secretary shall also make available to the public, in accordance with all applicable disclosure statutes, regulations, orders, or directives, information pertaining to such funds, including but not limited to, information pertaining to amounts collected, amounts disbursed, and the fund balance.''.

Safe and Affordable Manufactured Housing Improvement Act of 1996 - Amends the Housing and Community Development Act of 1974 to direct the Secretary of Housing and Urban Development to establish a consensus committee for maintenance and revision of Federal manufactured home construction and safety standards. Includes expenses incurred by such committee within existing inspection fee authority.

Safe and Affordable Manufactured Housing Improvement Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``SEC Revolving Door Restriction Act of 2015''. SEC. 2. ONE-YEAR EMPLOYMENT RESTRICTION RELATED TO ENFORCEMENT MATTERS. (a) In General.--The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is amended by inserting after section 4E the following new section: ``SEC. 4F. ONE-YEAR EMPLOYMENT RESTRICTION RELATED TO ENFORCEMENT MATTERS AND REQUIRED ETHICS OPINIONS. ``(a) One-Year Employment Restriction.--Any person who is an employee of the Commission and who, within 1 year after the termination of such employment with the Commission, works for any company or individual against whom the Commission brought an enforcement action, where such action (or a waiver related to such action) was brought within the previous 18 months and was participated on by such person, shall be subject to the same penalties as provided for in section 216 of title 18, United States Code, for offenses described in that section. ``(b) Required Ethics Opinion.-- ``(1) In general.--Any person who is an employee of the Commission and who, within 1 year after the termination of such employment with the Commission, seeks to work for any company or individual against whom the Commission brought an enforcement action (or issued a waiver related to such action) where such action (or waiver) was participated on by such person, shall first receive an ethics opinion from the Commission. ``(2) Ethics opinion.-- ``(A) Content.--The ethics opinion described in paragraph (1) shall include a determination of whether such person should be permitted to work for such company or individual. ``(B) Determination requirements.--The Commission may not determine, under subparagraph (A), that such person should be permitted to work for such company or individual unless the Commission finds that-- ``(i) there would be no appearance of impropriety for such person to work for such company or individual; ``(ii) no material advantage would be gained by such company or individual because such person participated on an enforcement action (or a waiver related to such action); and ``(iii) the integrity of any ongoing enforcement action participated on by such person is not diminished by such person going to work for such company or individual. ``(C) Regulations.--The Chairman of the Commission shall provide for regulations for the issuance of ethics opinions under this subsection. ``(3) Penalties.--A person shall be subject to the same penalties as provided for in section 216 of title 18, United States Code, for offenses described in that section, if such person-- ``(A) receives an ethics opinion under paragraph (1), where such ethics opinion states that such person should not be permitted to work for a particular company or individual; and ``(B) within 1 year after the termination of such person's employment with the Commission, the person works for such company or individual. ``(c) Exception for Non-Professional Staff.--The provisions of this section shall not apply to a person who is a non-professional staff employee of the Commission. ``(d) Definitions.--For purposes of this section: ``(1) Enforcement action.--The term `enforcement action' means such court actions, administrative proceedings, Commission opinions, and other actions, as the Commission may determine appropriate. ``(2) Participated on.--With respect to an enforcement action (or a waiver related to such action) and a person, the term `participated on' means the person either-- ``(A) participated personally in the enforcement action (or waiver related to such action); or ``(B) knew or reasonably should have known that the enforcement action (or waiver related to such action) was under his or her official responsibility as an employee of the Commission. ``(3) Work for.--The term `work for' means-- ``(A) employed by; ``(B) volunteers for; ``(C) lobbies on behalf of; or ``(D) consults for.''. (b) Report.--One year after the date of the enactment of this Act, the Chairman of the Securities and Exchange Commission shall submit a report to the Congress analyzing the impact that the provisions of this Act have had on recruitment and retention of employees by the Securities and Exchange Commission. (c) Effective Date.--The amendment made by subsection (a) shall take effect 60 days after the date of the enactment of this Act.

SEC Revolving Door Restriction Act of 2015 This bill amends the Securities Exchange Act of 1934 to subject to federal criminal penalties for bribery, graft, and conflicts of interest an ex-employee of the Securities and Exchange Commission (SEC) who, within one year after ending employment with the SEC, works for any company or individual against whom the SEC brought an enforcement action (or a related waiver) within the previous 18 months and the ex-employee participated in that action. Any employee who seeks to work for such a company or individual must first receive an ethics opinion from the SEC on whether permission to do so should be granted. Non-professional SEC staff are exempt from this employment prohibition.

SEC Revolving Door Restriction Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Parity Act of 2005''. SEC. 2. FINDINGS. The Congress finds the following: (1) The Administration has requested and received funds for an ongoing multibillion dollar reconstruction for the Republic of Iraq. (2) In fiscal year 2003 and fiscal year 2004, approximately $21 billion was appropriated to the Iraq Relief and Reconstruction Fund (``IRRF''), of which $16.6 billion had been obligated and $9.5 billion had been spent by late July 2005. (3) The total projected cost of reconstruction through 2007 as estimated by the World Bank, the United Nations Development Group, and the Coalition Provisional Authority (``CPA''), is $55 billion. (4) The President has requested some funding for fiscal year 2006 to be appropriated to traditional foreign aid accounts rather than through the IRRF as in the past, making the total cost of reconstruction less predictable. (5) To date, the IRRF has allocated resources in Iraq-- (A) with respect to education-- (i) to rehabilitate 2,717 schools; (ii) to train 32,700 secondary school teachers and administrators; (iii) to distribute hundreds of thousands of desks, chairs, cabinets, chalkboards, and kits for primary and secondary schools; (iv) to install satellite internet access and computers at the Ministry of Education and all 21 Directorates of Education; and (v) to edit, print, and distribute more than 8.7 million math and science text books; (B) with respect to medical science-- (i) to provide potable water for 400,000 people each day in Basra city and 170,000 in Kirkuk and Mosul; (ii) to vaccinate over 3,000,000 children under the age of five and 700,000 pregnant women; (iii) to provide supplementary doses of vitamin A for more than 600,000 children under two years old; (iv) to renovate 110 primary health care centers; and (v) to train 2,000 health educators, teachers, religious leaders, and youth to mobilize communities on hygiene, diarrhea, breast-feeding, nutrition, and immunization issues; and (C) with respect to technology and infrastructure-- (i) to complete 3 major bridges and 36 detailed bridge assessments; (ii) to construct 72 kilometers of new railroad track and facilities between the Port of Umm Qasr and Shuaiba Junction; (iii) to rehabilitate parts of the Sweet Water Canal system, including repairing breaches and cleaning the main reservoir; (iv) to refurbish 14 water treatment plants around Basra serving 1.75 million people; and (v) to conduct marshland restoration activities. (6) The President's budget has eliminated or reduced domestic spending in many areas where resources have been allocated in Iraq, including-- (A) eliminating 48 education programs totaling $4.3 billion; (B) reducing spending on student loans by $10.7 billion over 10 years; (C) cutting Medicaid by $60 billion; (D) reducing health professions training from $300 million to $89 million; (E) cutting funding for Amtrak by $847 million or 70.2 percent; (F) decreasing funding for the Clean Water State Revolving Fund by $361 million; (G) suspending or canceling 31 Army Corps of Engineers projects previously requested by the President and funded by Congress; (H) cutting funding for the Environmental Protection Agency by $452 million; (I) reducing the budget for First Responders by $1.6 billion; and (J) eliminating the Community Development Block Grant program, a funding cut of $4.6 billion. (7) State and local governments in the United States have their own unmet infrastructure and social services needs. (8) State and local Governments are experiencing financial difficulties at a time when a greater funding burden is being shifted to them. (9) State and local Governments deserve, at a minimum, the same level of Federal investment to address infrastructure and social services shortfalls as the amount of relief and reconstruction funds provided to Iraq. SEC. 3. FORMULA GRANTS TO STATES AND LOCAL GOVERNMENTS. (a) Purpose.--The Secretary of the Treasury (referred to in this section as the ``Secretary'') shall in accordance with this section make grants to States and local governments for the purpose of assisting grantees in making priority expenditures. (b) Priority Expenditures.--For purposes of this section, the term ``priority expenditures'' means only-- (1) ordinary and necessary maintenance and operating expenses for-- (A) primary, secondary, or higher education, including school building renovation; (B) public safety; (C) public health, including hospitals and public health laboratories; (D) social services for the disadvantaged or aged; (E) roads, transportation, and water infrastructure; and (F) housing; and (2) ordinary and necessary capital expenditures authorized by state law. (c) Allocation of Grants.-- (1) In general.--Not later than 30 days after the date of the enactment of this Act, the Secretary shall establish a formula for determining the allocation of grants under subsection (a). The formula shall give priority weight to the following factors: (A) The unemployment rate in relation to the national average unemployment rate. (B) The duration of the unemployment rate above such average. (C) The median income. (D) The population. (E) The poverty rate. (2) Local governments.--In making grants under subsection (a), the Secretary shall ensure that not less than one-third of the amount appropriated under subsection (f) is made available to local governments under the applicable laws of a given State. (d) Application for Grant.--A grant may be made under subsection (a) only if an applicant for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this section. (e) Authorization of Appropriation.--For the purpose of making grants under subsection (a), there is authorized to be appropriated to the Secretary for fiscal year 2007 an amount equal to at least the total amount appropriated for fiscal year 2006 in supplemental appropriation Acts, and other appropriation Acts, for the reconstruction of Iraq. Amounts appropriated under the preceding sentence shall be in addition to, and not in lieu of, other amounts appropriated for payments to States and local governments.

American Parity Act of 2005 - Directs the Secretary of the Treasury to make grants to states and local governments for assistance in making priority expenditures. Defines priority expenditures as ordinary and necessary maintenance and operating expenses for: (1) primary, secondary, or higher education; (2) public safety; (3) public health; (4) social services for the disadvantaged or aged; (5) roads, transportation, and water infrastructure; and (6) housing, as well as ordinary and necessary capital expenditures authorized by state law. Requires at least one third of grant amounts to be made available to local governments.

To require grants to State and local governments for infrastructure and social services needs in the same amount as the amount of relief and reconstruction funds provided to Iraq.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Marshals Service 225th Anniversary Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress hereby finds as follows: (1) The United States Marshals, the first Federal law enforcement officers in America, were established under section 27 of the Act of Congress entitled ``Chapter XX.--An Act to Establish the Judicial Courts of the United States'' and enacted on September 24, 1789 (commonly referred to as the ``Judiciary Act of September 24, 1789''), during the 1st Session of the 1st Congress, and signed into law by the 1st President of the United States, George Washington. (2) George Washington had carefully considered the appointments to the Judicial Branch long before the enactment of the Judiciary Act of September 24, 1789, and nominated the first 11 United States Marshals on September 24, and the remaining two Marshals on September 25, 1789. The Senate confirmed all 13 on September 26, 1789, 2 days after the Judiciary Act was signed into law. (3) In 1969, by order of the Department of Justice, the United States Marshals Service was created, and achieved Bureau status in 1974. The United States Marshals Service has had major significance in the history of the United States, and has directly contributed to the safety and preservation of this Nation, by serving as an instrument of civil authority used by all 3 branches of the United States Government. (4) One of the original 13 United States Marshals, Robert Forsyth of Georgia, a 40-year-old veteran of the Revolutionary War, was the first civilian official of the United States Government, and the first of many United States Marshals and deputies, to be killed in the line of duty when he was shot on January 11, 1794, while trying to serve civil process. (5) The United States Marshals Service Commemorative Coin will be the first commemorative coin to honor the United States Marshals Service. (6) The United States should pay tribute to the Nation's oldest Federal law enforcement agency, the United States Marshals Service, by minting and issuing commemorative coins, as provided in this Act. (7) A commemorative coin will bring national and international attention to the lasting legacy of this Nation's oldest Federal law enforcement agency. (8) The proceeds from a surcharge on the sale of such commemorative coins will assist the financing of national museums and charitable organizations. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--In commemoration of the 225th anniversary of the establishment of the United States Marshals Service, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 100,000 $5 gold coins, which shall-- (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins.--Not more than 500,000 $1 coins, which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent alloy. (3) Half dollar clad coins.--Not more than 750,000 half dollar coins, which shall-- (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half dollar coins contained in section 5112(b) of title 31 United States Code. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the 225 years of exemplary and unparalleled achievements of the United States Marshals Service. (2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of-- (i) the mint date ``2015''; and (ii) the years 1789 and 2014; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum'', and such other inscriptions as the Secretary may determine to be appropriate for the designs of the coins. (3) Coin images.-- (A) $5 gold coins.-- (i) Obverse.--The obverse of the $5 coins issued under this Act shall bear an image of the United States Marshals Service Star (also known as ``America's Star''). (ii) Reverse.--The reverse of the $5 coins issued under this Act shall bear a design emblematic of the sacrifice and service of the men and women of the United States Marshals Service who lost their lives in the line of duty and include the Marshals Service motto ``Justice, Integrity, Service''. (B) $1 silver coins.-- (i) Obverse.--The obverse of the $1 coins issued under this Act shall bear an image of the United States Marshals Service Star (also known as ``America's Star''). (ii) Reverse.--The reverse of the $1 silver coins issued under this Act shall bear an image emblematic of the United States Marshals legendary status in America's cultural landscape. The image should depict Marshals as the lawmen of our frontiers, including their geographic, political, or cultural history, and shall include the Marshals Service motto ``Justice, Integrity, Service''. (C) Half dollar clad coins.-- (i) Obverse.--The obverse of the half dollar clad coins issued under this Act shall bear an image emblematic of the United States Marshals Service and its history. (ii) Reverse.--The reverse of the half dollar clad coins issued under this Act shall bear an image consistent with the role that the United States Marshals played in a changing nation, as they were involved in some of the most pivotal social issues in American history. The image should show the ties that the Marshals have to the United States Constitution, with themes including-- (I) the Whiskey Rebellion and the rule of law; (II) slavery and the legacy of inequality; and (III) the struggle between labor and capital. (4) Realistic and historically accurate depictions.--The images for the designs of coins issued under this Act shall be selected on the basis of the realism and historical accuracy of the images and on the extent to which the images are reminiscent of the dramatic and beautiful artwork on coins of the so-called ``Golden Age of Coinage'' in the United States, at the beginning of the 20th Century, with the participation of such noted sculptors and medallic artists as James Earle Fraser, Augustus Saint-Gaudens, Victor David Brenner, Adolph A. Weinman, Charles E. Barber, and George T. Morgan. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary, after consultation with the Director of the United States Marshals Service and the Commission of Fine Arts; and (2) reviewed by the Citizens Coin Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in proof quality and uncirculated quality. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular combination of denomination and quality of the coins minted under this Act. (c) Commencement of Issuance.--The Secretary may issue coins, to the public, minted under this Act beginning on or after January 1, 2015, except for a limited number to be issued prior to such date to the Director of the United States Marshals Service and employees of the Service for display and presentation during the 225th Anniversary celebration. (d) Termination of Minting Authority.--No coins may be minted under this Act after December 31, 2015. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins minted under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 gold coin. (2) A surcharge of $10 per coin for the $1 silver coin. (3) A surcharge of $3 per coin for the half dollar coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, the Secretary shall promptly distribute all surcharges received from the sale of coins issued under this Act as follows: (1) The first $5,000,000 available for distribution under this section, to the U.S. Marshals Museum, Inc., also known as the United States Marshals Museum, for the preservation, maintenance, and display of artifacts and documents. (2) Of amounts available for distribution after the payment under paragraph (1)-- (A) One third shall be distributed to the National Center for Missing & Exploited Children, to be used for finding missing children and combating child sexual exploitation. (B) One third shall be distributed to the Federal Law Enforcement Officers Association Foundation, to be used-- (i) to provide financial assistance for-- (I) surviving family members of Federal law enforcement members killed in the line of duty; (II) Federal law enforcement members who have become disabled; and (III) Federal law enforcement employees and their families in select instances, such as severe trauma or financial loss, where no other source of assistance is available; (ii) to provide scholarships to students pursuing a career in the law enforcement field; and (iii) to provide selective grants to charitable organizations. (C) One third shall be distributed to the National Law Enforcement Officers Memorial Fund, to support the construction of the National Law Enforcement Museum and the preservation and display of its artifacts. (c) Audits.--All organizations, associations, and funds shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). (d) Limitation.--Notwithstanding subsection (a), no surcharge may be included with respect to this issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection. SEC. 8. FINANCIAL ASSURANCES. The Secretary shall take such actions as may be necessary to ensure that-- (1) minting and issuing coins under this Act will not result in any net cost to the United States Government; (2) no funds, including applicable surcharges, shall be disbursed to any recipient designated in section 7 until the total cost of designing and issuing all of the coins authorized by this Act (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping) is recovered by the United States Treasury, consistent with sections 5112(m) and 5134(f) of title 31, United States Code. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

United States Marshals Service 225th Anniversary Commemorative Coin Act - (Sec. 3) Directs the Secretary of the Treasury, in commemoration of the 225th anniversary of the establishment of the United States Marshals Service, to mint and issue $5 gold and $1 silver coins, and half-dollar clad coins emblematic of the 225 years of exemplary and unparalleled achievements of the U.S. Marshals Service. (Sec. 5) Permits: (1) only one facility of the United States Mint to be used to strike any particular combination of denomination and quality of the coins minted under this Act, and (2) the Secretary to issue coins to the public minted under this Act beginning on or after January 1, 2015. Prohibits such coins from being minted after December 31, 2015. (Sec. 7) Requires all such coin sales to include a surcharge of: (1) $35 per $5 coin, (2) $10 per $1 coin, and (3) $3 for the half-dollar coin. Requires distribution of the first $5 million to the U.S. Marshals Service National Museum for the preservation, maintenance, and display of artifacts and documents of the U.S. Marshals Service. Requires distribution of one-third of the remainder each to the National Center for Missing and Exploited Children to be used for finding missing children and combating child sexual exploitation, and the Federal Law Enforcement Officers Association Foundation (FLEOAF). Limits the use of such funds by FLEOAF to financial assistance for: (1) surviving family members of federal law enforcement members killed in the line of duty; (2) disabled federal law enforcement members; (3) federal law enforcement employees and their families in select instances, such as severe trauma or financial loss, where no other source of assistance is available; (4) scholarships to students pursuing a career in the law enforcement field; and (5) selective grants to charitable organizations. Requires distribution of one-third of the remainder to the National Law Enforcement Officers Memorial Fund to support construction of of the National Law Enforcement Museum. (Sec. 8) Directs the Secretary to take actions to ensure that: (1) minting and issuing such coins will not result in any net cost to the U.S. government, and (2) no funds will be disbursed to the recipients designated in this Act until the total cost of designing and issuing such coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping) is recovered by the Treasury.

To require the Secretary of the Treasury to mint coins in commemoration of the 225th anniversary of the establishment of the Nation's first Federal law enforcement agency, the United States Marshals Service.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Electronic Life Safety and Security Systems Federal Background Check Act of 2013''. SEC. 2. ELECTRONIC LIFE SAFETY AND SECURITY SYSTEMS FEDERAL BACKGROUND CHECKS. (a) Findings.--Congress finds the following: (1) The electronic life safety and security systems industry performs critical security installation and protection for much of the infrastructure in the United States and provides commercial buildings, public agencies and residences with alarm and security systems that are an important part of homeland security and anti-crime and terrorist prevention. (2) The electronic life safety and security systems industry includes central monitoring stations and individual employer-owned companies and other private sector businesses that install alarm and security systems in infrastructure of the United States. (3) Some States do not provide for any licensing or regulation requirement that includes a State or Federal background check on employees of the companies involved in the electronic life safety and security systems industry. (4) Many employees in the electronic life safety and security systems industry travel across State lines to install systems and may or may not be required to undergo Federal background checks as a condition of employment and in some cases there may be background check requirements at the State level or duplicated background checks at the county or city levels. (b) Definitions.--In this section: (1) Electronic life safety and security systems industry.-- The term ``electronic life safety and security systems industry'' means businesses that provide electronic life safety and security systems installation and central monitoring of fire and burglar alarm systems to public or private entities, including fire alarms, burglar alarms, smoke detection, closed- circuit TV, biometric systems, access control systems, personal emergency response systems, and other crime prevention systems. (2) Employee.--The term ``employee'' means an individual employed in the electronic life safety and security systems industry. (3) Prospective employee.--The term ``prospective employee'' means an individual seeking employment in the electronic life safety and security systems industry. (4) Covered entity.--The term ``covered entity'' means any employer in the electronic life safety and security systems industry. (c) Purpose.--The purpose of this section is to facilitate widespread access to State and national criminal history background checks, not otherwise authorized by Federal or State law, on employees and prospective employees in the electronic life safety and security systems industry. (d) Establishment of Background Check.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Attorney General shall establish a method to permit covered entities to request a fitness determination by a governmental entity based on State and Federal fingerprint-based criminal history background checks, in accordance with the information contained in records acquired under section 534 of title 28, United States Code. (2) Duties.--The Attorney General shall-- (A) inform covered entities about how to request background checks-- (i) for covered entities located in a State with a qualified State program, as determined by the Attorney General, by referring the covered entities to the State authorized agency; and (ii) for covered entities located in a State without a qualified State program, as determined by the Attorney General, by providing information on alternative methods of obtaining a background check; (B) complete a check of the national criminal history records system; (C) establish procedures for the secure receipt of criminal history records; (D) make determinations regarding whether the criminal history records received in response to a background check conducted under this section indicate, that the employee or prospective employee has a criminal history that may bear on the employee's or prospective employee's fitness for employment in the electronic life safety and security systems industry, based on whether the employee or prospective employee has, during the 10-year period before the background check is conducted, been convicted of or imprisoned for a felony or an offense involving dishonesty or false statement or the use of force against the person of another; and (E) convey to the covered entity requesting the background check, the fitness determination of the employee or prospective employee. (3) Provision of records to employees and prospective employees and opportunity to challenge or withdraw consent.-- (A) In general.--When the Attorney General makes a determination under paragraph (2) that an employee's or prospective employee's criminal history may bear on that employee's or prospective employee's fitness for employment, the Attorney General shall provide the employee or prospective employee with the criminal history records of the employee or prospective employee and a detailed notification of the rights of the employee or prospective employee under this paragraph. (B) Opportunity to challenge or withdraw consent.-- An employee or prospective employee described in subparagraph (A) may challenge the accuracy or completeness of any information in the criminal history record or to withdraw consent to participate in the fitness determination under procedures the Attorney General shall establish. (4) Fees.--The Attorney General shall collect from an employer requesting a fitness determination under this section a fee to offset the costs of carrying out the duties described in this section, including this subsection, in an amount equal to the sum of the actual cost of conducting the fitness determination and other criteria. (e) Privacy of Information.-- (1) Prohibition on unauthorized disclosure or use of criminal history records.--Except for an employee or prospective employee, any entity or individual authorized to receive or transmit fingerprints or criminal history records under this section-- (A) shall use the fingerprints, criminal history records, or information in the criminal history records only for the purposes specifically set forth in this section; and (B) shall maintain adequate security measures to ensure the confidentiality of the fingerprints, the criminal history records, and the information in the criminal history records. (2) Compliance.--The Attorney General shall issue regulations-- (A) to ensure the enforcement of the nondisclosure requirements under paragraph (1) and to provide for appropriate sanctions in the case of violations of the requirements; and (B) to ensure the non-retention of fingerprints and records obtained under this section by entities outside the Department of Justice for periods longer than those necessary to carry out the functions for which the records were obtained.

Electronic Life Safety and Security Systems Federal Background Check Act of 2013 - Directs the Attorney General to establish a method to permit employers in the electronic life safety and security systems industry to request a fitness determination based on state and federal fingerprint-based criminal history background checks. Requires the Attorney General to: inform such employers about how to request background checks; complete a check of the national criminal history records system; establish procedures for the secure receipt of criminal history records; make determinations regarding whether the criminal history records received in response to a background check indicate a criminal history that may bear on the employee's or prospective employee's fitness for employment in such industry based on whether that individual has, during the preceding 10 years, been convicted of or imprisoned for a felony or an offense involving dishonesty, false statement, or the use of force against another; convey such fitness determination to the employer requesting the background check; provide an affected employee or prospective employee his or her criminal history records and notification of the right to challenge the accuracy or completeness of such records or to withdraw consent to participate in the determination; collect fees from employers to offset fitness determination costs; and issue regulations to ensure the enforcement of nondisclosure requirements for criminal history records.

Electronic Life Safety and Security Systems Federal Background Check Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Patient Choice Act of 2012''. SEC. 2. PROVISIONAL APPROVAL FOR FAST TRACK PRODUCTS. (a) In General.--Section 506 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356(d)) is amended by adding at the end the following: ``(e) Provisional Approval.-- ``(1) Provisional approval for adequately safe fast track products.-- ``(A) In general.--Subject to the requirements of this subsection, if the Secretary determines that a drug that is designated as a fast track product under this section is adequately safe (as such term is defined in paragraph (2)), the Secretary shall grant provisional approval and the drug may be introduced into interstate commerce on or after the date such provisional approval is granted. ``(B) Treatment of provisional approval status.-- The provisional approval of a drug under subparagraph (A) shall be treated in the same manner as approval of a drug under section 505 or section 351 of the Public Health Service Act, except that such provisional approval shall be subject to the requirements of this section, including the following: ``(i) The requirements under paragraph (3), including requirements related to-- ``(I) informed consent; and ``(II) continued pursuit of safety and efficacy data for purposes of gaining approval for such drug under section 505 or section 351 of the Public Health Service Act. ``(ii) The rules under paragraphs (4) and (5) relating to the length of the termination of the provisional approval and withdrawal of a drug subject to provisional approval. ``(C) Request for provisional approval.-- ``(i) In general.--The sponsor of a drug that is designated as a fast track product under this section may request that the Secretary grant provisional approval for such drug under subparagraph (A). ``(ii) Response to request.--Not later than 90 days after receiving such a request, the Secretary shall either-- ``(I) grant provisional approval for the drug under subparagraph (A); or ``(II) provide notice to the sponsor of the drug that such request is denied. ``(2) Adequately safe defined.-- ``(A) In general.--For purposes of this subsection, with respect to a drug, the term `adequately safe' means that-- ``(i) for at least one population, the risk of death or morbidity caused directly by an adverse effect of the drug, as determined in one or more safety studies or through other data that the Secretary determines are sufficient, is unlikely to be greater than the combined direct and secondary risks of death or morbidity, as established in the literature or historical data, of-- ``(I) the disease that such drug is intended to treat; and ``(II) existing therapies (including infection) for such disease; or ``(ii) the drug has had a valid marketing authorization, for a period of at least 4 years, by an authority in a country described in section 802(b)(1)(A), or designated by the Secretary under section 802(b)(1)(B), and data adequate for the approval of such marketing authorization for such drug in such country have been submitted to the Secretary. ``(B) Limitation.--The Secretary may not impose any requirements for purposes of the safety studies or data under subparagraph (A)(i) that are in addition to, or different than, the requirements for studies to establish safety for purposes of Phase 1 or Phase 2, as such terms are described in subsection (a) and (b), respectively, of section 312.21 of title 21, Code of Federal Regulations. ``(3) Requirements.--Provisional approval of a fast track product under this subsection shall be subject to the following requirements: ``(A) Informed consent.-- ``(i) In general.--As a condition of provisional approval under paragraph (1), the sponsor of a drug shall ensure that, before such drug is dispensed to an individual-- ``(I) the individual shall be informed that the drug is subject to provisional approval based on limited safety data and that the efficacy of the drug has not been proven; ``(II) the individual shall be informed of the known risks of the drug and any unknown but reasonably predictable risks of the drug, including, as appropriate, potential risks of death, complications, or injury resulting from use of the drug, and risks related to the potential ineffectiveness of the drug, including progression of the disease that may result in death or morbidity, or the potential for the drug to accelerate or exacerbate the disease process; and ``(III) the individual provides written informed consent acknowledging that individual has been provided with and understands the information under subclauses (I) or (II). ``(ii) Regulations.--The Secretary shall issue regulations on the requirements for informed consent under clause (i). Such regulations shall be similar to the requirements for informed consent for human subjects under subpart B of part 50 of title 21, Code of Federal Regulations, adjusted as appropriate for purposes of this subsection. ``(B) Pursuit of full approval required.--A sponsor of a drug that receives a provisional approval under paragraph (1) shall continue to diligently conduct appropriate studies, after such provisional approval is granted, to-- ``(i) establish that the drug has an effect on a clinical endpoint or on a surrogate endpoint that is reasonably likely to predict clinical benefit; and ``(ii) collect the data necessary to demonstrate that the drug is safe and effective (or, in the case of a biologic, safe and potent) for purpose of obtaining approval for such drug under section 505(c) or section 351 of the Public Health Service Act. ``(C) Promotional materials.--During the period that provisional approval under paragraph (1) applies to a drug, the sponsor of the drug shall submit copies of all promotional materials related to the drug at least 30 days prior to dissemination of the materials. ``(D) Risk evaluation and mitigation strategy.-- ``(i) In general.--Section 505-1 shall apply to a drug subject to provisional approval under this subsection in the same manner that such section applies to a drug approved under section 505 or section 351 of the Public Health Service Act. ``(ii) Rule of construction.--Nothing in this subparagraph shall be construed to limit the Secretary's authority under section 505-1 to determine if a risk evaluation and mitigation strategy is necessary. ``(E) Indication of use.--The provisional approval under paragraph (1) shall only apply to the indication of use for the drug-- ``(i) which is related to the treatment of the condition with respect to which such drug was designated as a fast track product; and ``(ii) for which the drug is demonstrated to be adequately safe. ``(4) Termination of provisional approval.-- ``(A) In general.--In the case of a drug that is not designated under section 526, the provisional approval of the drug under paragraph (1) shall terminate on the earlier of the following: ``(i) The date that the drug is approved under section 505(c) or section 351 of the Public Health Service Act. ``(ii) At the end of the 5-year period beginning on the date on which provisional approval was granted for such drug, except-- ``(I) if the Secretary determines that the sponsor of the drug is diligently engaging in actions (including conducting clinical trials) for the purpose of seeking approval under section 505(c) or section 351 of the Public Health Service Act (excluding provisional approval under paragraph (1)) and the Secretary determines that the sponsor requires additional time to complete such actions and attain such approval, the Secretary may extend such period for an appropriate length of time to allow the sponsor to complete such actions and attain such approval; or ``(II) if the Secretary determines that the termination of the provisional approval is adverse to protecting or promoting the public health, the Secretary may extend such period for an appropriate length of time to protect or promote the public health. ``(B) Special rule for orphan drugs.--In the case of a drug designated under section 526, the provisional approval of the drug under paragraph (1) shall terminate on the date that the drug is approved under section 505(c) or section 351 of the Public Health Service Act. ``(C) Rule of construction.--For purposes of this paragraph, the phrase `approved under section 505(c) or section 351 of the Public Health Service Act' shall not be construed to include a provisional approval under paragraph (1). ``(5) Withdrawal.-- ``(A) In general.--Subsection (b)(3) shall apply to a drug subject to a provisional approval under this subsection in the same manner as such subsection applies to any fast track product. ``(B) Additional withdrawal authority.--In addition to subparagraph (A), the Secretary may withdraw approval of a fast track product using the expedited procedures applied under subsection (b)(3) if the requirements of paragraph (3)(A) have not been met with respect to the drug. ``(6) Impact on marketing exclusivity.--The rules related to marketing exclusivity under sections 505(c)(3)(E), 505(j)(5)(F), 505A, and 527 shall apply to a drug subject to provisional approval under this subsection in the same manner that such rules apply to drugs approved under section 505 or section 351 of the Public Health Service Act, except that the period of provisional approval under this subsection for a drug shall be an addition to the applicable period of marketing exclusivity for such drug.''. (b) Misbranding for Marketing of Terminated Drug.--Section 502 of the Federal Food, Drug, and Cosmetic Act is amended by adding at the end the following: ``(aa) If it is a drug that is introduced or delivered for introduction into interstate commerce after the date of the termination of the provisional approval for such drug under section 506(e), unless, on or before the date such drug is so introduced or delivered, such drug is approved under section 505(c) or section 351 of the Public Health Service Act.''. (c) Conforming Amendments.--The chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351) is further amended-- (1) in section 502(a), by inserting ``(or an indication subject to a provisional approval under section 506(e))'' after ``an indication approved under section 505 or under section 351(a) of the Public Health Service Act''; (2) in section 506A-- (A) in subsection (a), by inserting ``(or a provisional approval under section 506(e))'' after ``a license under section 351 of the Public Health Service Act''; and (B) by adding at the end the following: ``(e) Special Rule for Drugs Subject to Provisional Approval.--In the case of a drug subject to a provisional approval under section 506(e), any reference to safety and efficacy under this section shall be treated as a reference to adequate safety, as such term is defined for purposes of such section 506(e).''; (3) in section 506B(a), by adding at the end the following: ``(3) Special rule for provisional approval.--A sponsor of a drug that is subject to a provisional approval under section 506(e) shall submit the reports required under this section on the studies conducted on such drug that are described in section 506(e)(3)(B). For purposes of this section, such reports shall be treated as reports on postmarketing studies described in paragraph (1).''; (4) in section 506(a)(2), by inserting ``(or that is subject to a provisional approval under section 506(e))'' after ``505(j)''; and (5) in section 551(b)(1)(A) by inserting ``(or a provisional approval under section 506(e))'' after ``Public Health Service Act''.

Patient Choice Act of 2012 - Amends the Federal Food, Drug, and Cosmetic Act to authorize provisional approval of fast track products determined by the Secretary of Health and Human Services (HHS) to be adequately safe. Treats provisional approval in the same manner as approval of a drug, except that provisional approval is subject to requirements related to informed consent and continued pursuit of safety and efficacy data for purposes of gaining approval for the drug. Defines the term “adequately safe” to mean that: (1) for at least one population, the risk of death or morbidity caused directly by an adverse effect of the drug is unlikely to be greater than the combined direct and secondary risks of death or morbidity of the disease and existing therapies; or (2) the drug has had a valid marketing authorization for at least four years in specified countries and data adequate for the approval of such marketing authorization has been submitted to the Secretary. Prohibits the Secretary from imposing any requirements for safety studies or data in addition to, or different than, the requirements for studies to establish safety for purposes of Phase 1 (initial introduction of an investigational new drug into humans) or Phase 2 (controlled clinical studies to evaluate the effectiveness of the drug for a particular indication in patients with the disease or condition under study and to determine the common short-term side effects and risks associated with the drug). Applies the provisional approval only to the indication for the drug: (1) which is related to the treatment of the condition with respect to which the drug was designated as a fast track product, and (2) for which the drug is demonstrated to be adequately safety. Prescribes requirements for termination of provisional approval, withdrawal of such approval, and application of market exclusivity to fast-track approval products.

To amend chapter V of the Federal Food, Drug, and Cosmetic Act to permit provisional approval of fast track products.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Faster Action Safety Team Emergency Response Act of 2010''. SEC. 2. DEFINITIONS. In this Act: (1) Completion.--The term ``completion'' means the date on which the well involved is properly equipped for the production of oil or gas, goes into production or, if the well is dry, the date on which the well is abandoned. (2) Drilling.--The term ``drilling'' includes the drilling or redrilling of any well or the deepening or expansion of any existing well. (3) Exploration.--The term ``exploration'' means a drilling effort to obtain information relating to oil or gas extraction without the intent of immediate production. (4) Operator.--The term ``operator'' means any individual or entity that locates, drills, operates, alters, directs, controls, supervises, maintains, plugs, or abandons any well or reconditions any well with the purpose of production. (5) Production.--The term ``production'' means the retrieval of oil or gas from a well. (6) Response team.--The term ``response team'' means a team of individuals established by an operator in accordance with this Act, the members of which, at a minimum-- (A) are familiar with the operations and equipment of a well; (B) participate at least annually in response training at a minimum of 1 well that is operated by the operator and covered by the response team; (C) are trained in basic first aid and CPR training on an annual basis; and (D) will be available with respect to the well involved not later than 3 hours by ground travel time after requested. (7) Secretary.--The term ``Secretary'' means the Secretary of Labor. (8) Well.--The term ``well'' means a bore hole drilled or being drilled onshore for the purpose of, or to be used for, producing, extracting or injecting any gas, petroleum or other liquid related to oil or gas production or storage, including holes drilled or being drilled for exploration and excluding holes that have been plugged and abandoned. SEC. 3. RESPONSE TEAM REGULATIONS. (a) In General.--Not later than 18 months after the date of enactment of this Act, the Secretary shall promulgate regulations, in accordance with this section, relating to response teams. (b) Requirements.--Regulations promulgated under subsection (a) shall provide for the following: (1) Such regulations shall not be construed to waive operator training requirements applicable to existing response teams. (2) Such regulations shall require that the Occupational Safety and Health Administration establish, and update every 5 years thereafter, criteria to certify the qualifications of response teams. (3)(A) Such regulations shall require that the operator of a well-- (i) during the exploration or drilling phase, or before the completion phase-- (I) have an employee knowledgeable in responding to emergency situations that may arise at the well (as defined in regulations promulgated by the Secretary, in consultation with the Administrator of the Occupational Safety and Health Administration) who is employed and present at the well at all times; and (II) make available a certified response team; and (ii) make available a certified response team during the production phase (as defined in section 2(5)). (B) Such regulations shall ensure that the following options may be used by an operator to achieve compliance with the requirements of subparagraph (A) relating to the availability of a response team: (i) Making available a well response team. (ii) Making available a multi-employer composite response team that is made up of team members who are knowledgeable about the operations of the well and who train on an annual basis at the well-- (I) which provides coverage for multiple operators that have team members which include at least 2 active employees from each of such operators; (II) which provides coverage for multiple wells owned by the same operator; and (III) which is a State-sponsored response team that is composed of at least 2 active employees from each of the operators. (iii) Making available a commercial response team that is provided for through contract with a third- party vendor or a response team provided by another operator, if such team-- (I) trains on a quarterly basis at a minimum of 1 well operated by the operator who contracted for the services of the commercial response team; (II) is knowledgeable about the operations of the wells that are covered under the contract for services; and (III) is composed of individuals with a minimum of 1 year well experience that has occurred within the 5-year period preceding their employment on the contract response team. (iv) Making available a State-sponsored response team made up of State employees. (4) Such regulations shall require that an operator of a well-- (A) within 30 minutes of the commencement of an emergency situation, contact local first responders to inform them of the emergency situation; (B) within 1 hour of the commencement of an emergency situation, contact the Occupational Safety and Health Administration to inform such Administration of the emergency situation; (C) within 1 hour of the commencement of an emergency situation, contact the appropriate State environmental agency to inform such agency of the emergency situation; (D) within 1 hour of the commencement of an emergency situation, contact the National Response Center; and (E) provide communication technology, within a reasonable distance of the well (as defined in regulations promulgated by the Secretary, in consultation with the Administrator of the Occupational Safety and Health Administration), that enables the operator to comply with the regulations under this paragraph. (5) Such regulations shall require that an operator provide annual training to local first responders responsible for serving the area of each well operated by the operator, who may be required to respond to an emergency situation, on the hazards of a well and proper emergency response techniques. (6) Such regulations shall require that an operator file a report, on an annual basis, with the Occupational Safety and Health Administration, that provides detailed information on the response team assigned to each well of the operator and affirmatively states that the operator is in compliance with the Act and all regulations promulgated under this Act.

Faster Action Safety Team Emergency Response Act of 2010 - Directs the Secretary of Labor to promulgate regulations relating to response teams. Defines a "response team" as a team of individuals established by an operator on an onshore oil or gas well, who: (1) are familiar with the well operations and equipment; (2) participate in response training at least annually; (3) are trained in basic first aid and CPR; and (4) will be available with respect to the well involved by ground transportation not later than three hours after requested. Sets forth requirements for such regulations. Provides that such regulations shall: (1) not be construed to waive operator training requirements applicable to existing response teams; and (2) require the Occupational Safety and Health Administration (OSHA) to establish and update (every five years) criteria to certify the qualifications of response teams. Requires such regulations to: (1) require the operator of a well to have an employee knowledgeable in responding to emergency situations present at the well at all times during the exploration or drilling phase or before the completion phase and to make available a certified response team during such phases and the production phase; and (2) ensure to make available to such an operator to comply with such requirement a well response team, a multi-employer composite response team, a commercial response team provided through contract or by another operator, or a state-sponsored response team. Requires such regulations to require that a well operator: (1) contact local first responders within 30 minutes of the commencement of an emergency situation; (2) contact OSHA, the appropriate state environmental agency, and the National Response Center within one hour of such commencement; and (3) provide communication technology within a reasonable distance of the well that enables the operator to comply with regulations promulgated by the Secretary. Requires such regulations to require an operator to: (1) provide annual training to local first responders on well hazards and proper emergency response techniques; and (2) file a report annually with OSHA that provides detailed information on the response team assigned to each of the operator's wells and affirmatively states that the operator is in compliance with this Act.

A bill to provide for an expedited response to emergencies related to oil or gas production or storage.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom and Mobility in Consumer Banking Act''. SEC. 2. FEDERAL DEPOSIT INSURANCE ACT AMENDMENTS. The Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.) is amended by adding at the end the following new section: ``SEC. 51. RIGHT TO CLOSE PERSONAL CHECKING AND SAVINGS ACCOUNTS. ``(a) In General.--An insured depository institution may not-- ``(1) prohibit any person from closing a checking or savings account, regardless of whether the balance in the account is positive, zero, or negative; or ``(2) charge any fee to close any such account. ``(b) Time Limit.--An account at any insured depository institution shall be closed by the institution not later than 48 hours after receiving a request from the customer to close the account. ``(c) Methods of Requesting Closure of an Account.-- ``(1) In general.--Any accountholder of an account at an insured depository institution may request that the account be closed in person, over the phone, or by other electronic or remote means, as may be prescribed by regulation. ``(2) Exception for large accounts.--Notwithstanding paragraph (1), any insured depository institution may require an accountholder of an account which has an outstanding balance of $25,000 or more on deposit at the depository institution to close the account in person, to the extent the depository institution has provided written notice of such requirement to the account holder at any time prior to receiving a request from the accountholder to close the account. ``(d) Repayment of Balances.-- ``(1) In general.--Any balance in an account at an insured depository institution that is closed by the institution pursuant to a request by the accountholder shall repaid to the accountholder in accordance with the following requirements: ``(A) In person.--If the request is made in person, the total amount of funds on deposit in the account shall be paid to the accountholder at the time the request is made at the consumer's option and without a fee, by certified check provided to the consumer at the time of the request, by electronic fund transfer executed on that business day to an account designated by the consumer, or by any other means offered by the financial institution if requested by the consumer. ``(B) Request made by other means.--If the request is made over the phone, or by other electronic or remote means, the total amount of funds on deposit in the account shall promptly be remitted by the institution to the accountholder at the consumer's option and without a fee, by certified check issued on the business day on which the request is received, by electronic fund transfer executed on that business day to an account designated by the consumer, or by any other means offered by the financial institution if requested by the consumer. ``(2) Time limit.--In any case, the payment by an insured depository institution of the total amount of funds on deposit in an account at the institution which the accountholder has requested be closed shall be remitted to the accountholder before the end of the 3 business day period beginning when the accountholder submits such request. ``(e) Prohibition on Any Fees or Charges After Request To Close.-- No insured depository institution may impose any fees or charges on any deposit account at such institution after receiving a request in accordance with subsection (c) to close the account. ``(f) Prohibition on Reopening Account To Make Subsequent Payment.--No insured depository institution may reopen an account that the consumer has requested be closed in accordance with subsection (c) to apply subsequent debits, whether preauthorized or otherwise, or for any other reason, unless the consumer expressly requests that such account be reopened. ``(g) Notice of Subsequent Preauthorized Recurring Debits.--During the 30-day period beginning on the date an account at an insured depository institution is closed pursuant to a request by the accountholder, the insured depository institution shall promptly notify the customer if a preauthorized recurring debit is directed to the account. ``(h) Limitation on Reporting.-- ``(1) Negative balance resulting from fees.--If, at the time any account at an insured depository institution is closed, the account has a negative balance resulting solely from any fee assessed by the depository institution, the insured depository institution may not report the fact of the outstanding balance or any other adverse information with respect to such account to any consumer reporting agency described in section 603(f) of the Fair Credit Reporting Act if such information could be used to adversely affect the consumer's ability to open a transaction account at another depository institution. ``(2) Treatment of negative balance resulting from overdrafts.--If such information could be used to adversely affect the consumer's ability to open a transaction account at another depository institution, an insured depository institution shall not report to any consumer reporting agency (as defined in section 603 of the Fair Credit Reporting Act) that an account had a negative balance at the time of the closure of the account unless all of the following conditions are met: ``(A) Only if the negative balance is the result of funds actually paid by the depository institution to a third party. ``(B) Only for the amount it actually paid to the third party and not for any fees associated with the transaction. ``(C) Only to the extent the negative balance is the result of credit extended through an overdraft line of credit program where the fee or charge incurred in connection with the overdraft is considered a finance charge under the Truth In Lending Act. ``(3) Notice and opportunity for repayment of overdraft.-- If an account of an accountholder at an insured depository institution has a negative balance at the time the account is closed, the insured depository institution-- ``(A) shall promptly notify the accountholder of the fact of the negative balance and the amount due; and ``(B) may, after the end of the 30-day period beginning on the date notice is provided to an accountholder under subparagraph (A)-- ``(i) report the fact of the outstanding balance or any other adverse information with respect to such account to any consumer reporting agency, subject to the limitations in paragraph (2); and ``(ii) take any other collection activity with respect to such outstanding balance. ``(i) Transfer of Direct Deposit Received After Notice of Closure and Payment.--If-- ``(1) during the 30-day period beginning after any balance in an account at an insured depository institution that is closed by the institution pursuant to a request by the accountholder has been repaid to the accountholder, a previously scheduled amount intended for direct deposit into such account is received by such institution, and ``(2) before the time such amount is received, the consumer provides the insured depository institution with an account number and insured depository institution routing number for a successor transaction or savings account at another insured depository institution, the insured depository institution which receives such amount shall transfer such amount, without a fee and by electronic fund transfer, to the insured depository institution identified by the former accountholder for deposit in the transaction or savings account identified by such former accountholder. ``(j) Regulations.--The Federal banking agencies shall jointly prescribe regulations to carry out the purposes of this section.''.

Freedom and Mobility in Consumer Banking Act - Amends the Federal Deposit Insurance Act (FDIA) to prohibit an insured depository institution from: (1) prohibiting any person from closing a checking or savings account, regardless of its balance; or (2) charging a fee to close such an account. Requires a depository institution to close an account within 48 hours after receiving a request from the customer to do so. Permits an account holder to request that the account be closed in person, over the phone, or by other electronic or remote means, as may be prescribed by regulation. Sets forth financial institution procedures for closing large accounts and repaying balances, as well as notice and opportunity for accountholder repayment of overdrafts. Prohibits a depository institution from: (1) imposing fees or charges after receiving a request to close an account, or (2) reopening an account without express account holder request.

To amend the Federal Deposit Insurance Act to ensure that customers have the right to immediately close any account at any insured depository institutions on demand, without cost to the consumer, that consumers receive any balance in their account immediately, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veteran Voting Support Act of 2009''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Veterans have performed a great service to, and risked the greatest sacrifice in the name of, our country, and should be supported by the people and the Government of the United States. (2) Veterans are especially qualified to understand issues of war, foreign policy, and government support for veterans, and they should have the opportunity to voice that understanding through voting. (3) The Department of Veterans Affairs should assist veterans to register to vote and to vote. SEC. 3. VOTER REGISTRATION AND ASSISTANCE. (a) In General.--The Secretary of Veterans Affairs (in this section referred to as the ``Secretary'') shall provide a mail voter registration application form to each veteran-- (1) who seeks to enroll in the Department of Veterans Affairs health care system (including enrollment in a medical center, a community living center, a community-based outpatient center, or a domiciliary of the Department of Veterans Affairs health care system), at the time of such enrollment; and (2) who is enrolled in such health care system-- (A) at any time when there is a change in the enrollment status of the veteran; and (B) at any time when there is a change in the address of the veteran. (b) Providing Voter Registration Information and Assistance.--The Secretary shall provide to each veteran described in subsection (a) the same degree of information and assistance with voter registration as is provided by the Veterans Administration with regard to the completion of its own forms, unless the applicant refuses such assistance. (c) Transmittal of Voter Registration Application Forms.-- (1) In general.--The Secretary shall accept completed voter registration application forms for transmittal to the appropriate State election official. (2) Transmittal deadline.-- (A) In general.--Subject to subparagraph (B), a completed voter registration application form accepted at a medical center, community living center, community-based outpatient center, or domiciliary of the Department of Veterans Affairs shall be transmitted to the appropriate State election official not later than 10 days after the date of acceptance. (B) Exception.--If a completed voter registration application form is accepted within 5 days before the last day for registration to vote in an election, the application shall be transmitted to the appropriate State election official not later than 5 days after the date of acceptance. (d) Requirements of Voter Registration Information and Assistance.--The Secretary shall ensure that the information and assistance with voter registration that is provided under subsection (b) will not-- (1) seek to influence an applicant's political preference or party registration; (2) display any such political preference or party allegiance; (3) make any statement to an applicant or take any action the purpose or effect of which is to discourage the applicant from registering to vote; or (4) make any statement to an applicant or take any action the purpose or effect of which is to lead the applicant to believe that a decision to register or not register has any bearing on the availability of services or benefits. (e) Limitation on Use of Information.--No information relating to registering to vote, or a declination to register to vote, under this section may be used for any purpose other than voter registration. (f) Enforcement.-- (1) Notice.-- (A) Notice to the facility director or the secretary.--A person who is aggrieved by a violation of this section or section 4 may provide written notice of the violation to the Director of the facility of the Department of Veterans Affairs health care system involved or to the Secretary. The Director or the Secretary shall respond to a written notice provided under the preceding sentence within 20 days of receipt of such written notice. (B) Notice to the attorney general and the election assistance commission.--If the violation is not corrected within 90 days after receipt of a notice under subparagraph (A), the aggrieved person may provide written notice of the violation to the Attorney General and the Election Assistance Commission. (2) Attorney general.--The Attorney General may bring a civil action in an appropriate district court for such declaratory or injunctive relief as is necessary to carry out this section or section 4. SEC. 4. ASSISTANCE WITH ABSENTEE BALLOTS. (a) In General.--Consistent with State and local laws, each director of a community living center, a domiciliary, or a medical center of the Department of Veterans Affairs health care system shall provide assistance in voting by absentee ballot to veterans residing in the community living center or domiciliary or who are inpatients of the medical center, as the case may be. (b) Assistance Provided.--The assistance provided under subsection (a) shall include-- (1) providing information relating to the opportunity to request an absentee ballot; (2) making available absentee ballot applications upon request, as well as assisting in completing such applications and ballots; and (3) working with local election administration officials to ensure proper transmission of absentee ballot applications and absentee ballots. SEC. 5. INFORMATION PROVIDED BY NONPARTISAN ORGANIZATIONS. The Secretary of Veterans Affairs shall permit nonpartisan organizations to provide voter registration information and assistance at facilities of the Department of Veterans Affairs health care system, subject to reasonable time, place, and manner restrictions, including limiting activities to regular business hours and requiring advance notice. SEC. 6. ASSISTANCE PROVIDED BY ELECTION OFFICIALS AT DEPARTMENT OF VETERANS AFFAIRS FACILITIES. (a) Distribution of Information.-- (1) In general.--Subject to reasonable time, place, and manner restrictions, the Secretary of Veterans Affairs shall not prohibit any election administration official, whether State or local, party-affiliated or non-party affiliated, or elected or appointed, from providing voting information to veterans at any facility of the Department of Veterans Affairs. (2) Voting information.--In this subsection, the term ``voting information'' means nonpartisan information intended for the public about voting, including information about voter registration, voting systems, absentee balloting, polling locations, and other important resources for voters. (b) Voter Registration Services.--The Secretary of Veterans Affairs shall provide reasonable access to facilities of the Department of Veterans Affairs health care system to State and local election officials for the purpose of providing nonpartisan voter registration services to individuals, subject to reasonable time, place, and manner restrictions, including limiting activities to regular business hours and requiring advance notice. SEC. 7. ANNUAL REPORT ON COMPLIANCE. The Secretary of Veterans Affairs (in this section referred to as the ``Secretary'') shall submit to Congress an annual report on how the Secretary has complied with the requirements of this Act. Such report shall include the following information with respect to the preceding year: (1) The number of veterans who were served by facilities of the Department of Veterans Affairs health care system. (2) The number of such veterans who requested information on or assistance with voter registration. (3) The number of such veterans who received information on or assistance with voter registration. (4) Information with respect to written notices submitted under section 3(f), including information with respect to the resolution of the violations alleged in such written notices. SEC. 8. RULES OF CONSTRUCTION. (a) No Individual Benefit.--Nothing in this Act may be construed to convey a benefit to an individual veteran. (b) No Effect on Other Laws.--Nothing in this Act may be construed to authorize or require conduct prohibited under any of the following laws, or to supersede, restrict, or limit the application of such laws: (1) The Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.). (2) The Voting Accessibility for the Elderly and Handicapped Act (42 U.S.C. 1973ee et seq.). (3) The Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.). (4) The National Voter Registration Act of 1993 (42 U.S.C. 1973gg et seq.). (5) The Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). (6) The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.).

Veteran Voting Support Act of 2009 - Directs the Secretary of Veterans Affairs to provide mail voter registration application forms to each veteran who: (1) seeks to enroll in the Department of Veterans Affairs (VA) health care system at the time of such enrollment; and (2) is already enrolled in such system when there is a change in the veteran's enrollment status or when there is a change in the veteran's address. Requires the Secretary to accept completed application forms for transmittal to appropriate state election officials. Instructs that forms accepted at VA medical centers, community living centers, community-based outpatient centers, and domiciliaries be transmitted within ten days of acceptance, unless a completed form is accepted within five days before the last day for registration to vote in an election in which case the application shall be transmitted to the appropriate state election official within five days of acceptance. Prohibits any information relating to registering to vote or a declination to register to vote under this Act from being used for any purpose other than voter registration. Requires each Director of a VA community living center, domiciliary, or medical center to provide assistance in voting by absentee ballot to resident veterans. Requires such assistance to include: (1) providing information relating to the opportunity to request an absentee ballot; (2) making available absentee ballot applications upon request, as well as assisting in completing such applications and ballots; and (3) working with local election administration officials to ensure the proper transmission of the applications and ballots. Directs the Secretary to permit nonpartisan organizations to provide voter registration information and assistance at facilities of the VA health care system. Prohibits the Secretary from banning any election administration official, whether state or local, party-affiliated or non-party affiliated, or elected or appointed, from providing voting information to veterans at any VA facility. Directs the Secretary to provide reasonable access to facilities of the VA health care system to state and local election officials for the purpose of providing nonpartisan voter registration services to individuals.

A bill to require the Secretary of Veterans Affairs to permit facilities of the Department of Veterans Affairs to be designated as voter registration agencies, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Getting into Researching, Learning, & Studying of STEM Act of 2014'' or the ``GIRLS-STEM Act of 2014''. SEC. 2. GRANTS TO PREPARE FEMALES FOR THE 21ST CENTURY. (a) In General.--Title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7201 et seq.) is amended by adding at the end the following: ``PART E--PREPARING FEMALE STUDENTS FOR THE 21ST CENTURY ``SEC. 5701. PROGRAM AUTHORITY. ``(a) In General.--From funds provided under section 5702, the Secretary may provide grants to eligible local educational agencies to enable elementary schools and secondary schools served by the agencies to establish and implement a program to-- ``(1) encourage the ongoing interest of female students in careers requiring skills in science, mathematics, engineering, or technology at all levels of the career pathway, including at the technician level; and ``(2) prepare female students to pursue industry-recognized credentials, such as certificates, licenses, undergraduate, and graduate degrees, needed to pursue a career in the science, mathematics, engineering, or technology field. ``(b) Grant Awards.--A grant awarded under this part shall be awarded in 4 school year increments. ``(c) Application.-- ``(1) In general.--To be eligible to receive a grant, or enter into a contract or cooperative agreement, under this part an eligible local educational agency shall submit an application to the Secretary at such time and in such manner as the Secretary may require. ``(2) Contents.--The application shall contain, at a minimum, the following: ``(A) A program description, including the content of the program and the research and models used to design the program. ``(B) A description of the collaboration between elementary schools and secondary schools to fulfill goals of the program and how the eligible local educational agency will ensure that there is a comprehensive plan to improve science, mathematics, engineering, and technology education for female students in kindergarten through grade 12. ``(C) A description of the process for recruitment and selection of participants. ``(D) A description of the planned instructional and motivational activities. ``(E) A description of any collaboration among local, regional, or national institutions and organizations that will be necessary to fulfill the goals of the program. ``(3) Consideration.--In selecting an eligible local educational agency to receive a grant under this part, the Secretary shall consider the application of each eligible local educational agency that demonstrates that the agency will use the grant funds to carry out the activities described in subsection (d). ``(d) Use of Funds.--An eligible local educational agency shall use a grant received under this section to carry out the following: ``(1) Acquainting female students with careers requiring skills in science, mathematics, engineering, and technology, and preparing such students for pursuing careers in such areas, including careers in such areas at the technician level. ``(2) Educating the parents of female students about the opportunities and advantages of science, mathematics, engineering, and technology careers. ``(3) Providing tutoring and mentoring programs for female students in science, mathematics, engineering, and technology. ``(4) Establishing partnerships and other opportunities that expose female students to role models, events, academic programs, or career and technical education programs in the fields of science, mathematics, engineering, and technology. ``(5) Providing after-school activities designed to encourage interest, and develop skills of female students, in science, mathematics, engineering, and technology. ``(6) Carrying out summer programs designed to assist female students in-- ``(A) developing an interest and skills in; and ``(B) understanding the relevance and significance of, science, mathematics, engineering, and technology. ``(7) Purchasing educational instructional materials, equipment, and instrumentation or software designed to teach and encourage interest of female students in science, mathematics, engineering, and technology. ``(8) Providing academic and career counseling services and assistance in secondary school course selection that encourages female students to take courses that provide preparation for postsecondary education, and experiential learning opportunities (such as apprenticeships, mentorships, internships), in the areas of science, technology, engineering, and mathematics. ``(9) Facilitating internships in science, mathematics, engineering, or technology for female students. ``(10) Providing professional development for teachers and other school personnel that includes-- ``(A) topics on how to eliminate gender bias in the classroom; ``(B) topics on how to engage students in the face of gender-based peer pressure and parental expectations; and ``(C) increased instructional strategies and content knowledge of science, mathematics, engineering, and technology. ``(e) Supplement, Not Supplant.--The Secretary shall require each eligible local educational agency receiving a grant under this part to supplement, and not to supplant, any other assistance or funds made available from non-Federal sources for the activities assisted under this part. ``(f) Evaluations.--Each eligible local educational agency that receives a grant under this part shall provide the Secretary, at the conclusion of every school year during which the funds are received, with an evaluation assessing the improvements made in the areas described in subsection (a), in a form prescribed by the Secretary. ``(g) Eligible Local Educational Agency Defined.--For purposes of this part, the term `eligible local educational agency' means a local educational agency that serves underrepresented or low-income students. ``SEC. 5702. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this part $50,000,000 for fiscal year 2015 through 2019.''. (b) Conforming Amendment.--The table of contents for such Act (20 U.S.C. 6301 et seq.) is amended by adding at the end of the items relating to title V the following: ``Part E--Preparing Females for the 21st Century ``Sec. 5701. Program authority. ``Sec. 5702. Authorization of appropriations.''.

Getting into Researching, Learning, & Studying of STEM Act of 2014 or the GIRLS-STEM Act of 2014 - Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to award grants to local educational agencies that serve underrepresented or low-income students to enable their elementary and secondary schools to establish and implement programs that: encourage the ongoing interest of female students in careers requiring science, technology, engineering, or mathematics (STEM) skills at all levels of the career pathway; and prepare female students to pursue the industry-recognized credentials needed to pursue a STEM career. Requires the grants to be awarded in four-school-year increments. Requires the grants to be used to: acquaint female students with, and prepare them to pursue, STEM careers; educate the parents of such students about the opportunities and advantages of STEM careers; provide female students with STEM tutoring, mentoring, after-school activities, and summer programs; expose female students to STEM role models, events, academic programs, or career and technical education programs; purchase education materials, equipment, or software that facilitate STEM instruction; assist female students in selecting secondary school courses that provide them with preparation for postsecondary education and experiential learning opportunities in STEM; facilitate STEM internships for such students; and provide teachers with training that enables them to more effectively teach STEM and overcome gender biases that discourage female students' advancement in those fields.

GIRLS-STEM Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pakistan State Sponsor of Terrorism Designation Act of 2017''. SEC. 2. REPORT ON DESIGNATION OF PAKISTAN AS A STATE SPONSOR OF TERRORISM. (a) Findings.--Congress finds the following: (1) Following the September 11, 2001, terrorist attacks, al-Qaeda leaders and the Afghan Taliban fled Afghanistan to Pakistan and settled in the Federally Administered Tribal Areas (FATA). Joint Task Force Guantanamo threat assessments subsequently revealed that Pakistan's Inter-Services Intelligence (ISI) facilitated al-Qaeda's movement of fighters to and from Afghanistan as well as the terrorist organization's purchase of weapons. (2) The Government of Pakistan, and the ISI in particular, provide support and a safe haven to groups designated as foreign terrorist organizations pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189) by the United States Government. Then Chairman of the United States Joint Chiefs of Staff Admiral Mike Mullen testified in 2011 that ``the Haqqani Network . . . acts as a veritable arm of Pakistan's Inter-Services Intelligence agency. With ISI support, Haqqani operatives planned and conducted'' various attacks against United States personnel and interests in Afghanistan, including a 2011 attack on the United States Embassy in Kabul. (3) The founder and leader of al-Qaeda, Osama bin Laden, was found and killed in the Pakistani military town of Abbottabad in 2011. The Government of Pakistan subsequently condemned the raid that killed the terrorist leader and continues to imprison Dr. Shakil Afridi, the Pakistani doctor who played an instrumental role in identifying Osama bin Laden's hiding place. (4) A 2012 NATO report indicated that the Afghan Taliban is directly assisted by the Pakistani security services and noted that ``Pakistan's manipulation of the Taliban senior leadership continues [unabated]''. The report also suggested that Pakistan is aware of the locations of senior Taliban leaders, including one who maintained a residence in the immediate vicinity of the ISI headquarters in Islamabad. (5) The leader of the Afghan Taliban, Mullah Akhtar Mansour, was located in southwestern Pakistan at the time of his death by a United States drone strike on May 21, 2016. Pakistan's Baluchistan Province has long been a haven for the Afghan Taliban, and the group's top leadership is headquartered in the city of Quetta in Baluchistan Province. (6) The Department of State's 2016 Country Reports on Terrorism noted that Pakistan ``did not take substantial action against the Afghan Taliban or HQN (the Haqqani Network), or substantially limit their ability to threaten United States interests in Afghanistan''. The report also stated that ``Pakistan has not taken sufficient action against other externally-focused groups such as Laskar-e-Tayyiba (LeT) and Jaish-e-Mohammad (JeM), which continued to cooperate, train, organize, and fundraise in Pakistan''. Moreover, since passage of Carl Levin and Howard P. `Buck' McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113-291), the Secretary of Defense has been unable to certify that Pakistan has taken adequate action against the Haqqani Network in accordance with section 1222(f) of such Act. (7) Pakistan has not taken steps to demonstrate its commitment to prevent the Haqqani Network from using North Waziristan as a safe haven, nor has it shown progress in arresting and prosecuting Haqqani Network senior leaders and mid-level operatives. (b) Reports.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the President, acting through the Secretary of State and in consultation with the heads of other appropriate Federal departments and agencies, shall submit to the appropriate congressional committees a report that determines whether-- (A)(i) with respect to each of the acts described in paragraphs (1) through (7) of subsection (a), the Government of Pakistan, including any agents or instrumentalities of such Government, directly or indirectly, committed, conspired to commit, attempted, aided, or abetted any such act; or (ii) the Government of Pakistan, including any agents or instrumentalities of such Government, directly or indirectly, committed, conspired to commit, attempted, aided, or abetted any act not referred to in clause (i) that constitutes an act of or support for international terrorism; and (B) any such act referred to in subparagraph (A)(i) constitutes an act of or support for international terrorism. (2) Follow-up.--If the Secretary of State makes a determination in the affirmative with respect to subparagraph (B) of paragraph (1), the Secretary shall, not later than 30 days after making such determination, submit to the appropriate congressional committees a report that contains-- (A) a determination regarding whether the Government of Pakistan is a state sponsor of terrorism; or (B) a detailed justification as to why the conduct described in the report required under such paragraph (1) does not meet the legal criteria for a determination in the affirmative under subparagraph (A) of this paragraph. (c) Form.--The reports required by subsection (b) shall be submitted in unclassified form, but may include a classified annex, if appropriate. SEC. 3. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs of the House of Representatives; and (B) the Committee on Foreign Relations of the Senate. (2) State sponsor of terrorism.--The term ``state sponsor of terrorism'' means a country the government of which the Secretary of State has determined, for purposes of section 6(j) of the Export Administration Act of 1979 (50 U.S.C. 4605(j)) (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)), section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371), section 40 of the Arms Export Control Act (22 U.S.C. 2780), or any other provision of law, is a government that has repeatedly provided support for acts of international terrorism.

Pakistan State Sponsor of Terrorism Designation Act of 2017 This bill directs the Department of State to submit a determination regarding whether the government of Pakistan, including any of its agents or instrumentalities, committed, conspired to commit, attempted, aided, or abetted: (1) any of specified acts constituting an act of or support for international terrorism, or (2) any other act that constitutes an act of or support for international terrorism. Within 30 days after making such a determination in the affirmative, the State Department shall report to Congress: (1) a determination on whether Pakistan is a state sponsor of terrorism, or (2) a detailed justification as to why Pakistan's conduct does not meet the legal criteria for such designation.

Pakistan State Sponsor of Terrorism Designation Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ste. Genevieve National Historical Park Establishment Act''. SEC. 2. DEFINITIONS. In this Act: (1) Historic district.--The term ``Historic District'' means the Ste. Genevieve Historic District National Historic Landmark, as generally depicted on the Map. (2) Historical park.--The term ``Historical Park'' means the Ste. Genevieve National Historical Park established by section 3(a). (3) Map.--The term ``Map'' means the map entitled ``Ste. Genevieve National Historical Park Proposed Boundary'', numbered 571/132,626, and dated May 2016. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) Special resource study.--The term ``special resource study'' means the study entitled ``Ste. Genevieve Final Special Resources Study and Environmental Assessment, Missouri'' and dated May 2016. (6) State.--The term ``State'' means the State of Missouri. SEC. 3. ESTABLISHMENT OF THE STE. GENEVIEVE NATIONAL HISTORICAL PARK. (a) Establishment.-- (1) In general.--Subject to paragraph (2), there is established the Ste. Genevieve National Historical Park in the State as a unit of the National Park System to preserve, protect, and interpret for the benefit of present and future generations the themes of French settlement, vernacular architecture, and community form and farming on the frontier associated with Ste. Genevieve. (2) Conditions for establishment.--The Historical Park shall not be established until the date on which the Secretary determines that-- (A) sufficient land has been acquired for the Historical Park to constitute a manageable unit; and (B) the Secretary has entered into a written agreement providing that land owned by the State, the City of Ste. Genevieve, or other entity within the Historic District shall be managed consistent with the purposes of this Act. (b) Boundaries.--The boundaries of the Historical Park shall be the boundaries generally depicted on the Map. (c) Availability of Map.--The Map shall be on file and available for public inspection in the appropriate offices of the National Park Service. (d) Acquisition Authority.-- (1) In general.--The Secretary may acquire any land or interest in land located within the boundary of the Historical Park or any nationally significant property identified in the special resource study within the Historic District by-- (A) donation; (B) purchase with donated or appropriated funds; or (C) exchange. (2) Boundary revision.--On the acquisition of any property within the Historic District under paragraph (1), the Secretary shall revise the boundary of the Historical Park to include the property. (e) Administration.-- (1) In general.--The Secretary shall administer the Historical Park in accordance with-- (A) this Act; and (B) the laws generally applicable to units of the National Park System, including-- (i) section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of title 54, United States Code; and (ii) chapter 3201 of title 54, United States Code. (2) Management plan.-- (A) In general.--Not later than 3 years after the date on which funds are made available to prepare a general management plan for the Historical Park, the Secretary shall prepare the general management plan in accordance with section 100502 of title 54, United States Code. (B) Submission to congress.--On completion of the general management plan under subparagraph (A), the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate the general management plan. (3) Related sites.--The Secretary may provide interpretative tours and educational programs at related historic and cultural sites within the Historic District associated with the purposes for which the Historical Park is established. (f) Cooperative Agreements.-- (1) In general.--The Secretary may provide technical assistance and enter into cooperative agreements with the owner of a nationally significant property within the Historical Park or the Historic District, to identify, mark, interpret, improve, and restore the property. (2) Right of access.--A cooperative agreement entered into under paragraph (1) shall provide that the Secretary, acting through the Director of the National Park Service, shall have the right of access at all reasonable times to all public portions of the property covered by the agreement for the purposes of-- (A) conducting visitors through the property; and (B) interpreting the property for the public. (3) Cost-sharing requirement.-- (A) Federal share.--The Federal share of the total cost of any activity carried out under a cooperative agreement entered into under this subsection shall be not more than 50 percent. (B) Form of non-federal share.--The non-Federal share of an activity carried out under a cooperative agreement entered into under this subsection may be in the form of donated property, goods, or services fairly valued. (4) Changes or alterations.--No changes or alterations shall be made to any property or project covered by a cooperative agreement entered into under paragraph (1) unless the Secretary and the other party to the agreement agree to the changes or alterations. (5) Conversion, use, or disposal.--Any payment by the Secretary under this subsection shall be subject to an agreement that the conversion, use, or disposal of a property or project for purposes contrary to the purposes of this section, as determined by the Secretary, shall entitle the United States to reimbursement in any amount equal to the greater of-- (A) the amounts made available to the property or project by the United States; or (B) the portion of the increased value of the property or project attributable to the amounts made available under this subsection, as determined at the time of the conversion, use, or disposal. (g) Limited Role of the Secretary.--Nothing in this Act authorizes the Secretary to assume overall financial responsibility for the operation, maintenance, or management of the Historic District.

Ste. Genevieve National Historical Park Establishment Act This bill establishes the Ste. Genevieve National Historical Park in Missouri as a unit of the National Park System. The Department of the Interior may acquire by donation, purchase, or exchange any land or interest in land located within the park's boundary or any nationally significant property identified in the special resource study that is within the Ste. Genevieve Historic District National Historic Landmark.

Ste. Genevieve National Historical Park Establishment Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Taxpayer Protection and Contractor Integrity Act''. SEC. 2. PURPOSE. The purpose of this Act is to end support by the taxpayers of the United States of Federal Government contractors that violate the trust of such taxpayers through repeated civil judgments or criminal convictions for certain offenses. SEC. 3. FINDINGS. Congress finds the following: (1) Taxpayer dollars should not be used to support individuals or entities who repeatedly violate laws regarding Federal contracting and the trust of taxpayers, thus putting the integrity of future contracts at risk. (2) The Federal Acquisition Regulation already requires bidders on Federal contracts to disclose honestly the existence of indictments, charges, convictions, or civil judgments against such bidders. (3) The Federal Acquisition Regulation also requires contracting officers to make a determination regarding the responsibility of a potential contractor prior to awarding a contract to ensure that the potential contractor has a satisfactory record of integrity and business ethics and a satisfactory performance record. (4) Regardless of the number or seriousness of convictions or civil judgments against a potential contractor, however, the Federal Acquisition Regulation provides Federal agencies wide discretion in determining whether to initiate suspension or debarment procedures. There is currently no maximum number of convictions above which an entity or individual becomes ineligible for future contract awards. SEC. 4. EXPANDED DISCLOSURE REQUIREMENTS FOR BIDDERS ON FEDERAL CONTRACTS. A contracting officer for a Federal contract shall require any potential contractor who has disclosed the existence of an indictment, charge, conviction, or civil judgment under section 94.409(a) of the Federal Acquisition Regulation (or any successor provision) to submit information regarding the number of convictions or civil judgments entered against the potential contractor, the nature of the offenses, and whether any fines, penalties, or damages were assessed. SEC. 5. LIMITATION ON AWARD OF FUTURE CONTRACTS. (a) In General.--No Federal contract for the procurement of property or services may be awarded to any individual or entity against whom a total of three or more convictions or civil judgments have been entered after the date of the enactment of this Act for any of the following: (1) Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, State, or local government contract or subcontract.--- (2) Violation of a Federal or State antitrust statute relating to the submission of offers for Federal contracts. (3) Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property in connection with obtaining, attempting to obtain, or performing a Federal, State or local government contract or subcontract. (b) Applicability.--This section shall apply with respect to a contract awarded on or after the date of the enactment of this Act. (c) Length of Prohibition; Report.--The prohibition on the award of a contract under this section shall terminate after a period of three years beginning on the date that the most recent conviction or civil judgment has been entered against the potential contractor if-- (1) during such three-year period, the potential contractor demonstrates a satisfactory record of ethics and integrity by avoiding additional criminal convictions or civil judgments regarding the offenses described in subsection (a); (2) the potential contractor submits to the Director of the Office of Management and Budget a report on the steps that have been taken by the potential contractor (such as changes in company policy, personnel, or procedures) to prevent future violations; and (3) the Director certifies that the steps taken are satisfactory. (d) Additional Offenses.--If an individual or entity who has been prohibited from being awarded a Federal contract under subsection (a) has a conviction or civil judgment for an offense described in subsection (a) entered against the individual or entity after the termination of the three-year period described in subsection (c), such individual or entity shall be prohibited from being awarded a Federal contract for an additional three years. SEC. 6. PRESIDENTIAL WAIVER. (a) Authority.--The President may waive the application of section 5 if the President determines that-- (1) such a waiver is in the interests of national security; or (2) the need for the property or services to be acquired under the contract is of such an unusual and compelling urgency that the Federal Government would be seriously injured if the application of such section is not waived. (b) Waiting Period.--The President may not exercise the waiver authority of this section until 45 days after the date that the President submits to Congress in writing a justification for such waiver. SEC. 7. PAYMENT OF LEGAL COSTS. In any case in which the United States brings an action against an individual or entity for an offense described in section 5(a) and a verdict of guilty is rendered, the United States shall not be responsible for payment of legal costs of the individual or entity in connection with the action. SEC. 8. CONTRACTOR DEFINED. In this Act, the term ``contractor'' has the meaning given such term in section 9.403 of the Federal Acquisition Regulation, as in effect on the date of the enactment of this Act. SEC. 9. CONSTRUCTION. Nothing in this Act shall be construed as superseding the authority of a Federal contracting officer to make a determination of nonresponsibility regarding a potential contractor, or to initiate suspension and debarment procedures against an entity or individual against whom three or more convictions or civil judgments for the offenses described in section 5(a) have not been entered.

Prohibits the award of a Federal contract for the procurement of property or services to any individual or entity against whom three or more convictions or civil judgments have been entered after this Act's enactment for: (1) fraud or a criminal offense in connection with obtaining or performing a Federal, State, or local government contract or subcontract; (2) violation of a Federal or State antitrust statute relating to the submission of contract offers; or (3) embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property in connection with obtaining such a contract or subcontract. Terminates such prohibition three years after the most recent conviction or civil judgment, subject to specified requirements. Authorizes the President to waive such prohibition: (1) in the interests of national security; or (2) if the need for the property or services is of such an unusual and compelling urgency that the Federal Government would be seriously injured in the absence of a waiver.

Taxpaper Protection and Contractor Integrity Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sectoral Market Assessment for Regional Training Enhancement and Revitalization Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) More than \1/3\ of the Nation's current workforce lacks the basic skills necessary to succeed in today's labor market. (2) Globalization of the economy is leading to losses of jobs in key domestic industries, as well as challenges to competitiveness and productivity in other domestic industries. (3) To remain economically vital and competitive, the Nation must invest in generating jobs and train a workforce skilled enough to contribute productively to the United States economy. (4) Strategic planning that links workforce development and economic development, and the targeting of resources to industries that can build strong regional economies and create jobs with living wages for workers, need to be priorities for the workforce investment system. (5) States and local workforce investment boards can play lead roles in guiding a more strategic process for achieving economic growth through workforce development. SEC. 3. SKILLS GAP CAPACITY ENHANCEMENT GRANTS. Subtitle B of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq.) is amended-- (1) by redesignating section 137 as section 138; and (2) by inserting after section 136 the following: ``SEC. 137. SKILLS GAP CAPACITY ENHANCEMENT GRANTS. ``(a) Purposes.--The purposes of this section are-- ``(1) to assist States and local boards in better focusing funds provided under this subtitle on activities and programs that address labor shortages and meet the emerging demand for skills in high-quality jobs in area industries; ``(2) to enhance the efficiency of the one-stop delivery systems and providers of training services; ``(3) to establish and improve partnerships between local boards, industry sectors, economic development agencies, providers of training services (including secondary schools, postsecondary educational institutions, community-based organizations, business associations, and providers of joint labor-management programs), providers of supportive services, and other related public and private entities; ``(4) to strengthen integration of workforce development strategies and economic development strategies in States, local areas, and labor markets; ``(5) to retain vital industries in the local areas and regions involved, avoid dislocation of workers, and strengthen the competitiveness of key industries; and ``(6) to encourage the development of career ladders and advancement efforts in local industries. ``(b) Definitions.--In this section: ``(1) Consortium.--The term `consortium' means a consortium of local boards, established as described in subsection (d)(3). ``(2) Region.--The term `region' means 2 or more local areas that comprise a common labor market for an industry sector or group of related occupations. ``(3) Training services.--The term `training services' means services described in section 134(d)(4). ``(c) Grants to States.-- ``(1) In general.--The Secretary shall make grants to States, to enable the States to assist local boards and consortia in carrying out the activities described in subsection (e). ``(2) Formula.-- ``(A) In general.--The Secretary shall make the grants in accordance with the formula used to make grants to States under section 132(b)(1)(B) (other than clause (iv)), subject to subparagraph (B). ``(B) Small state minimum allotment.--The Secretary shall ensure that no State shall receive an allotment under this paragraph for a fiscal year that is less than \1/2\ of 1 percent of the funds made available to carry out this section for that fiscal year. ``(d) Grants to Local Boards.-- ``(1) In general.--A State that receives a grant under subsection (c)-- ``(A) shall use the funds made available through the grant to make grants to local boards and consortia to carry out the activities described in subsection (e); and ``(B) may use not more than 15 percent of the funds made available through the grant, at the election of the State, to prepare strategic sectoral skills gap assessments, as described in subsection (e)(2), in the local areas or regions involved, or to provide technical assistance to local boards, consortia, or partnerships described in subsection (e)(3). ``(2) Consideration.--In making the grants, the State may take into account the size of the workforce in each local area or region. ``(3) Consortia.--States shall encourage local boards to aggregate, to the maximum extent practicable, into consortia representing regions, for purposes of carrying out activities described in subsection (e). Nothing in this paragraph shall be construed to require local boards to aggregate into such consortia. ``(4) Applications.--To be eligible to receive a grant under this section, a local board or consortium shall submit an application to the State, at such time and in such manner as the State may require, containing-- ``(A) information identifying the members of the partnership described in subsection (e)(3) that will carry out the activities described in subsection (e); and ``(B) an assurance that the board or consortium will use, or ensure that the partnership uses, the funds to carry out the activities described in subsection (e). ``(e) Use of Funds.-- ``(1) In general.--A local board or consortium that receives a grant under this section-- ``(A) shall ensure that the partnership described in paragraph (3) uses the funds made available through the grant to-- ``(i) prepare a strategic sectoral skills gap assessment, as described in paragraph (2), unless the State elects to prepare the assessment; ``(ii) develop a strategic skills gap action plan, as described in paragraph (4); and ``(iii) provide strategic training capacity enhancement seed grants to providers of training services specified in subsection (a)(3), one-stop operators, and other appropriate intermediaries, as described in paragraph (5); and ``(B) may use funds made available through the grant to ensure that activities carried out under this subtitle are carried out in accordance with the strategic skills gap action plan. ``(2) Strategic sectoral skills gap assessment.-- ``(A) In general.--Except as provided in subparagraph (E), the local board or consortium (or, at the election of the State, that State) shall prepare a strategic sectoral skills gap assessment, which shall-- ``(i) identify areas of current and expected demand for labor and skills in a specific industry sector or group of related occupations that is-- ``(I) producing high-quality jobs in the local area or region involved; ``(II) developing emerging jobs in that area or region; or ``(III) suffering chronic worker shortages; ``(ii) identify the current and expected supply of labor and skills in that sector or group in the local area or region; and ``(iii) identify gaps between the current and expected demand and supply of labor and skills in that sector or group in the local area or region. ``(B) Specific contents.--The assessment shall contain data regarding-- ``(i)(I) specific high-quality employment opportunities offered by industries in the local area or region; and ``(II) specific skills desired for such opportunities; ``(ii)(I) occupations and positions in the local area or region that are difficult to fill; and ``(II) specific skills desired for such occupations and positions; ``(iii)(I) areas of growth and decline among industries and occupations in the local area or region; and ``(II) specific skills desired for such growth areas; and ``(iv) specific inventories of skills of unemployed or underemployed individuals in the local area or region. ``(C) Information.--The assessment shall contain current (as of the date of preparation of the assessment) information including specific information from multiple employers in the sector or group described in subparagraph (A)(i), labor organizations, and others connected to the businesses and workers in that sector or group, to illuminate local needs of both employers and workers. To the maximum extent possible, the information shall be regularly updated information. ``(D) Survey.--The assessment shall contain the results of a survey or focus group interviews of employers and labor organizations and other relevant individuals and organizations in the local area or region. ``(E) Exception.-- ``(i) State.--A State shall not be required to use the funds made available through a grant received under this section, to prepare an assessment described in this paragraph. ``(ii) Local board or consortium.--A local board or consortium shall not be required to use the funds made available through a grant received under this section, to prepare an assessment described in this paragraph, if the local board or consortium demonstrates that, within the 2 years prior to receiving the grant, an assessment that meets the requirements of this paragraph has been prepared for the local area or region involved. ``(3) Skills partnership.--In carrying out this section, local boards and consortia shall enter into partnerships that include-- ``(A) representatives of the local boards for the local area or region involved; ``(B) representatives of multiple employers for a specific industry sector or group of related occupations, and related sectors or occupations, identified through the assessment described in paragraph (2) as having identified gaps between the current and expected demand and supply of labor and skills in the industry sector or group of related occupations in the local area or region involved; ``(C) representatives of economic development agencies for the local area or region; ``(D) representatives of providers of training services described in subsection (a)(3) in the local area or region; ``(E) representatives nominated by State labor federations or local labor federations; and ``(F) other entities that can provide needed supportive services tailored to the needs of workers in the sector or group. ``(4) Strategic skills gap action plan.--The partnership shall develop a strategic skills gap action plan, based on the assessment, that-- ``(A)(i) identifies specific barriers to adequate supply of labor and skills in demand in a specific industry sector or group of related occupations that is producing high-quality jobs in the local area or region involved; and ``(ii) identifies activities (which may include the provision of needed supportive services) that will remove or alleviate the barriers described in clause (i) that could be undertaken by one-stop operators and providers of training services described in subsection (a)(3); ``(B) specifies how the local board (or consortium) and economic development agencies in the partnership will integrate the board's or consortium's workforce development strategies with local or regional economic development strategies in that sector or group; and ``(C) identifies resources and strategies that will be used in the local area or region to address the skill gaps for both unemployed and incumbent workers in that sector or group. ``(5) Strategic training capacity enhancement seed grants.-- ``(A) In general.--The local board or consortium, after consultation with the partnership, shall make grants to providers of training services described in subsection (a)(3), one-stop operators, and other appropriate intermediaries to pay for the Federal share of the cost of-- ``(i) developing curricula to meet needs identified in the assessment described in paragraph (2) and to overcome barriers identified in the plan described in paragraph (4); ``(ii) modifying the programs of training services offered by the providers in order to meet those needs and overcome those barriers; ``(iii) operating pilot training efforts that demonstrate new curricula, or modifications to curricula, described in clause (i); ``(iv) expanding capacity of providers of training services in sectors or groups described in paragraph (2)(A)(i); ``(v) reorganizing service delivery systems to better serve the needs of employers and workers in the sectors or groups; or ``(vi) developing business services to ensure retention and greater competitiveness of the sectors or groups. ``(B) Federal share.-- ``(i) In general.--The Federal share of the cost described in subparagraph (A) shall be 75 percent. ``(ii) Non-federal share.--The non-Federal share of the cost may be provided in cash or in kind, fairly evaluated, including plant, equipment, or services.''. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. Section 138 of the Workforce Investment Act of 1998 (29 U.S.C. 2872), as redesignated by section 3(1), is amended by adding at the end the following: ``(d) Skills Gap Capacity Enhancement Grants.--In addition to any amounts authorized to be appropriated under subsection (a), (b), or (c), there are authorized to be appropriated to carry out section 137 such sums as may be necessary for fiscal years 2006 through 2009.''. SEC. 5. CONFORMING AMENDMENTS. (a) Table of Contents.--The table of contents in section 1(b) of the Workforce Investment Act of 1998 is amended by striking the item relating to section 137 and inserting the following: ``Sec. 137. Skills gap capacity enhancement grants. ``Sec. 138. Authorization of appropriations.''. (b) References to Authorization of Appropriations.-- (1) Youth activities.--Subsections (a) and (b)(1) of section 127 of the Workforce Investment Act of 1998 (29 U.S.C. 2852) are amended by striking ``section 137(a)'' each place it appears and inserting ``section 138(a)''. (2) Adult employment and training activities.--Section 132(a)(1) of the Workforce Investment Act of 1998 (29 U.S.C. 2862(a)(1)) is amended by striking ``section 137(b)'' and inserting ``section 138(b)''. (3) Dislocated worker employment and training activities.-- Subsections (a)(2) and (b)(2)(A)(i) of section 132 of the Workforce Investment Act of 1998 (29 U.S.C. 2862) are amended by striking ``section 137(c)'' each place it appears and inserting ``section 138(c)''.

Sectoral Market Assessment for Regional Training Enhancement and Revitalization Act - Amends the Workforce Investment Act of 1998 to direct the Secretary of Labor to make skills gap capacity grants to states to assist local boards and regional consortia, through certain partnerships, to make: (1) strategic sectoral skills gap assessments; (2) strategic skills gap action plans; and (3) strategic training capacity enhancement seed grants to providers of training services.

A bill to amend the Workforce Investment Act of 1998 to provide for strategic sectoral skills gap assessments, strategic skills gap action plans, and strategic training capacity enhancement seed grants, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Satellite Access to Local Stations Act''. SEC. 2. LIMITATIONS ON EXCLUSIVE RIGHTS; SECONDARY TRANSMISSIONS BY SATELLITE CARRIERS WITHIN LOCAL MARKETS. (a) In General.--Chapter 1 of title 17, United States Code, is amended by adding after section 121 the following new section: ``Sec. 122. Limitations on exclusive rights; secondary transmissions by satellite carriers within local markets ``(a) Secondary Transmissions of Television Broadcast Stations by Satellite Carriers.--A secondary transmission of a primary transmission of a television broadcast station into the station's local market shall be subject to statutory licensing under this section if-- ``(1) the secondary transmission is made by a satellite carrier to the public; ``(2) the secondary transmission is permissible under the rules, regulations, or authorizations of the Federal Communications Commission; and ``(3) the satellite carrier makes a direct or indirect charge for the secondary transmission to-- ``(A) each subscriber receiving the secondary transmission; or ``(B) a distributor that has contracted with the satellite carrier for direct or indirect delivery of the secondary transmission to the public. ``(b) Reporting Requirements.--A satellite carrier whose secondary transmissions are subject to statutory licensing under subsection (a) shall, on a semiannual basis, submit to the Register of Copyrights, in accordance with requirements that the Register shall prescribe by regulation, a statement of account, covering the preceding 6-month period, specifying-- ``(1) the names and locations of all television broadcast stations whose signals were secondarily transmitted within the local markets of those stations at any time during that period; and ``(2) the total number of, and addresses provided by, all subscribers receiving those secondary transmissions. ``(c) No Royalty Fee Required.--A satellite carrier whose secondary transmissions are subject to statutory licensing under subsection (a) shall have no royalty obligation for such secondary transmissions. ``(d) Noncompliance With Reporting Requirements.--Notwithstanding subsection (a), the willful or repeated secondary transmission to the public by a satellite carrier of a television broadcast station and embodying a performance or display of a work is actionable as an act of infringement under section 501, and is fully subject to the remedies provided under sections 502 through 506 and 509, if the satellite carrier has not submitted the statement of account required under subsection (b). ``(e) Definitions.--As used in this section-- ``(1) Distributor.--The term `distributor' means an entity that contracts to distribute secondary transmissions from a satellite carrier and, either as a single channel or in a package with other programming, provides the secondary transmission either directly to subscribers or indirectly through other program distribution entities. ``(2) Local market.--The `local market' of a television broadcast station has the meaning given that term in section 337(g) of the Communications Act of 1934. ``(3) Television broadcast station.--The term `television broadcast station' means an over-the-air, commercial, or noncommercial television broadcast station licensed by the Federal Communications Commission under subpart E of part 73 of title 47, Code of Federal Regulations. ``(4) Subscriber.--The term `subscriber' means a person or entity that receives a secondary transmission service by means of a secondary transmission from a satellite and pays a fee for the service, directly or indirectly, to the satellite carrier or to a distributor. ``(5) Other terms.--The terms `satellite carrier' and `secondary transmission' have the meanings given such terms under section 119(d).''. (b) Technical and Conforming Amendments.--The table of sections for chapter 1 of title 17, United States Code, is amended by adding after the item relating to section 121 the following: ``122. Limitations on exclusive rights; secondary transmissions by satellite carriers within local markets.''. SEC. 3. RETRANSMISSION CONSENT. Section 325(b) of the Communications Act of 1934 (47 U.S.C. 325(b)) is amended-- (1) by striking ``(b)(1)'' and all that follows through the end of paragraph (1) and inserting the following: ``(b)(1) No cable system or other multichannel video programming distributor shall retransmit the signal of a broadcasting station, or any part thereof, except-- ``(A) with the express authority of the station; ``(B) pursuant to section 614, in the case of a station electing, in accordance with this subsection, to assert the right to carriage under such section; or ``(C) pursuant to section 337, in the case of a station electing, in accordance with this subsection, to assert the right to carriage under such section.''; and (3) in paragraph (3), by adding at the end the following: ``(C) Within 45 days after the effective date of the Satellite Access to Local Stations Act, the Commission shall commence a rulemaking proceeding to revise the regulations governing the exercise by television broadcast stations of the right to grant retransmission consent under this subsection. Such regulations shall establish election time periods that correspond with those regulations adopted under subparagraph (B). The rulemaking shall be completed within 180 days after the effective date of the Satellite Access to Local Stations Act.''. SEC. 4. MUST-CARRY FOR SATELLITE CARRIERS RETRANSMITTING TELEVISION BROADCAST SIGNALS. Title III of the Communications Act of 1934 is amended by inserting after section 336 the following new section: ``SEC. 337. CARRIAGE OF LOCAL TELEVISION SIGNALS BY SATELLITE CARRIERS. ``(a) Carriage Obligations.--Each satellite carrier providing secondary transmissions of a television broadcast station to subscribers located within the local market of such station shall offer to carry all television broadcast stations located within that local market, subject to section 325(b), except that the carriage obligations of this section shall not apply to satellite carriers that do not retransmit the signals of broadcast television stations pursuant to the statutory license under section 122 of title 17, United States Code. Carriage of additional television broadcast stations within the local market shall be at the discretion of the satellite carrier, subject to section 325(b). ``(b) Duplication Not Required.--Notwithstanding subsection (a), a satellite carrier shall not be required to offer to carry the signal of any local television broadcast station that substantially duplicates the signal of another local television broadcast station which is secondarily transmitted by the satellite carrier, or to offer to carry the signals of more that one local television broadcast station affiliated with a particular broadcast network (as the term is defined by regulation). ``(c) Carriage of All Local Television Stations on Contiguous Channels.--All local television broadcast stations retransmitted by a satellite carrier to subscribers in the stations' local markets shall be made available to subscribers in their local markets on contiguous channels and in a nondiscriminatory manner on any navigational device, on-screen program guide, or menu. ``(d) Compensation for Carriage.--A satellite carrier shall not accept or request monetary payment or other valuable consideration in exchange either for carriage of local television broadcast stations in accordance with the requirements of this section or for channel positioning rights provided to such stations under this section, except that any such station may be required to bear the costs associated with delivering a good quality signal to the principal headend of the satellite carrier. No station carried in accordance with the requirements of this section shall be required to bear the costs of delivering a good quality signal to a location other than the principal headend of the satellite carrier. ``(e) Remedies.-- ``(1) Complaints by broadcast stations.--Whenever a local television broadcast station believes that a satellite carrier has failed to meet its obligations under this section, such station shall notify the carrier, in writing, of the alleged failure and identify its reasons for believing that the satellite carrier is obligated to offer to carry the signal of such station or has otherwise failed to comply with other requirements of this section. The satellite carrier shall, within 30 days after such written notification, respond in writing to such notification and either begin carrying the signal of such station in accordance with the terms requested or state its reasons for believing that it is not obligated to carry such signal or is in compliance with other requirements of this section. A local television broadcast station that is denied carriage in accordance with this section by a satellite carrier may obtain review of such denial by filing a complaint with the Commission. Such complaint shall allege the manner in which such satellite carrier has failed to meet its obligations and the basis for such allegations. A failure by a satellite carrier to carry a local television broadcast station within its local market if there has been a change in that station's local market, or to carry a local broadcast television station that is significantly viewed outside its local market due to technical limitations of that satellite carrier's existing facilities, shall not constitute a failure by the satellite carrier to comply with its obligations under this section. ``(2) Opportunity to respond.--The Commission shall afford such satellite carrier an opportunity to present data and arguments to establish that there has been no failure to meet its obligations under this section. ``(3) Remedial actions; dismissal.--Within 120 days after the date a complaint is filed, the Commission shall determine whether the satellite carrier has met its obligations under this section. If the Commission determines that the satellite carrier has failed to meet such obligations, the Commission shall order the satellite carrier, in the case of an obligation to carry a station, to begin carriage of the station and to continue such carriage for at least 12 months. If the Commission determines that the satellite carrier has fully met the requirements of this section, it shall dismiss the complaint. ``(f) Regulations by Commission.--Within 180 days after the effective date of this section, the Commission shall, following a rulemaking proceeding, issue regulations implementing the requirements imposed by this section. ``(g) Definitions.--As used in this section: ``(1) Television broadcast station.--The term `television broadcast station' means a full-power television broadcast station, and does not include a low-power or translator television broadcast station. ``(2) Local market.--The term `local market' means the designated market area in which a station is located and-- ``(A) for a commercial television broadcast station located in any of the 150 largest designated market areas, all commercial television broadcast stations licensed to a community within the same designated market area are within the same local market; ``(B) for a commercial television broadcast station that is located in a designated market area that is not one of the 150 largest, the local market includes all commercial television broadcast stations licensed to a community within the same designated market area, and may also include any station that is significantly viewed, as such term is defined in section 76.54 of the title 47, Code of Federal Regulations; and ``(C) for a noncommercial educational television broadcast station, the local market includes any station that is licensed to a community within the same designated market area as the noncommercial educational television broadcast station. ``(3) Designated market area.--The term `designated market area' means a designated market area, as determined by the Nielsen Media Research and published in the DMA Market and Demographic Report. ``(4) Principal headend of the satellite carrier.--The term `principal headend of the satellite carrier' means the reception point in the local market of a broadcast television station or in a market contiguous to the local market of a broadcast television station at which the satellite carrier initially receives the signal of the station for purposes of transmission of such signals to the facility which uplinks the signals to the carrier's satellites for secondary transmission to the satellite carrier's subscribers. ``(5) Secondary transmission.--The term `secondary transmission' has the meaning given that term in section 119(d) of title 17, United States Code.''. SEC. 5. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect on January 1, 1999.

Satellite Access to Local Stations Act - Amends Federal copyright law to cite circumstances under which the secondary transmission by a satellite carrier of a primary transmission of a television broadcast station into the station's local market shall be subject to statutory licensing. Sets forth reporting requirements for a satellite carrier whose secondary transmissions are subject to such licensing requirements. Precludes any royalty obligation for such secondary transmissions. States that noncompliance with such reporting requirements by a satellite carrier of a television broadcast station is actionable as an act of infringement and fully subject to copyright remedies. Amends the Communications Act of 1934 regarding the retransmission of broadcasting station signals. Prohibits cable systems and other multichannel video programming distributors from retransmitting a broadcasting station's signal without the station's express consent. Directs the Federal Communications Commission to commence a rulemaking proceeding to revise regulations governing the exercise by television broadcast stations of the right to grant retransmission consent. Prescribes requirements for the carriage of local television signals by satellite carriers, including: (1) carriage obligations; (2) carriage of all local television stations on contiguous channels and in a nondiscriminatory manner on any navigational device, on-screen guide, or menu; (3) compensation for carriage; and (4) remedies for failure to meet obligations.

Satellite Access to Local Stations Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tax Equity for Health Plan Beneficiaries Act of 2007''. SEC. 2. APPLICATION OF ACCIDENT AND HEALTH PLANS TO ELIGIBLE BENEFICIARIES. (a) Exclusion of Contributions.--Section 106 of the Internal Revenue Code of 1986 (relating to contributions by employer to accident and health plans) is amended by adding at the end the following new subsection: ``(f) Coverage Provided for Eligible Beneficiaries of Employees.-- ``(1) In general.--Subsection (a) shall apply with respect to an eligible beneficiary and any qualifying child who is a dependent of the eligible beneficiary. ``(2) Qualifying child; dependent.--For purposes of this subsection-- ``(A) Qualifying child.--The term `qualifying child' has the meaning given such term by section 152(c). ``(B) Dependent.--The term `dependent' has the meaning given such term by section 105(b).''. (b) Exclusion of Amounts Expended for Medical Care.--The first sentence of section 105(b) of such Code (relating to amounts expended for medical care) is amended by inserting before the period the following: ``and eligible beneficiary and the qualifying children of the eligible beneficiary (within the meaning of section 106(f)) with respect to the taxpayer''. (c) Payroll Taxes.-- (1) Section 3121(a)(2) of such Code is amended-- (A) by inserting ``, or his eligible beneficiary or any qualifying children of the eligible beneficiary,'' after ``his dependents'' both places it appears, (B) by inserting ``, and eligible beneficiaries and qualifying children of eligible beneficiaries (within the meaning of section 106(f)),'' after ``their dependents'' the first place it appears, and (C) by inserting ``, eligible beneficiaries, and qualifying children of eligible beneficiaries'' after ``their dependents'' the second place it appears. (2) Section 3231(e)(1) of such Code is amended-- (A) by inserting ``, or his eligible beneficiary or any qualifying children of his eligible beneficiary,'' after ``his dependents'', (B) by inserting ``, and eligible beneficiaries and qualifying children of eligible beneficiaries (within the meaning of section 106(f)),'' after ``their dependents'' the first place it appears, and (C) by inserting ``, eligible beneficiaries, and qualifying children of eligible beneficiaries'' after ``their dependents'' the second place it appears. (3) Section 3306(b)(2) of such Code is amended-- (A) by inserting ``, or his eligible beneficiary or any qualifying children of his eligible beneficiary,'' after ``his dependents'' both places it appears, (B) by inserting ``, and eligible beneficiaries and qualifying children of eligible beneficiaries (within the meaning of section 106(f)),'' after ``their dependents'' the first place it appears, and (C) by inserting ``, eligible beneficiaries, and qualifying children of eligible beneficiaries'' after ``their dependents'' the second place it appears. (4) Section 3401(a) of such Code is amended by striking ``or'' at the end of paragraph (21), by striking the period at the end of paragraph (22) and inserting ``; or'', and by inserting after paragraph (22) the following new paragraph: ``(23) for any payment made to or for the benefit of an employee or his eligible beneficiary or any qualifying children of his eligible beneficiary (within the meaning of section 106(f)) if at the time of such payment it is reasonable to believe that the employee will be able to exclude such payment from income under section 106(f) or under section 105 by reference in section 105(b) to section 106(f);''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2006. SEC. 3. EXPANSION OF DEPENDENCY FOR PURPOSES OF DEDUCTION FOR HEALTH INSURANCE COSTS OF SELF-EMPLOYED INDIVIDUALS. (a) In General.--Subsection (l) of section 162 of the Internal Revenue Code of 1986 (relating to special rules for health insurance costs of self-employed individuals) is amended by adding at the end the following new paragraph: ``(6) Dependents.--For purposes of this subsection, the term `dependents' shall include the following with respect to the taxpayer-- ``(A) any individual who satisfies the requirements of sections 152(c)(3)(A) and 152(d)(2)(H) (determined without regard to subsections (d)(1)(B) and (d)(1)(D) thereof), and ``(B) one individual who does not satisfy the requirements of section 152(c)(3)(A), but who satisfies the requirements of section 152(d)(2)(H) (determined without regard to subsections (d)(1)(B) and (d)(1)(C) thereof).''. (b) Conforming Amendment.--Subparagraph (B) of section 162(l)(2) of such Code is amended by inserting ``or dependent (as defined in paragraph (1))'' after ``spouse''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2006. SEC. 4. EXTENSION TO ELIGIBLE BENEFICIARIES OF SICK AND ACCIDENT BENEFITS PROVIDED TO MEMBERS OF A VOLUNTARY EMPLOYEES' BENEFICIARY ASSOCIATION AND THEIR DEPENDENTS. (a) In General.--Section 501(c)(9) of the Internal Revenue Code of 1986 (relating to list of exempt organizations) is amended by adding at the end the following new sentence: ``For purposes of providing for the payment of sick and accident benefits to members of such an association and their dependents, the term `dependents' shall include any individual who is an eligible beneficiary, or qualified child of an eligible beneficiary, as determined under the terms of a medical benefit, health insurance, or other program under which members and their dependents are entitled to sick and accident benefits.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2006. SEC. 5. FLEXIBLE SPENDING ARRANGEMENTS AND HEALTH REIMBURSEMENT ARRANGEMENTS. The Secretary of Treasury shall issue guidance of general applicability providing that medical expenses that otherwise qualify-- (1) for reimbursement from a flexible spending arrangement under regulations in effect on the date of the enactment of this Act may be reimbursed from an employee's flexible spending arrangement, notwithstanding the fact that such expenses are attributable to an individual who is the employee's eligible beneficiary under any accident or health plan of the employer, and (2) for reimbursement from a health reimbursement arrangement under regulations in effect on the date of the enactment of this Act may be reimbursed from an employee's health reimbursement arrangement, notwithstanding the fact that such expenses are attributable to an individual who is not a spouse or dependent within the meaning of section 152 but who is designated by the employee as eligible to have his or her expenses reimbursed under the health reimbursement arrangement.

Tax Equity for Health Plan Beneficiaries Act of 2007 - Amends the Internal Revenue Code to: (1) extend the exclusion from gross income for employer-provided health care coverage to certain eligible beneficiaries and their dependent children; (2) revise the definition of "dependent" for purposes of the tax deduction for the health insurance costs of self-employed individuals; and (3) extend voluntary employees' beneficiary association sick and accident benefits to eligible beneficiaries and their dependents.

To amend the Internal Revenue Code of 1986 to extend the exclusion from gross income for employer-provided health coverage for employees' spouses and dependent children to coverage provided to other eligible designated beneficiaries of employees.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Seniors Mental Health Access Improvement Act of 2001''. SEC. 2. COVERAGE OF MARRIAGE AND FAMILY THERAPIST SERVICES AND MENTAL HEALTH COUNSELOR SERVICES UNDER PART B OF THE MEDICARE PROGRAM. (a) Coverage of Services.-- (1) In general.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)), as amended by sections 102(a) and 105(a) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (114 Stat. 2763A-468 and 2763A-471), as enacted into law by section 1(a)(6) of Public Law 106-554, is amended-- (A) in subparagraph (U), by striking ``and'' after the semicolon at the end; (B) in subparagraph (V)(iii), by inserting ``and'' after the semicolon at the end; and (C) by adding at the end the following new subparagraph: ``(W) marriage and family therapist services (as defined in subsection (ww)(1)) and mental health counselor services (as defined in subsection (ww)(3));''. (2) Definitions.--Section 1861 of such Act (42 U.S.C. 1395x), as amended by sections 102(b) and 105(b) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (114 Stat. 2763A-468 and 2763A-471), as enacted into law by section 1(a)(6) of Public Law 106-554, is amended by adding at the end the following new subsection: ``Marriage and Family Therapist Services; Marriage and Family Therapist; Mental Health Counselor Services; Mental Health Counselor ``(ww)(1) The term `marriage and family therapist services' means services performed by a marriage and family therapist (as defined in paragraph (2)) for the diagnosis and treatment of mental illnesses, which the marriage and family therapist is legally authorized to perform under State law (or the State regulatory mechanism provided by State law) of the State in which such services are performed, as would otherwise be covered if furnished by a physician or as an incident to a physician's professional service, but only if no facility or other provider charges or is paid any amounts with respect to the furnishing of such services. ``(2) The term `marriage and family therapist' means an individual who-- ``(A) possesses a master's or doctoral degree which qualifies for licensure or certification as a marriage and family therapist pursuant to State law; ``(B) after obtaining such degree has performed at least 2 years of clinical supervised experience in marriage and family therapy; and ``(C) in the case of an individual performing services in a State that provides for licensure or certification of marriage and family therapists, is licensed or certified as a marriage and family therapist in such State. ``(3) The term `mental health counselor services' means services performed by a mental health counselor (as defined in paragraph (2)) for the diagnosis and treatment of mental illnesses which the mental health counselor is legally authorized to perform under State law (or the State regulatory mechanism provided by the State law) of the State in which such services are performed, as would otherwise be covered if furnished by a physician or as incident to a physician's professional service, but only if no facility or other provider charges or is paid any amounts with respect to the furnishing of such services. ``(4) The term `mental health counselor' means an individual who-- ``(A) possesses a master's or doctor's degree in mental health counseling or a related field; ``(B) after obtaining such a degree has performed at least 2 years of supervised mental health counselor practice; and ``(C) in the case of an individual performing services in a State that provides for licensure or certification of mental health counselors or professional counselors, is licensed or certified as a mental health counselor or professional counselor in such State.''. (3) Provision for payment under part b.--Section 1832(a)(2)(B) of such Act (42 U.S.C. 1395k(a)(2)(B)) is amended by adding at the end the following new clause: ``(v) marriage and family therapist services and mental health counselor services;''. (4) Amount of payment.--Section 1833(a)(1) of such Act (42 U.S.C. 1395l(a)(1)), as amended by sections 105(c) and 223(c) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (114 Stat. 2763A-472 and 2763A-489), as enacted into law by section 1(a)(6) of Public Law 106-554, is amended-- (A) by striking ``and (U)'' and inserting ``(U)''; and (B) by inserting before the semicolon at the end the following: ``, and (V) with respect to marriage and family therapist services and mental health counselor services under section 1861(s)(2)(W), the amounts paid shall be 80 percent of the lesser of the actual charge for the services or 75 percent of the amount determined for payment of a psychologist under clause (L)''. (5) Exclusion of marriage and family therapist services and mental health counselor services from skilled nursing facility prospective payment system.--Section 1888(e) of the Social Security Act (42 U.S.C. 1395yy(e)) is amended-- (A) in paragraph (2)(A)(i)(II), by striking ``clauses (ii) and (iii)'' and inserting ``clauses (ii) through (iv)''; and (B) by adding at the end of paragraph (2)(A) the following new clause: ``(iv) Exclusion of certain mental health services.--Services described in this clause are marriage and family therapist services (as defined in section 1861(ww)(1)) and mental health counselor services (as defined in section 1861(ww)(3)).''. (6) Inclusion of marriage and family therapists and mental health counselors as practitioners for assignment of claims.-- Section 1842(b)(18)(C) of such Act (42 U.S.C. 1395u(b)(18)(C)), as amended by section 105(d) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (114 Stat. 2763A-472), as enacted into law by section 1(a)(6) of Public Law 106-554, is amended by adding at the end the following new clauses: ``(vii) A marriage and family therapist (as defined in section 1861(ww)(2)). ``(viii) A mental health counselor (as defined in section 1861(ww)(4)).''. (b) Coverage of Certain Mental Health Services Provided in Certain Settings.-- (1) Rural health clinics and federally qualified health centers.--Section 1861(aa)(1)(B) of the Social Security Act (42 U.S.C. 1395x(aa)(1)(B)) is amended by inserting ``, by a marriage and family therapist (as defined in subsection (ww)(2)), by a mental health counselor (as defined in subsection (ww)(4)),'' after ``by a clinical psychologist (as defined by the Secretary)''. (2) Hospice programs.--Section 1861(dd)(2)(B)(i)(III) of such Act (42 U.S.C. 1395x(dd)(2)(B)(i)(III)) is amended by inserting ``or a marriage and family therapist (as defined in subsection (ww)(2))'' after ``social worker''. (c) Authorization of Marriage and Family Therapists To Develop Discharge Plans for Post-Hospital Services.--Section 1861(ee)(2)(G) of the Social Security Act (42 U.S.C. 1395x(ee)(2)(G)) is amended by inserting ``marriage and family therapist (as defined in subsection (ww)(2)),'' after ``social worker,''. (d) Effective Date.--The amendments made by this section shall apply with respect to services furnished on or after January 1, 2002.

Seniors Mental Health Access Improvement Act of 2001 - Amends title XVIII (Medicare) of the Social Security Act to provide for coverage of marriage and family therapist services and mental health counselor services under Medicare part B (Supplementary Medical Insurance).

A bill to amend title XVIII of the Social Security Act to provide for the coverage of marriage and family therapist services and mental health counselor services under part B of the medicare program. and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ponzi Scheme Investor Protection Act of 2010''. SEC. 2. ADDITIONAL PROTECTIONS FOR INVESTORS IN PONZI SCHEMES. (a) In General.--The Securities Investor Protection Act of 1970 (15 U.S.C. 78aaa et seq.) is amended by inserting after section 8 the following new section: ``SEC. 8A. SPECIAL PROVISIONS RELATED TO PONZI SCHEMES. ``(a) Determination by Trustee.--Promptly after the appointment of the trustee, such trustee shall determine if the debtor is a Ponzi scheme. If the trustee determines that the debtor is a Ponzi scheme-- ``(1) the trustee shall notify SIPC; ``(2) SIPC shall make such determination publicly available, including on SIPC's Web site; and ``(3) if the trustee determines that customers invested more than $1,000,000,000 in such Ponzi scheme, the trustee and SIPC shall, not later than 30 days after such determination is made, jointly submit to the Committee on Financial Services of the House, the Committee on Banking, Housing, and Urban Affairs of the Senate, and the Secretary of the Treasury a reasonable expected timeline for the consideration of claims made under this section. ``(b) Statement of Claim.-- ``(1) In general.--An indirect Ponzi scheme investor may, not later than the end of the 1-year period beginning on the date SIPC makes a determination publicly available under subsection (a), file with the trustee a written claim-- ``(A) stating the type of securities held by the Ponzi scheme on behalf of the Ponzi scheme investor on behalf of the indirect Ponzi scheme investor; ``(B) stating the number of such securities, or in the case of a pooled investment, the percentage of such securities; ``(C) stating the amount of any funds invested by the indirect Ponzi scheme investor with the Ponzi scheme investor that were invested with the Ponzi scheme, but for which the indirect Ponzi scheme investor has not received a statement or other documentation that would allow the indirect Ponzi scheme investor to identify in which securities the Ponzi scheme stated such funds were invested; and ``(D) containing such other information as SIPC may determine necessary to carry out the provisions of this section. ``(2) Notice.--At the time an indirect Ponzi scheme investor makes a claim under paragraph (1), the indirect Ponzi scheme investor shall also file a copy of the claim with the appropriate Ponzi scheme investor. ``(c) Coordination With Ponzi Scheme Investor.--To the extent necessary, the trustee shall coordinate with Ponzi scheme investors to ensure proper payments to indirect Ponzi scheme investors under this section. ``(d) Payments to Indirect Ponzi Scheme Investors.-- ``(1) In general.--After receipt of a written statement of claim pursuant to subsection (b), unless the trustee determines such claim to be fraudulent, the trustee shall, with respect to the securities that are the subject of such claim, take the following actions in the following order: ``(A) With respect to a claim relating to securities of a class and series of an issuer which are ascertainable from the books and records of the Ponzi scheme or are otherwise established to the satisfaction of the trustee, deliver securities of such class and series to the indirect Ponzi scheme investor if and to the extent available to satisfy such claims in whole or in part, with partial deliveries to be made pro rata to the greatest extent considered practicable by the trustee. ``(B) Pay the indirect Ponzi scheme investor a cash amount equal to-- ``(i) the value of any securities identified in the claim and not otherwise delivered to the indirect Ponzi scheme investor under subparagraph (A); and ``(ii) the value of any funds identified in the claim as being invested in the Ponzi scheme by the Ponzi scheme investor on behalf of the indirect Ponzi scheme investor, but for which the indirect Ponzi scheme investor is unable to identify in which specific securities the Ponzi scheme stated such funds were invested. ``(2) Maximum amount.--The aggregate amount of the value of all securities and cash delivered under paragraph (1) may not exceed, for each indirect Ponzi scheme investor, an amount equal to-- ``(A) $100,000, minus ``(B) the aggregate amount of all cash and securities invested in the Ponzi scheme by the Ponzi scheme investor on behalf of the indirect Ponzi scheme investor that is recovered by the Ponzi scheme investor from the trustee. ``(3) Advances by sipc.--With respect to payments made pursuant to this section, the trustee may satisfy claims out of moneys made available to the trustee by SIPC notwithstanding the fact that there has not been any showing or determination that there are sufficient funds of the Ponzi scheme available to satisfy such claims. ``(4) Waiver.--By accepting any security or cash from the trustee under this section, the indirect Ponzi scheme investor agrees to waive the right to sue the Ponzi scheme investor with respect to such security or with respect to the security that was the basis for such cash payment. ``(5) Security valuation.--For purposes of this subsection, the value of a security shall be deemed to be the amount listed for such security on the last statement the indirect Ponzi scheme investor received from the Ponzi scheme investor before the trustee determined the debtor was a Ponzi scheme pursuant to subsection (a). ``(e) Prohibition on Double Payments.--Securities delivered pursuant to subsection (d), and securities, or percentages of securities, which were the basis for cash paid pursuant to subsection (d), may not be the basis for any other payment by the trustee or SIPC under this Act. ``(f) Recovery of Funds.--The trustee of a Ponzi scheme may not seek to recover money, including profits, from any investor in the Ponzi scheme unless such investor was either complicit or negligent in their participation in the Ponzi scheme. ``(g) Non-Applicability if Lawsuit Filed.--This section shall not apply to a claim filed by an indirect Ponzi scheme investor if such investor has filed a lawsuit against the Ponzi scheme investor, the Ponzi scheme, or the trustee in connection with the securities that are the basis of such claim. ``(h) Retroactive Applicability.--With respect to the appointment of a trustee made before the date of the enactment of this section, such trustee shall make the determination required under subsection (a) not later than 30 days after such date of enactment, and only if such trustee makes a determination that the debtor is a Ponzi scheme and customers invested more than $1,000,000,000 in the Ponzi scheme. ``(i) Interest Payments.--If the Secretary of the Treasury makes a determination that claims under this section are not being considered in accordance with the timeline submitted to the Secretary under subsection (a)(3), the Secretary may require any future payments made under this section to be made with interest. ``(j) Rulemaking.--SIPC shall issue regulations to carry out the provisions of this section.''. (b) SIPC Authority To Advance Funds.--Section 9 of such Act (15 U.S.C. 78fff-3) is amended by adding at the end the following new subsection: ``(d) Advances Related to Ponzi Schemes.--SIPC shall advance to the trustee-- ``(1) such moneys as may be required to pay claims made under section 8A; and ``(2) such moneys as may be required to carry out section 8A.''. SEC. 3. SIPC FUND ASSESSMENT. Not later than the end of the 60-day period beginning on the date of the enactment of this Act, SIPC shall issue regulations to modify the SIPC Fund assessment levels to ensure they are adequate to cover the anticipated costs to the SIPC Fund of carrying out the amendments made by this Act. SEC. 4. DEFINITIONS. Section 16 of the Securities Investor Protection Act of 1970 (15 U.S.C. 78lll) is amended by adding at the end the following new paragraph: ``(15) Definitions related to ponzi schemes.-- ``(A) Ponzi scheme.--The term `Ponzi scheme' means any fraudulent investment operation which is managed in a manner that provides investors with returns (or purported returns) derived substantially from investments made by other investors rather than from profits. ``(B) Ponzi scheme investor.--The term `Ponzi scheme investor' means a customer of a debtor, where the trustee of such debtor has determined the debtor to be a Ponzi scheme. ``(C) Indirect ponzi scheme investor.--The term `indirect Ponzi scheme investor' means any person (including any person with whom the Ponzi scheme investor deals as principal or agent) who is an investor in a Ponzi scheme investor and on whose behalf the Ponzi scheme investor has a claim on account of securities received, acquired, or held by the Ponzi scheme in the ordinary course of its business as a broker or dealer from or for the securities accounts of such Ponzi scheme investor for safekeeping, with a view to sale, to cover consummated sales, pursuant to purchases, as collateral, security, or for purposes of effecting transfer.''.

Ponzi Scheme Investor Protection Act of 2010 - Amends the Securities Investor Protection Act of 1970 with respect to the duties of a trustee appointed for a Securities and Exchange Commission (SEC)-registered broker or dealer undergoing liquidation. Instructs the trustee to take specified actions if the trustee determines that the debtor is a Ponzi scheme. Establishes procedures for an indirect Ponzi scheme investor to file a claim. Instructs the trustee to: (1) coordinate with Ponzi scheme investors to ensure proper payments to indirect Ponzi scheme investors; and (2) take specified actions to pay indirect Ponzi scheme investors. Prescribes the maximum aggregate amount of all cash and securities that may be awarded to each indirect Ponzi scheme investor. Prohibits the trustee of a Ponzi scheme from seeking to recover money and profits from any Ponzi scheme investor unless such investor's participation in the Ponzi scheme was either complicit or negligent. Requires the Securities Investor Protection Corporation (SIPC) to: (1) advance to the trustee such moneys as may be required to pay claims and implement this Act; and (2) promulgate regulations modifying SIPC Fund assessment levels to ensure they are adequate to cover the anticipated costs of implementing this Act.

To amend the Securities Investor Protection Act of 1970 to provide insurance coverage for certain indirect investors caught in Ponzi schemes, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Drug Overdose Reduction Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Drug overdose death is now second only to motor vehicle crashes as a leading cause of injury-related death nationally. Both fatal and nonfatal overdoses place a heavy burden on public health resources, yet no Federal agency has been tasked with stemming this crisis. (2) The Centers for Disease Control and Prevention reports that 33,541 deaths in the United States in 2005 were attributable to drug-induced causes. Sixty-seven percent of these deaths were due to unintentional drug poisonings and could have been prevented. (3) Deaths resulting from accidental drug overdoses increased more than 400 percent between 1980 and 1999, and more than doubled between 1999 and 2005. (4) Ninety-five percent of all unintentional and undetermined intent poisoning deaths are due to drugs, and poisoning deaths cost society more than $2,200,000,000 in direct medical costs and $23,000,000,000 in lost productivity costs in the year 2000 alone. (5) According to the Federal Drug Abuse Warning Network, most drug-related deaths involve multiple drugs including prescription opioids and alcohol. Opioid overdose deaths are occurring among those who are taking pharmaceutical opioid drugs, like oxycodone and hydrocodone, and among heroin users. (6) Community-based programs working with high-risk populations have successfully prevented deaths from opioid overdoses through education and access to effective reversal agents, such as naloxone. (7) Naloxone is a highly effective opioid antagonist that reverses overdose from both prescription opioids and heroin. (8) Public health programs to make naloxone available to people at-risk of a drug overdose are currently operating in major cities including Baltimore, Chicago, Los Angeles, New York City, Boston, San Francisco, and Philadelphia, and statewide in 3 States including New Mexico, Massachusetts, and New York. A naloxone distribution program in Boston saved more than 170 lives in the last year alone. (9) Between 2001 and January 2008, it is estimated that more than 2,600 overdoses have been reversed in 16 programs across the Nation. (10) Many fatal drug overdoses occur in the presence of witnesses who can respond effectively to an overdose when properly trained and equipped. (11) Overdose prevention programs are needed in correctional facilities, addiction treatment programs, and other places where people are at higher risk of overdosing after a period of abstinence. SEC. 3. OVERDOSE PREVENTION GRANT PROGRAM. (a) Program Authorized.--The Director of the Centers for Disease Control and Prevention shall award grants or cooperative agreements to eligible entities to enable the eligible entities to reduce deaths occurring from overdoses of drugs. (b) Application.-- (1) In general.--An eligible entity desiring a grant or cooperative agreement under this section shall submit to the Director an application at such time, in such manner, and containing such information as the Director may require. (2) Contents.--An application under paragraph (1) shall include-- (A) a description of the activities to be funded through the grant or cooperative agreement; and (B) a demonstration that the eligible entity has the capacity to carry out such activities. (c) Priority.--In awarding grants and cooperative agreements under subsection (a), the Director shall give priority to eligible entities that-- (1) are public health agencies or community-based organizations; and (2) have expertise in preventing deaths occurring from overdoses of drugs in populations at high risk of such deaths. (d) Eligible Activities.--As a condition on receipt of a grant or cooperative agreement under this section, an eligible entity shall agree to use the grant or cooperative agreement to carry out one or more of the following activities: (1) Purchasing and distributing drug overdose reversal agents, such as naloxone. (2) Training first responders, other individuals in a position to respond to an overdose, and law enforcement and corrections officials on the effective response to individuals who have overdosed on drugs. (3) Implementing programs to provide overdose prevention, recognition, treatment, or response to individuals in need of such services. (4) Evaluating, expanding, or replicating a program described in paragraph (1) or (2). (e) Report.--As a condition on receipt of a grant or cooperative agreement under this section, an eligible entity shall agree to prepare and submit, not later than 90 days after the end of the grant or cooperative agreement period, a report to the Director describing the results of the activities supported through the grant or cooperative agreement. (f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $27,000,000 for each of the fiscal years 2010 and 2011, and such sums as may be necessary for each of the fiscal years 2012 through 2014. SEC. 4. SENTINEL SURVEILLANCE SYSTEM. (a) Data Collection.--The Director of the Centers for Disease Control and Prevention shall annually compile and publish data on both fatal and nonfatal overdoses of drugs for the preceding year. To the extent possible, the data shall be collected from all county, State, and tribal governments, the Federal Government, and private sources, shall be made available in the form of an Internet database that is accessible to the public, and shall include-- (1) identification of the underlying drugs that led to fatal overdose; (2) identification of substance level specificity where possible; (3) analysis of trends in polydrug use in overdose victims, as well as identification of emerging overdose patterns; (4) results of toxicology screenings in fatal overdoses routinely conducted by State medical examiners; (5) identification of-- (A) drugs that were involved in both fatal and nonfatal unintentional poisonings; and (B) the number and percentage of such poisonings by drug; and (6) identification of the type of place where unintentional drug poisonings occur, as well as the age, race, and gender of victims. (b) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $5,000,000 for each of the fiscal years 2010 and 2011, and such sums as may be necessary for each of the fiscal years 2012 through 2014. SEC. 5. SURVEILLANCE CAPACITY BUILDING. (a) Program Authorized.--The Director of the Centers for Disease Control and Prevention shall award grants or cooperative agreements to State, local, or tribal governments to improve fatal and nonfatal drug overdose surveillance capabilities, including the following: (1) Implementing or enhancing the material capacity of a coroner or medical examiner's office to conduct toxicological screenings where drug overdose is the suspected cause of death. (2) Training and other educational activities to improve identification of drug overdose as the cause of death by coroners and medical examiners. (3) Hiring epidemiologists and toxicologists to analyze and report on fatal and nonfatal drug overdose trends. (4) Purchasing resources and equipment that directly aid drug overdose surveillance and reporting. (b) Application.-- (1) In general.--A State, local, or tribal government desiring a grant or cooperative agreement under this section shall submit to the Director an application at such time, in such manner, and containing such information as the Director may require. (2) Contents.--The application described in paragraph (1) shall include-- (A) a description of the activities to be funded through the grant or cooperative agreement; and (B) a demonstration that the State, local, or tribal government has the capacity to carry out such activities. (c) Report.--As a condition on receipt of a grant or cooperative agreement under this section, a State, local, or tribal government shall agree to prepare and submit, not later than 90 days after the end of the grant or cooperative agreement period, a report to the Director describing the results of the activities supported through the grant or cooperative agreement. (d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $5,000,000 for each of the fiscal years 2010 and 2011, and such sums as may be necessary for each of the fiscal years 2012 through 2014. SEC. 6. REDUCING OVERDOSE DEATHS. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Director of the Centers for Disease Control and Prevention shall develop a plan in consultation with a task force comprised of stakeholders to reduce the number of deaths occurring from overdoses of drugs and shall submit the plan to Congress. The plan shall include-- (1) an identification of the barriers to obtaining accurate data regarding the number of deaths occurring from overdoses of drugs; (2) an identification of the barriers to implementing more effective overdose prevention strategies and programs; (3) an examination of overdose prevention best practices; (4) an analysis of the supply source of drugs that caused both fatal and nonfatal unintentional poisonings; (5) recommendations for improving and expanding overdose prevention programming; and (6) recommendations for such legislative or administrative action as the Director considers appropriate. (b) Definition.--In this section, the term ``stakeholder'' means any individual directly impacted by drug overdose, any direct service provider who engages individuals at-risk of a drug overdose, any drug overdose prevention advocate, the National Institute on Drug Abuse, the Center for Substance Abuse Treatment, the Centers for Disease Control and Prevention, the Food and Drug Administration, and any other individual or entity with drug overdose expertise. SEC. 7. OVERDOSE PREVENTION RESEARCH. (a) Overdose Research.--The Director of the National Institute on Drug Abuse shall prioritize and conduct or support research on drug overdose and overdose prevention. The primary aims of this research shall include-- (1) examinations of circumstances that contributed to drug overdose and identification of drugs associated with fatal overdose; (2) evaluations of existing overdose prevention program intervention methods; and (3) pilot programs or research trials on new overdose prevention strategies or programs that have not been studied in the United States. (b) Dosage Forms of Naloxone.--The Director of the National Institute on Drug Abuse shall support research on the development of dosage forms of naloxone specifically intended to be used by lay persons or first responders for the prehospital treatment of unintentional drug overdose. (c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $5,000,000 for each of the fiscal years 2010 and 2011, and such sums as may be necessary for each of the fiscal years 2012 through 2014. SEC. 8. DEFINITIONS. In this Act: (1) Director.--Unless otherwise specified, the term ``Director'' means the Director of the Centers for Disease Control and Prevention. (2) Drug.--The term ``drug''-- (A) means a drug (as that term is defined in section 201 of the Federal Food, Drug, or Cosmetic Act (21 U.S.C. 321)); and (B) includes any controlled substance (as that term is defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)). (3) Eligible entity.--The term ``eligible entity'' means an entity that is a State, local, or tribal government, a correctional institution, a law enforcement agency, a community agency, or a private nonprofit organization. (4) State.--The term ``State'' means any of the several States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, and any other territory or possession of the United States. (5) Training.--The term ``training'' means any activity that is educational, instructional, or consultative in nature, and may include volunteer trainings, awareness building exercises, outreach to individuals who are at-risk of a drug overdose, and distribution of educational materials.

Drug Overdose Reduction Act - Requires the Director of the Centers for Disease Control and Prevention (CDC) to: (1) award grants or enter into cooperative agreements to enable eligible entities to reduce deaths occurring from drug overdoses; and (2) give priority to public health agencies or community-based organizations that have expertise in preventing deaths occurring from overdoses in high risk populations. Conditions receipt of a grant or agreement on an entity agreeing to use the grant or agreement for: (1) purchasing and distributing drug overdose reversal agents; (2) training first responders, law enforcement and corrections officials, and other individuals in a position to respond to an overdose on the effective response; (3) implementing programs to provide overdose prevention, recognition, treatment, or response to individuals in need; and (4) evaluating, expanding, or replicating such programs. Requires the Director to: (1) compile and publish data, annually, on fatal and nonfatal drug overdoses for the preceding year; (2) award grants to state, local, or tribal governments to improve drug overdose surveillance capabilities; and (3) develop and submit to Congress a plan to reduce the number of deaths occurring from overdoses. Requires the Director of the National Institute on Drug Abuse (NIDA) to: (1) prioritize and conduct or support research on drug overdose and overdose prevention; and (2) support research on dosage forms of naloxone for the prehospital treatment of unintentional drug overdose.

To reduce deaths occurring from drug overdoses.

SECTION 1. INVESTMENT CREDIT FOR TRUCKS WITH NEW DIESEL TECHNOLOGY. (a) In General.-- (1) Allowance 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 48 the following new section: ``SEC. 48A. NEW DIESEL TECHNOLOGY CREDIT. ``(a) General Rule.--For purposes of section 46, the new diesel technology credit for any taxable year is 5 percent of the cost of any qualified truck which is placed in service on or after January 1, 2007, and before January 1, 2008. ``(b) Qualified Truck.--For purposes of this section, the term `qualified truck' means any motor vehicle (as defined in section 30(c)(2)) which-- ``(1) is first placed in service on or after January 1, 2007, ``(2) is propelled by diesel fuel, ``(3) has a gross vehicle weight rating of more than 26,000 pounds, and ``(4) complies with the regulations of the Environmental Protection Agency with respect to diesel emissions for model year 2007 and later.''. (2) Credit treated as part of investment credit.--Section 46 of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting ``, and'', and by adding at the end the following new paragraph: ``(3) the new diesel technology credit.''. (3) Conforming amendments.-- (A) Section 49(a)(1)(C) of such Code is amended by striking ``and'' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting ``, and'', and by adding at the end the following new clause: ``(iv) the basis of any qualified truck.''. (B) The table of sections for subpart E of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 48 the following new item: ``Sec. 48A. New diesel technology credit.''. (b) Credit Allowed Against AMT.-- (1) In general.--Subsection (c) of section 38 of the Internal Revenue Code of 1986 is amended by redesignating paragraph (5) as paragraph (6) and by inserting after paragraph (4) the following new paragraph: ``(5) Special rules for new diesel technology credit.-- ``(A) In general.--In the case of the new diesel technology credit-- ``(i) this section and section 39 shall be applied separately with respect to such credit, and ``(ii) in applying paragraph (1) to such credit-- ``(I) the tentative minimum tax shall be treated as being zero, 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 new diesel technology credit). ``(B) New diesel technology credit.--For purposes of this subsection, the term `new diesel technology credit' means the portion of the investment credit under section 46 determined under section 48A.''. (2) Conforming amendments.--Paragraphs (2)(A)(ii)(II), (3)(A)(ii)(II), and (4)(A)(ii)(II) of section 38(c) of such Code are each amended by inserting ``or the new diesel technology credit'' after ``the specified credits''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service on or after January 1, 2007, in taxable years ending after such date, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). SEC. 2. ELECTION TO EXPENSE QUALIFIED TRUCKS. (a) In General.--Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 179B the following new section: ``SEC. 179C. ELECTION TO EXPENSE NEW DIESEL TECHNOLOGY TRUCKS. ``(a) Treatment as Expenses.--A taxpayer may elect to treat the cost of any qualified truck (as defined in section 48A) as an expense which is not chargeable to a capital account. Any cost so treated shall be allowed as a deduction for the taxable year in which the qualified truck is placed in service. ``(b) Election.-- ``(1) In general.--An election under this section for any taxable year shall be made on the taxpayer's return of the tax imposed by this chapter for the taxable year. Such election shall be made in such manner as the Secretary may by regulations prescribe. ``(2) Election irrevocable.--Any election made under this section may not be revoked except with the consent of the Secretary. ``(c) Termination.--This section shall not apply to property placed in service after December 31, 2007.''. (b) Conforming Amendment.--The table of sections for part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 179B the following new item: ``Sec. 179C. Election to expense new diesel technology trucks.''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service on or after January 1, 2007.

Amends the Internal Revenue Code to allow an investment tax credit for five percent of the cost of a qualified truck. Defines "qualified truck" as a motor vehicle: (1) first placed in service on or after January 1, 2007, and before January 1, 2008; (2) powered by diesel fuel; (3) having a gross vehicle weight of more than 26,000 pounds; and (4) which complies with certain Environmental Protection Agency (EPA) regulations for diesel emissions. Allows such credit to reduce regular or alternative minimum tax liability. Permits a taxpayer election to expense the cost of qualified trucks placed in service in 2007.

To amend the Internal Revenue Code of 1986 to allow an investment tax credit for the purchase of trucks with new diesel engine technologies, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rebuilding American Manufacturing Act of 2012''. SEC. 2. 20 PERCENT INCOME TAX RATE FOR DOMESTIC MANUFACTURING INCOME. (a) In General.--Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 200. DOMESTIC MANUFACTURING INCOME. ``(a) Allowance of Deduction.--There shall be allowed as a deduction an amount equal to 43 percent of the lesser of-- ``(1) the domestic manufacturing income of the taxpayer for the taxable year, or ``(2) taxable income (determined without regard to this section and section 199) for the taxable year. ``(b) Limitation Based on Domestic Investment.--For purposes of this section-- ``(1) In general.--The amount of the deduction allowable under subsection (a) for any taxable year shall not exceed 25 percent of the taxpayer's qualifying domestic investment for the taxable year. ``(2) Qualifying domestic investment amount.--The term `qualifying domestic investment' means, with respect to any taxpayer for any taxable year, the sum of-- ``(A) the W-2 wages of such taxpayer for such taxable year, ``(B) the sum of the deductions allowable under sections 167, 169, 179, and 179D to such taxpayer for such taxable year, plus ``(C) the deduction allowable under section 174 to such taxpayer for such taxable year. ``(3) W-2 wages.--The term `W-2 wages' means, with respect to any person for any taxable year, the sum of the amounts described in paragraphs (3) and (8) of section 6051(a) paid by such person with respect to employment of employees by such person during the calendar year ending during such taxable year. Such term shall not include any amount which is not properly included in a return filed with the Social Security Administration on or before the 60th day after the due date (including extensions) for such return. ``(4) Limitation to amounts attributable to domestic production.--The term `qualifying domestic investment' shall not include any amount which is not properly allocable to domestic manufacturing gross receipts for purposes of subsection (c) (and shall include any amount which is so allocable under subsection (c)(4)). ``(5) Acquisitions and dispositions.--The Secretary shall provide for the application of this subsection in cases where the taxpayer acquire, or disposes of, the major portion of a trade or business or the major portion of a separate unit of a trade or business during the taxable year. ``(c) Domestic Manufacturing Income.--For purposes of this section-- ``(1) In general.--The term `domestic manufacturing income' for any taxable year means an amount equal to the excess (if any) of-- ``(A) the taxpayer's domestic manufacturing gross receipts for such taxable year, over ``(B) the sum of-- ``(i) the cost of goods sold that are allocable to such receipts, and ``(ii) other expenses, losses, or deductions (other than the deduction allowed under this section), which are properly allocable to such receipts. ``(2) Allocation method.--The Secretary shall prescribe rules for the proper allocation of items described in paragraph (1) for purposes of determining domestic manufacturing income. Such rules shall provide for the proper allocation of items whether or not such items are directly allocable to domestic manufacturing gross receipts. ``(3) Special rules for determining costs.-- ``(A) In general.--For purposes of determining costs under clause (i) of paragraph (1)(B), any item or service brought into the United States shall be treated as acquired by purchase, and its cost shall be treated as not less than its value immediately after it entered the United States. A similar rule shall apply in determining the adjusted basis of leased or rented property where the lease or rental gives rise to domestic manufacturing gross receipts. ``(B) Exports for further manufacture.--In the case of any property described in subparagraph (A) that had been exported by the taxpayer for further manufacture, the increase in cost or adjusted basis under subparagraph (A) shall not exceed the difference between the value of the property when exported and the value of the property when brought back into the United States after the further manufacture. ``(4) Treatment of certain accelerated depreciation deductions.--In the case of property placed in service after December 31, 2007, and before the first taxable year of the taxpayer beginning after December 31, 2012, the deduction under section 168 with respect to such property which is treated as properly allocable to domestic manufacturing gross receipts of the taxpayer for any taxable year shall be determined without regard to section 168(k)(1). ``(5) Treatment of deferred compensation under nonqualified plans.--In the case of compensation paid or incurred by the taxpayer which is deferred under a nonqualified deferred compensation plan (as defined in section 409A(d)(1)), the amount under paragraph (1)(B)(ii) shall be determined as though the deduction for such compensation is allowed for the taxable year in which the services for which such compensation was paid or incurred are performed. This paragraph shall not apply with respect to compensation paid or incurred for services performed in taxable years beginning before the first taxable year of the taxpayer beginning after December 31, 2012. ``(d) Domestic Manufacturing Gross Receipts.--For purposes of this section-- ``(1) In general.--The term `domestic manufacturing gross receipts' means the gross receipts of the taxpayer which are derived from any lease, rental, license, sale, exchange, or other disposition of qualified property which was manufactured, produced, or grown by the taxpayer in whole or in significant part within the United States. Such term shall not include gross receipts of the taxpayer which are derived from the sale of food and beverages prepared by the taxpayer at a retail establishment. ``(2) Special rule for certain government contracts.--Gross receipts derived from the manufacture or production of any property shall not fail to be treated as meeting the requirements of paragraph (1) solely because title or risk of loss with respect to such property is held by the Federal Government if-- ``(A) such property is manufactured or produced by the taxpayer pursuant to a contract with the Federal Government, and ``(B) the Federal Acquisition Regulation requires that title or risk of loss with respect to such property be transferred to the Federal Government before the manufacture or production of such property is complete. ``(3) Qualified property.--The term `qualified property' means-- ``(A) any tangible personal property other than-- ``(i) oil, gas, and primary products thereof (within the meaning of section 199(d)(9)(C)), ``(ii) property with respect to which section 613 applies, ``(iii) property described in paragraph (3) or (4) of section 168(f), and ``(iv) electricity and potable water, and ``(B) any computer software other than video games rated M, AO, RP, or any similar rating as determined by the Secretary, by the Entertainment Software Rating Board. ``(4) Partnerships owned by expanded affiliated groups.-- For purposes of this subsection, if all of the interests in the capital and profits of a partnership are owned by members of a single expanded affiliated group at all times during the taxable year of such partnership, the partnership and all members of such group shall be treated as a single taxpayer during such period. ``(5) Related persons.-- ``(A) In general.--The term `domestic manufacturing gross receipts' shall not include any gross receipts of the taxpayer derived from property leased, licensed, or rented by the taxpayer for use by any related person. ``(B) Related person.--For purposes of subparagraph (A), a person shall be treated as related to another person if such persons are treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414, except that determinations under subsections (a) and (b) of section 52 shall be made without regard to section 1563(b). ``(e) Special Rules.-- ``(1) Elective application of deduction.--Except as otherwise provided by the Secretary, the taxpayer may elect not to take any item of income into account as domestic manufacturing gross receipts for purposes of this section. ``(2) Coordination with section 199.--If a deduction is allowed under this section with respect to any taxpayer for any taxable year, any gross receipts of the taxpayer which are taken into account under this section for such taxable year (and any items properly allocable thereto under subsections (b) or (c)) shall not be taken into account under section 199 for such taxable year. ``(3) Application of section to pass-thru entities.-- ``(A) Partnerships and s corporations.--In the case of a partnership or S corporation-- ``(i) this section shall be applied at the partner or shareholder level, ``(ii) each partner or shareholder shall take into account such person's allocable share of each item described in subparagraph (A) or (B) of subsection (c)(1) (determined without regard to whether the items described in such subparagraph (A) exceed the items described in such subparagraph (B)), and ``(iii) each partner or shareholder shall be treated for purposes of subsection (b) as having an amount of each item taken into account in determining qualifying domestic investment of the partnership or S corporation for the taxable year equal to such person's allocable share of such item (as determined under regulations prescribed by the Secretary). ``(B) Trust and estates.--In the case of a trust or estate-- ``(i) the items referred to in subparagraph (A)(ii) (as determined therein) and the qualifying domestic investment of the trust or estate for the taxable year, shall be apportioned between the beneficiaries and the fiduciary (and among the beneficiaries) under regulations prescribed by the Secretary, and ``(ii) for purposes of paragraph (4), adjusted gross income of the trust or estate shall be determined as provided in section 67(e) with the adjustments described in such paragraph. ``(C) Regulations.--The Secretary may prescribe rules requiring or restricting the allocation of items and qualifying domestic investment under this paragraph and may prescribe such reporting requirements as the Secretary determines appropriate. ``(4) Application to individuals.--In the case of an individual, subsection (a)(2) shall be applied by substituting `adjusted gross income' for `taxable income'. For purposes of the preceding sentence, adjusted gross income shall be determined-- ``(A) after application of sections 86, 135, 137, 219, 221, 222, and 469, and ``(B) without regard to this section and section 199. ``(5) Application of other rules.--Rules similar to the rules of paragraphs (3), (4), (5), (6), (7), and (10) of section 199(d) shall apply for purposes of this section.''. (b) Conforming Amendments.-- (1) Section 56(d)(1)(A) of such Code is amended by striking ``deduction under section 199'' both places it appears and inserting ``deductions under sections 199 and 200''. (2) Section 56(g)(4)(C) of such Code is amended by adding at the end the following new clause: ``(vii) Deduction for domestic business income.--Clause (i) shall not apply to any amount allowable as a deduction under section 200.''. (3) The following provisions of such Code are each amended by inserting ``200,'' after ``199,''. (A) Section 86(b)(2)(A). (B) Section 135(c)(4)(A). (C) Section 137(b)(3)(A). (D) Section 219(g)(3)(A)(ii). (E) Section 221(b)(2)(C)(i). (F) Section 222 (b)(2)(C)(i). (G) Section 246(b)(1). (H) Section 469(i)(3)(F)(iii). (4) Section 163(j)(6)(A)(i) of such Code is amended by striking ``and'' at the end of subclause (III) and by inserting after subclause (IV) the following new subclause: ``(V) any deduction allowable under section 200, and''. (5) Section 170(b)(2)(C) of such Code is amended by striking ``and'' at the end of clause (iv), by striking the period at the end of clause (v) and inserting ``, and'', and by inserting after clause (v) the following new clause: ``(vi) section 200.''. (6) Section 172(d) of such Code is amended by adding at the end the following new paragraph: ``(8) Domestic business income.--The deduction under section 200 shall not be allowed.''. (7) Section 199(d)(2)(A) of such Code is amended by inserting ``200,'' after ``137,''. (8) Section 613(a) of such Code is amended by striking ``deduction under section 199'' and inserting ``deductions under sections 199 and 200''. (9) Section 613A(d)(1) of such Code is amended by redesignating subparagraphs (C), (D), and (E) as subparagraphs (D), (E), and (F), respectively, and by inserting after subparagraph (B) the following new subparagraph: ``(C) any deduction allowable under section 200,''. (10) Section 1402(a) of such Code is amended by striking ``and'' at the end of paragraph (16), by redesignating paragraph (17) as paragraph (18), and by inserting after paragraph (16) the following new paragraph: ``(17) the deduction provided by section 200 shall not be allowed; and''. (11) The table of sections for part VI of subchapter B of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 200. Domestic manufacturing income.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2012.

Rebuilding American Manufacturing Act of 2012 - Amends the Internal Revenue Code to allow taxpayers engaged in domestic manufacturing in the United States a tax deduction equal to 43% of the lesser of their domestic manufacturing income or their taxable income for the taxable year (thus effectively reducing their income tax rate from 35% to approximately 20%). Limits the amount of such deduction to 25% of such taxpayer's qualifying domestic investment (defined as the sum of the taxpayer's W-2 wages and certain allowable tax deductions, excluding any amounts not properly allocable to the taxpayer's domestic manufacturing gross receipts).

To amend the Internal Revenue Code of 1986 to reduce the rate of tax on domestic manufacturing income to 20 percent.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Great Black Americans Commemoration Act of 2004''. SEC. 2. FINDINGS. Congress finds the following: (1) Black Americans have served honorably in Congress, in senior executive branch positions, in the law, the judiciary, and other fields, yet their record of service is not well known by the public, is not included in school history lessons, and is not adequately presented in the Nation's museums. (2) The Great Blacks in Wax Museum, Inc. in Baltimore, Maryland, a nonprofit organization, is the Nation's first wax museum presenting the history of great Black Americans, including those who have served in Congress, in senior executive branch positions, in the law, the judiciary, and other fields, as well as others who have made significant contributions to benefit the Nation. (3) The Great Blacks in Wax Museum, Inc. plans to expand its existing facilities to establish the National Great Blacks in Wax Museum and Justice Learning Center, which is intended to serve as a national museum and center for presentation of wax figures and related interactive educational exhibits portraying the history of great Black Americans. (4) The wax medium has long been recognized as a unique and artistic means to record human history through preservation of the faces and personages of people of prominence, and historically, wax exhibits were used to commemorate noted figures in ancient Egypt, Babylon, Greece, and Rome, in medieval Europe, and in the art of the Italian renaissance. (5) The Great Blacks in Wax Museum, Inc. was founded in 1983 by Drs. Elmer and Joanne Martin, 2 Baltimore educators who used their personal savings to purchase wax figures, which they displayed in schools, churches, shopping malls, and festivals in the mid- Atlantic region. (6) The goal of the Martins was to test public reaction to the idea of a Black history wax museum and so positive was the response over time that the museum has been heralded by the public and the media as a national treasure. (7) The museum has been the subject of feature stories by CNN, the Wall Street Journal, the Baltimore Sun, the Washington Post, the New York Times, the Chicago Sun Times, the Dallas Morning News, the Los Angeles Times, USA Today, the Afro American Newspaper, Crisis, Essence Magazine, and others. (8) More than 300,000 people from across the Nation visit the museum annually. (9) The new museum will carry on the time honored artistic tradition of the wax medium; in particular, it will recognize the significant value of this medium to commemorate and appreciate great Black Americans whose faces and personages are not widely recognized. (10) The museum will employ the most skilled artisans in the wax medium, use state-of-the-art interactive exhibition technologies, and consult with museum professionals throughout the Nation, and its exhibits will feature the following: (A) Blacks who have served in the Senate and House of Representatives of the United States, including those who represented constituencies in Alabama, Florida, Georgia, Louisiana, Mississippi, North Carolina, South Carolina, and Virginia during the 19th century. (B) Blacks who have served in the judiciary, in the Department of Justice, as prominent attorneys, in law enforcement, and in the struggle for equal rights under the law. (C) Black veterans of various military engagements, including the Buffalo Soldiers and Tuskegee Airmen, and the role of Blacks in the settlement of the western United States. (D) Blacks who have served in senior executive branch positions, including members of Presidents' Cabinets, Assistant Secretaries and Deputy Secretaries of Federal agencies, and Presidential advisers. (E) Other Blacks whose accomplishments and contributions to human history during the last millennium and to the Nation through more than 400 years are exemplary, including Black educators, authors, scientists, inventors, athletes, clergy, and civil rights leaders. (11) The museum plans to develop collaborative programs with other museums, serve as a clearinghouse for training, technical assistance, and other resources involving use of the wax medium, and sponsor traveling exhibits to provide enriching museum experiences for communities throughout the Nation. (12) The museum has been recognized by the State of Maryland and the City of Baltimore as a preeminent facility for presenting and interpreting Black history, using the wax medium in its highest artistic form. (13) The museum is located in the heart of an area designated as an empowerment zone, and is considered to be a catalyst for economic and cultural improvements in this economically disadvantaged area. SEC. 3. ASSISTANCE FOR NATIONAL GREAT BLACKS IN WAX MUSEUM AND JUSTICE LEARNING CENTER. (a) Assistance for Museum.--Subject to subsection (b), the Attorney General, acting through the Office of Justice Programs of the Department of Justice, shall, from amounts made available under subsection (c), make a grant to the Great Blacks in Wax Museum, Inc. in Baltimore, Maryland, to be used only for carrying out programs relating to civil rights and juvenile justice through the National Great Blacks in Wax Museum and Justice Learning Center. (b) Grant Requirements.--To receive a grant under subsection (a), the Great Blacks in Wax Museum, Inc. shall submit to the Attorney General a proposal for the use of the grant, which shall include detailed plans for the programs referred to in subsection (a). (c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $5,000,000, to remain available through the end of fiscal year 2009. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

National Great Black Americans Commemoration Act of 2004 - Directs the Attorney General, acting through the Office of Justice Programs of the Department of Justice, to make a grant to the Great Blacks in Wax Museum, Inc. in Baltimore, Maryland, to be used only for carrying out programs relating to civil rights and juvenile justice through the National Great Blacks in Wax Museum and Justice Learning Center. Authorizes appropriations in a specified amount to remain available through FY 2009.

A bill to authorize assistance for the National Great Blacks in Wax Museum and Justice Learning Center.

SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia Water and Sewer Authority Act of 1996''. SEC. 2. PERMITTING ISSUANCE OF REVENUE BONDS FOR WASTEWATER TREATMENT ACTIVITIES. (a) Authority to Issue Bonds.-- (1) In general.--The first sentence of section 490(a)(1) of the District of Columbia Self-Government and Governmental Reorganization Act (sec. 47-334(a)(1), D.C. Code) is amended-- (A) by striking ``and industrial'' and inserting ``industrial''; and (B) by striking the period at the end and inserting the following: ``, and water and sewer facilities (as defined in paragraph (5)).''. (2) Water and sewer facilities defined.--Section 490(a) of such Act (sec. 47-334(a), D.C. Code) is amended by adding at the end the following new paragraph: ``(5) In paragraph (1), the term `water and sewer facilities' means facilities for the obtaining, treatment, storage, and distribution of water, the collection, storage, treatment, and transportation of wastewater, storm drainage, and the disposal of liquids and solids resulting from treatment.''. (b) Use of Revenues to Make Payments on Bonds.--The second sentence of section 490(a)(3) of such Act (sec. 47-334(a)(3), D.C. Code) is amended by inserting after ``property'' each place it appears in subparagraphs (A) and (B) the following: ``(including water and sewer enterprise fund revenues, assets, or other property in the case of bonds, notes, or obligations issued with respect to water and sewer facilities)''. (c) Permitting Delegation of Authority To Issue Revenue Bonds to Water and Sewer Authority.-- (1) In general.--Section 490 of such Act (sec. 47-334, D.C. Code) is amended by adding at the end the following new subsection: ``(h)(1) The Council may delegate to the District of Columbia Water and Sewer Authority established pursuant to the Water and Sewer Authority Establishment and Department of Public Works Reorganization Act of 1996 the authority of the Council under subsection (a) to issue revenue bonds, notes, and other obligations to borrow money to finance or assist in the financing or refinancing of undertakings in the area of utilities facilities, pollution control facilities, and water and sewer facilities (as defined in subsection (a)(5)). The Authority may exercise authority delegated to it by the Council as described in the first sentence of this paragraph (whether such delegation is made before or after the date of the enactment of this subsection) only in accordance with this subsection. ``(2) Revenue bonds, notes, and other obligations issued by the District of Columbia Water and Sewer Authority under a delegation of authority described in paragraph (1) shall be issued by resolution of the Authority, and any such resolution shall not be considered to be an act of the Council. ``(3) The fourth sentence of section 446 shall not apply to-- ``(A) any amount (including the amount of any accrued interest or premium) obligated or expended from the proceeds of the sale of any revenue bond, note, or other obligation issued pursuant to this subsection; ``(B) any amount obligated or expended for the payment of the principal of, interest on, or any premium for any revenue bond, note, or other obligation issued pursuant to this subsection; ``(C) any amount obligated or expended to secure any revenue bond, note, or other obligation issued pursuant to this subsection; or ``(D) any amount obligated or expended for repair, maintenance, and capital improvements to facilities financed pursuant to this subsection.''. (2) Conforming amendment.--The fourth sentence of section 446 of such Act (sec. 47-304, D.C. Code) is amended by striking ``(f) and (g)(3)'' and inserting ``(f), (g)(3), and (h)(3)''. SEC. 3. TREATMENT OF REVENUES AND OBLIGATIONS. (a) Exclusion of Revenues for Purposes of Cap on Aggregate District Debt.--Paragraphs (1) and (3)(A) of section 603(b) of the District of Columbia Self-Government and Governmental Reorganization Act (sec. 47- 313(b), D.C. Code) are each amended by inserting after ``revenue bonds,'' the following: ``any revenues, charges, or fees dedicated for the purposes of water and sewer facilities described in section 490(a) (including fees or revenues directed to servicing or securing revenue bonds issued for such purposes),''. (b) Exclusion of Obligations Relating to Debt Servicing Payments on Certain General Obligation Bonds.-- (1) In general.--Section 603(b)(2) of such Act (sec. 47- 313(b)(2), D.C. Code) is amended-- (A) by striking ``and obligations'' and inserting ``obligations''; and (B) by inserting after ``establishment,'' the following: ``and obligations incurred pursuant to general obligation bonds of the District of Columbia issued prior to October 1, 1996, for the financing of Department of Public Works, Water and Sewer Utility Administration capital projects,''. (2) Conforming amendment.--Section 603(b)(3)(B) of such Act (sec. 47-313(b)(3)(B), D.C. Code) is amended by inserting after ``bonds'' the following: ``(less the allocable portion of principal and interest to be paid during the year on general obligation bonds of the District of Columbia issued prior to October 1, 1996, for the financing of Department of Public Works, Water and Sewer Utility Administration capital projects)''. SEC. 4. TREATMENT OF BUDGET OF WATER AND SEWER AUTHORITY. (a) Preparation of Independent Budget.--Subpart 1 of part D of title IV of the District of Columbia Self-Government and Governmental Reorganization Act is amended by inserting after section 445 the following new section: ``water and sewer authority budget ``Sec. 445A. The District of Columbia Water and Sewer Authority established pursuant to the Water and Sewer Authority Establishment and Department of Public Works Reorganization Act of 1996 shall prepare and annually submit to the Mayor, for inclusion in the annual budget, annual estimates of the expenditures and appropriations necessary for the operation of the Authority for the year. All such estimates shall be forwarded by the Mayor to the Council for its action pursuant to sections 446 and 603(c), without revision but subject to his recommendations. Notwithstanding any other provision of this Act, the Council may comment or make recommendations concerning such annual estimates, but shall have no authority under this Act to revise such estimates.''. (b) Exemption From Reductions of Budgets of Independent Agencies.-- Section 453(c) of such Act (sec. 47-304.1(c), D.C. Code) is amended-- (1) by striking ``courts or the Council, or to'' and inserting ``courts, the Council,''; and (2) by striking the period at the end and inserting the following: ``, or the District of Columbia Water and Sewer Authority established pursuant to the Water and Sewer Authority Establishment and Department of Public Works Reorganization Act of 1996.''. (c) Conforming Amendment.--Section 442(b) of such Act (sec. 47- 301(b), D.C. Code) is amended-- (1) by striking ``and the Commission'' and inserting ``the Commission''; and (2) by striking the period at the end and inserting the following: ``, and the District of Columbia Water and Sewer Authority.''. (d) Clerical Amendment.--The table of contents of subpart 1 of part D of title IV of the District of Columbia Self-Government and Governmental Reorganization Act is amended by inserting after the item relating to section 445 the following new item: ``Sec. 445A. Water and Sewer Authority budget.''. SEC. 5. CLARIFICATION OF COMPENSATION OF CURRENT EMPLOYEES OF DEPARTMENT OF PUBLIC WORKS. The first sentence of section 205(b)(2) of the Water and Sewer Authority Establishment and Department of Public Works Reorganization Act of 1996 (sec. 43-1675(b)(2), D.C. Code) is amended by striking ``duties)'' and inserting ``duties, and except as may otherwise be provided under the personnel system developed pursuant to subsection (a)(4) or a collective bargaining agreement entered into after the date of the enactment of this Act)''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

District of Columbia Water and Sewer Authority Act of 1996 - Amends the District of Columbia Self-Government and Governmental Reorganization Act to authorize the District of Columbia Council to issue revenue bonds, notes, and other obligations to borrow money to finance water and sewer facilities (defined as facilities for the obtaining, treatment, storage, and distribution of water, the collection, storage, treatment, and transportation of wastewater, storm drainage, and the disposal of liquids and solids resulting from treatment). Allows water and sewer enterprise fund revenues, assets, or other property to be used as payments and security for obligations issued with respect to water and sewer facilities. Permits the D.C. Council to delegate to the District of Columbia Water and Sewer Authority the authority to issue obligations to finance utilities facilities, pollution control facilities, and water and sewer facilities. Provides that such obligations issued by the Authority shall be issued by resolution of the Authority and not by an act of the Council. Makes provisions requiring congressional approval before amounts may be obligated or expended by District government employees or officers inapplicable with respect to any amount obligated or expended: (1) from the proceeds of the sale of such obligations; (2) for the payment of the principal of, interest on, or any premium for such obligations; (3) to secure such obligations; and (4) for repair, maintenance, and capital improvements to facilities financed by such obligations. Removes from the calculation of the District's debt service ceiling: (1) revenues, charges, or fees dedicated for the purposes of water and sewer facilities; and (2) obligations incurred pursuant to general obligation bonds issued before FY 1997 for the financing of Department of Public Works, Water and Sewer Utility Administration capital projects. Requires: (1) the Authority to submit to the Mayor for inclusion in the annual budget annual estimates of the expenditures and appropriations necessary for its operation for the year; and (2) the Mayor, without revision but subject to recommendations, to forward the estimates to the Council for its action. Permits the Council to comment or make recommendations concerning, but not revise, such annual estimates. Prohibits the Mayor from reducing amounts appropriated or otherwise made available to the Authority if determined necessary to reduce the District's budget in a fiscal year. Amends the Water and Sewer Authority Establishment and Department of Public Works Reorganization Act of 1996 to require employees transferred from the Department of Public Works to the Authority to perform their duties under the personnel system developed by the Authority's Board or a collective bargaining agreement entered into after the enactment of such Act.

District of Columbia Water and Sewer Authority Act of 1996

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Deficit Reduction for Infrastructure, Value, and Efficiency Now Act of 2014'' or the ``DRIVE Now Act of 2014''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--HIGHWAY TRUST FUND Sec. 101. Funding of Highway Trust Fund. TITLE II--COST REDUCTION MEASURES Subtitle A--Data Center Consolidation Sec. 201. Purpose. Sec. 202. Definitions. Sec. 203. Federal Data Center Optimization Initiative. Sec. 204. Performance requirements related to data center consolidation. Sec. 205. Cost savings related to data center optimization. Sec. 206. Reporting requirements to Congress and the Federal Chief Information Officer. Sec. 207. Reduction and consolidation of data centers. Subtitle B--Repeal of Duplicative Catfish Inspection Program Sec. 211. Repeal of duplicative catfish inspection program. Subtitle C--Closing Empty Bank Accounts Sec. 221. Documenting and closing long-empty Federal bank accounts. TITLE I--HIGHWAY TRUST FUND SEC. 101. FUNDING OF HIGHWAY TRUST FUND. Section 9503(f) of the Internal Revenue Code of 1986 is amended-- (1) by redesignating paragraph (5) as paragraph (6); and (2) by inserting after paragraph (4) the following: ``(5) Additional sums.--Out of money in the Treasury not otherwise appropriated, there is hereby appropriated $5,000,000,000 to the Highway Account (as defined in subsection (e)(5)(B)) in the Highway Trust Fund.''. TITLE II--COST REDUCTION MEASURES Subtitle A--Data Center Consolidation SEC. 201. PURPOSE. The purpose of this subtitle is to optimize Federal data center usage and efficiency. SEC. 202. DEFINITIONS. In this subtitle: (1) Federal data center optimization initiative.--The term ``Federal Data Center Optimization Initiative'' or the ``Initiative'' means the initiative developed and implemented by the Director of the Office of Management and Budget, through the Federal Chief Information Officer, as required under section 203. (2) Covered agency.--The term ``covered agency'' means any agency included in the Federal Data Center Optimization Initiative. (3) Federal chief information officer.--The term ``Federal Chief Information Officer'' means the Administrator of the Office of Electronic Government established under section 3602 of title 44, United States Code. (4) Data center.--The term ``data center'' means a closet, room, floor, or building for the storage, management, and dissemination of data and information, as defined by the Federal Chief Information Officer under guidance issued pursuant to this section. (5) Federal data center.--The term ``Federal data center'' means any data center of a covered agency used or operated by a covered agency, by a contractor of a covered agency, or by another organization on behalf of a covered agency. (6) Server utilization.--The term ``server utilization'' refers to the activity level of a server relative to its maximum activity level, expressed as a percentage. (7) Power usage effectiveness.--The term ``power usage effectiveness'' means the ratio obtained by dividing the total amount of electricity and other power consumed in running a data center by the power consumed by the information and communications technology in the data center. SEC. 203. FEDERAL DATA CENTER OPTIMIZATION INITIATIVE. (a) Requirement for Initiative.--The Federal Chief Information Officer, in consultation with the chief information officers of covered agencies, shall develop and implement an initiative, to be known as the Federal Data Center Optimization Initiative, to optimize the usage and efficiency of Federal data centers by meeting the requirements of this Act and taking additional measures, as appropriate. (b) Requirement for Plan.--Within 6 months after the date of the enactment of this Act, the Federal Chief Information Officer, in consultation with the chief information officers of covered agencies, shall develop and submit to Congress a plan for implementation of the Initiative required by subsection (a) by each covered agency. In developing the plan, the Federal Chief Information Officer shall take into account the findings and recommendations of the Comptroller General review required by section 205(e). (c) Matters Covered.--The plan shall include-- (1) descriptions of how covered agencies will use reductions in floor space, energy use, infrastructure, equipment, applications, personnel, increases in multiorganizational use, and other appropriate methods to meet the requirements of the initiative; and (2) appropriate consideration of shifting federally owned data centers to commercially owned data centers. SEC. 204. PERFORMANCE REQUIREMENTS RELATED TO DATA CENTER CONSOLIDATION. (a) Server Utilization.--Each covered agency may use the following methods to achieve the maximum server utilization possible as determined by the Federal Chief Information Officer: (1) The closing of existing data centers that lack adequate server utilization, as determined by the Federal Chief Information Officer. If the agency fails to close such data centers, the agency shall provide a detailed explanation as to why this data center should remain in use as part of the submitted plan. The Federal Chief Information Officer shall include an assessment of the agency explanation in the annual report to Congress. (2) The consolidation of services within existing data centers to increase server utilization rates. (3) Any other method that the Federal Chief Information Officer, in consultation with the chief information officers of covered agencies, determines necessary to optimize server utilization. (b) Power Usage Effectiveness.--Each covered agency may use the following methods to achieve the maximum energy efficiency possible as determined by the Federal Chief Information Officer: (1) The use of the measurement of power usage effectiveness to calculate data center energy efficiency. (2) The use of power meters in data centers to frequently measure power consumption over time. (3) The establishment of power usage effectiveness goals for each data center. (4) The adoption of best practices for managing-- (A) temperature and airflow in data centers; and (B) power supply efficiency. (5) The implementation of any other method that the Federal Chief Information Officer, in consultation with the Chief Information Officers of covered agencies, determines necessary to optimize data center energy efficiency. SEC. 205. COST SAVINGS RELATED TO DATA CENTER OPTIMIZATION. (a) Requirement To Track Costs.-- (1) In general.--Each covered agency shall track costs resulting from implementation of the Federal Data Center Optimization Initiative within the agency and submit a report on those costs annually to the Federal Chief Information Officer. Covered agencies shall determine the net costs from data consolidation on an annual basis. (2) Factors.--In calculating net costs each year under paragraph (1), a covered agency shall use the following factors: (A) Energy costs. (B) Personnel costs. (C) Real estate costs. (D) Capital expense costs. (E) Operating system, database, and other software license expense costs. (F) Other appropriate costs, as determined by the agency in consultation with the Federal Chief Information Officer. (b) Requirement To Track Savings.-- (1) In general.--Each covered agency shall track savings resulting from implementation of the Federal Data Center Optimization Initiative within the agency and submit a report on those savings annually to the Federal Chief Information Officer. Covered agencies shall determine the net savings from data consolidation on an annual basis. (2) Factors.--In calculating net savings each year under paragraph (1), a covered agency shall use the following factors: (A) Energy savings. (B) Personnel savings. (C) Real estate savings. (D) Capital expense savings. (E) Operating system, database, and other software license expense savings. (F) Other appropriate savings, as determined by the agency in consultation with the Federal Chief Information Officer. (c) Requirement To Use Cost-Effective Measures.--Covered agencies shall use the most cost-effective measures to implement the Federal Data Center Optimization Initiative. (d) Use of Savings.--Any savings resulting from implementation of the Federal Data Center Optimization Initiative within a covered agency shall be used for the following purposes: (1) To offset the costs of implementing the Initiative within the agency. (2) To further enhance information technology capabilities and services within the agency. (e) Government Accountability Office Review.--Not later than 3 months after the date of the enactment of this Act, the Comptroller General of the United States shall examine methods for calculating savings from the Federal Data Center Optimization Initiative and using them for the purposes identified in subsection (d), including establishment and use of a special revolving fund that supports data centers and server optimization, and shall submit to the Federal Chief Information Officer and Congress a report on the Comptroller General's findings and recommendations. SEC. 206. REPORTING REQUIREMENTS TO CONGRESS AND THE FEDERAL CHIEF INFORMATION OFFICER. (a) Agency Requirement To Report to CIO.--Each year, each covered agency shall submit to the Federal Chief Information Officer a report on the implementation of the Federal Data Center Optimization Initiative, including savings resulting from such implementation. The report shall include an update of the agency's plan for implementing the Initiative. (b) Federal Chief Information Officer Requirement To Report to Congress.--Each year, the Federal Chief Information Officer shall submit to the relevant congressional committees a report that assesses agency progress in carrying out the Federal Data Center Optimization Initiative and updates the plan under section 113. The report may be included as part of the annual report required under section 3606 of title 44, United States Code. SEC. 207. REDUCTION AND CONSOLIDATION OF DATA CENTERS. (a) OMB Recommendation.--Not later than 6 months after the date of the enactment of this Act, the Director of the Office of Management and Budget, in consultation with the Administrator of General Services and the heads of other executive agencies, shall issue recommendations for reducing or consolidating the number of Federal data centers in existence as of the date of the enactment of this Act-- (1) by at least 40 percent not later than September 30, 2018; and (2) by at least 80 percent not later than September 30, 2023. (b) Reduction of Data Centers.--Not later than 6 months after the issuance of recommendations by the Director under subsection (a), the head of each executive agency shall implement the recommendations by reducing the number of Federal data centers in accordance with such recommendations. Subtitle B--Repeal of Duplicative Catfish Inspection Program SECTION 211. REPEAL OF DUPLICATIVE CATFISH INSPECTION PROGRAM. (a) In General.--Effective on the date of the enactment of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8701 et seq.), section 11016 of such Act (Public Law 110-246; 122 Stat. 2130) and the amendments made by such section are repealed. (b) Application.--The Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) and the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) shall be applied and administered as if section 11016 (Public Law 110-246; 122 Stat. 2130) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8701 et seq.) and the amendments made by such section had not been enacted. Subtitle C--Closing Empty Bank Accounts SEC. 221. DOCUMENTING AND CLOSING LONG-EMPTY FEDERAL BANK ACCOUNTS. (a) Inspectors General Report.--Not later than 6 months after the date of the enactment of this Act, the Council of the Inspectors General on Integrity and Efficiency shall submit to Congress a report that-- (1) lists each bank account held by the United States Government that has a balance of zero dollars for 180 days or more; and (2) recommends which of these accounts should be immediately closed. (b) Closure of Accounts Required.--Not later than 7 days after the report is submitted under subsection (a), the head of each agency with a bank account recommended for closure in the report described in subsection (a) shall close each such account that is managed by the agency. (c) Agency Defined.--In this section, the term ``agency'' has the meaning given that term in section 551 of title 5, United States Code.

Deficit Reduction for Infrastructure, Value, and Efficiency Now Act of 2014 or the DRIVE Now Act of 2014 - Appropriates additional funding for the Highway Account in the Highway Trust Fund. Requires the Federal Chief Information Officer (defined as the Administrator of the Office of Electronic Government in the Office of Management and Budget [OMB]) to: (1) develop and implement the Federal Data Center Optimization Initiative to optimize the usage and efficiency of federal data centers, and (2) submit a plan to Congress for the implementation of the Initiative Sets forth permissible methods for agencies to consolidate data centers and achieve maximum server utilization and energy efficiency. Requires agencies to track their costs and savings resulting from implementation of the Initiative and to report annually to the Federal Chief Information Officer on such implementation. Directs the Comptroller General (GAO) to examine methods for calculating savings from the Initiative and to report findings and make recommendations to the Federal Chief Information Officer and to Congress. Requires the Federal Chief Information Officer to report annually to relevant congressional committees assessing agency progress in carrying out the Initiative. Directs the OMB Director to issue recommendations for reducing or consolidating the number of federal data centers by at least 40% not later than September 30, 2018, and by at least 80% not later than September 30, 2023. Repeals a provision of the Food, Conservation, and Energy Act of 2008 establishing an inspection and grading program for catfish and other species of farm-raised fish or shellfish effective on the date of enactment of such Act. Directs the Council of the Inspectors General on Integrity and Efficiency to submit a report to Congress that lists each bank account held by the federal government that has had a zero balance for 180 days, with recommendations as to which accounts should be immediately closed. Requires the closure of any accounts recommended for closure within 7 days after the submission of such report.

DRIVE Now Act of 2014

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Geriatric Care Act of 2003''. (b) Table of Contents.-- Sec. 1. Short title; table of contents. Sec. 2. Extension of eligibility periods for geriatric graduate medical education. Sec. 3. Disregard of certain geriatric residents against graduate medical education limitations. Sec. 4. Medicare coverage of care coordination and assessment services. SEC. 2. EXTENSION OF ELIGIBILITY PERIODS FOR GERIATRIC GRADUATE MEDICAL EDUCATION. (a) Direct GME.--Section 1886(h)(5)(G) of the Social Security Act (42 U.S.C. 1395ww(h)(5)(G)) is amended by adding at the end the following new clause: ``(vi) Geriatric residency and fellowship programs.--In the case of an individual enrolled in a geriatric residency or fellowship program approved by the Secretary for purposes of subparagraph (A), the period of board eligibility and the initial residency period shall be the period of board eligibility for the subspecialty involved, plus 1 year.''. (b) Conforming Amendment.--Section 1886(h)(5)(F) of the Social Security Act (42 U.S.C. 1395ww(h)(5)(F)) is amended by striking ``subparagraph (G)(v)'' and inserting ``clauses (v) and (vi) of subparagraph (G)''. (c) Effective Date.--The amendments made by this section shall apply to cost reporting periods beginning on or after the date that is 6 months after the date of enactment of this Act. SEC. 3. DISREGARD OF CERTAIN GERIATRIC RESIDENTS AGAINST GRADUATE MEDICAL EDUCATION LIMITATIONS. (a) Direct GME.--Section 1886(h)(4)(F) of the Social Security Act (42 U.S.C. 1395ww(h)(4)(F)) is amended by adding at the end the following new clause: ``(iii) Increase in limitation for geriatric fellowships.--For cost reporting periods beginning on or after the date that is 6 months after the date of enactment of the Geriatric Care Act of 2003, in applying the limitations regarding the total number of full- time equivalent residents in the field of allopathic or osteopathic medicine under clause (i) for a hospital, rural health clinic, or Federally qualified health center, the Secretary shall not take into account a maximum of 3 residents enrolled in a fellowship or residency in geriatric medicine or geriatric psychiatry within an approved medical residency training program to the extent that the hospital, rural health clinic, or Federally qualified health center increases the number of such residents above the number of such residents for the hospital's, rural health clinic's, or Federally qualified health center's most recent cost reporting period ending before the date that is 6 months after the date of enactment of such Act.''. (b) Indirect GME.--Section 1886(d)(5)(B) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(B)) is amended by adding at the end the following new clause: ``(ix) Clause (iii) of subsection (h)(4)(F), insofar as such clause applies with respect to hospitals, shall apply to clause (v) in the same manner and for the same period as such clause (iii) applies to clause (i) of such subsection.''. SEC. 4. MEDICARE COVERAGE OF CARE COORDINATION AND ASSESSMENT SERVICES. (a) Part B Coverage of Care Coordination and Assessment Services.-- Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (1) in subparagraph (U), by striking ``and'' at the end; (2) in subparagraph (V)(iii), by adding ``and'' after the semicolon at the end; and (3) by adding at the end the following new subparagraph: ``(W) care coordination and assessment services (as defined in subsection (ww)).''. (b) Care Coordination and Assessment Services Defined.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``Care Coordination and Assessment Services; Individual With a Serious and Disabling Chronic Condition; Care Coordinator ``(ww)(1) The term `care coordination and assessment services' means services that are furnished to an individual with a serious and disabling chronic condition (as defined in paragraph (2)) by a care coordinator (as defined in paragraph (3)) under a plan of care prescribed by such care coordinator for the purpose of care coordination and assessment, which may include any of the following services: ``(A)(i)(I) An initial assessment of an individual's medical condition, functional and cognitive capacity, and environmental and psychosocial needs. ``(II) Annual assessments after the initial assessment performed under subclause (I), unless the physician or care coordinator of the individual determines that additional assessments are required due to sentinel health events or changes in the health status of the individual that may require changes in plans of care developed for the individual. ``(ii) The development of an initial plan of care, and subsequent appropriate revisions to that plan of care. ``(iii) The management of, and referral for, medical and other health services, including multidisciplinary care conferences and coordination with other providers. ``(iv) The monitoring and management of medications. ``(v) Patient education and counseling services. ``(vi) Family caregiver education and counseling services. ``(vii) Self-management services, including health education and risk appraisal to identify behavioral risk factors through self-assessment. ``(viii) Providing access for consultations by telephone with physicians and other appropriate health care professionals, including 24-hour availability of such professionals for emergency consultations. ``(ix) Coordination with the principal nonprofessional caregiver in the home. ``(x) Managing and facilitating transitions among health care professionals and across settings of care, including the following: ``(I) Pursuing the treatment option elected by the individual. ``(II) Including any advance directive executed by the individual in the medical file of the individual. ``(xi) Activities that facilitate continuity of care and patient adherence to plans of care. ``(xii) Information about, and referral to, hospice services, including patient and family caregiver education and counseling about hospice, and facilitating transition to hospice when elected. ``(xiii) Such other medical and health care services for which payment would not otherwise be made under this title as the Secretary determines to be appropriate for effective care coordination, including the additional items and services as described in subparagraph (B). ``(B) The Secretary may specify additional benefits for which payment would not otherwise be made under this title that may be available to eligible beneficiaries who have made an election under this section (subject to an assessment by the care coordinator of an individual beneficiary's circumstances and need for such benefits) in order to encourage the receipt of, or to improve the effectiveness of, care coordination services. ``(2) For purposes of this subsection, the term `individual with a serious and disabling chronic condition' means an individual who a care coordinator annually certifies-- ``(A) is unable to perform (without substantial assistance from another individual) at least 2 activities of daily living (as defined in paragraph (4)) for a period of at least 60 days due to a loss of functional capacity; ``(B) has a level of disability similar to the level of disability described in subparagraph (A) (as determined under regulations promulgated by the Secretary); ``(C) has a complex medical condition (as defined by the Secretary) that requires medical management and coordination of care; or ``(D) requires substantial supervision to protect such individual from threats to health and safety due to a severe cognitive impairment (as defined by the Secretary) or mental condition (as defined by the Secretary). ``(3)(A) For purposes of this subsection, the term `care coordinator' means an individual or entity that-- ``(i) is-- ``(I) a physician (as defined in subsection (r)(1)); or ``(II) a practitioner described in section 1842(b)(18)(C) or an entity that meets such conditions as the Secretary may specify (which may include physicians, physician group practices, or other health care professionals or entities the Secretary may find appropriate) working in collaboration with a physician; ``(ii) has entered into a care coordination agreement with the Secretary; and ``(iii) meets such other criteria as the Secretary may establish (which may include experience in the provision of care coordination or primary care physicians' services). ``(B) For purposes of subparagraph (A)(ii), each care coordination agreement shall-- ``(i) be entered into for a period of 1 year and may be renewed if the Secretary is satisfied that the care coordinator continues to meet the conditions of participation specified in subparagraph (A); ``(ii) assure that the care coordinator will submit reports to the Secretary on the functional and medical status of individuals with a chronic and disabling condition who receive care coordination services, expenditures relating to such services, and health outcomes relating to such services, except that the Secretary may not require a care coordinator to submit more than 1 such report during a year; and ``(iii) contain such other terms and conditions as the Secretary may require. ``(4) For purposes of this subsection, the term `activities of daily living' means each of the following: ``(A) Eating. ``(B) Toileting. ``(C) Transferring. ``(D) Bathing. ``(E) Dressing. ``(F) Continence. ``(5) Rural health clinics and Federally qualified health centers shall be eligible sites at which care coordination and assessment services may be provided.''. (c) Payment and Elimination of Coinsurance.-- (1) In general.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended-- (A) by striking ``and'' before ``(U)''; and (B) by inserting before the semicolon at the end the following: ``, and (V) with respect to care coordination and assessment services described in section 1861(s)(2)(W), the amounts paid shall be 100 percent of the lesser of the actual charge for the service or the amount determined under the payment basis determined under section 1848 by the Secretary for such service''. (2) Payment under physician fee schedule.--Section 1848(j)(3) of the Social Security Act (42 U.S.C. 1395w-4(j)(3)) is amended by inserting ``(2)(W),'' after ``(2)(S),''. (3) Elimination of coinsurance in outpatient hospital settings.--The third sentence of section 1866(a)(2)(A) of the Social Security Act (42 U.S.C. 1395cc(a)(2)(A)) is amended by inserting after ``1861(s)(10)(A)'' the following: ``, with respect to care coordination and assessment services (as defined in section 1861(ww)(1)),''. (d) Application of Limits on Billing.--Section 1842(b)(18)(C) of the Social Security Act (42 U.S.C. 1395u(b)(18)(C)) is amended by adding at the end the following new clause: ``(vii) A care coordinator (as defined in section 1861(ww)(3)) that is not a physician.''. (e) Exception to Limits on Physician Referrals.--Section 1877(b) of the Social Security Act (42 U.S.C. 1395nn(b)) is amended-- (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following new paragraph: ``(4) Private sector purchasing and quality improvement tools for original medicare.--In the case of a designated health service, if the designated health service is-- ``(A) a care coordination and assessment service (as defined in section 1861(ww)(1)); and ``(B) provided by a care coordinator (as defined in paragraph (3) of such section).''. (f) Rulemaking.--The Secretary of Health and Human Services shall define such terms and establish such procedures as the Secretary determines necessary to implement the provisions of this section. (g) Effective Date.--The amendments made by this section shall apply to care coordination and assessment services furnished on or after January 1, 2004.

Geriatric Care Act of 2003 - Amends title XVIII (Medicare) of the Social Security Act (SSA) with respect to payments to hospitals, rural health clinics, or Federally qualified health centers for direct graduate medical education (GME) costs and the limitation on the number of full-time-equivalent residents in allopathic and osteopathic medicine. Provides for the disregard of up to three geriatric residents in applying such limitation. Extends the eligibility period for GME payment for geriatric fellowship training.Amends SSA title XVIII to provide for Medicare coverage of care coordination and assessment services to an individual with a serious and disabling chronic condition.

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

SECTION 1. SHORT TITLE; PURPOSES. (a) Short Title.--This Act may be cited as the ``Medicare Home Infusion Therapy Act of 2001''. (b) Purpose.--The purposes of this Act are to ensure that medicare beneficiaries-- (1) have the choice of receiving infusion drug therapies in the home when clinically appropriate rather than in an inpatient setting; and (2) are receiving high quality, safe, and efficient care with respect to home infusion drug therapies. SEC. 2. COVERAGE OF AND PAYMENT FOR HOME INFUSION DRUG THERAPY SERVICES. (a) Coverage.-- (1) In general.--Section 1861(s) of the Social Security Act (42 U.S.C. 1395x(s)) is amended-- (A) in the second sentence, by redesignating paragraphs (16) and (17) as clauses (i) and (ii); and (B) in the first sentence-- (i) by striking ``and'' at the end of paragraph (14); (ii) by striking the period at the end of paragraph (15) and inserting ``; and''; and (iii) by adding after paragraph (15) the following new paragraph: ``(16) home infusion drug therapy services (as defined in subsection (ww).''. (2) Conforming amendments.--Sections 1864(a) 1902(a)(9)(C), and 1915(a)(1)(B)(ii)(I) of such Act (42 U.S.C. 1395aa(a), 1396a(a)(9)(C), and 1396n(a)(1)(B)(ii)(I)) are each amended by striking ``paragraphs (16) and (17)'' each place it appears and inserting ``clauses (i) and (ii) of the second sentence''. (b) Home Infusion Drug Therapy Defined.--Section 1861 of such Act (42 U.S.C. 1395x), as amended by sections 102 and 105 of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (114 Stat. 2763A-468, 471), as enacted into law by section 1(a)(6) of Public Law 106-554, is amended by adding at the end the following new subsection: ``Home Infusion Drug Therapy Services ``(ww)(1) The term `home infusion drug therapy services' means-- ``(A) pharmacy, nursing, and related items and services (including medical supplies, intravenous fluids, drugs described in section 1834(n), home delivery, equipment, and other items and services the Secretary determines appropriate) to administer infusion drug therapies to an individual safely and effectively in the home in conformance with clinical standards of care established by the Secretary; ``(B) that are furnished by a qualified supplier via an intravenous, intra-arterial or intrathecal access device inserted into the body; and ``(C) provided under a plan of care established and periodically reviewed by a physician. ``(2) In paragraph (1)-- ``(A) the term `home' means a place of residence used as an individual's home (or a provider of services used as the individual's home if the drug is administered during a period of inpatient stay for which payment is not made to the provider of services under part A); and ``(B) the term `qualified supplier' means any entity that meets such requirements as the Secretary determines are necessary to ensure the safe and effective provision of home infusion drug therapy services.''. (c) Payment.-- (1) Establishment of fee schedule.--Section 1834 of the Social Security Act (42 U.S.C. 1395l), as amended by section 223(b) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (114 Stat. 2763A-487), as enacted into law by section 1(a)(6) of Public Law 106-554, is amended by adding at the end the following new subsection: ``(n) Home Infusion Drug Therapy Services.-- ``(1) Establishment of fee schedule.-- The Secretary shall establish by regulation before the beginning of 2002 and each succeeding year a fee schedule for home infusion drug therapy services for which payment is made under this part. In so doing, the Secretary shall ensure the adequacy of aggregate payments for the drug and nondrug components of home infusion drug therapy, consistent with the requirements of paragraphs (2) and (3). ``(2) Requirements.--The Secretary shall ensure that the coverage, reimbursement, and standards for covered home infusion drug therapy services adequately reflect the various components of care (including the services, drugs, supplies, equipment, and related costs) necessary to ensure the safe and effective provision of home infusion drug therapy. In so doing, the Secretary shall-- ``(A) take into account the definitions, requirements, and clinical standards commonly used for home infusion drug therapy by private health plans and accrediting organizations; ``(B) ensure the adequacy of the aggregate payment levels for home infusion drug therapy services, without regard to whether payments for drug and nondrug components are bundled or partially bundled by the Secretary; ``(C) ensure that sufficient numbers of geographically distributed and qualified home infusion drug therapy providers participate in the part B program so that enrolled beneficiaries have meaningful access to home infusion drug therapy services provided in accordance with the established quality of care standards; and ``(D) consult with providers and trade associations specializing in home infusion drug therapy. ``(3) Publication of list of covered home infusion drugs.-- Not later than January 1, 2002 (and quarterly thereafter), the Secretary shall publish a list of the drugs, and indications for such drugs, that are covered home infusion drugs, with respect to which home infusion drug therapy may be provided under this title. This list shall include the following: ``(A) All intravenous antibiotic drugs unless the Secretary has determined for a specific drug and indication that the drug cannot generally be administered safely and effectively in a home setting. ``(B) All infusion drug therapies requiring an external infusion pump for safe and effective administration that were, as of June 30, 2001, covered by reason of 1861(s)(6). ``(C) Parenterally administered blood-derived products. ``(D) Any other infusion drug for which the Secretary has determined that, with respect to a specific drug or the indication to which the drug is applied, the drug can be administered safely and effectively in the home (as defined in section 1861(ww)(2)(A).''. (2) Conforming amendments.--(A) Section 1833(a)(1) of such Act (42 U.S.C. 1395l(1)), as amended by sections 105(c) and 223(c) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (114 Stat. 2763A-YYY472, 489), as enacted into law by section 1(a)(6) of Public Law 106- 554, is amended-- (i) by striking ``and (U)'' and inserting ``(U)''; and (ii) by inserting before the semicolon at the end the following: ``, and (V) with respect to home infusion drug therapy services (as defined in section 1861(ww)(1)), the amounts paid shall be 80 percent of the lesser of the actual charge or the amount determined under the fee schedule established under section 1834(n)''. (B) The first sentence of section 1862(a) of such Act (42 U.S.C. 1395y(a)) is amended-- (i) by striking ``or'' at the end of paragraph (20); (ii) by striking the period at the end of paragraph (21) and inserting ``; or''; and (iii) by inserting after paragraph (21) the following new paragraph: ``(22) in the case of home infusion drug therapy services under section 1861(ww)-- ``(A) that are not furnished in the home (as defined in paragraph (2)(A) of that section; ``(B) that do not meet the standards of clinical care established by the Secretary; ``(C) that include drugs not listed under section 1834(n)(3); ``(D) that are items and services other than items and services that Secretary determines appropriate under that section; and ``(E) for which payment may be made under this title other than under section 1833(a)(1)(V).''. (d) Exclusion From Definition of Durable Medical Equipment.-- Section 1861(n) of such Act (42 U.S.C. 1395x(n)) is amended by adding at the end the following: ``Such term does not include home infusion drug therapy services (as defined in subsection (ww)).''. (e) Effective Date.--The amendments made by this section shall apply to items and services furnished on or after January 1, 2002. The Secretary shall publish a rule under this subsection in the Federal Register by not later than the January 1, 2002. Such rule shall be effective and final immediately on an interim basis, but is subject to change and revision after public notice and opportunity for a period (of not less than 60 days) for public comment.

Medicare Home Infusion Therapy Act of 2001 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to provide for coverage of home infusion drug therapy services.

To amend title XVIII of the Social Security Act to provide for coverage of home infusion drug therapies under the Medicare Program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Regulatory Cost Relief Act of 1993''. SEC. 2. TAX CREDIT FOR CERTAIN REGULATORY COSTS. (a) General Rule.--Section 44 of the Internal Revenue Code of 1986 is amended to read as follows: ``SEC. 44. SMALL BUSINESS REGULATORY COSTS. ``(a) General Rule.--For purposes of section 38, in the case of a qualified small business, the regulatory cost credit determined under this section for any taxable year is 50 percent of so much of the qualified regulatory costs for the taxable year as exceed $250. ``(b) Qualified Small Business.--For purposes of this section, the term `qualified small business' means any person if-- ``(1)(A) such person is a small business concern as defined in section 3(a) of the Small Business Act and the regulations thereunder, or ``(B) a certification that such person is a small business concern under section 8(b)(6) of the Small Business Act (15 U.S.C. 637(b)(6)) is in effect as of the close of the taxable year, and ``(2) such person elects the application of this section for the taxable year. ``(c) Qualified Regulatory Costs.--For purposes of this section-- ``(1) In general.--The term `qualified regulatory costs' means the sum of the following amounts paid or incurred during the taxable year: ``(A) The federally required nonproductive expenditures. ``(B) The product approval costs. ``(2) Federally required nonproductive expenditures.-- ``(A) In general.--The term `federally required nonproductive expenditure' means any amount which is paid or incurred by the taxpayer in connection with any plant or other property operated by the taxpayer and which-- ``(i) is certified by the Federal certifying authority to the Secretary as being necessary or appropriate for the operation of such plant or property to be in compliance with-- ``(I) the requirements of any regulation issued pursuant to any Federal law, or ``(II) the requirements of any regulation issued pursuant to a State law which was adopted to meet a requirement of such Federal law; ``(ii) does not significantly-- ``(I) increase the output or capacity, extend the useful life, or reduce the total operating costs of any property, or ``(II) alter the nature of any manufacturing or production process, and ``(iii) cannot reasonably be expected to be recovered over its useful life by reason of profits derived through the recovery of wastes or otherwise. ``(B) Expenses with respect to new property not eligible.--The term `federally required nonproductive expenditure' does not include any amount paid or incurred in connection with any property first placed in service after the later of-- ``(i) the date on which the regulation became final, or ``(ii) the date of the enactment of the Small Business Regulatory Cost Relief Act of 1993. ``(C) Federal certifying authority.--The term `Federal certifying authority' means the head of the Federal agency which has the primary jurisdiction over the Federal law referred to in subparagraph (A)(i)(I). ``(3) Product approval costs.--The term `product approval costs' means amounts paid or incurred by the taxpayer in connection with determining the safety or effectiveness of any product or service in order to comply with the requirements of any Federal law. ``(d) Special Rules.-- ``(1) Treatment of expenditures to provide access to disabled individuals.--For purposes of this section, the term `qualified regulatory costs' includes any eligible access expenditures as defined in this section as in effect on the day before the date of the enactment of the Small Business Regulatory Cost Relief Act of 1993. ``(2) Denial of double benefit.--If a credit is determined under this section with respect to any qualified regulatory cost-- ``(A) no deduction or credit shall be allowed under any other provision of this chapter for the credit portion of such cost, and ``(B) no increase in the adjusted basis of any property shall result from the credit portion of such cost. For purposes of the preceding sentence, the term `credit portion' means, with respect to any qualified regulatory cost for any taxable year, the amount which bears the same ratio to the credit determined under this section for such taxable year as the amount of such cost bears to the entire amount of qualified regulatory costs for such taxable year.'' (b) Credit Part of General Business Credit.--Paragraph (7) of section 38(b) of such Code is amended to read as follows: ``(7) in the case of a qualified small business (as defined in section 44(b)), the regulatory cost credit determined under section 44(a), plus.'' (c) Conforming Amendment.--The paragraph of section 39(d) of such Code which relates to the credit under section 44 is amended by adding at the end thereof the following new sentence: ``No portion of the unused business credit for any taxable year which is attributable to the additional credit determined under section 44 by reason of the Small Business Regulatory Cost Relief Act of 1993 may be carried back to taxable year ending before the date of the enactment of such Act.'' (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 striking the item relating to section 44 and inserting the following: ``Sec. 44. Small business regulatory costs.'' (e) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act in taxable years ending after such date of enactment.

Small Business Regulatory Cost Relief Act of 1993 - Amends the Internal Revenue Code to replace the small business tax credit for expenditures to provide access to disabled individuals with the small business tax credit for regulatory costs. Makes such credit 50 percent of qualified regulatory costs for a taxable year as exceed $250. Declares that such costs include eligible access expenditures for the disabled.

Small Business Regulatory Cost Relief Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Russian World Trade Organization Commitments Verification Act of 2012''. SEC. 2. DEFINITIONS. In this Act: (1) World trade organization; wto.--The terms ``World Trade Organization'' and ``WTO'' mean the organization established pursuant to the WTO Agreement. (2) WTO agreement.--The term ``WTO Agreement'' means the Agreement Establishing the World Trade Organization entered into on April 15, 1994. SEC. 3. REPORTS ON COMMITMENTS UNDER THE PROTOCOL ON THE ACCESSION OF THE RUSSIAN FEDERATION TO THE WTO AGREEMENT. (a) Initial Report.--Not later than 90 days after the date on which an Act of Congress authorizing the extension of permanent normal trade relations treatment to products of the Russian Federation takes effect, the United States Trade Representative shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives and publish in the Federal Register a report that-- (1) describes the commitments of the Russian Federation under the protocol on the accession of the Russian Federation to the WTO Agreement; and (2) sets forth the date by which that protocol requires each such commitment to be implemented. (b) Annual Reports.-- (1) In general.--Not later than December 31 of each calendar year that begins after the date on which an Act of Congress referred to in subsection (a) takes effect, the United States Trade Representative shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives and publish in the Federal Register a report covering the period described in paragraph (2) that-- (A) describes the actions taken by the Russian Federation to comply with each commitment of the Russian Federation under the protocol on the accession of the Russian Federation to the WTO Agreement that the Trade Representative determines has a significant effect on United States commerce; (B) identifies any commitment described in subparagraph (A) that the Trade Representative determines the Russian Federation is not implementing or is not making progress toward implementing in a timely or effective manner; (C)(i) describes any actions taken by the Trade Representative under section 4(a) to obtain the full compliance of the Russian Federation with each commitment identified under subparagraph (B); or (ii) if the Trade Representative has determined under section 4(b) that it is not in the national interests of the United States to obtain the full compliance of the Russian Federation with any such commitment, describes the reasons for that determination; and (D) describes any actions the Trade Representative has taken pursuant to a request made by the Committee on Finance of the Senate or the Committee on Ways and Means of the House of Representatives under section 4(c). (2) Period described.--The period described in this paragraph is-- (A) in the case of the first report submitted under paragraph (1), the period beginning on the date on which the report required by subsection (a) was submitted and ending on the date on which the report required by paragraph (1) is submitted; and (B) in the case of any subsequent report submitted under paragraph (1), the one-year period preceding the submission of the report. SEC. 4. ACTION BY THE UNITED STATES TRADE REPRESENTATIVE. (a) In General.--Except as provided in subsection (b), the United States Trade Representative shall, in consultation with appropriate Federal agencies, take appropriate action to obtain the full compliance of the Russian Federation with each commitment identified under section 3(b)(1)(B). (b) Determination Not To Take Action.--The United States Trade Representative may determine not to take action under subsection (a) to obtain the full compliance of the Russian Federation with a commitment identified under section 3(b)(1)(B) if the Trade Representative-- (1) determines that it is not in the national interests of the United States to obtain the full compliance of the Russian Federation with that commitment; and (2) submits to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report that describes in detail the reasons for that determination. (c) Requests From Congress.-- (1) In general.--The Committee on Finance of the Senate or the Committee on Ways and Means of the House of Representatives may request the United States Trade Representative to take action to obtain the full compliance of the Russian Federation with-- (A) a commitment identified by the Trade Representative under section 3(b)(1)(B) and with respect to which the Trade Representative has made a determination under subsection (b) not to take action if the Committee determines that it is in the national interests of the United States to obtain the full compliance of the Russian Federation with that commitment; or (B) a commitment of the Russian Federation under the protocol on the accession of the Russian Federation to the WTO Agreement not identified by the Trade Representative under section 3(b)(1)(B) if the Committee determines that the Russian Federation is not implementing the commitment or is not making progress toward implementing the commitment in a timely or effective manner. (2) Report required.--Not later than 15 days after receiving a request under paragraph (1) from the Committee on Finance of the Senate or the Committee on Ways and Means of the House of Representatives to take appropriate action to obtain the full compliance of the Russian Federation with a commitment described in subparagraph (A) or (B) of that paragraph, the Trade Representative shall submit to those committees and publish in the Federal Register a report that-- (A) describes the action the Trade Representative has taken or will take to obtain the full compliance of the Russian Federation with that commitment; or (B) if the Trade Representative determines not to take action to obtain the full compliance of the Russian Federation with that commitment-- (i) describes in detail the reasons for that determination; and (ii) identifies the economic interests in the United States that would be adversely affected if the Trade Representative took action to obtain the full compliance of the Russian Federation with that commitment. SEC. 5. PUBLIC PARTICIPATION. The United States Trade Representative shall seek public participation in developing the reports required by section 3 and determining under section 4(a) what action, if any, it is appropriate to take with respect to a commitment identified under section 3(b)(1)(B), by, before submitting such a report or making a determination to take such action-- (1) publishing a notice in the Federal Register with respect to the content of the report or the action the Trade Representative is considering taking, as the case may be; and (2) holding a public hearing with respect to the report or the action, as the case may be.

Russian World Trade Organization Commitments Verification Act of 2012 - Directs the U.S. Trade Representative (USTR), within 90 days after the effective date of an Act of Congress authorizing the extension of permanent normal trade relations treatment to products of the Russian Federation, to report to Congress on: (1) Russian Federation commitments under the protocol on the accession of the Russian Federation to the World Trade Organization (WTO) Agreement, and (2) the date by which that protocol requires each such commitment to be implemented. Requires the USTR to report annually to Congress on: (1) actions taken by the Russian Federation to comply with its commitments under the protocol that has a significant effect on U.S. commerce, (2) any commitment the Federation is not implementing or is not making progress toward implementing in a timely manner, and (3) any actions taken by the USTR to obtain Russian Federation compliance with its commitments. Directs the USTR to take appropriate action to obtain Russian Federation compliance with commitments it is not implementing or is not making progress toward implementing in a timely manner. Authorizes the USTR, however, not to take any action if it is not in the U.S. national interest. Requires the USTR to seek public participation in developing such reports and in determining what action, if any, to take with respect to any commitment the Russian Federation is not implementing or is not making progress toward implementing in a timely manner.

To require the United States Trade Representative to take action to obtain the full compliance of the Russian Federation with its commitments under the protocol on the accession of the Russian Federation to the Agreement Establishing the World Trade Organization, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Emergency Access Care Hospital Act of 1995''. SEC. 2. RURAL EMERGENCY ACCESS CARE HOSPITALS DESCRIBED. (a) In General.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``Rural Emergency Access Care Hospital; Rural Emergency Access Care Hospital Services ``(oo)(1) The term `rural emergency access care hospital' means, for a fiscal year, a facility with respect to which the Secretary finds the following: ``(A) The facility is located in a rural area (as defined in section 1886(d)(2)(D)). ``(B) The facility was a hospital under this title at any time during the 5-year period that ends on the date of the enactment of this subsection. ``(C) The facility is in danger of closing due to low inpatient utilization rates and negative operating losses, and the closure of the facility would limit the access of individuals residing in the facility's service area to emergency services. ``(D) The facility has entered into (or plans to enter into) an agreement with a hospital with a participation agreement in effect under section 1866(a), and under such agreement the hospital shall accept patients transferred to the hospital from the facility and receive data from and transmit data to the facility. ``(E) There is a practitioner who is qualified to provide advanced cardiac life support services (as determined by the State in which the facility is located) on-site at the facility on a 24-hour basis. ``(F) A physician is available on-call to provide emergency medical services on a 24-hour basis. ``(G) The facility meets such staffing requirements as would apply under section 1861(e) to a hospital located in a rural area, except that-- ``(i) the facility need not meet hospital standards relating to the number of hours during a day, or days during a week, in which the facility must be open, except insofar as the facility is required to provide emergency care on a 24-hour basis under subparagraphs (E) and (F); and ``(ii) the facility may provide any services otherwise required to be provided by a full-time, on- site dietician, pharmacist, laboratory technician, medical technologist, or radiological technologist on a part time, off-site basis. ``(H) The facility meets the requirements applicable to clinics and facilities under subparagraphs (C) through (J) of paragraph (2) of section 1861(aa) and of clauses (ii) and (iv) of the second sentence of such paragraph (or, in the case of the requirements of subparagraph (E), (F), or (J) of such paragraph, would meet the requirements if any reference in such subparagraph to a `nurse practitioner' or to `nurse practitioners' was deemed to be a reference to a `nurse practitioner or nurse' or to `nurse practitioners or nurses'); except that in determining whether a facility meets the requirements of this subparagraph, subparagraphs (E) and (F) of that paragraph shall be applied as if any reference to a `physician' is a reference to a physician as defined in section 1861(r)(1). ``(2) The term `rural emergency access care hospital services' means the following services provided by a rural emergency access care hospital: ``(A) An appropriate medical screening examination (as described in section 1867(a)). ``(B) Necessary stabilizing examination and treatment services for an emergency medical condition and labor (as described in section 1867(b)).''. (b) Requiring Rural Emergency Access Care Hospitals to Meet Hospital Anti-Dumping Requirements.--Section 1867(e)(5) of such Act (42 U.S.C. 1395dd(e)(5)) is amended by striking ``1861(mm)(1))'' and inserting ``1861(mm)(1)) and a rural emergency access care hospital (as defined in section 1861(oo)(1))''. SEC. 3. COVERAGE OF AND PAYMENT FOR SERVICES. (a) Coverage Under Part B.--Section 1832(a)(2) of the Social Security Act (42 U.S.C. 1395k(a)(2)) is amended-- (1) by striking ``and'' at the end of subparagraph (I); (2) by striking the period at the end of subparagraph (J) and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(K) rural emergency access care hospital services (as defined in section 1861(oo)(2)).''. (b) Payment Based on Payment for Outpatient Rural Primary Care Hospital Services.-- (1) In general.--Section 1833(a)(6) of the Social Security Act (42 U.S.C. 1395l(a)(6)) is amended by striking ``services,'' and inserting ``services and rural emergency access care hospital services,''. (2) Payment methodology described.--Section 1834(g) of such Act (42 U.S.C. 1395m(g)) is amended-- (A) in the heading, by striking ``Services'' and inserting ``Services and Rural Emergency Access Care Hospital Services''; and (B) by adding at the end the following new paragraph: ``(3) Application of methods to payment for rural emergency access care hospital services.--The amount of payment for rural emergency access care hospital services provided during a year shall be determined using the applicable method provided under this subsection for determining payment for outpatient rural primary care hospital services during the year.''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall apply to fiscal years beginning on or after October 1, 1995.

Rural Emergency Access Care Hospital Act of 1995 - Amends title XVIII (Medicare) of the Social Security Act to: (1) permit certain rural hospitals to serve as rural emergency access care hospitals; and (2) provide for coverage of rural emergency access care hospital services under Medicare part B.

Rural Emergency Access Care Hospital Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Design-Build Efficiency and Jobs Act of 2015''. SEC. 2. IMPROVEMENTS TO THE DESIGN-BUILD CONSTRUCTION PROCESS FOR CIVILIAN CONTRACTS. Section 3309 of title 41, United States Code, is amended-- (1) by amending subsection (b) to read as follows: ``(b) Criteria for Use.-- ``(1) Contracts with a value of at least $750,000.--Two- phase selection procedures shall be used for entering into a contract for the design and construction of a public building, facility, or work when a contracting officer determines that the contract has a value of $750,000 or greater. ``(2) Contracts with a value less than $750,000.--For projects that a contracting officer determines have a value of less than $750,000, the contracting officer shall make a determination whether two-phase selection procedures are appropriate for use for entering into a contract for the design and construction of a public building, facility, or work when-- ``(A) the contracting officer anticipates that 3 or more offers will be received for the contract; ``(B) design work must be performed before an offeror can develop a price or cost proposal for the contract; ``(C) the offeror will incur a substantial amount of expense in preparing the offer; and ``(D) the contracting officer has considered information such as-- ``(i) the extent to which the project requirements have been adequately defined; ``(ii) the time constraints for delivery of the project; ``(iii) the capability and experience of potential contractors; ``(iv) the suitability of the project for use of the two-phase selection procedures; ``(v) the capability of the agency to manage the two-phase selection process; and ``(vi) other criteria established by the agency.''; (2) by striking the second sentence in subsection (d) and inserting the following: ``The maximum number specified in the solicitation shall not be greater than 5 unless the head of the contracting activity (or a designee of the head who is in a position not lower than the supervisor of the contracting officer) approves the contracting officer's justification with respect to an individual solicitation that a specified number greater than 5 is in the Federal Government's interest. The contracting officer shall provide written documentation of how a maximum number greater than 5 is consistent with the purposes and objectives of the two-phase selection procedures.''; and (3) by adding at the end the following new subsection: ``(f) Annual Reports.-- ``(1) In general.--Not later than November 30 of each of the years 2016 through 2020, the head of each agency shall submit to the Director of the Office of Management and Budget an annual report containing each instance in which the agency awarded a design-build contract pursuant to section 3309 of this title, during the preceding fiscal year in which-- ``(A) more than 5 finalists were selected for phase-two requests for proposals; or ``(B) the contract was awarded without using two- phase selection procedures. ``(2) Public availability.--The Director of the Office of Management and Budget shall make available to the public, including on the Internet, the annual reports described in paragraph (1), and publish a notice of the availability of each report in the Federal Register.''. SEC. 3. IMPROVEMENTS TO THE DESIGN-BUILD CONSTRUCTION PROCESS FOR DEFENSE CONTRACTS. Section 2305a of title 10, United States Code, is amended-- (1) by amending subsection (b) to read as follows: ``(b) Criteria for Use.-- ``(1) Contracts with a value of at least $750,000.--Two- phase selection procedures shall be used for entering into a contract for the design and construction of a public building, facility, or work when a contracting officer determines that the contract has a value of $750,000 or greater. ``(2) Contracts with a value less than $750,000.--For projects that a contracting officer determines have a value of less than $750,000, the contracting officer shall make a determination whether two-phase selection procedures are appropriate for use for entering into a contract for the design and construction of a public building, facility, or work when-- ``(A) the contracting officer anticipates that 3 or more offers will be received for the contract; ``(B) design work must be performed before an offeror can develop a price or cost proposal for the contract; ``(C) the offeror will incur a substantial amount of expense in preparing the offer; and ``(D) the contracting officer has considered information such as-- ``(i) the extent to which the project requirements have been adequately defined; ``(ii) the time constraints for delivery of the project; ``(iii) the capability and experience of potential contractors; ``(iv) the suitability of the project for use of the two-phase selection procedures; ``(v) the capability of the agency to manage the two-phase selection process; and ``(vi) other criteria established by the agency.''; (2) by striking the second sentence in subsection (d) and inserting the following: ``The maximum number specified in the solicitation shall not be greater than 5 unless the head of the contracting activity (or a designee of the head who is in a position not lower than the supervisor of the contracting officer) approves the contracting officer's justification with respect to an individual solicitation that a specified number greater than 5 is in the Federal Government's interest.''; and (3) by adding at the end the following new subsection: ``(g) Annual Reports.-- ``(1) In general.--Not later than November 30 of each of the years 2016 through 2020, the Secretary of Defense shall submit to the Director of the Office of Management and Budget an annual report containing each instance in which the agency awarded a design-build contract pursuant to section 2305a of this title, during the preceding fiscal year in which-- ``(A) more than 5 finalists were selected for phase-two requests for proposals; or ``(B) the contract was awarded without using two- phase selection procedures. ``(2) Public availability.--The Director of the Office of Management and Budget shall make available to the public, including on the Internet, the annual reports described in paragraph (1), and publish a notice of the availability of each report in the Federal Register.''. SEC. 4. GOVERNMENT ACCOUNTABILITY OFFICE REPORT. Not later than 270 days after November 30, 2020, the Comptroller General of the United States shall issue a report analyzing the compliance of the various Federal agencies with the requirements of subsection (g) of section 2305a of title 10, United States Code (as added by subsection (b)(3)) and subsection (f) of section 3309 of title 41, United States Code (as added by subsection (a)(3)).

Design-Build Efficiency and Jobs Act of 2015 Modifies criteria for the use of design-build selection procedures for civilian and defense contracts for the design and construction of a public building, facility, or work. Requires the use of two-phase selection procedures (i.e., submission of qualifications and then the submission of price and technical proposals in response to a request for proposal) when a contracting officer determines that such a contract has a value of $750,000 or greater. Maintains current criteria for these contracts if a contracting officer determines that they have a value of less than $750,000. Requires the contracting officer to provide written documentation of how more than five finalists in a solicitation for a contract is consistent with the purposes and objectives of the two-phase selection procedures. Requires: (1) executive agencies to report on contracts for which more than five finalists were selected for phase-two requests or for which the contract was awarded without using two-phase selection procedures, and (2) the Government Accountability Office to report on the compliance of such agencies with design-build contract procedures.

Design-Build Efficiency and Jobs Act of 2015

SECTION 1. FINDINGS. The Congress finds the following: (1) Mercy Ships was founded in 1978 and has worked in more than 70 countries, providing services valued at more than $1.3 billion, treating more than 2.56 million direct beneficiaries. (2) Mercy Ships owns and operates the world's largest private hospital ship, the Africa Mercy that has five state-of- the-art operating rooms and ward bed space for 82 patients. (3) Mercy Ships vessels are staffed by professional volunteer crew including surgeons, nurses, doctors, dentists, cooks, engineers, agriculturalists, teachers, and others. (4) Mercy Ships has performed more than 82,000 life- changing or life-saving operations such as cleft lip and palate repair, cataract removal, orthopedic procedures, facial reconstruction, obstetric fistula repair, and tumor removal. (5) Mercy Ships has treated over 147,000 dental patients including over 390,000 dental procedures. (6) Mercy Ships has trained more than 5,900 local professionals (including surgeons) who have in turn trained many others. (7) Mercy Ships has trained over 38,100 local professionals in their area of expertise including anesthesiology, midwifery, sterilization, orthopedic and reconstructive surgery, and leadership, thereby increasing medical capacity in the host nation. (8) Mercy Ships has taught over 198,000 local people in basic health care. (9) Mercy Ships has completed over 1,100 infrastructure development projects focusing on water and sanitation education, agriculture and construction projects which improve local health care delivery systems. (10) Annually, Mercy Ships has over 1,600 volunteers who help in locations around the world, 900 of which serve in Africa. At any given time, there are more than 400 crew from 40 nations onboard the Africa Mercy. (11) The Africa Mercy alone has had over 4,900 crew from 74 countries serve onboard since its inception in 2007. In addition, more than 950 local Day Workers from 12 different countries have served alongside since it first docked in Africa. (12) Mercy Ships has served some of the world's poorest populations and completed over 589 port visits in 55 developing nations and 18 developed nations for a total of 73 nations including: Australia, Bahamas, Benin, Belgium, Belize, Brazil, Canada, China, Congo Brazzaville, Columbia, Cuba, Denmark, Dominican Republic, El Salvador, Estonia, Faroe Islands, Fiji, France, Gabon, The Gambia, Germany, Ghana, Greece, Grenada, Guatemala, Guinea (West Africa), Guinea-Bissau, Guyana, Haiti, Honduras, Italy, Ivory Coast, Jamaica, Korea, Latvia, Liberia, Lithuania, Madagascar, Malta, Mexico, Montserrat, The Netherlands, New Caledonia, New Zealand, Nicaragua, Norway, Panama, Papua New Guinea, Philippines, Poland, Russia, Samoa, Senegal, Sierra Leone, Solomon Islands, South Africa, Spain, St. Eustatius (NL), St. Kitts, St. Thomas, St. Vincent, Sweden, Tahiti, Togo, Tonga, Trinidad, the United Kingdom, the United States, and Vanuatu. (13) Through the years, Mercy Ships has had four hospital ships that have served in some of the poorest ports in the world. Those include: (A) The 16,500-ton Africa Mercy is the world's largest nongovernmental hospital ship and is dedicated to the continent of Africa. (B) The 522-foot Anastasis was the flag ship, and completed her first relief mission in 1982 to Guatemala. Her crew of 400 worked in Africa until she was decommissioned in 2007. (C) Acquired in 1994, the 265-foot Caribbean Mercy with her crew of 150 focused on the Caribbean basin and Central America with its Eye Surgery Unit. The ship was sold in 2006. (D) Donated in 1983, the 172-foot Good Samaritan served the Caribbean, Central and South America for 11 years with a crew of 60. Renamed the Island Mercy, she was redeployed to the South Pacific in 1994 and served there until sold in 2001. (E) Mercy Ships is currently building a new hospital ship to serve Africa's most needy for the next 50 years with delivery expected in 2018. The new vessel, larger than the Africa Mercy, will assume the title of world's largest private hospital ship with increased capacity building and a focus on healthcare training. It will also further the commitment of Mercy Ships to provide and promote through teaching, safe surgery globally as demonstrated by their membership in the G4 Alliance. (14) Mercy Ships has hosted Presidents and other heads of state from many nations around the world onboard their hospital ships who commended the free health care provided to their people. (15) Mercy Ships has been endorsed by President Nelson Mandela, President George Bush, Desmund Tutu, President Ellen Johnson Sirleaf, Sir John Major, President Dr. Ernest Bai Koroma, Tony Blair, President Jimmy Carter and First Lady Mary Flake de Flores. SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of Congress, of a gold medal of appropriate design to Don and Deyon Stephens, Founders of Mercy Ships. (b) Design and Striking.--For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary. SEC. 3. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 2 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. SEC. 4. STATUS OF MEDALS. (a) National Medals.--The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items.

This bill directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the presentation of a Congressional Gold Medal to Don and Deyon Stephens, founders of Mercy Ships.

To award a Congressional Gold Medal to Don and Deyon Stephens, Founders of Mercy Ships, in recognition of nearly 40 years of service as the leaders of a humanitarian relief organization that exemplifies the compassionate character of America.

SECTION 1. INVESTMENT CREDIT FOR NEW MANUFACTURING AND OTHER PRODUCTION EQUIPMENT. (a) Allowance of Credit.--Section 46 of the Internal Revenue Code of 1986 (relating to amount of investment credit) is amended by striking ``and'' at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting ``, and'', and by adding at the end thereof the following new paragraph: ``(4) the manufacturing and other productive equipment credit.'' (b) Amount of Credit.--Section 48 of such Code is amended by adding at the end thereof the following new subsection: ``(c) Manufacturing and Other Productive Equipment Credit.-- ``(1) In general.--For purposes of section 46, the manufacturing and other productive equipment credit for any taxable year is an amount equal to 10 percent of the excess (if any) of-- ``(A) the aggregate bases of qualified manufacturing and other productive equipment properties placed in service during such taxable year, over ``(B) the base amount. ``(2) Qualified manufacturing and productive equipment property.--For purposes of this subsection-- ``(A) In general.--The term `qualified manufacturing and productive equipment property' means any property-- ``(i) which is used as an integral part of manufacturing, production, or extraction or of furnishing transportation, communications, electrical energy, gas, water, or sewage disposal services, ``(ii) which is tangible property to which section 168 applies, ``(iii) which is section 1245 property (as defined in section 1245(a)(3)), and ``(iv)(I) the construction, reconstruction, or erection of which is completed by the taxpayer, or ``(II) which is acquired by the taxpayer if the original use of such property commences with the taxpayer. ``(B) Special rule for computer software.--In the case of any computer software which is used to control or monitor a manufacturing or production process and with respect to which depreciation (or amortization in lieu of depreciation) is allowable, such software shall be treated as qualified manufacturing and productive equipment property. ``(3) Base amount.--For purposes of paragraph (1)(B)-- ``(A) In general.--The term `base amount' means the product of-- ``(i) the fixed-base percentage, and ``(ii) the average annual gross receipts of the taxpayer for the four taxable years preceding the taxable year for which the credit is being determined (hereafter in this subsection referred to as the `credit year'). ``(B) Minimum base amount.--In no event shall the base amount be less than 50 percent of the amount determined under paragraph (1)(A). ``(C) Fixed-base percentage.-- ``(i) In general.--The fixed-base percentage is the percentage which the aggregate amounts described in paragraph (1)(A) for taxable years beginning after December 31, 1986, and before January 1, 1992, is of the aggregate gross receipts of the taxpayer for such taxable years. ``(ii) Rounding.--The percentages determined under clause (i) shall be rounded to the nearest 1/100 of 1 percent. ``(D) Other rules.--Rules similar to the rules of paragraphs (4) and (5) of section 41(c) shall apply for purposes of this paragraph. ``(4) Coordination with other credits.--This subsection shall not apply to any property to which the energy credit or rehabilitation credit would apply unless the taxpayer elects to waive the application of such credits to such property. ``(5) Certain progress expenditure rules made applicable.-- Rules similar to rules of subsection (c)(4) and (d) of section 46 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this subsection.'' (b) Manufacturing and Other Productive Equipment Credit Allowable Against Entire Regular Tax and Alternative Minimum Tax.-- (1) Subsection (c) of section 38 of such Code (relating to limitation based on amount of tax) is amended by adding at the end thereof the following new paragraph: ``(3) Special rules for manufacturing and other productive equipment credit.-- ``(A) In general.--In the case of a C corporation, this section and section 39 shall be applied separately-- ``(i) first with respect to so much of the credit allowed by subsection (a) as is not attributable to the productive equipment credit, and ``(ii) then with respect to the productive equipment credit. ``(B) Rules for application of productive equipment credit.-- ``(i) In general.--In the case of the productive equipment credit, in lieu of applying the preceding paragraphs of this subsection, the amount of such credit allowed under subsection (a) for any taxable year shall not exceed the net chapter 1 tax for such year. ``(ii) Net chapter 1 tax.--For purposes of clause (i), the term `net chapter 1 tax' means the sum of the regular tax liability for the taxable year and the tax imposed by section 55 for the taxable year, reduced by the sum of the credits allowable under this part for the taxable year (other than under section 34 and other than the productive equipment credit). ``(C) Productive equipment credit.--For purposes of this paragraph, the term `productive equipment credit' means the credit allowable under subsection (a) by reason of section 48(c).'' (2) Paragraph (2) of section 55(c) of such Code is amended to read as follows: ``(2) Cross references.-- ``(A) For provisions providing that certain credits are not allowable against the tax imposed by this section, see sections 26(a), 28(d)(2), 29(b)(5), and 38(c). ``(B) For provision allowing manufacturing and other productive equipment credit against the tax imposed by this section, see section 38(c)(3).'' (d) Technical Amendments.-- (1) Clause (ii) of section 49(a)(1)(C) of such Code is amended by inserting ``or qualified manufacturing and productive equipment property'' after ``energy property''. (2) Subparagraph (E) of section 50(a)(2) of such Code is amended by inserting ``or 48(c)(5)'' before the period at the end thereof. (3) Paragraph (5) of section 50(a) of such Code is amended by adding at the end thereof the following new subparagraph: ``(D) Special rules for certain property.--In the case of any qualified manufacturing and productive equipment property which is 3-year property (within the meaning of section 168(e))-- ``(i) the percentage set forth in clause (ii) of the table contained in paragraph (1)(B) shall be 66 percent, ``(ii) the percentage set forth in clause (iii) of such table shall be 33 percent, and ``(iii) clauses (iv) and (v) of such table shall not apply.'' (4)(A) The section heading for section 48 of such Code is amended to read as follows: ``SEC. 48. OTHER CREDITS.'' (B) The table of sections for subpart E of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 48 and inserting the following: ``Sec. 48. Other credits.'' (e) Effective Date.--The amendments made by this section shall apply to-- (1) property acquired by the taxpayer after March 31, 1993, and (2) property the construction, reconstruction, or erection of which is completed by the taxpayer after March 31, 1993, but only to the extent of the basis thereof attributable to construction, reconstruction, or erection after such date.

Amends the Internal Revenue Code to allow an investment tax credit for manufacturing and other productive equiment for the period after December 31, 1986, and before January 1, 1992. Provides for determining such credit. Allows such credit in determining the regular tax and the alternative minimum tax.

To amend the Internal Revenue Code of 1986 to encourage investments in new manufacturing and other productive equipment by allowing an investment tax credit to taxpayers who increase the amount of such investments.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Gas Affordability Act of 2001''. SEC. 2. SIX-MONTH SUSPENSION OF 1993 4.3 CENT INCREASE IN FUEL TAXES. (a) Six-Month Suspension of Fuel Taxes.--Section 4081 of the Internal Revenue Code of 1986 (relating to imposition of tax on gasoline, diesel fuel, and kerosene) is amended by adding at the end the following new subsection: ``(f) Temporary Suspension of Fuel Taxes.-- ``(1) In general.--During the suspension period, each rate of tax referred to in paragraph (2) shall be reduced by 4.3 cents per gallon. ``(2) Rates of tax.--The rates of tax referred to in this paragraph are the rates of tax otherwise applicable under-- ``(A) subsection (a)(2)(A) (relating to gasoline, diesel fuel, and kerosene), ``(B) sections 4091(b)(3)(A) (relating to aviation fuel), ``(C) section 4042(b)(2)(C) (relating to fuel used on inland waterways), ``(D) paragraph (1) or (2) of section 4041(a) (relating to diesel fuel, special fuels, and compressed natural gas), and ``(E) section 4041(m)(1)(A)(i) (relating to certain methanol or ethanol fuels). ``(3) Comparable treatment for compressed natural gas.--No tax shall be imposed by section 4041(a)(3) on any sale or use during the applicable period. ``(4) Comparable treatment under certain refund rules.--In the case of fuel on which tax is imposed during the applicable period, each of the rates specified in sections 6421(f)(2)(B), 6421(f)(3)(B)(iii), 6427(b)(2)(A), 6427(l)(3)(B)(iii), and 6427(l)(4)(B) shall be reduced by 4.3 cents per gallon. ``(5) Suspension period.--For purposes of this subsection, the term `suspension period' means the period beginning on July 1, 2001, and ending on December 31, 2001.'' (b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act. SEC. 3. FLOOR STOCK REFUNDS. (a) In General.--If-- (1) before the tax suspension date, tax has been imposed under section 4081 or 4091 of the Internal Revenue Code of 1986 on any liquid, and (2) on such date such liquid is held by a dealer and has not been used and is intended for sale, there shall be credited or refunded (without interest) to the person who paid such tax (hereafter in this section referred to as the ``taxpayer'') an amount equal to the excess of the tax paid by the taxpayer over the amount of such tax which would be imposed on such liquid had the taxable event occurred on such date. (b) Time for Filing Claims.--No credit or refund shall be allowed or made under this section unless-- (1) claim therefor is filed with the Secretary of the Treasury before the date which is 6 months after the tax suspension date, and (2) in any case where liquid is held by a dealer (other than the taxpayer) on the tax suspension date-- (A) the dealer submits a request for refund or credit to the taxpayer before the date which is 3 months after the tax suspension date, and (B) the taxpayer has repaid or agreed to repay the amount so claimed to such dealer or has obtained the written consent of such dealer to the allowance of the credit or the making of the refund. (c) Exception for Fuel Held in Retail Stocks.--No credit or refund shall be allowed under this section with respect to any liquid in retail stocks held at the place where intended to be sold at retail. (d) Definitions.--For purposes of this section-- (1) the terms ``dealer'' and ``held by a dealer'' have the respective meanings given to such terms by section 6412 of such Code; except that the term ``dealer'' includes a producer, and (2) the term ``tax suspension date'' means the date on which the suspension period begins under section 4081(f) of the Internal Revenue Code of 1986 (as added by section 2). (e) Certain Rules To Apply.--Rules similar to the rules of subsections (b) and (c) of section 6412 of such Code shall apply for purposes of this section. SEC. 4. FLOOR STOCKS TAX. (a) Imposition of Tax.--In the case of any taxable liquid which is held on the floor stocks tax date by any person, there is hereby imposed a floor stocks tax equal to the excess of the tax which would be imposed under section 4041, 4081, or 4091 of the Internal Revenue Code of 1986 on such liquid had the taxable event occurred on the floor stocks tax date over the tax paid under such sections on such liquid. (b) Liability for Tax and Method of Payment.-- (1) Liability for tax.--A person holding a liquid on the floor stocks tax date to which the tax imposed by subsection (a) applies shall be liable for such tax. (2) Method of payment.--The tax imposed by subsection (a) shall be paid in such manner as the Secretary shall prescribe. (3) Time for payment.--The tax imposed by subsection (a) shall be paid on or before the date which is 6 months after the floor stocks tax date. (c) Definitions.--For purposes of this section-- (1) Held by a person.--A liquid shall be considered as ``held by a person'' if title thereto has passed to such person (whether or not delivery to the person has been made). (2) Taxable liquid.--The term `taxable liquid' means any liquid on which tax is imposed under section 4041, 4081, or 4091 of the Internal Revenue Code of 1986 on the floor stocks tax date. (3) Gasoline and diesel fuel.--The terms ``gasoline'' and ``diesel fuel'' have the respective meanings given such terms by section 4083 of such Code. (4) Aviation fuel.--The term ``aviation fuel'' has the meaning given such term by section 4093 of such Code. (5) Floor stocks tax date.--The term ``floor stocks tax date'' means the day after the end of the suspension period under section 4081(f) of such Code (as added by section 2). (6) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or the Secretary's delegate. (d) Exception for Exempt Uses.--The tax imposed by subsection (a) shall not apply to taxable liquid held by any person exclusively for any use to the extent a credit or refund of the tax imposed by section 4041, 4081, or 4091 of such Code is allowable for such use. (e) Exception for Fuel Held in Vehicle Tank.--No tax shall be imposed by subsection (a) on taxable liquid held in the tank of a motor vehicle or motorboat. (f) Exception for Certain Amounts of Fuel.-- (1) In general.--No tax shall be imposed by subsection (a)-- (A) on gasoline held on the floor stocks tax date by any person if the aggregate amount of gasoline held by such person on such date does not exceed 4,000 gallons, and (B) on diesel fuel, kerosene, or aviation fuel held on such date by any person if the aggregate amount of diesel fuel, kerosene, or aviation fuel held by such person on such date does not exceed 2,000 gallons. The preceding sentence shall apply only if such person submits to the Secretary (at the time and in the manner required by the Secretary) such information as the Secretary shall require for purposes of this paragraph. (2) Exempt fuel.--For purposes of paragraph (1), there shall not be taken into account fuel held by any person which is exempt from the tax imposed by subsection (a) by reason of subsection (d) or (e). (3) Controlled groups.--For purposes of this subsection-- (A) Corporations.-- (i) In general.--All persons treated as a controlled group shall be treated as 1 person. (ii) Controlled group.--The term ``controlled group'' has the meaning given to such term by subsection (a) of section 1563 of such Code; except that for such purposes the phrase ``more than 50 percent'' shall be substituted for the phrase ``at least 80 percent'' each place it appears in such subsection. (B) Nonincorporated persons under common control.-- Under regulations prescribed by the Secretary, principles similar to the principles of subparagraph (A) shall apply to a group of persons under common control where 1 or more of such persons is not a corporation. (g) Other Law Applicable.--All provisions of law, including penalties, applicable with respect to the taxes imposed by section 4041(a)(2) of such Code in the case of special fuels; by section 4081 of such Code in the case of gasoline, diesel fuel, and kerosene; and by section 4091 of such Code in the case of aviation fuel shall, insofar as applicable and not inconsistent with the provisions of this subsection, apply with respect to the floor stock taxes imposed by subsection (a) to the same extent as if such taxes were imposed by such section 4041, 4081, or 4091. SEC. 5. PROTECTION OF HIGHWAY TRUST FUND. The amounts transferred to the Highway Trust Fund under section 9503 of the Internal Revenue Code of 1986 shall be determined as if this Act had not been acted.

Gas Affordability Act of 2001 - Amends the Internal Revenue Code to suspend for six months (the period beginning on July 1, 2001, and ending on December 31, 2001) the 4.3 cent increase in motor fuel taxes enacted in 1993.

To amend the Internal Revenue Code of 1986 to suspend for six months the 4.3 cent increase in motor fuel taxes enacted in 1993.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Recovery and Enhancement Act of 2010'' or the ``CRE Act of 2010''. SEC. 2. DEDUCTION FOR EQUITY INVESTMENTS USED TO BUY DOWN DEBT ON COMMERCIAL REAL PROPERTY. (a) In General.--Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals and corporations) is amended by adding at the end the following new section: ``SEC. 199A. DEDUCTION FOR EQUITY INVESTMENTS USED TO BUY DOWN DEBT ON COMMERCIAL REAL PROPERTY. ``(a) In General.--There shall be allowed as a deduction an amount equal to-- ``(1) 50 percent of any qualified debt reduction equity investment made during the taxable year by the taxpayer in a partnership, and ``(2) 50 percent of any qualified debt reduction payment made during the taxable year by the taxpayer with respect to qualified indebtedness on commercial real property held by the taxpayer. Paragraph (2) shall not apply to any qualified debt reduction payment made by a partnership. ``(b) Maximum Deduction.--The deduction allowed by subsection (a) for any taxable year shall not exceed, with respect to each commercial real property, the excess (if any) of-- ``(1) the amount of the qualified indebtedness secured by such property as of the beginning of such taxable year, over ``(2) the lesser of-- ``(A) 50 percent of the amount described in paragraph (1), or ``(B) the adjusted basis of such property (in the hands of the partnership or the taxpayer, as the case may be) as of the close of such taxable year (determined without regard to qualified debt reduction equity investments and qualified debt reduction payments made during the taxable year and depreciation for such year). ``(c) Qualified Debt Reduction Equity Investment; Qualified Debt Reduction Payment.--For purposes of this section-- ``(1) Qualified debt reduction equity investment.-- ``(A) In general.--The term `qualified debt reduction equity investment' means the amount of any qualified equity investment which is used by the partnership to reduce the principal amount of qualified indebtedness of the partnership. ``(B) Qualified equity investment.--The term `qualified equity investment' means any equity investment (as defined in section 45D(b)(6)) in a partnership if-- ``(i) such investment is acquired by the taxpayer at its original issue (directly or through an underwriter) solely in exchange for cash, ``(ii) at least 80 percent of such cash is used by the partnership to reduce the principal amount of qualified indebtedness of the partnership, ``(iii) the portion of such cash not so used is used by the partnership for improvements to commercial real property held by the partnership, and ``(iv) the person or persons otherwise entitled to depreciation on such property consent to the basis reduction under subsection (f)(1). ``(C) Redemptions.--A rule similar to the rule of section 1202(c)(3) shall apply for purposes of this paragraph. ``(2) Qualified debt reduction payment.--In the case of commercial real property held by a taxpayer other than a partnership, the term `qualified debt reduction payment' means the amount of cash paid by the taxpayer during the taxable year to reduce the principal amount of qualified indebtedness of the taxpayer. ``(d) Other Definitions.--For purposes of this section-- ``(1) Qualified indebtedness.-- ``(A) Partnerships.--The term `qualified indebtedness' means, with respect to a partnership, any indebtedness-- ``(i) incurred or assumed by the partnership on or before January 1, 2009, and ``(ii) which is secured by commercial real property held by the partnership at the time the qualified debt reduction equity investment is made by the taxpayer. ``(B) Other taxpayers.--In the case of a taxpayer other than a partnership, the term `qualified indebtedness' has the meaning given to such term by subparagraph (A) determined by substituting-- ``(i) `taxpayer' for `partnership', and ``(ii) `qualified debt reduction payment' for `qualified debt reduction equity investment'. ``(2) Commercial real property.--The term `commercial real property' means section 1250 property (as defined in section 1250(c)); except that such term shall not include residential rental property (as defined in section 168(e)(2)) unless the building contains at least 3 dwelling units. ``(e) Application of Section 1250.--For purposes of determining the depreciation adjustments under section 1250 with respect to any property-- ``(1) the deduction allowed by this section shall be treated as a deduction for depreciation, and ``(2) the depreciation adjustments in respect of such property shall include all deductions allowed by this section to all taxpayers by reason of reducing the debt secured by such property. ``(f) Special Rules.-- ``(1) Basis reduction.--The basis of any property with respect to which any qualified debt reduction equity investment or qualified debt reduction payment is made shall be reduced by the amount of the deduction allowed by this section by reason of such investment or payment. ``(2) Refinancings.--The indebtedness described in subsection (d)(1)(A)(i) shall include indebtedness resulting from the refinancing of indebtedness described in such subsection (or this sentence), but only to the extent it does not exceed the amount of the indebtedness being refinanced. ``(3) Debt reduction must be in excess of scheduled payments.--Only amounts paid in excess of the amounts required to be paid under the terms of the loan may be taken into account under this section. ``(4) Denial of deduction for debt-financed investments, etc.--No deduction shall be allowed by this section for any qualified debt reduction equity investment or any qualified debt reduction payment to the extent indebtedness is incurred or continued to make such investment or payment. ``(5) Recapture of deduction if additional debt within 3 years.-- ``(A) In general.--If a partnership incurs any additional debt within 3 years after the date that the partnership received a qualified debt reduction equity investment, the ordinary income of the taxpayer making such investment shall be increased by the applicable percentage of the recaptured deduction. ``(B) Recaptured deduction.--For purposes of this paragraph, the recaptured deduction is the excess of-- ``(i) the deduction allowed by subsection (a) on account of a qualified debt reduction equity investment, over ``(ii) the deduction which would have been so allowed if such investment had been reduced by such investment's share of the additional debt. ``(C) Applicable percentage.--The applicable percentage shall be determined in accordance with the following table: ``If, of the 3 years referred to in The applicable percentage is: subparagraph (A), the additional debt occurs during the: 1st such year...................................... 100 2d such year....................................... 66 \2/3\ 3d such year....................................... 33 \1/3\ ``(D) Investment's share of additional debt.--A qualified debt reduction equity investment's share of additional debt is the amount which bears the same ratio to such additional debt as such taxpayer's qualified debt reduction equity investment bears to the aggregate qualified debt reduction equity investments of all such taxpayers to which subparagraph (A) applies by reason of such additional debt. ``(E) Subsequent depreciation.--The partnership's deductions under section 168 for periods after a recaptured deduction under this paragraph shall be determined as if the portion of the qualified debt reduction equity investment allocable to the recaptured deduction had never been made. ``(F) Similar rules for qualified debt reduction payments.--Rules similar to the rules of the preceding provisions of this paragraph shall apply to qualified debt reduction payments. ``(6) Exemption from passive loss rules.--Section 469 shall not apply to the deduction allowed by this section. ``(g) Application of Section.--This section shall apply to qualified debt reduction equity investments and qualified debt reduction payments made after the date of the enactment of this section and before January 1, 2013.''. (b) Earnings and Profits.--Subsection (k) of section 312 of such Code is amended by adding at the end the following new paragraph: ``(6) Treatment of section 199a.--Paragraphs (1) and (3) shall not apply to the deduction allowed by section 199A.''. (c) Clerical Amendment.--The table of sections for part VI of subchapter B of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 199A. Deduction for equity investments used to buy down debt on commercial real property.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act.

Community Recovery and Enhancement Act of 2010 or the CRE Act of 2010 - Amends the Internal Revenue Code to allow a new tax deduction for 50% of equity investment in a partnership (qualified debt reduction equity investment) and 50% of any payment on commercial real property (qualified debt reduction payment) made to reduce the principal amount of the qualified indebtedness of such partnership or commercial property. Defines "qualified indebtedness" to mean any indebtedness incurred or assumed by a partnership or other taxpayer before January 1, 2009, which is secured by commercial real property. Requires a recapture in income of any deduction taken by a partnership if such partnership incurs additional indebtedness within three years after receiving a qualified debt reduction equity investment under this Act.

To amend the Internal Revenue Code of 1986 to allow a deduction for the portion of any equity investment used to buy down debt on commercial real property.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Uniformed Services Former Spouses Equity Act of 1997''. SEC. 2. TERMINATION OF PAYMENTS UPON REMARRIAGE OF FORMER SPOUSE. (a) In General.--Section 1408(c) of title 10, United States Code, is amended by adding at the end the following new paragraph: ``(5) Payment from the monthly disposable retired pay of a member to a former spouse of the member pursuant to this section shall terminate upon the remarriage of that former spouse, except to the extent that the amount of such payment includes an amount other than an amount resulting from the treatment by the court under paragraph (1) of disposable retired pay of the member as property of the member or property of the member and his spouse. Any such termination shall be effective as of the last day of the month in which the remarriage occurs.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to marriages terminated by court orders issued before, on, or after the date of the enactment of this Act. In the case of such a court order issued before the date of the enactment of this Act, such amendment shall apply only with respect to amounts of a member's retired pay that are payable for months beginning more than 180 days after the date of the enactment of this Act. SEC. 3. AWARD OF RETIRED PAY TO BE BASED ON RETIREE'S LENGTH OF SERVICE AND PAY GRADE AT TIME OF DIVORCE. (a) In General.--Section 1408(c) of title 10, United States Code, as amended by section 2, is further amended by adding at the end the following new paragraph: ``(6) In the case of a member as to whom a final decree of divorce, dissolution, annulment, or legal separation is issued before the date on which the member begins to receive retired pay, the disposable retired pay of the member that a court may treat in the manner described in paragraph (1) shall be computed based on the pay grade, and the length of service of the member while married, that are creditable toward entitlement to basic pay and to retired pay as of the date of the final decree. Amounts so calculated shall be increased by the cumulative percentage of increases in retired pay between the date of the final decree and the effective date of the member's retirement.''. (b) Implementation.--With respect to payments to a former spouse from a member's disposable retired pay pursuant to court orders issued before the date of the enactment of this Act, the Secretary shall-- (1) within 90 days of such date, recompute the amounts of those payments in accordance with paragraph (5) of section 1408(c) of title 10, United States Code, as added by subsection (a); and (2) within 180 days of such date, adjust the amount of disposable retired pay payable to that former spouse accordingly. (c) Effective Date.--The amendment made by subsection (a) shall apply with respect to court orders issued on or after June 25, 1981. SEC. 4. LIMITATION ON TIME FOR SEEKING DIVISION OF RETIRED PAY. (a) In General.--Subsection (c)(4) of section 1408 of title 10, United States Code, is amended to read as follows: ``(4) A court may not after the date of the enactment of the Uniformed Services Former Spouses Equity Act of 1997 treat the disposable retired pay of a member in the manner described in paragraph (1) unless-- ``(A) the court has jurisdiction over the member by reason of (i) the member's residence, other than because of military assignment, in the territorial jurisdiction of the court, (ii) the member's domicile in the territorial jurisdiction of the court, or (iii) the member's consent to the jurisdiction of the court; and ``(B) the member's spouse or former spouse obtains a court order for apportionment of the retired pay of the member not later than (i) two years after the date of final decree of divorce, dissolution, annulment, or legal separation, including a court ordered, ratified, or approved property settlement incident to such a decree, or (ii) the end of the six-month period beginning on the date of the enactment of the Uniformed Services Former Spouses Equity Act of 1997, whichever is later.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to final decrees of divorce, dissolution, annulment, or legal separation issued on or after June 25, 1981. SEC. 5. LIMITATION ON APPORTIONMENT OF DISABILITY PAY WHEN RETIRED PAY HAS BEEN WAIVED. (a) In General.--Subsection (e)(4) of section 1408 of title 10, United States Code, is amended by adding at the end the following new subparagraph: ``(C) Notwithstanding any other provision of law, a court may not treat as part of the disposable retired pay of a member under this section or as part of amounts to be paid pursuant to legal processes under section 459 of the Social Security Act (42 U.S.C. 659) amounts which are deducted from the retired pay of such member as a result of a waiver of retired pay required by law in order to receive compensation under title 38.''. (b) Amendments to Social Security Act.--Section 459(h) of the Social Security Act (42 U.S.C. 659(h)) is amended-- (1) in paragraph (1)(A)(ii)-- (A) by inserting ``or'' at the end of subclause (III); (B) by striking out ``or'' at the end of subclause (IV) and inserting in lieu thereof ``and''; and (C) by striking out subclause (V); and (2) in paragraph (2)-- (A) by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively; and (B) by inserting after subparagraph (D) the following new subparagraph: ``(E) are paid by the Secretary of Veterans Affairs as compensation for a service-connected disability under title 38, United States Code, when military retired pay has been waived in order to receive such compensation;''. (c) Effective Date.--The amendments made by subsections (a) and (b) shall apply to court orders and legal processes issued on or after June 25, 1981. In the case of a court order or legal process issued before the date of the enactment of this Act, such amendments shall apply only with respect to retired pay payable for months beginning on or after the date of the enactment of this Act.

Uniformed Services Former Spouses Equity Act of 1997 - Requires payment from the monthly disposable retired pay of a member to his or her former spouse in compliance with court orders (division of property) to terminate upon the remarriage of that spouse, effective as of the last day of the month in which the remarriage occurs. Provides that, in the case of a member to whom a final decree of divorce, dissolution, annulment, or legal separation is issued before the member begins to receive retired pay, the disposable retired pay of such member, for purposes of such monthly payments, shall be computed based on the pay grade and length of service of the member while married. Increases such amount concurrently with retired pay increases. Requires a member's spouse or former spouse to obtain a court order for reapportionment of a member's monthly disposable retired pay by the later of the following dates: (1) two years of the date of the final decree of divorce, dissolution, annulment, or legal separation; or (2) six months after the enactment of this Act. Prohibits the court from treating as part of a member's disposable retired pay amounts which have been waived from such pay in order to receive veterans' disability compensation.

Uniformed Services Former Spouses Equity Act of 1997

TITLE I--PROTECTION AGAINST SCAMS ON SENIORS SEC. 101. SHORT TITLE. This title may be cited as the ``Protection Against Scams on Seniors Act of 1999''. SEC. 102. FINDINGS. The Congress finds that-- (1) telemarketing fraud costs consumers nearly $40,000,000,000 each year; (2) nearly 10 percent of the 140,000 telemarketing firms in the United States engage in fraud; (3) senior citizens are often the target of telemarketing fraud; (4) fraudulent telemarketers compile into ``mooch lists'' the names of potentially vulnerable consumers; (5) according to the American Association of Retired Persons, 56 percent of the names on ``mooch lists'' are individuals age 50 or older; (6) the Department of Justice has undertaken successful investigations and prosecutions of telemarketing fraud through various operations, including ``Operation Disconnect'', ``Operation Senior Sentinel'', and ``Operation Upload''; (7) the Federal Bureau of Investigation has helped provide resources to assist organizations such as the American Association of Retired Persons to operate outreach programs designed to warn senior citizens whose names appear on confiscated ``mooch lists''; (8) the Administration on Aging was formed, in part, to provide senior citizens with the resources, information, and assistance their special circumstances require; (9) the Administration on Aging has a system in place to effectively inform senior citizens of the dangers of telemarketing fraud; and (10) senior citizens need to be warned of the dangers of telemarketing fraud before they become victims. SEC. 103. PURPOSE. It is the purpose of this title through education and outreach to protect senior citizens from the dangers of telemarketing fraud and to facilitate the investigation and prosecution of fraudulent telemarketers. SEC. 104. DISSEMINATION OF INFORMATION. (a) In General.--The Secretary of Health and Human Services, acting through the Assistant Secretary for Aging, shall publicly disseminate in each State information designed to educate senior citizens and raise awareness about the dangers of telemarketing fraud. (b) Information.--In carrying out subsection (a), the Secretary shall-- (1) inform senior citizens of the prevalence of telemarketing fraud targeted against them; (2) inform senior citizens of how telemarketing fraud works; (3) inform senior citizens of how to identify telemarketing fraud; (4) inform senior citizens of how to protect themselves against telemarketing fraud, including an explanation of the dangers of providing bank account, credit card, or other financial or personal information over the telephone to unsolicited callers; (5) inform senior citizens of how to report suspected attempts at telemarketing fraud; (6) inform senior citizens of their consumer protection rights under Federal law; and (7) provide such other information as the Secretary considers necessary to protect senior citizens against fraudulent telemarketing. (c) Means of Dissemination.--The Secretary shall determine the means to disseminate information under this section. In making such determination, the Secretary shall consider-- (1) public service announcements; (2) a printed manual or pamphlet; (3) an Internet website; and (4) telephone outreach to individuals whose names appear on ``mooch lists'' confiscated from fraudulent telemarketers. (d) Priority.--In disseminating information under this section, the Secretary shall give priority to areas with high concentrations of senior citizens. SEC. 105. AUTHORITY TO ACCEPT GIFTS. The Secretary may accept, use, and dispose of unconditional gifts, bequests, or devises of services or property, both real and personal, in order to carry out this title. SEC. 106. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $10,000,000 for fiscal year 1999 and such sums as may be necessary for succeeding fiscal years. SEC. 107. DEFINITION. For purposes of this title, the term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, and the Commonwealth of the Northern Mariana Islands. TITLE II--TELEMARKETING FRAUD OVER THE INTERNET SEC. 201. EXTENSION OF CRIMINAL FRAUD STATUTE TO INTERNET. Section 1343 of title 18, United States Code, is amended by-- (1) striking ``or television communication'' and inserting ``television, or Internet communication''; and (2) adding at the end thereof the following: ``For purposes of this section, 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.''. SEC. 202. FEDERAL TRADE COMMISSION SANCTIONS. The Federal Trade Commission shall initiate a rulemaking proceeding to set forth the application of section 5 of the Federal Trade Commission Act (15 U.S.C. 45) and other statutory provisions within its jurisdiction to deceptive acts or practices in or affecting the commerce of the United States in connection with the promotion, advertisement, offering for sale, or sale of goods or services through use of the Internet, including the initiation, transmission, and receipt of unsolicited commercial electronic mail. For purposes of this section, 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.

TABLE OF CONTENTS: Title I: Protection Against Scams on Seniors Title II: Telemarketing Fraud Over the Internet Title I: Protection Against Scams on Seniors - Protection Against Scams on Seniors Act of 1999 - Directs the Secretary of Health and Human Services, acting through the Assistant Secretary for Aging, to publicly disseminate by specified means in each State certain information designed to educate senior citizens and raise awareness about the dangers of telemarketing fraud. Authorizes appropriations. Title II: Telemarketing Fraud Over the Internet - Amends the Federal criminal code to include within its criminal fraud protections transmissions made over the Internet. Directs the Federal Trade Commission to initiate a rulemaking proceeding to set forth the application of the Federal Trade Commission Act to deceptive acts or practices in U.S. commerce in connection with the promotion, advertisement, sale offer, or sale of goods or services through the use of the Internet, including the initiation, transmission, and receipt of unsolicited commercial electronic mail.

Protection Against Scams on Seniors Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ending the Medicare Disability Waiting Period Act of 2004''. SEC. 2. PHASE OUT OF WAITING PERIOD FOR MEDICARE DISABILITY BENEFITS. (a) In General.--Section 226(b) of the Social Security Act (42 U.S.C. 426(b)) is amended-- (1) in paragraph (2)(A), by striking ``, and has for 24 calendar months been entitled to,'' and inserting ``, and for the waiting period (as defined in subsection (k)) has been entitled to,''; (2) in paragraph (2)(B), by striking ``, and has been for not less than 24 months,'' and inserting ``, and has been for the waiting period (as defined in subsection (k)),''; (3) in paragraph (2)(C)(ii), by striking ``, including the requirement that he has been entitled to the specified benefits for 24 months,'' and inserting ``, including the requirement that the individual has been entitled to the specified benefits for the waiting period (as defined in subsection (k)),''; and (4) in the flush matter following paragraph (2)(C)(ii)(II)-- (A) in the first sentence, by striking ``for each month beginning with the later of (I) July 1973 or (II) the twenty-fifth month of his entitlement or status as a qualified railroad retirement beneficiary described in paragraph (2), and'' and inserting ``for each month beginning after the waiting period (as so defined) for which the individual satisfies paragraph (2) and''; (B) in the second sentence, by striking ``the `twenty-fifth month of his entitlement' refers to the first month after the twenty-fourth month of entitlement to specified benefits referred to in paragraph (2)(C) and''; and (C) in the third sentence, by striking ``, but not in excess of 78 such months''. (b) Schedule for Phase Out of Waiting Period.--Section 226 of the Social Security Act (42 U.S.C. 426) is amended by adding at the end the following new subsection: ``(k) For purposes of subsection (b) (and for purposes of section 1837(g)(1) of this Act and section 7(d)(2)(ii) of the Railroad Retirement Act of 1974), the term `waiting period' means-- ``(1) for 2006, 18 months; ``(2) for 2007, 16 months; ``(3) for 2008, 14 months; ``(4) for 2009, 12 months; ``(5) for 2010, 10 months; ``(6) for 2011, 8 months; ``(7) for 2012, 6 months; ``(8) for 2013, 4 months; ``(9) for 2014, 2 months; and ``(10) for 2015 and each subsequent year, 0 months.''. (c) Conforming Amendments.-- (1) Sunset.--Effective January 1, 2015, subsection (f) of section 226 of the Social Security Act (42 U.S.C. 426) is repealed. (2) Medicare description.--Section 1811(2) of such Act (42 U.S.C. 1395c(2)) is amended by striking ``entitled for not less than 24 months'' and inserting ``entitled for the waiting period (as defined in section 226(k))''. (3) Medicare coverage.--Section 1837(g)(1) of such Act (42 U.S.C. 1395p(g)(1)) is amended by striking ``of the later of (A) April 1973 or (B) the third month before the 25th month of such entitlement'' and inserting ``of the third month before the first month following the waiting period (as defined in section 226(k)) applicable under section 226(b)''. (4) Railroad retirement system.--Section 7(d)(2)(ii) of the Railroad Retirement Act of 1974 (45 U.S.C. 231f(d)(2)(ii)) is amended-- (A) by striking ``, for not less than 24 months'' and inserting ``, for the waiting period (as defined in section 226(k) of the Social Security Act)''; and (B) by striking ``could have been entitled for 24 calendar months, and'' and inserting ``could have been entitled for the waiting period (as defined in section 226(k) of the Social Security Act), and''. (d) Effective Date.--Except as provided in subsection (c)(1), the amendments made by this section shall apply to insurance benefits under title XVIII of the Social Security Act with respect to items and services furnished in months beginning at least 90 days after the date of the enactment of this Act. SEC. 3. ELIMINATION OF WAITING PERIOD FOR INDIVIDUALS WITH LIFE- THREATENING CONDITIONS. (a) In General.--Section 226(h) of the Social Security Act (42 U.S.C. 426(h)) is amended-- (1) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively; (2) in the matter preceding subparagraph (A) (as redesignated by paragraph (1)), by inserting ``(1)'' after ``(h)''; (3) in paragraph (1) (as designated by paragraph (2))-- (A) in the matter preceding subparagraph (A) (as redesignated by paragraph (1)), by inserting ``or any other life-threatening condition identified by the Secretary'' after ``amyotrophic lateral sclerosis (ALS)''; and (B) in subparagraph (B) (as redesignated by paragraph (1)), by striking ``(rather than twenty-fifth month)''; and (4) by adding at the end the following new paragraph: ``(2) For purposes of identifying life-threatening conditions under paragraph (1), the Secretary shall compile a list of conditions that are fatal without medical treatment. In compiling such list, the Secretary shall consult with the Director of the National Institutes of Health (including the Office of Rare Diseases), the Director of the Centers for Disease Control and Prevention, the Director of the National Science Foundation, and the Institute of Medicine of the National Academy of Sciences.''. (c) Effective Date.--The amendments made by this section shall apply to insurance benefits under title XVIII of the Social Security Act with respect to items and services furnished in months beginning at least 90 days after the date of the enactment of this Act. SEC. 4. INSTITUTE OF MEDICINE STUDY AND REPORT ON DELAY AND PREVENTION OF DISABILITY CONDITIONS. (a) Study.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall request that the Institute of Medicine of the National Academy of Sciences conduct a study on the range of disability conditions that can be delayed or prevented if individuals receive access to health care services and coverage before the condition reaches disability levels. (b) Report.--Not later than the date that is 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a report containing the results of the Institute of Medicine study authorized under this section. (c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $750,000 for the period of fiscal years 2006 and 2007.

Ending the Medicare Disability Waiting Period Act of 2005 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSA) to: (1) phase out the waiting period for disabled individuals to become eligible for Medicare benefits under SSA title XVIII (Medicare); and (2) eliminate the waiting period for individuals with life-threatening conditions to become eligible for such benefits. Directs the Secretary of Health and Human Services to request the Institute of Medicine of the National Academy of Sciences to study the range of disability conditions that can be delayed or prevented if individuals receive access to health care services and coverage before a condition reaches disability levels.

To amend title II of the Social Security Act to phase out the 24-month waiting period for disabled individuals to become eligible for Medicare benefits, to eliminate the waiting period for individuals with life-threatening conditions, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cannabidiol Research Expansion Act''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``authorized medical research'' means medical research that is-- (A) a preclinical study or clinical investigation conducted in accordance with section 505(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(i)) or otherwise permitted by the Department of Health and Human Services to determine the potential medical benefits of marihuana or cannabidiol as a drug; and (B) conducted by a covered institution of higher education, practitioner, or manufacturer that is appropriately registered under the Controlled Substances Act (21 U.S.C. 801 et seq.); (2) the term ``cannabidiol'' means the nonpsychoactive substance, cannabidiol, as derived from marihuana or the synthetic formulation; (3) the terms ``controlled substance'', ``dispense'', ``distribute'', ``manufacture'', ``marihuana'', and ``practitioner'' have the meanings given such terms in section 102 of the Controlled Substances Act (21 U.S.C. 802); (4) the term ``covered institution of higher education'' means an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) that-- (A)(i) has highest or higher research activity, as defined by the Carnegie Classification of Institutions of Higher Education; or (ii) is an accredited medical school or an accredited school of osteopathic medicine; and (B) is appropriately registered under the Controlled Substances Act (21 U.S.C. 801 et seq.); (5) the term ``drug'' has the meaning given the term in section 201(g)(1) of the Federal Food Drug and Cosmetics Act (21 U.S.C. 321(g)(1)); (6) the term ``registered manufacturer'' means an individual or entity who is appropriately registered to manufacture controlled substances under the Controlled Substances Act (21 U.S.C. 801 et seq.), including an individual or entity appropriately registered to manufacture controlled substances as part of research; and (7) the term ``State'' means any State of the United States, the District of Columbia, and any territory of the United States. SEC. 3. PROCEEDINGS FOR CONTROL, TRANSFER, OR REMOVAL OF CANNABIDIOL. (a) Scientific and Medical Evaluations.--Not later than 1 year after the date of enactment of this Act, the Attorney General and the Secretary of Health and Human Services shall each complete the scientific and medical evaluation described in section 201(b) of the Controlled Substances Act (21 U.S.C. 811(b)) as to cannabidiol, which shall take into consideration the factors described in paragraphs (1) through (8) of subsection (c) of section 201 of that Act (21 U.S.C. 811(c)). (b) Proceedings To Control, Transfer, or Remove Cannabidiol.--After taking into consideration the evaluation described in subsection (a), if the Attorney General determines that the evaluations, recommendations, and all other relevant data warrant control, transfer, or removal of cannabidiol, the Attorney General shall initiate proceedings for control, transfer, or removal under section 201(a) of the Controlled Substances Act (21 U.S.C. 811(a)). SEC. 4. RESEARCH PROTOCOLS. The Attorney General shall amend section 1301.18 of title 21, Code of Federal Regulations (as in effect on the date of enactment of this Act), by striking subsections (c) and (d) and inserting the following: ``(c) In the event that the registrant desires to increase the quantity of a controlled substance used for an approved research project, he/she shall submit a request to the Registration Unit, Drug Enforcement Administration, by registered mail, return receipt requested. See the Table of DEA Mailing Addresses in Sec. 1321.01 of this chapter for the current mailing address. The request shall contain the following information: DEA registration number; name of the controlled substance or substances and the quantity of each authorized in the approved protocol; and the additional quantity of each desired. Upon return of the receipt, the registrant shall be authorized to purchase and use the additional quantity of the controlled substance or substances specified in the request. ``(d) In the event the registrant desires to conduct research beyond the variations provided in the registrant's approved protocol (excluding any increase in the quantity of the controlled substance requested for his/her research project as outlined in paragraph (c) of this section), he/she shall submit three copies by registered mail, with a return receipt requested, of a supplemental protocol in accordance with paragraph (a) of this section describing the new research and omitting information in the supplemental protocol which has been stated in the original protocol. Unless explicitly denied, supplemental protocols shall be considered approved 30 days after the date on which the return receipt is returned.''. SEC. 5. MEDICAL RESEARCH ON CANNABIDIOL. (a) In General.--Notwithstanding any provision of the Controlled Substances Act (21 U.S.C. 801 et seq.), the Safe and Drug-Free Schools and Communities Act (20 U.S.C. 7101 et seq.), chapter 81 of title 41, United States Code, or any other Federal law, an appropriately registered covered institution of higher education, a practitioner, or a manufacturer may manufacture, distribute, dispense, or possess marihuana or cannabidiol if the marihuana or cannabidiol is manufactured, distributed, dispensed, or possessed, respectively, for purposes of authorized medical research. (b) Registration for Research Involving Cannabidiol.-- (1) Initial period.--During the period beginning on the date of enactment of this Act and ending on the date on which the Attorney General makes a determination regarding control of cannabidiol, an individual or entity engaged in authorized medical research may distribute, dispense, or possess cannabidiol for purposes of the authorized medical research if the individual or entity is registered under the Controlled Substances Act (21 U.S.C. 801 et seq.) to engage in such activity with a controlled substance in schedule II in section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)). (2) Completion of ongoing research.--If, as a result of the determination and proceedings described in section 3, cannabidiol is a controlled substance in schedule I in section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)), an individual or entity engaged in authorized medical research may continue to distribute, dispense, or possess cannabidiol for purposes of completing the authorized medical research if the individual or entity-- (A) was engaged in the authorized medical research in accordance with paragraph (1) on or before the date on which the proceedings are completed; and (B) is registered under the Controlled Substances Act (21 U.S.C. 801 et seq.) to engage in such activity with a controlled substance in schedule II in section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)). (c) Registration for the Commercial Production and Distribution of Food and Drug Administration Approved Drugs.--The Attorney General shall register an applicant to manufacture or distribute cannabidiol or marihuana for the purpose of commercial production of a drug containing or derived from marihuana that is approved by the Secretary of Health and Human Services under section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355), in accordance with the applicable requirements under subsection (a) or (b) of section 303 of the Controlled Substances Act (21 U.S.C. 823). (d) Timely Processing of Registration Applications.-- (1) In general.--Not later than 60 days after the Attorney General receives an application for registration under the Controlled Substances Act (21 U.S.C. 801 et seq.) to manufacture, distribute, dispense, or possess controlled substances, the Attorney General shall-- (A) grant or deny the application; or (B) request supplemental information. (2) Additional information.--Not later than 30 days after the Attorney General receives supplemental information as described in paragraph (1)(B) in connection with an application described in paragraph (1), the Attorney General shall grant or deny the application. (e) Information Regarding Denials.--If an application described in subsection (d)(1) is denied, the Attorney General shall provide a written explanation of the basis of denial to the applicant. SEC. 6. IMPORTATION OF CANNABIDIOL FOR RESEARCH PURPOSES. The Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.) is amended-- (1) in section 1002(a) (21 U.S.C. 952(a))-- (A) in paragraph (1), by striking ``and'' at the end; (B) in paragraph (2)(C), by inserting ``and'' after ``uses,''; and (C) inserting before the undesignated matter following paragraph (2)(C) the following: ``(3) such amounts of marihuana or cannabidiol as are-- ``(A) approved for authorized medical research (as such terms are defined in section 2 of the Cannabidiol Research Expansion Act), or ``(B) necessary for registered manufacturers to manufacture drugs containing marihuana or cannabidiol that have been approved for use by the Commissioner of Food and Drugs under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.),''; and (2) in section 1007 (21 U.S.C. 957), by amending subsection (a) to read as follows: ``(a)(1) Except as provided in paragraph (2), no person may-- ``(A) import into the customs territory of the United States from any place outside thereof (but within the United States), or import into the United States from any place outside thereof, any controlled substance or list I chemical, or ``(B) export from the United States any controlled substance or list I chemical, unless there is in effect with respect to such person a registration issued by the Attorney General under section 1008, or unless such person is exempt from registration under subsection (b). ``(2) Paragraph (1) shall not apply to the import or export of marihuana or cannabidiol that has been approved for-- ``(A) authorized medical research authorized under section 5 of the Cannabidiol Research Expansion Act; or ``(B) use by registered manufacturers to manufacture drugs containing marihuana or cannabidiol that have been approved for use by the Commissioner of Food and Drugs under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.).''. SEC. 7. SAFE HARBOR. (a) Definitions.--In this section-- (1) the term ``adult'' means an individual who is not less than 18 years of age; (2) the term ``child'' means an individual who is not more than 17 years of age; (3) the term ``intractable epilepsy'' means an epileptic seizure disorder for which standard medical treatment-- (A) does not prevent or significantly ameliorate recurring, uncontrollable seizures; or (B) results in harmful side effects; and (4) the term ``neurologist'' means an allopathic or osteopathic physician board-certified in neurology in good standing and licensed in the State in which the physician practices neurology. (b) Safe Harbor.--Notwithstanding the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or any other Federal law, it shall not be unlawful for-- (1) a legal guardian to possess or transport cannabidiol or any other nonpsychoactive component of marihuana for purposes of dispensing the cannabidiol or other nonpsychoactive component to a child of the legal guardian if-- (A) the child has been treated by a neurologist for intractable epilepsy for not less than 6 months; (B) the child's neurologist attests that other treatment options have not resulted in significant clinical improvement; (C) the child's neurologist attests that he or she has discussed the currently known potential harms and benefits of using cannabidiol or other nonpsychoactive components of marihuana as a treatment with the child's legal guardian; (D) the child's neurologist attests that he or she will monitor the child for potential adverse reactions; and (E) the legal guardian provides documentation for the requirements under subparagraphs (A), (B), (C), and (D); (2) an adult to possess or transport cannabidiol or any other nonpsychoactive component of marihuana if-- (A) the adult has been treated by a neurologist for intractable epilepsy for not less than 6 months; (B) the adult's neurologist attests that other treatment options have not resulted in significant clinical improvement; (C) the adult's neurologist attests that he or she has discussed the currently known potential harms and benefits of using cannabidiol or other nonpsychoactive components of marihuana as a treatment with the adult; (D) the adult's neurologist attests that he or she will monitor the adult for potential adverse reactions; and (E) the adult provides documentation for the requirements under subparagraphs (A), (B), (C), and (D); or (3) a State-licensed physician to discuss the currently known potential harms and benefits of cannabidiol or any other nonpsychoactive component of marihuana as a treatment with a patient of the physician, or the legal guardian of the patient if the patient is a child. (c) Sunset.--This section shall cease to have force or effect on the date that is 4 years after the date of enactment of this Act. SEC. 8. FEDERAL RESEARCH. The Secretary of Health and Human Services, either directly or through awarding grants, contracts, or cooperative agreements to covered institutions of higher education, medical or osteopathic schools, or practitioners, or a consortia of covered institutions of higher education, medical or osteopathic schools, or practitioners, shall expand, intensify, and coordinate the activities of the National Institutes of Health with respect to research on cannabidiol and other nonpsychoactive components of marihuana to better determine their potential therapeutic effects on serious medical conditions, including intractable epilepsy.

Cannabidiol Research Expansion Act This bill requires the Drug Enforcement Administration (DEA) and the Department of Health and Human Services to each evaluate whether cannabidiol, the nonpsychoactive substance derived from marijuana or the synthetic formulation, should be a controlled substance under the Controlled Substances Act. After taking into consideration the evaluations, the DEA must initiate proceedings for classifying cannabidiol as a controlled substance if control is warranted. The bill expands the authority for: (1) conducting medical research on cannabidiol and other nonpsychoactive components of marijuana, and (2) possessing or transporting cannabidiol or any other nonpsychoactive component of marijuana for certain medicinal purposes. The Department of Justice shall register an applicant to manufacture or distribute cannabidiol or marijuana for the purpose of commercial production if approved by HHS. Physicians who are licensed under state law may discuss the potential harms and benefits of cannabidiol or those components of marijuana as a treatment with their patients or the legal guardians of underage patients. The bill terminates four years after enactment.

Cannabidiol Research Expansion Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Summer Travel Delay Prevention Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Flight delays and cancellations hit all time highs at major airports nationwide during the summer of 2007, when-- (A) 20 percent more passengers were affected by flight delays than were affected during the previous summer; (B) nearly 621,000 flights were delayed, an increase of 15 percent compared with approximately 539,000 delayed flights in the summer of 2006; (C) such delays lasted an average of 60 minutes, a 7 percent increase from the average length of flight delays in the previous summer; (D) flight cancellations increased to 48,000, from 37,000 in the summer of 2006, affecting nearly 3,200,000 passengers; and (E) on board tarmac delays lasting at least 1 hour increased by 25 percent compared with the summer of 2006, affecting over 2,000,000 passengers. (2) The Inspector General of the Department of Transportation-- (A) identified the New York area as 1 of 3 saturation points across the country that impacted delays nationwide; (B) reported that the biggest airspace bottlenecks during the summer of 2007 were at the 3 major New York area airports and the surrounding airspace, accounting for more than \1/3\ of the flight delays nationwide; and (C) after analyzing the likelihood of having more or less delays at 5 of the busiest airports based on current traffic and existing systems, determined that the significant increase in the peak travel schedule at LaGuardia Airport in the summer 2008 has the potential to worsen delay conditions. (3) The 3 airports in the New York area, Kennedy Airport (JFK), LaGuardia Airport, and Newark Liberty Airport-- (A) are the 3 worst airports across the country in terms of on-time arrivals, with only 59 percent of flights arriving on time at JFK and LaGuardia; (B) are anticipated to experience massive delays in the summer of 2008; and (C) have a ripple effect on the national airspace system. (4) Between October 2006 and July 2007 at JFK, average daily operations increased by 23 percent and arrival delays of more than 1 hour increased by 114 percent, to more than 2,300. (5) The Federal Aviation Administration estimates that the number of passengers on commercial aircraft will increase by 36 percent between 2007 and 2015, to a total of 1,000,000,000 passenger trips. (6) Next generation air traffic control technology has the ability to significantly improve congestion problems, but the Federal Aviation Administration has repeatedly delayed its implementation, currently estimated to take place in 2025, 11 years later than originally predicted. (7) In addition to technology improvements, proven tools are available to reduce airspace congestion and address the massive delays. (8) During the Thanksgiving holidays in 2007, military airspace off the East Coast was opened for commercial use, significantly reducing holiday delays and congestion by creating an additional lane for traffic. (9) Empowering a director to oversee and coordinate operations in congested airspace has effectively reduced delays in South Florida, where some air carriers improved arrival performance by 44 percent and reduced delays lasting more than 90 minutes by 69 percent. SEC. 3. PLAN FOR SHARING MILITARY AND SPECIAL USE AIRSPACE. The Administrator of the Federal Aviation Administration, in consultation with the Secretary of Transportation and the Secretary of Defense, shall develop-- (1) a plan to open up special use airspace for additional lanes of air traffic at specific choke points during the summer of 2008; and (2) a permanent plan to share the military airspace off the eastern coast of the United States, which-- (A) creates a corridor for commercial flights seeking to avoid inclement weather or excessive air traffic; and (B) provides for immediate reclamation of such airspace by the Department of Defense in the event of a national emergency. SEC. 4. NEW YORK INTEGRATION OFFICE. (a) Budget Authority.--The Director of the New York Integration Office of the Federal Aviation Administration is authorized to transfer any amounts appropriated for the operations of such office to any function that the Director determines to be necessary to carry out any flight delay reduction project involving the airspace in the New York- New Jersey region. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Federal Aviation Administration such sums as may be necessary to carry out the responsibilities of the New York Integration Office, including hiring necessary support staff. SEC. 5. AVIATION TRAVELER TASK FORCE. (a) Findings.--Congress makes the following findings: (1) While aircraft safety should be a top priority for the Federal Aviation Administration and air carriers, compliance with Federal safety regulations should not come at the expense of passenger convenience. (2) One of the chief complaints of customers left stranded during April 2008 by massive cancellations was the lack of notification about the status of their flights. (3) Commercial air flight cancellations were announced with little advance notice, causing many travelers to discover that their flight was cancelled after they arrived at the airport. (4) Air carriers have also reduced the number of flights on their schedules, which has frustrated consumers' attempts to find replacement flights on other air carriers. (b) Establishment.--The Administrator of the Federal Aviation Administration shall establish an Aviation Traveler Task Force, comprised of Federal Aviation Administration employees and representatives of the commercial aviation industry. (c) Functions.--The Aviation Traveler Task Force shall-- (1) clarify interpretations of safety directives issued by the Federal Aviation Administration with which air carriers will soon need to comply; (2) develop contingency plans in the event that additional aircraft-- (A) are found to be out of compliance with such safety directives; and (B) need to be grounded; (3) generate ideas for the best way to notify passengers on a massive scale that their flights have been cancelled; and (4) design a notification system to alert passengers of potential service disruptions. (d) Inspection Plans.--The Administrator of the Federal Aviation Administration shall ensure that any standardized plan to perform inspections of commercial aircraft includes a plan to reduce groundings and other consequences resulting from such inspections.

Summer Travel Delay Prevention Act - Directs the Administrator of the Federal Aviation Administration (FAA) to develop: (1) a plan for opening up to commercial flights special use airspace for additional lanes of air traffic at specific choke points; and (2) a permanent plan for sharing military airspace off the eastern U.S. coast by such flights. Authorizes the Director of the New York Integration Office of the FAA to transfer appropriated amounts for Office operations to flight delay reduction projects in airspace over the New York-New Jersey region. Requires the FAA Administrator to establish an Aviation Traveler Task Force to: (1) clarify interpretations of FAA safety directives with which air carriers will soon need to comply; (2) develop contingency plans in the event that additional aircraft do not comply with such safety directives and need to be grounded; and (3) design a notification system to alert passengers of potential service disruptions.

A bill to develop a plan to share military and special use airspace along the eastern seaboard with commercial air traffic, to provide adequate resources for the FAA New York Integration Office, to establish an Aviation Traveler Task Force, and to design a notification system to alert passengers of potential service disruptions.

SECTION 1. TERMINATION OF RESIDENTIAL PURCHASE CONTRACTS AND CERTAIN CONSUMER CONTRACTS. Article III of the Soldiers' and Sailors' Civil Relief Act of 1940 (50 U.S.C. App. 530 et seq.) is amended by adding at the end the following new section: ``SEC. 307. TERMINATION BY SERVICEMEMBERS OF RESIDENTIAL PURCHASE CONTRACTS AND CERTAIN CONSUMER CONTRACTS ENTERED INTO BEFORE MILITARY SERVICE OR BEFORE PERMANENT CHANGE OF STATION OR DEPLOYMENT ORDERS. ``(a) Termination by Servicemember.--A person in military service who is a party to a contract described in subsection (b) may, at the person's option, terminate the contract at any time after-- ``(1) the date of the entry of the person into military service; or ``(2) the date of the military orders of the person described in paragraph (1)(B) or (2)(B) of subsection (b), as the case may be. ``(b) Covered Contracts.--This section applies to the following contracts: ``(1) Leases of motor vehicles.--A lease of a motor vehicle used, or intended to be used, by the lessee (or dependents of the lessee) for personal or business transportation if-- ``(A) the lease is executed by or on behalf of a person who thereafter and during the term of the lease enters military service (or receives order to enter military service) under a call or order specifying a period of not less than 90 days (or who enters military service under a call or order specifying a period of 90 days or less and who, without a break in service, receives orders extending the period of military service to a period of not less than 90 days); or ``(B) the lessee, while in military service, executes the lease and thereafter receives military orders for a permanent change of station outside of the continental United States or to deploy with a military unit for a period of not less than 90 days. ``(2) Telecommunications contracts.--A telecommunications contract for cellular phone service, cable or satellite television service, or internet service if-- ``(A) the contract is executed by or on behalf of a person who thereafter and during the term of the contract enters military service (or receives order to enter military service) under a call or order specifying a period of not less than 90 days (or who enters military service under a call or order specifying a period of 90 days or less and who, without a break in service, receives orders extending the period of military service to a period of not less than 90 days); or ``(B) the person enters into the contract while in military service and thereafter receives military orders for a permanent change of station outside of the continental United States, or to deploy with a military unit for a period of not less than 90 days, to a location that does not support continuation of the service under the contract. ``(3) Contract for purchase of residence.--A contract for the purchase of real property occupied, or intended to be occupied, by a person (or dependents of a person) for a residential purpose if before the contract is closed the person who executed the contract-- ``(A) enters military service or receives orders to enter military service; or ``(B) receives orders for a permanent change of station or to deploy with a military unit for a period of not less than 90 days. ``(c) Manner of Termination.-- ``(1) In general.--Termination of a contract under subsection (a) is made-- ``(A) by delivery by the person in military service of written notice of such termination to the other party to the contract (or that person's grantee or agent); and ``(B) in the case of a lease of a motor vehicle, by return of the motor vehicle by the lessee to the lessor not later than 10 days after the date of the delivery of notice under subparagraph (A). ``(2) Nature of notice.--Delivery of notice under paragraph (1)(A) may be accomplished-- ``(A) by hand delivery; ``(B) by private business carrier; or ``(C) by placing the written notice in an envelope with sufficient postage and with return receipt requested, and addressed as designated by the party to be notified (or that party's grantee or agent), and depositing the written notice in the United States mails. ``(d) Effective Date of Contract Termination.-- ``(1) Lease of motor vehicles.--In the case of a contract described in subsection (b)(1), termination of the lease under subsection (a) is effective on the day on which the requirements of subsection (c) are met for such termination. ``(2) Other contracts.--In the case of a contract described in subsection (b)(2) or (b)(3) termination of the contract is effective on the day on which the notice is delivered. ``(e) Arrearages and Other Obligations and Liabilities.--In the case of a contract described in subsection (b)(1) or (b)(2), contract amounts unpaid for the period preceding the effective date of the contract termination shall be paid on a prorated basis. In the case of the lease of a motor vehicle, the lessor may not impose an early termination charge, but any taxes, summonses, and title and registration fees and any other obligation and liability of the lessee in accordance with the terms of the lease, including reasonable charges to the lessee for excess wear, use and mileage, that are due and unpaid at the time of termination of the lease shall be paid by the lessee. ``(f) Refund of Lease Amounts Paid in Advance.--Lease amounts paid in advance for a period after the effective date of the termination of the lease shall be refunded to the lessee by the lessor (or the lessor's assignee or the assignee's agent). ``(g) Relief to Lessor.--Upon application by the other party to the contract to a court before the termination date provided in the written notice, relief granted by this section to a person in military service may be modified as justice and equity require. ``(h) Penalties.-- ``(1) Misdemeanor.--Any person who knowingly seizes, holds, or detains the personal effects, security deposit, or other property of a person in military service (or of a dependent of a person in military service) who lawfully terminates a contract covered by this section, or who knowingly interferes with the removal of such property from premises covered by such contract, for the purpose of subjecting or attempting to subject any of such property to a claim for contract payments accruing subsequent to the date of termination of such lease, or attempts to do so, shall be fined as provided in title 18, United States Code, or imprisoned for not more than one year, or both. ``(2) Preservation of other remedies.--The remedy and rights provided under this section are in addition to and do not preclude any remedy for wrongful conversion otherwise available under law to the person claiming relief under this section, including any award for consequential or punitive damages.''.

Amends the Soldiers' and Sailors' Civil Relief Act of 1940 to allow a person in military service to terminate a contract for the lease of a motor vehicle, a telecommunications contract, or a contract for the purchase of a residence at any time after: (1) entry into military service; or (2) the date of the lessee's station or deployment orders. (Currently, such a person may terminate only a residential lease and only after entry into military service.) Requires, in order for such terminations to occur: (1) the call or order to service or the deployment period to be for at least 90 days, in the case of the motor vehicle lease or the telecommunications contract; and (2) the deployment period to be at least 90 days, in the case of the contract for the purchase of a residence.

To amend the Soldiers' and Sailors' Civil Relief Act of 1940 to provide protections to members of the Armed Forces who terminate certain consumer contracts and real estate residential purchase contracts entered into before permanent change of station or deployment orders or motor vehicle leases entered into before military service.

SECTION 1. SHORT TITLE. This Act may be cited as the ``NASA Innovation Fund and Sponsorship Act of 2007''. SEC. 2. NASA INNOVATION FUND. (a) Creation.-- (1) Establishment.--There is established in the Treasury of the United States a trust fund, to be known as the ``NASA Innovation Fund'' (referred to in this Act as the ``Fund''), consisting of such amounts as may be transferred to the Fund under paragraph (2). (2) Transfer.--Any amount collected from charitable donations or in accordance with the program authorized under section 4 shall be transferred to the Fund. (b) Expenditures.--Amounts in the Fund may be used, to the extent provided in advance in appropriations Acts, as follows: (1) Advertising.--Not more than 10 percent of amounts transferred to the Fund in each fiscal year, not to exceed $1,000,000, may be used by the Administrator in such fiscal year for advertising under subsection (c) of section 314 of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2459f- 1(c)). (2) Administration.--Not more than $200,000 of amounts in the Fund may be used by the Administrator in each fiscal year for expenses incurred in administering the prize competition described under section 314 of such Act. (3) Prize money.--Any amounts in the Fund not expended under paragraph (1) or (2) may be used for any prize awarded under section 314 of such Act. (c) Investment of Amounts.-- (1) Amounts available.--The Secretary of the Treasury shall invest such portion of the Fund as is not required, in the determination of the Secretary, to meet current withdrawals. (2) Interest-bearing obligations.--Investments may be made only in interest-bearing obligations of the United States. (3) Acquisition of obligations.--Pursuant to paragraphs (1) and (2), obligations may be acquired-- (A) on original issue at the issue price; or (B) by purchase of outstanding obligations at the market price. (4) Sale of obligations.--Any obligation acquired by the Fund may be sold by the Secretary of the Treasury at market price. (5) Credits to fund.--The interest on and proceeds from the sale or redemption of any obligations held in the Fund shall be credited to and form part of the Fund. SEC. 3. NASA INNOVATION FUND SPONSORSHIP ADVISORY COMMITTEE. (a) Establishment.--There is established within the National Aeronautics and Space Administration the NASA Innovation Fund Sponsorship Advisory Committee (referred to in this Act as the ``Advisory Committee'') to advise the Administrator on carrying out the program authorized under this section and section 4. (b) Membership.-- (1) Composition.--The Advisory Committee shall consist of 5 citizens of the United States, including persons with expertise in mathematics or science education, and in promotional activities, appointed by the Administrator not later than 90 days after the date of the enactment of this Act. The Administrator shall seek to include individuals from academia, the nonprofit sector, and the private sector. The Administrator shall appoint a Chair and a Vice Chair for the Advisory Committee. (2) Terms.-- (A) Length.--Each member of the Advisory Committee appointed under paragraph (1) shall serve for a term of three years, but the lengths of the initial terms of such members shall be staggered to ensure continuity of administration. (B) Vacancy.--If a seat on the Advisory Committee to which a member of the Advisory Committee is appointed under paragraph (1) becomes vacant due to the departure of such member prior to the expiration of the term of such member, a successor may be appointed by the Administrator to serve the remainder of the term of such member. (C) Reappointment.--A member of the Advisory Committee appointed under paragraph (1) may not serve on the Advisory Committee for more than 6 years. (3) Compensation.--No compensation shall be paid to members of the Advisory Committee for their services as members, but members shall be reimbursed for actual and necessary traveling and subsistence expenses incurred in the performance of the duties of the Advisory Committee. (c) Meetings.-- (1) Frequency.--The Advisory Committee shall meet not less than 4 times each year, and the Administrator may call additional meetings. (2) Presence of nasa officers.--The Administrator and the Chief of Strategic Communications of NASA, or their designees, shall be present at each meeting of the Advisory Committee to provide technical or programmatic guidance. SEC. 4. INNOVATION FUND SPONSORSHIP PROGRAM. (a) Authorization.-- (1) Innovation fund sponsorship program.--The Administrator is authorized to create and administer an Innovation Fund Sponsorship Program, which shall permit any person to develop and implement a promotional program that includes the use of the Partnership Logo in exchange for a monetary contribution to the Fund from such person. (2) Sponsor.--Pursuant to subsection (c)(2), for the purposes of this section, a person whose application to participate in the Innovation Fund Sponsorship Program has been approved shall be known as a ``sponsor''. (b) Partnership Logo.--The Administrator shall select and adopt a logo to be used in the promotional program of any sponsor. Such logo shall be based on the recommendations of the Advisory Committee. Such logo shall include the words ``NASA Innovation Fund Partner'' and an appropriate image, as determined by the Advisory Committee. (c) Application Process.--To be eligible to be selected as a sponsor, a person shall submit to the Administrator an application in such form, at such time, and containing such information as the Administrator may require. The proposals shall be reviewed by the Advisory Committee, which shall make recommendations to the Administrator. Each such application shall include the following: (1) The amount to be contributed by such person to the Fund. (2) A specific description of the promotional program (using the Partnership Logo) such person plans to develop, which shall include at least one of the following: (A) Presenting educational information concerning science, technology, engineering, or mathematics, or directing the audience of such program to such information. (B) Promoting educational programs concerning science, technology, engineering, or mathematics and encouraging the study of such disciplines. (C) Promoting specific employment and educational opportunities in science, technology, engineering, or mathematics. (d) Sponsorship Agreement.--Each person whose application is approved pursuant to subsection (c) shall enter into a sponsorship agreement with the Administrator which shall-- (1) require that such person provide to the Administrator an amount not less than the amount specified under subsection (c)(1); and (2) permit such person to use the Partnership Logo in the promotional program of such person as described in the application submitted under paragraph (2) of such subsection. (e) Restrictions.--A promotional program under this section may not include the following: (1) No logos on spacecraft.--The application of any logo or advertisement to the exterior surfaces of the International Space Station, NASA launch vehicles, or Federal Government payloads. (2) No astronaut endorsements.--The endorsement of or appearance in any advertisement for any product by any NASA astronaut. (3) No agency-wide endorsement.--The endorsement by NASA of any product or service of any sponsor. (4) No in-kind contribution.--The receipt of any contribution under subsection (d)(1) in any form other than cash. (5) Minimum level of contribution.--An expected contribution under subsection (c)(1) that is less than a minimum amount that the Administrator may establish. (6) General restrictions.--Any other feature that the Administrator determines to be inappropriate. (f) Protection of Proprietary Information.--The Administrator shall establish procedures to ensure appropriate protection of any proprietary information submitted pursuant to this section. (g) Statement of Congress Relating to NASA Participation.--Congress strongly encourages NASA to carry out the activities authorized in subsection (c) of section 314 of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2459f-1(c)) and to provide assistance to sponsors to carry out promotional programs authorized under this section, as the Administrator determines to be appropriate. (h) Enforcement.-- (1) Unauthorized persons.--If any person who is not a sponsor uses the Partnership Logo in connection with any promotion of goods, services, or commercial activity in a manner reasonably tending to suggest that such use is approved, endorsed, or authorized by the Administrator, the Administrator may commence a civil action for preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order, and such person shall be liable to the Administrator for a civil penalty in the amount of $100,000 for each such violation. The Administrator shall transfer any amounts received under this paragraph to the Fund. (2) Unauthorized promotional programs.--If any sponsor implements any promotional program using the Partnership Logo that does not conform to the requirements of this Act, the Administrator may commence a civil action for preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order. (i) Report.--Not later than October 31 of each year, the Administrator shall transmit to Congress a report-- (1) that describes, with respect to the preceding fiscal year all actions taken by the National Aeronautics and Space Administration under this section, including-- (A) a full statement of receipts; (B) a full statement of expenditures; and (C) an evaluation of the efficiency and value of the Innovation Fund Sponsorship Program; and (2) that includes a report from the Advisory Committee on its actions with respect to the preceding fiscal year. (j) Consultation.--Each year, the Advisory Committee shall consult with the director of each of the following NASA Centers to solicit ideas to improve the program authorized under this section and section 4: (1) Ames Research Center. (2) Dryden Flight Research Center. (3) Glenn Research Center. (4) Goddard Space Flight Center. (5) Jet Propulsion Laboratory. (6) Johnson Space Center. (7) Kennedy Space Center. (8) Langley Research Center. (9) Marshall Space Flight Center. (10) Stennis Space Center. SEC. 5. CONFORMING AMENDMENT. Paragraph (1) of section 314(i) of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2459f-1(i)(1)) is amended by inserting before the period at the end the following: ``, except as provided in the NASA Innovation Fund and Sponsorship Act of 2007.''. SEC. 6. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the National Aeronautics and Space Administration. (2) NASA.--The term ``NASA'' means the National Aeronautics and Space Administration. (3) Partnership logo.--The term ``Partnership Logo'' means the logo selected and adopted in accordance with section 4(b). (4) Promotional program.--The term ``promotional program'' means any set of coordinated actions taken by a person to publicize or make publicly recognizable a particular good, service, program, or person.

NASA Innovation Fund and Sponsorship Act of 2007 - Establishes within the National Aeronautics and Space Administration (NASA) a NASA Innovation Fund into which amounts collected from charitable donations or in accordance with the Innovation Fund Sponsorship Program (created by this Act) shall be transferred. Authorizes and sets limits on the use of amounts in the Fund for: (1) advertising prize competitions under NASA's Centennial Challenges prize program to stimulate innovation in basic and applied research, technology development, and prototype demonstration that have the potential for application to the performance of space and aeronautical activities of NASA; and (2) expenses incurred in the administration of such competitions. Establishes the NASA Innovation Fund Sponsorship Advisory Committee to advise the Administrator of NASA on carrying out the Innovation Fund Sponsorship Program. Permits any person, under the Innovation Fund Sponsorship Program, to develop and implement a promotional program that includes the use of a partnership logo in exchange for a monetary contribution to the Fund from such person. Requires the NASA Administrator to select and adopt the logo to be used in the promotional program of any sponsor, based upon the recommendations of the Advisory Committee. Requires the NASA Administrator to transmit annual reports to Congress on all action taken by NASA under such Program. Requires the Advisory Committee to annually consult with the directors of specified NASA Centers to solicit ideas for the improvement of such Program.

To create a sponsorship program to help fund NASA's Centennial Challenges prize program and expand public awareness of NASA activities and technology needs, and for other purposes.

SECTION 1. CONVEYANCE TO LANDER COUNTY, NEVADA. (a) Findings.--Congress finds that the following: (1) The historical use by settlers and travelers since the late 1800's of the cemetery known as ``Kingston Cemetery'' in Kingston, Nevada, predates incorporation of the land within the jurisdiction of the Forest Service on which the cemetery is situated. (2) It is appropriate that use be continued through local public ownership of the parcel rather than through the permitting process of the Federal agency. (3) In accordance with Public Law 85-569 (commonly known as the ``Townsite Act''; 16 U.S.C. 478a), the Forest Service has conveyed to the Town of Kingston 1.25 acres of the land on which historic gravesites have been identified. (4) To ensure that all areas that may have unmarked gravesites are included, and to ensure the availability of adequate gravesite space in future years, an additional parcel consisting of approximately 8.75 acres should be conveyed to the county so as to include the total amount of the acreage included in the original permit issued by the Forest Service for the cemetery. (b) Conveyance on Condition Subsequent.--Subject to valid existing rights and the condition stated in subsection (e), the Secretary of Agriculture, acting through the Chief of the Forest Service (referred to in this section as the ``Secretary''), not later than 90 days after the date of enactment of this Act, shall convey to Lander County, Nevada (referred to in this section as the ``county''), for no consideration, all right, title, and interest of the United States in and to the parcel of land described in subsection (c). (c) Description of Land.--The parcel of land referred to in subsection (b) is the parcel of National Forest System land (including any improvements on the land) known as ``Kingston Cemetery'', consisting of approximately 10 acres and more particularly described as SW1/4SE1/4SE1/4 of section 36, T. 16N., R. 43E., Mount Diablo Meridian. (d) Easement.--At the time of the conveyance under subsection (b), subject to subsection (e)(2), the Secretary shall grant the county an easement allowing access for persons desiring to visit the cemetery and other cemetery purposes over Forest Development Road #20307B, notwithstanding any future closing of the road for other use. (e) Condition on Use of Land.-- (1) In general.--The county (including its successors) shall continue the use of the parcel conveyed under subsection (b) as a cemetery. (2) Reversion.--If the Secretary, after notice to the county and an opportunity for a hearing, makes a finding that the county has used or permitted the use of the parcel for any purpose other than the purpose specified in paragraph (1), and the county fails to discontinue that use-- (A) title to the parcel shall revert to the United States to be administered by the Secretary; and (B) the easement granted to the county under subsection (d) shall be revoked. (3) Waiver.--The Secretary may waive the application of paragraph (2)(A) or (2)(B) if the Secretary determines that such a waiver would be in the best interests of the United States. SEC. 2. CONVEYANCE TO EUREKA COUNTY, NEVADA. (a) Findings.--Congress finds the following: (1) The historical use by settlers and travelers since the late 1800s of the cemetery known as ``Maiden's Grave Cemetery'' in Beowawe, Nevada, predates incorporation of the land within the jurisdiction of the Bureau of Land Management on which the cemetery is situated. (2) It is appropriate that such use be continued through local public ownership of the parcel rather than through the permitting process of the Federal agency. (b) Conveyance on Condition Subsequent.--Subject to valid existing rights and the condition stated in subsection (e), the Secretary of the Interior, acting through the Director of the Bureau of Land Management (referred to in this section as the ``Secretary''), not later than 90 days after the date of enactment of this Act, shall convey to Eureka County, Nevada (referred to in this section as the ``county''), for no consideration, all right, title, and interest of the United States in and to the parcel of land described in subsection (c). (c) Description of Land.--The parcel of land referred to in subsection (b) is the parcel of public land (including any improvements on the land) known as ``Maiden's Grave Cemetery'', consisting of approximately 10 acres and more particularly described as S1/2NE1/4SW1/ 4SW1/4, N1/2SE1/4SW1/4SW1/4 of section 10, T.31N., R.49E., Mount Diablo Meridian. (d) Easement.--At the time of the conveyance under subsection (b), subject to subsection (e)(2), the Secretary shall grant the county an easement allowing access for persons desiring to visit the cemetery and other cemetery purposes over an appropriate access route consistent with current access. (e) Condition on Use of Land.-- (1) In general.--The county (including its successors) shall continue the use of the parcel conveyed under subsection (b) as a cemetery. (2) Reversion.--If the Secretary, after notice to the county and an opportunity for a hearing, makes a finding that the county has used or permitted the use of the parcel for any purpose other than the purpose specified in paragraph (1), and the county fails to discontinue that use-- (A) title to the parcel shall revert to the United States to be administered by the Secretary; and (B) the easement granted to the county under subsection (d) shall be revoked. (3) Waiver.--The Secretary may waive the application of paragraph (2)(A) or (2)(B) if the Secretary determines that such a waiver would be in the best interests of the United States. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Directs the Secretary of Agriculture to convey certain land to Lander County, Nevada, and the Secretary of the Interior to convey certain land to Eureka County, Nevada, for continued cemetery use. Permits the lands to be used for purposes other than as cemeteries upon a determination by the relevant Secretary that such use is in the interests of the United States.

To direct the Secretary of Agriculture to convey certain land to Lander County, Nevada, and the Secretary of the Interior to convey certain land to Eureka County, Nevada, for continued use as cemeteries.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Earnings Test Amendments of 1993''. SEC. 2. 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 paragraph (1) of subsection (c) and paragraphs (1)(A) and (2) of subsection (d), by striking ``the age of seventy'' and inserting ``retirement age (as defined in section 216(1))''; (2) 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(1))''; (3) in subsection (f)(3), 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 by striking ``age 70'' and inserting ``(retirement age (as defined in section 216(1))''; (4) in subsection (h)(1)(A), by striking ``age 70'' each place it appears and inserting ``(retirement age (as defined in section 216(1))''; and (5) in subsection (j), by striking ``Age Seventy'' in the heading and inserting ``Retirement Age'', and by striking ``seventy years of age'' and inserting ``having attained retirement age (as defined in section 216(1))''. (b) 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 the last sentence of subsection (c), 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 such 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''. SEC. 3. INCREASE IN EXEMPT AMOUNT UNDER EARNINGS TEST FOR BENEFICIARIES UNDER RETIREMENT AGE. (a) In General.--Section 203(f)(8)(D) of the Social Security Act (42 U.S.C. 403(f)(8)(D)) is amended to read as follows: ``(D)(i) Notwithstanding any other provision of this subsection, the exempt amount which is applicable to an individual shall be $829.16 for each month of the individual's taxable year ending after 1993 and before 1995. ``(ii) For purposes of subparagraph (B)(ii)(II), the increase in the exempt amount provided under clause (i) shall be deemed to have resulted from a determination which shall be deemed to have been made under subparagraph (A) in 1993.''. (b) Conforming Amendments.-- (1) Section 203(f) of such Act (42 U.S.C. 403(f)) is further amended-- (A) in paragraphs (1), (3), and (4)(B), by striking ``the applicable exempt amount'' and inserting ``the exempt amount''; (B) in paragraph (8)(A), 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 effective''; and (C) in paragraph (8)(B)-- (i) by striking ``the exempt amount'' and all that follows through ``whichever'' in the matter preceding clause (i) and inserting ``the exempt amount for each month of a particular taxable year shall be whichever''; (ii) by striking ``corresponding'' in clause (i); and (iii) by striking ``an exempt amount'' in the last sentence and inserting ``the exempt amount''. (2) Section 203(h)(1)(A) of such Act (42 U.S.C. 403(h)(1)(A)) is amended by striking ``the applicable exempt amount'' and inserting ``the exempt amount''. (3) Section 223(d)(4) of such Act (42 U.S.C. 423(d)(4)) is amended by striking ``which is applicable to individuals described in subparagraph (D) thereof'' and inserting ``which would be applicable to individuals described in subparagraph (D) thereof as in effect on December 31, 1993, but for the amendments made by the Social Security Earnings Test Amendments of 1993''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to taxable years beginning after December 31, 1993.

Social Security Earnings Test Amendments of 1993 - 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 without incurring a reduction in benefits. Sets a monthly limit on the amount other OASDI beneficiaries may earn in a taxable year ending in 1994 before incurring a benefit reduction.

Social Security Earnings Test Amendments of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Credit Card Consumer Protection Act of 1999''. SEC. 2. FEES FOR ON-TIME PAYMENTS PROHIBITED. Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended by adding at the end the following new subsection: ``(h) Fees for On-Time Payments Prohibited.-- ``(1) In general.--In the case of any credit card account under an open-end consumer credit plan, no minimum finance charge for any period (including any annual period), and no fee in lieu of a minimum finance charge, may be imposed with regard to such account or credit extended under such account solely on the basis that any credit extended has been repaid in full before the end of any grace period applicable with respect to the extension of credit. ``(2) Scope of application.--Paragraph (1) shall not be construed as-- ``(A) prohibiting the imposition of any flat annual fee which may be imposed on the consumer in advance of any annual period to cover the cost of maintaining a credit card account during such annual period without regard to whether any credit is actually extended under such account during such period; or ``(B) otherwise affecting the imposition of the actual finance charge applicable with respect to any credit extended under such account during such annual period at the annual percentage rate disclosed to the consumer in accordance with this title for the period of time any such credit is outstanding.''. SEC. 3. FREEZE ON INTEREST RATE TERMS AND FEES ON CANCELED CARDS. Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended by inserting after subsection (h) (as added by section 2 of this Act) the following new subsection: ``(i) Freeze on Interest Rate Terms and Fees on Canceled Cards.-- ``(1) Advance notice of increase in interest rate required.--In the case of any credit card account under an open-end consumer credit plan, no increase in any annual percentage rate of interest (other than an increase due solely to a change in another rate of interest to which such rate is indexed) applicable to any outstanding balance of credit under such plan may take effect before the beginning of the billing cycle which begins not less than 15 days after the accountholder receives notice of such increase. ``(2) Increase not effective for canceled accounts.--If an accountholder referred to in paragraph (1) cancels the credit card account before the beginning of the billing cycle referred to in such paragraph and surrenders all unexpired credit cards issued in connection with such account-- ``(A) an annual percentage rate of interest applicable after the cancellation with respect to the outstanding balance on such account as of the date of cancellation may not exceed any annual percentage rate of interest applicable with respect to such balance under the terms and conditions in effect before the increase referred to in paragraph (1); and ``(B) the repayment of such outstanding balance after the cancellation shall be subject to all other terms and conditions applicable with respect to such account before the increase referred to in such paragraph. ``(3) Notice of right to cancel.--The notice referred to in paragraph (1) with respect to an increase in annual percentage rate of interest shall contain a brief description of the right of the consumer-- ``(A) to cancel the account before the effective date of the increase; and ``(B) after such cancellation, to pay any balance outstanding on such account at the time of cancellation in accordance with the terms and conditions in effect before the cancellation.''. SEC. 4. DISCLOSURE OF FEES AND INTEREST RATES ON CREDIT ADVANCES THROUGH THE USE OF 3D PARTY CHECKS. Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended by inserting after subsection (i) (as added by section 3 of this Act) the following new subsection: ``(j) Fees and Interest Rates on Credit Advances Through the Use of 3d Party Checks.-- ``(1) In general.--In the case of any credit card account under an open-end consumer credit plan, a creditor may not provide the accountholder with any negotiable or transferable instrument for use in making an extension of credit to the accountholder for the purpose of making a transfer to a 3d party, unless the creditor has fully satisfied the notice requirements of paragraph (2) with respect to such instrument. ``(2) Notice requirements.--A creditor meets the notice requirements of this paragraph with respect to an instrument referred to in paragraph (1) if the creditor provides, to an accountholder at the same time any such instrument is provided, a notice which prominently and specifically describes-- ``(A) the amount of any transaction fee which may be imposed for making an extension of credit through the use of such instrument, including the exact percentage rate to be used in determining such amount if the amount of the transaction fee is expressed as a percentage of the amount of the credit extended; and ``(B) any annual percentage rate of interest applicable in determining the finance charge for any such extension of credit.''. SEC. 5. PROHIBITION ON OVER-THE-LIMIT FEES IN CREDITOR-APPROVED TRANSACTIONS. Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended by inserting after subsection (j) (as added by section 4 of this Act) the following new subsection: ``(k) Limitation on Imposition of Over-the-Limit Fees.--In the case of any credit card account under an open-end consumer credit plan, a creditor may not impose any fee on the accountholder for any extension of credit in excess of the amount of credit authorized to be extended with respect to such account if the extension of credit is made in connection with a credit transaction which the creditor approves in advance or at the time of the transaction.''. SEC. 6. PROHIBITION ON 2-CYCLE BILLING. Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended by inserting after subsection (k) (as added by section 5 of this Act) the following new subsection: ``(l) Prohibition on 2-Cycle Billing.--In the case of any credit card account under an open-end consumer credit plan, if the creditor provides, with regard to any new extension of credit under such account, a period during which such extension of credit may be repaid without incurring a finance charge for such extension of credit, no finance charge may subsequently be imposed for such period with regard to any unpaid balance (as of the end of such period) of such extension of credit.''. SEC. 7. DISCLOSURES RELATED TO ``TEASER RATES''. Section 127(c) of the Truth in Lending Act (15 U.S.C. 1637(c)) is amended-- (1) by redesignating paragraph (5) as paragraph (6); and (2) by inserting after paragraph (4) the following new paragraph: ``(5) Additional notice concerning `teaser rates'.-- ``(A) In general.--If any application or solicitation for a credit card for which a disclosure is required under this subsection offers, for an introductory period of less than 1 year, an annual percentage rate of interest which-- ``(i) is less than the annual percentage rate of interest which will apply after the end of such introductory period; or ``(ii) in the case of an annual percentage rate which varies in accordance with an index, which is less than the current annual percentage rate under the index which will apply after the end of such period, the application or solicitation shall contain the disclosure contained in subparagraph (B) or (C), as the case may be. ``(B) Fixed annual percentage rate.--If the annual percentage rate which will apply after the end of the introductory period will be a fixed rate, the application or solicitation shall include the following disclosure: ``The annual percentage rate of interest applicable during the introductory period is not the annual percentage rate which will apply after the end of the introductory period. The permanent annual percentage rate will apply after (insert date) and will be (insert percentage rate).''. ``(C) Variable annual percentage rate.--If the annual percentage rate which will apply after the end of the introductory period will vary in accordance with an index, the application or solicitation shall include the following disclosure: ``The annual percentage rate of interest applicable during the introductory period is not the annual percentage rate which will apply after the end of the introductory period. The permanent annual percentage rate will be determined by an index and will apply after (insert date). If the index which will apply after such date were applied to your account today, the annual percentage rate would be (insert percentage rate).''. ``(D) Form of disclosure.--The disclosure required under this paragraph shall be made in a clear and conspicuous manner in a form at least as prominent as the disclosure of the annual percentage rate of interest which will apply during the introductory period.''. SEC. 8. DISCLOSURES RELATING TO THE DATES PAYMENTS ARE DUE. Section 127(b)(9) of the Truth in Lending Act (15 U.S.C. 1637(b)(9)) is amended by striking ``The date by which or the period (if any) within which, payment must be made to avoid additional finance charges,'' and inserting ``In a prominent place on the face of the statement, the date of the last full business day on which payment may be received before the imposition of late fees or additional finance charges (without regard to whether payment may be received on a subsequent nonbusiness day or during a portion of a subsequent business day before any such fee or charge is imposed) and a conspicuous notice that the failure to remit payment in sufficient time for the payment to be processed by such date may result in substantial late fees or additional finance charges,''. SEC. 9. PROHIBITION ON MINIMUM PAYMENT AMOUNTS THAT RESULT IN NEGATIVE AMORTIZATION. Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended by inserting after subsection (l) (as added by section 6 of this Act) the following new subsection: ``(m) Prohibition on Minimum Payment Amounts That Result in Negative Amortization.-- ``(1) In general.--In the case of any credit card account under an open-end consumer credit plan, the minimum amount of any periodic payment required to be made on any outstanding balance may not be less than the finance charge applicable with respect to such outstanding balance for such period. ``(2) Disclosures required in case of low amortization rate.--If, in the case of any credit card account under an open-end consumer credit plan, the minimum amount of any periodic payment required to be made on any outstanding balance reduces the outstanding balance by less than 2 percent of such balance, after payment of any finance charge and fees imposed for such period, the periodic statement required under subsection (b) with respect to such account shall include a conspicuous notice in a prominent place on the statement of-- ``(A) the fact that the outstanding balance will be reduced by less than 2 percent if the consumer only pays the minimum amount; and ``(B) the period of time which would be required to pay off the outstanding balance if the consumer paid only the minimum amount of each periodic payment required until such balance is fully repaid. ``(3) Exception under exigent circumstances.--In addition to any other authority of the Board under this title to prescribe regulations, the Board may prescribe regulations which permit exceptions to the application of paragraph (1) with respect to any consumer who requests a creditor to agree to a payment deferral plan for a limited period of time due to loss of employment, illness, or incapacity, or such other exigent circumstances the Board may describe in such regulations.''.

Credit Card Consumer Protection Act of 1999- Amends the Truth in Lending Act to: (1) prohibit fee assessment against a credit card account under an open-end consumer credit plan solely on the basis of on-time payments; (2) require advance notice of any interest rate increase for a credit card account, and of the consumer's right to cancel such account before the effective date of that increase; and (3) prohibit post-cancellation increases in interest rates and fees on the outstanding balance of any canceled cards. Mandates disclosure to a credit card account holder of the fees and interest rates imposed upon credit advances through the use of third party checks. Proscribes over-the-limit fees in creditor-approved transactions, and two-cycle billing. Prescribes additional notice requirements governing: (1) introductory rates to identify the fixed and variable interest rate which will apply following the introductory period; (2) last payment date and payment processing date before imposition of late fees; and (3) the period of time required to pay off the outstanding balance if only the minimum payment is forwarded.

Credit Card Consumer Protection Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Elderly Housing Plus Health Support Demonstration Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that-- (1) there are at least 34,100,000 Americans who are 65 years and older, and persons who are 85 years of age or older (often called the oldest old) comprise almost one-quarter of that population; (2) the Bureau of the Census of the Department of Commerce estimates that, by 2030, the elderly population will double to 70,000,000 persons; (3) according to the Department of Housing and Urban Development report ``Housing Our Elders--A Report Card on the Housing Conditions and Needs of Older Americans'', the largest and fastest growing segments of the older population include many people who have historically been vulnerable economically and in the housing market--women, minorities, and the oldest old; (4) many elderly persons are at significant risk with respect to the availability, stability, and accessibility of affordable housing, as evidenced by a recent study which indicates that 1,700,000 low-income senior households spend more than one-half of their incomes on housing; (5) over 1,000,000 of the approximately 3,700,000 Americans who are 62 years of age or older and are living in federally assisted housing reside in public housing, thereby making it the largest Federal housing program for senior citizens; (6) the elderly population residing in public housing is older, poorer, frailer, and more racially diverse than the elderly population residing in other assisted housing; (7) two-thirds of the public housing developments for the elderly, including those that also serve the disabled, were constructed before 1970 and are in dire need of major rehabilitation, such as rehabilitation to provide new roofs, energy-efficient heating, cooling, and utility systems, and up- to-date safety features, such as sprinklers, fire alarms, and security systems; (8) many of the dwelling units in public housing developments for elderly and disabled persons are undersized, are inaccessible to residents with physical limitations, do not comply with the requirements under the Americans with Disabilities Act of 1990, or lack railings, grab bars, emergency call buttons, and wheel chair accessible ramps; (9) a recent study for the Department of Housing and Urban Development found that the cost of the basic modernization needs for public housing for elderly and disabled persons exceeds $5,700,000,000; (10) a growing number of elderly and disabled persons face unnecessary institutionalization because of the absence of appropriate supportive services and assisted living facilities in their residences; (11) for many elderly and disabled persons, independent living in a non-institutionalization setting is a preferable housing alternative to costly institutionalization, and would allow public monies to be more effectively used to provide necessary services for such persons; (12) congregate housing and supportive services coordinated by service coordinators is a proven and cost-effective means of enabling elderly and disabled persons to remain in place with dignity and independence; and (13) the effective provision of congregate services and assisted living in public housing developments often requires the redesign of units and buildings to accommodate independent living. (b) Purposes.--The purposes of this Act are-- (1) to establish a program to demonstrate the effectiveness of making competitive grants to provide state-of-the-art health-supportive housing with assisted living opportunities for elderly and disabled persons; (2) to provide funding to enhance, make safe and accessible, and extend the useful life of public housing developments for the elderly and disabled and to increase their accessibility to supportive services; (3) to provide elderly and disabled public housing residents a readily available choice in living arrangements by utilizing the services of service coordinators and providing a continuum of care that allows such residents to age in place; (4) to incorporate congregate housing service programs more fully into public housing operations; and (5) to accomplish such purposes and provide such funding under existing provisions of law that currently authorize all activities to be conducted under the demonstration program. SEC. 3. AUTHORITY FOR ELDERLY HOUSING PLUS HEALTH SUPPORT DEMONSTRATION PROGRAM. The Secretary of Housing and Urban Development (in this Act referred to as the ``Secretary'') shall carry out an elderly housing plus health support demonstration program under this Act to demonstrate the effectiveness of providing coordinated funding for selected public housing projects for elderly and disabled families to provide amounts for rehabilitating such projects, for providing space in such projects for supportive services and community and health facilities, for providing service coordinators for such projects, and for providing congregate services programs in or near such projects. SEC. 4. PARTICIPATION IN PROGRAM. (a) Application and Plan.--To be eligible to be selected for participation in the demonstration program under this Act, a public housing agency shall submit to the Secretary-- (1) an application, in such form and manner as the Secretary shall require; and (2) a plan for the agency that-- (A) identifies the public housing projects for which amounts provided under this Act will be used, which may only be projects that are designated, or otherwise used, for occupancy (i) only by elderly families, or (ii) by both elderly families and disabled families; and (B) provides for local agencies or organizations to establish or expand the provision of health-related services or other services that will enhance living for residents of public housing projects of the agency, primarily in the project or projects to be assisted under the demonstration program. (b) Selection and Criteria.--The Secretary shall select public housing agencies for participation in the demonstration program under this Act based upon a competition among public housing agencies submitting applications for participation. The competition shall be based upon the following criteria: (1) The extent of the need, for the projects of an agency that are identified in the plan of the agency pursuant to section 4(a)(2)(A), for rehabilitation activities. (2) The past performance of an agency in serving the needs of elderly public housing residents or non-elderly, disabled public housing residents. (3) The past success of an agency in obtaining non-public housing resources to assist such residents. (4) The effectiveness of the plan of an agency in creating or expanding services described in subsection (a)(2)(B). SEC. 5. CAPITAL IMPROVEMENTS. (a) Assistance.--To the extent amounts are made available under subsection (c), the Secretary shall provide assistance from the Capital Fund established under section 9(d)(1) of the United States Housing Act of 1937 (42 U.S.C. 1437g(d)(1)) to public housing agencies selected for participation in the demonstration program under this Act for use only for capital improvements to rehabilitate public housing projects identified in the plan of the agency pursuant to section 4(a)(2)(A) of this Act or to provide space for supportive services and for community and health-related facilities primarily for the residents of such projects. (b) Allocation.--Amounts made available under subsection (c) shall be allocated among public housing agencies selected to participate in the demonstration program under this Act on the basis of the criteria under section 4(b). Section 9(c)(1) of the United States Housing Act of 1937 (42 U.S.C. 1437g(c)(1)) shall not apply to such amounts. (c) Authorization of Appropriations.--For providing assistance under this section in connection with the demonstration program under this Act, there is authorized to be appropriated to the Capital Fund established under section 9(d)(1) of the United States Housing Act of 1937 $250,000,000 for fiscal year 2001 and such sums as may be necessary for each subsequent fiscal year. SEC. 6. SERVICE COORDINATORS. (a) Assistance.--To the extent amounts are made available under subsection (c), the Secretary shall make grants under section 34 of the United States Housing Act of 1937 (42 U.S.C. 1437z-6) to public housing agencies selected for participation in the demonstration program under this Act. Such grants shall be used only in accordance with section 34(b)(2) of such Act, for public housing projects for elderly and disabled families for which capital assistance is provided under section 5 of this Act, to provide service coordinators and related activities identified in the plan of the agency pursuant to section 4(a)(2) of this Act so that the residents of such projects will have improved and more economical access to services that support their health and well-being. Subsections (c), (d), and (e) of such section 34 shall not apply to amounts made available under this section. (b) Allocation.--The Secretary shall provide a grant pursuant to this section, in an amount not exceeding $400,000, to each public housing agency that is selected to participate in the demonstration program under this Act. (c) Authorization of Appropriations.--For grants under section 34 of the United States Housing Act of 1937 in accordance with this section, there is authorized to be appropriated $10,000,000 for fiscal year 2001 and such sums as may be necessary for each subsequent fiscal year. SEC. 7. CONGREGATE HOUSING SERVICES PROGRAMS. (a) Assistance.--To the extent amounts are made available under subsection (c), the Secretary shall make grants under section 34 of the United States Housing Act of 1937 (42 U.S.C. 1437z-6) to public housing agencies selected for participation in the demonstration program under this Act. Such grants shall be used only in accordance with section 34(b)(2) of such Act, in connection with public housing projects for elderly and disabled families for which capital assistance is provided under section 5 of this Act, to carry out a congregate housing service program identified in the plan of the agency pursuant to section 4(a)(2) of this Act that provides services as described in section 202(g)(1) of the Housing Act of 1959 (12 U.S.C. 1701q(g)(1). No other provision of such section 202 shall apply to such grants. Subsections (c), (d), and (e) of such section 34 shall not apply to amounts made available under this section. (b) Allocation.--The Secretary shall provide a grant pursuant to this section, in an amount that does not exceed $750,000, to each public housing agency that is selected to participate in the demonstration program under this Act and that, in applying for assistance under the demonstration program, requests such assistance. (c) Authorization of Appropriations.--For grants under section 34 of the United States Housing Act of 1937 in accordance with this section, there is authorized to be appropriated $15,000,000 for fiscal year 2001 and such sums as may be necessary for each subsequent year. SEC. 8. SAFEGUARDING OTHER APPROPRIATIONS. Amounts authorized to be appropriated by this Act for use under the Elderly Plus demonstration program under this Act are in addition to any amounts authorized to be appropriated under any other provision of law or that have otherwise made available in appropriation Acts, for rehabilitation of public housing projects, for service coordinators for public housing projects, or for congregate housing services programs.

Sets forth public housing authority (PHA) selection provisions. Authorizes appropriations for capital improvements Directs the Secretary to provide PHA grants under the Housing Act of 1937 for service coordinator and congregate services. Authorizes appropriations.

Elderly Housing Plus Health Support Demonstration Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Underground Gas Storage Safety Act''. SEC. 2. REGULATION OF UNDERGROUND NATURAL GAS STORAGE FACILITIES. Section 60102(a) of title 49, United States Code, is amended by adding at the end the following: ``(4) Underground gas storage facilities.-- ``(A) Minimum safety standards.--Not later than 180 days after the date of the enactment of the Underground Gas Storage Safety Act, the Secretary, in consultation with other relevant Federal agencies, shall prescribe strong minimum safety standards for underground gas storage facilities. ``(B) Requirements.--The standards prescribed under subparagraph (A) shall at a minimum-- ``(i) require operators to have comprehensive and up-to-date processes, procedures, plans, mitigation measures, periodic assessments and reassessments, and emergency plans in place to maintain the safety and integrity of all underground gas storage facilities, whether operating, abandoned, idled, or plugged; and ``(ii) require compliance with all of the recommendations made by the Pipeline and Hazardous Materials Safety Administration in the second paragraph of Advisory Bulletin ADB- 2016-02, issued February 2, 2016, except to the extent that the Secretary establishes by clear and convincing evidence that it is not in the public interest. ``(C) Preemption.--A State authority may adopt additional or more stringent safety standards for intrastate underground gas storage facilities. ``(5) Emergency temporary regulatory requirements.-- ``(A) In general.--Until the Secretary prescribes final standards under paragraph (4), all underground natural gas storage facilities shall at a minimum comply with the following: ``(i) All underground natural gas storage in depleted hydrocarbon reservoirs and aquifer reservoirs shall comply with American Petroleum Institute Recommended Practice 1171, titled `Functional Integrity of Natural Gas Storage in Depleted Hydrocarbon Reservoirs and Aquifer Reservoirs', First Edition, issued September 2015, or a standard determined appropriate by the Secretary. ``(ii) All underground natural gas storage facilities in solution-mined salt caverns shall comply with-- ``(I) American Petroleum Institute Recommended Practice 1170, titled `Design and Operation of Solution-mined Salt Caverns Used for Natural Gas Storage', First Edition, issued July 2015; and ``(II) to the extent not inconsistent with standards in the document referred to in subclause (I), Interstate Oil and Gas Compact Commission standards titled `Natural Gas Storage in Salt Caverns--A Guide for State Regulators'. ``(iii) All underground natural gas storage facilities shall comply with all of the recommendations made by the Pipeline and Hazardous Materials Safety Administration in the second paragraph of Advisory Bulletin ADB- 2016-02, issued February 2, 2016, or a standard determined appropriate by the Secretary. ``(B) Variance.--The Secretary may provide a variance from compliance with the requirements under subparagraph (A) where appropriate. ``(6) Underground gas safety research.--The Secretary shall establish a program to make grants for research and development activities relating to-- ``(A) improved underground gas storage safety; or ``(B) an odorant additive for gas that is both detectable and nontoxic. ``(7) Definition.--In this subsection, the term `underground natural gas storage facility' means a gas pipeline facility that stores natural gas in an underground facility, including-- ``(A) a depleted hydrocarbon reservoir; ``(B) an aquifer reservoir; or ``(C) a solution-mined salt cavern reservoir.''. SEC. 3. USER FEES. Section 60301 of title 49, United States Code, is amended-- (1) in subsection (b), by inserting ``an underground gas storage facility,'' after ``liquefied natural gas pipeline facility,''; and (2) in subsection (d)(1)-- (A) by striking ``and'' at the end of subparagraph (A); and (B) by adding at the end the following new subparagraph: ``(C) related to an underground gas storage facility may be used only for an activity related to underground gas storage under chapter 601 of this title; and''.

Underground Gas Storage Safety Act This bill directs the Department of Transportation (DOT) to prescribe minimum safety standards, meeting specified requirements, for underground gas storage facilities. A state authority may, however, adopt additional or more stringent safety standards for intrastate underground gas storage facilities. Until final standards are prescribed, all underground natural gas storage facilities shall comply with certain minimum requirements, including those in depleted hydrocarbon reservoirs and aquifer reservoirs and those in solution-mined salt caverns. DOT shall make grants for research and development activities relating to: (1) improved underground gas storage safety, or (2) an odorant additive for gas that is both detectable and nontoxic. A user fee shall be imposed on each operator of an underground gas storage facility to which specified safety requirements apply.

Underground Gas Storage Safety Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Historic Downtown Preservation and Access Act''. SEC. 2. CREDITS FOR EXPENSES RELATED TO ENSURING SAFETY AND ACCESSIBILITY IN HISTORIC BUILDINGS. (a) Credit for Installation of Sprinklers and Elevators in Historic Buildings.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 36B the following new section: ``SEC. 36C. ACCESSIBILITY AND FIRE PREVENTION EXPENSES FOR HISTORIC BUILDINGS. ``(a) In General.--There shall be allowed a credit against the tax imposed by this subtitle for the taxable year an amount equal to 50 percent of the qualified historic building expenses paid or incurred by the taxpayer during such taxable year. ``(b) Limitation.--The credit allowed under subsection (a) with respect to any taxpayer for any taxable year shall not exceed $50,000. ``(c) Qualified Historic Building Expenses.--For purposes of this section-- ``(1) In general.--The term `qualified historic building expenses' means amounts paid or incurred to install in a certified historic structure an elevator system or a sprinkler system that meets the requirements found in the most recent edition of NFPA 13: Standard for the Installation of Sprinkler Systems. ``(2) National historic landmarks.--In the case of a certified historic structure that is designated as a National Historic Landmark in accordance with section 101(a) of the National Historic Preservation Act (16 U.S.C. 470a(a)) and that is open to the public, the term `qualified historic building expenses' shall not include an expense described in paragraph (1), unless the installation of property described in such paragraph meets the requirements for a certified rehabilitation under section 47(c)(2)(C). ``(3) Certified historic structure.--The term `certified historic structure' has the meaning given such term in section 47(c)(3), except that such term shall not include any structure which is a single-family residence.''. (b) Credit for Abatement of Hazardous Substances in Historic Buildings.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986, as amended by subsection (a), is amended by inserting after section 36C the following new section: ``SEC. 36D. ABATEMENT OF HAZARDOUS SUBSTANCES IN HISTORIC BUILDINGS. ``(a) In General.--There shall be allowed a credit against the tax imposed by this subtitle for the taxable year an amount equal to the hazardous substance abatement expenses paid or incurred by the taxpayer during such taxable year. ``(b) Limitation.--The credit allowed under subsection (a) with respect to any taxpayer for any taxable year shall not exceed $50,000. ``(c) Hazardous Substance Abatement Expenses.-- ``(1) In general.--For purposes of this section, the term `hazardous substance abatement expenses' means amounts paid or incurred for any-- ``(A) lead paint abatement services, ``(B) radon abatement services, and ``(C) asbestos abatement services, with respect to a certified historic structure. ``(2) National historic landmarks.--In the case of a certified historic structure that is designated as a National Historic Landmark in accordance with section 101(a) of the National Historic Preservation Act (16 U.S.C. 470a(a)) and that is open to the public, the term `hazardous substance abatement expenses' shall not include an expense described in paragraph (1), unless the services described in such paragraph meet the requirements for a certified rehabilitation under section 47(c)(2)(C). ``(3) Certified historic structure.--The term `certified historic structure' has the same meaning given such term in section 36C(c)(3). ``(d) Lead Paint Abatement Services.-- ``(1) In general.--Subject to paragraph (2), the term `lead paint abatement services' means-- ``(A) any lead paint abatement measures performed by a certified lead abatement supervisor, including the removal of paint and dust, the permanent enclosure or encapsulation of lead-based paint, the replacement of painted surfaces, windows, or fixtures, or the removal or permanent covering of soil when lead-based paint hazards are present in such paint, dust, or soil, and ``(B) any preparation, cleanup, disposal, and clearance testing activities associated with the lead paint abatement measures which are performed by a certified lead abatement supervisor, those working under the supervision of such supervisor, or a qualified contractor. ``(2) Limitation.--The term `lead paint abatement services' shall not include any services to the extent such services are funded by any grant, contract, or otherwise by another person or any governmental agency. ``(3) Documentation required.--No credit shall be allowed under subsection (a) with respect to any lead paint abatement services for a certified historic structure for any taxable year unless-- ``(A) after such services are complete, a certified inspector or certified risk assessor provides written documentation to the taxpayer that includes-- ``(i) evidence that the certified historic structure meets lead hazard evaluation criteria established by the Environmental Protection Agency or under an authorized State or local program, and ``(ii) documentation showing that the lead paint abatement services meet the requirements of this section, and ``(B) the taxpayer files with the appropriate State agency and attaches to the tax return for the taxable year-- ``(i) the documentation described in subparagraph (A), and ``(ii) documentation of the amounts paid or incurred for lead paint abatement services during the taxable year with respect to the certified historic structure. ``(4) Definitions.-- ``(A) Certified lead abatement supervisor.--The term `certified lead abatement supervisor' means an individual certified by the Environmental Protection Agency pursuant to section 745.226 of title 40, Code of Federal Regulations, or an appropriate State agency pursuant to section 745.325 of title 40, Code of Federal Regulations. ``(B) Certified inspector.--The term `certified inspector' means an inspector certified by the Environmental Protection Agency pursuant to section 745.226 of title 40, Code of Federal Regulations, or an appropriate State agency pursuant to section 745.325 of title 40, Code of Federal Regulations. ``(C) Certified risk assessor.--The term `certified risk assessor' means a risk assessor certified by the Environmental Protection Agency pursuant to section 745.226 of title 40, Code of Federal Regulations, or an appropriate State agency pursuant to section 745.325 of title 40, Code of Federal Regulations. ``(D) Lead-based paint hazard.--The term `lead- based paint hazard' has the meaning given such term by section 745.63 of title 40, Code of Federal Regulations. ``(E) Qualified contractor.--The term `qualified contractor' means a Lead-Safe Certified Firm or certified renovator under the Lead Renovation, Repair and Painting Program of the Environmental Protection Agency. ``(e) Radon Abatement Services.-- ``(1) In general.--Subject to paragraph (2), the term `radon abatement services' means, in the case of a certified historic structure for which the indoor radon level is greater than 2 picocuries per liter of air, any radon abatement services performed by a qualified radon mitigation professional. ``(2) Limitation.--The term `radon abatement services' shall not include any services to the extent such services are funded by any grant, contract, or otherwise by another person or any governmental agency. ``(3) Documentation required.--No credit shall be allowed under subsection (a) with respect to any radon abatement services for a certified historic structure for any taxable year unless-- ``(A) after such services are complete, a qualified radon measurement professional provides written documentation to the taxpayer that includes-- ``(i) evidence that the certified historic structure meets radon hazard evaluation criteria established under an authorized State or local program, and ``(ii) documentation showing that the radon abatement services meet the requirements of this section, and ``(B) the taxpayer files with the appropriate State agency and attaches to the tax return for the taxable year-- ``(i) the documentation described in subparagraph (A), and ``(ii) documentation of the amounts paid or incurred for radon abatement services during the taxable year with respect to the certified historic structure. ``(4) Definitions.-- ``(A) Qualified radon measurement professional.-- The term `qualified radon measurement professional' means an individual who has demonstrated the minimum degree of appropriate technical knowledge and skills specific to radon measurement in conformance with the requirements of-- ``(i) a certification standard promulgated by the American National Standards Institute or International Organization for Standardization, ``(ii) a State, local or other governmental licensing (or equivalent) program, or ``(iii) any other recognized or accredited certification process as determined by the Secretary. ``(B) Qualified radon mitigation professional.--The term `qualified radon mitigation professional' means an individual who has demonstrated the minimum degree of appropriate technical knowledge and skills specific to radon mitigation in conformance with the requirements of-- ``(i) a certification standard promulgated by the American National Standards Institute or International Organization for Standardization, ``(ii) a State, local or other governmental licensing (or equivalent) program, or ``(iii) any other recognized or accredited certification process as determined by the Secretary. ``(C) Radon.--The term `radon' has the meaning given the term in section 302 of the Toxic Substances Control Act (15 U.S.C. 2662). ``(f) Asbestos Abatement Services.-- ``(1) In general.--Subject to paragraph (2), the term `asbestos abatement services' means-- ``(A) any asbestos abatement measures performed by an accredited asbestos abatement contractor or supervisor, ``(B) any interim asbestos control measures to reduce exposure or likely exposure to asbestos hazards, but only if such measures are evaluated and completed by an accredited asbestos abatement contractor or supervisor using accepted methods, are conducted by an accredited asbestos abatement contractor or supervisor, and have an expected useful life of more than 10 years, and ``(C) any preparation, cleanup, disposal, and clearance testing activities associated with the asbestos abatement measures or interim asbestos control measures which are performed by an accredited asbestos abatement contractor or supervisor, or those working under the supervision of such supervisor. ``(2) Limitation.--The term `asbestos abatement services' shall not include any services to the extent such services are funded by any grant, contract, or otherwise by another person or any governmental agency. ``(3) Documentation required.--No credit shall be allowed under subsection (a) with respect to any asbestos abatement services for a certified historic structure for any taxable year unless-- ``(A) after such services are complete, an accredited asbestos inspector provides written documentation to the taxpayer that includes-- ``(i) evidence that the certified historic structure meets asbestos hazard evaluation criteria established under an authorized State or local program, and ``(ii) documentation showing that the asbestos abatement services meet the requirements of this section, and ``(B) the taxpayer files with the appropriate State agency and attaches to the tax return for the taxable year-- ``(i) the documentation described in subparagraph (A), and ``(ii) documentation of the amounts paid or incurred for asbestos abatement services during the taxable year with respect to the certified historic structure. ``(4) Definitions.-- ``(A) Accredited asbestos abatement contractor or supervisor.--The term `accredited asbestos abatement contractor or supervisor' means any person accredited as a contractor or supervisor under the Asbestos Model Accreditation Plan of the Environmental Protection Agency. ``(B) Accredited asbestos inspector.--The term `accredited asbestos inspector' means any person accredited as an inspector under the Asbestos Model Accreditation Plan of the Environmental Protection Agency. ``(C) Asbestos.--The term `asbestos' has the meaning given the term in section 202 of the Toxic Substances Control Act (15 U.S.C. 2642). ``(D) Asbestos hazard.--The term `asbestos hazard' has the meaning given the term `imminent hazard to the health and safety' in section 11 of the Asbestos School Hazard Detection and Control Act of 1980 (20 U.S.C. 3610). ``(g) Special Rules.-- ``(1) Basis reduction.--The basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit. ``(2) No double benefit.--Any deduction allowable for costs taken into account in computing the amount of the credit for qualified abatement expenses shall be reduced by the amount of such credit attributable to such costs.''. (c) Conforming Amendments.-- (1) Section 1324 of title 31, United States Code, is amended by inserting ``, 36C, 36D'' after ``, 36B''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36B the following new items: ``Sec. 36C. Accessibility and fire prevention expenses for historic buildings. ``Sec. 36D. Abatement of hazardous substances in historic buildings.''. (d) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after the date of the enactment of this Act.

Historic Downtown Preservation and Access Act This bill amends the Internal Revenue Code to allow refundable tax credits for 50% of the expenses paid or incurred by the taxpayer during the year for: (1) installing an elevator or a sprinkler system in a certified historic structure, and (2) hazardous substance (lead paint, radon, and asbestos) abatement services with respect to a certified historic structure. The amount of each of the two credits, with respect to any taxpayer, may not exceed $50,000 per year.

Historic Downtown Preservation and Access Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Honor Act of 2009''. SEC. 2. SCHOLARSHIP PROGRAM FOR VETERANS FOR PURSUIT OF GRADUATE AND POST-GRADUATE DEGREES IN BEHAVIORAL HEALTH SCIENCES. (a) Scholarship Program.-- (1) Program.--The Secretary of Veterans Affairs shall carry out a program to provide scholarships to qualifying veterans for pursuit of a graduate or post-graduate degree in behavioral health sciences. (2) Designation.--The program carried out under this section shall be known as the ``Department of Veterans Affairs HONOR Scholarship Program'' (in this section referred to as the ``scholarship program''). (b) Qualifying Veterans.--For purposes of this section, a qualifying veteran is any veteran who-- (1) during service on active duty in the Armed Forces, participated for such period as the Secretary of Veterans Affairs, in consultation with the Secretary of Defense, shall specify for purposes of the scholarship program in a theater of combat or during a contingency operation overseas; (2) was retired, discharged, separated, or released from service in the Armed Forces on or after a date (not earlier than August 2, 1990) specified by the Secretary of Defense for purposes of the scholarship program; (3) at the time of the submittal of an application to participate in the scholarship program, holds an undergraduate or graduate degree, as applicable, from an institution of higher education that qualifies the veteran for pursuit of a graduate or post-graduate degree in behavioral sciences; and (4) meets such other qualifications as the Secretary of Veterans Affairs may establish for purposes of the scholarship program. (c) Application.--Each qualifying veteran seeking to participate in the scholarship program shall submit to the Secretary of Veterans Affairs an application therefor setting forth such information as the Secretary shall specify for purposes of the scholarship program. (d) Agreement.--Each qualifying veteran selected by the Secretary of Veterans Affairs for participation in the scholarship program shall enter into an agreement with the Secretary regarding participation in the scholarship program. The agreement shall contain such terms and conditions as the Secretary shall specify for purposes of the scholarship program. (e) Scholarships.-- (1) In general.--The Secretary of Veterans Affairs shall provide to each qualifying veteran who enters into an agreement under subsection (d) a scholarship for such number of academic years as the Secretary shall specify in the agreement for pursuit of a graduate or post-graduate degree in behavioral health sciences at an institution of higher education offering such degree that is approved by the Secretary for purposes of the scholarship program. (2) Elements.--The scholarship provided a qualifying veteran for an academic year shall consist of payment of the following: (A) Tuition of the qualifying veteran for pursuit of the graduate or post-graduate degree concerned in the academic year. (B) Reasonable educational expenses of the qualifying veteran (including fees, books, and laboratory expenses) in pursuit of such degree in the academic year. (C) A stipend in connection with the pursuit of such degree in the academic year in such amount as the Secretary shall specify in the agreement of the qualifying veteran under subsection (d). (f) Obligated Service.--Each qualifying veteran who participates in the scholarship program shall, after completion of the graduate or post-graduate degree concerned and as jointly provided by the Secretary of Veterans Affairs and the Secretary of Defense in the agreement of such qualifying veteran under subsection (d), perform service as follows: (1) Such service for the Department of Veterans Affairs in connection with the furnishing of mental health services to veterans, and for such period, as the Secretary of Veterans Affairs shall specify in the agreement. (2) Such service for the Department of Defense in connection with the furnishing of mental health services to members of the Armed Forces, and for such period, as the Secretary of Veterans Affairs shall, in consultation with the Secretary of Defense, specify in the agreement. (3) Such combination of service described by paragraphs (1) and (2), and for such period, as the Secretary of Veterans Affairs shall, in consultation with the Secretary of Defense, specify in the agreement. (g) Breach of Agreement.--Each qualifying veteran participating in the scholarship who fails to complete satisfactorily the terms of the agreement of such qualifying veteran under subsection (d), whether through failure to obtain the graduate or post-graduate degree concerned or failure to perform service required of the qualifying veteran under subsection (f), shall be liable to the United States in such form and manner as the Secretary of Veterans Affairs shall, in consultation with the Secretary of Defense, specify in the agreement. (h) Contingency Operation Defined.--In this section, the term ``contingency operation'' has the meaning given that term in section 101(a)(13) of title 10, United States Code. SEC. 3. PROGRAM OF EMPLOYMENT, TRAINING, AND DEPLOYMENT OF FORMER MEMBERS OF THE ARMED FORCES WITH COMBAT EXPERIENCE AS PSYCHIATRIC TECHNICIANS AND NURSES FOR MEMBERS OF THE ARMED FORCES IN DEPLOYMENT. (a) Program Required.--The Secretary of Defense shall carry out a program to employ and train qualifying former members of the Armed Forces as psychiatric technicians and nurses of the Department of Defense for the provision of mental health counseling and services to members of the Armed Forces who are deployed to a combat zone. (b) Qualifying Former Members of the Armed Forces.--For purposes of this section, a qualifying former member of the Armed Forces is any member who-- (1) during service on active duty in the Armed Forces, participated for such period as the Secretary shall specify for purposes of the program in a theater of combat or during a contingency operation overseas; (2) was retired, discharged, separated, or released from service in the Armed Forces on or after a date (not earlier than August 2, 1990) specified by the Secretary for purposes of the program; and (3) meets such other qualifications as the Secretary may establish for purposes of the program. (c) Employment and Training.-- (1) Employment.--Each qualifying former member of the Armed Forces selected by the Secretary for participation in the program may be employed by the Secretary as a civilian employee of the Department of Defense for such minimum period as the Secretary considers appropriate for purposes of the program. (2) Training.--Each qualifying former member of the Armed Forces employed by the Secretary under paragraph (1) shall be provided such training in the provision of mental health counseling and services to members of the Armed Forces deployed to a combat zone as the Secretary determines appropriate in order to qualify such former member to serve as a psychiatric technician or nurse, as applicable, of the Department of Defense for the provision of such counseling and services to such members of the Armed Forces. (3) Service.--Upon the successful completion by a qualifying former member of the Armed Forces of training provided under paragraph (2), the Secretary shall require the former member, as a psychiatric technician or nurse (as applicable) of the Department of Defense, to provide such mental health counseling and services to members of the Armed Forces deployed to a combat zone as the Secretary considers appropriate. (4) Deployment to combat zone.--Each qualifying former member of the Armed Forces serving as a psychiatric technician or nurse of the Department of Defense under paragraph (3) shall agree, as a condition of participation in the program, to deploy to a combat zone to perform service as a psychiatric technician or nurse, as the case may be, for members of the Armed Forces deployed to the combat zone for such period (if any), and under such terms and conditions, as the Secretary determines appropriate. (d) Contingency Operation Defined.--In this section, the term ``contingency operation'' has the meaning given that term in section 101(a)(13) of title 10, United States Code. SEC. 4. RESTORATION OF AUTHORITY OF VETS CENTERS TO PROVIDE REFERRAL AND OTHER ASSISTANCE UPON REQUEST TO FORMER MEMBERS OF THE ARMED FORCES NOT AUTHORIZED COUNSELING. Section 1712A of title 38, United States Code, is amended-- (1) by redesignating subsections (c) through (f) as subsections (d) through (g), respectively; and (2) by inserting after subsection (b) the following new subsection (c): ``(c) Upon receipt of a request for counseling under this section from any individual who has been discharged or released from active military, naval, or air service but who is not otherwise eligible for such counseling, the Secretary shall-- ``(1) provide referral services to assist such individual, to the maximum extent practicable, in obtaining mental health care and services from sources outside the Department; and ``(2) if pertinent, advise such individual of such individual's rights to apply to the appropriate military, naval, or air service, and to the Department, for review of such individual's discharge or release from such service.''. SEC. 5. ELIGIBILITY OF MEMBERS OF THE ARMED FORCES FOR COUNSELING AND RELATED MENTAL HEALTH SERVICES THROUGH VET CENTERS. (a) Eligibility.--Section 1712A of title 38, United States Code, as amended by section 4, is further amended-- (1) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and (2) by inserting after subsection (e) the following new subsection (f): ``(f)(1) The Secretary shall, upon the request of a member of the Armed Forces, furnish the member through a center the following: ``(A) In the case of a member of a regular component of the Armed Forces, mental health services authorized to be provided under this section. ``(B) In the case of a member of a reserve component of the Armed Forces, readjustment counseling and related mental health services authorized to be provided under this section, including readjustment counseling to assist the member in reintegrating into civilian life after demobilization from active duty in the Armed Forces. ``(2) Any general mental and psychological assessment furnished a member under this subsection shall include such criteria, and be performed in such manner and with such protections for the member, as the Secretary and the Secretary of Defense shall jointly prescribe for purposes of this subsection. ``(3)(A) In the event a physician, psychologist, or other counselor furnishing counseling or mental health services to a member under this subsection determines that the member may be a danger to the member or others, the physician, psychologist, or counselor, as the case may be, shall notify an appropriate official of a military medical treatment facility designated in the procedures under subparagraph (C) of the determination. ``(B) An official receiving a notification under subparagraph (A) with respect to a member shall transmit the notification to an appropriate officer in the chain of command of the member, as designated in the procedures under subparagraph (C). ``(C) The Secretary and the Secretary of Defense shall jointly prescribe procedures for notifications under this paragraph. The procedures shall include the following: ``(i) A designation of the military medical treatment facilities to which notice with respect to members is to be submitted under subparagraph (A). ``(ii) A specification of the officers who shall constitute appropriate officers in the chain of command of a member for purposes of the transmittal of notice under subparagraph (B). ``(4) The Secretary shall carry out this subsection pursuant to a memorandum of understanding jointly entered into by the Secretary and the Secretary of Defense.''. (b) Outreach on Eligibility.--Subsection (g) of such section 1712A, as redesignated by subsection (a)(1), is further amended by inserting ``and members of the Armed Forces'' after ``veterans''. SEC. 6. TREATMENT OF SUICIDES OF CERTAIN FORMER MEMBERS OF THE ARMED FORCES AS DEATHS IN LINE OF DUTY FOR PURPOSES OF ELIGIBILITY OF SURVIVORS FOR CERTAIN BENEFITS. (a) Treatment as Death in Line of Duty of Suicides of Certain Former Members of the Armed Forces.--The suicide of a former member of the Armed Forces described in subsection (b) that occurs during the two-year period beginning on the date of the separation or retirement of the former member from the Armed Forces shall be treated as a death in line of duty of a member of the Armed Forces on active duty in the Armed Forces for purposes of the eligibility of the survivors of the former member for the benefits described in subsection (c). (b) Covered Former Members of the Armed Forces.--A former member of the Armed Forces described in this subsection is any former member of the Armed Forces with a medical history of a combat-related mental health condition or Post Traumatic Stress Disorder (PTSD) or Traumatic Brain Injury (TBI). (c) Covered Benefits.--The benefits described in this subsection are the benefits as follows: (1) Burial benefits. (2) Benefits under the Survivor Benefit Plan under subchapter II of chapter 73 of title 10, United States Code. (3) Benefits under the laws administered by the Secretary of Veterans Affairs. (4) Benefits under the Social Security Act. (d) Dates for Purposes of Certain Determinations.-- (1) Date of death.--Except as provided in paragraph (2), for purposes of the benefits under this section, the date of death of a former member of the Armed Forces described by subsection (a) shall be the date of the separation or retirement of the former member from the Armed Forces. (2) Date for nature of eligibility.--In determining the scope and nature of the entitlement a survivor of a former member of the Armed Forces described by subsection (a) to benefits under this section, the date of death of the former member shall be the date of the suicide of the former member. (e) Refund of Reduction in Retired Pay Under SBP.--Any reduction in the retired pay of a former member of the Armed Forces described by subsection (a) under the Survivor Benefit Plan under subchapter II of chapter 73 of title 10, United States Code, during the period beginning on the date of the retirement of the former member from the Armed Forces and ending on the date of the suicide of the former member shall be refunded to the surviving spouse or children, as applicable, of the former member. SEC. 7. ANNUAL REPORTS ON EFFECTIVENESS OF MENTAL HEALTH TRAINING AND RELATED COUNSELING UNDER REINTEGRATION PROGRAMS FOR MEMBERS OF THE ARMED FORCES AND VETERANS. (a) Annual Assessments.--Not later than 18 months after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense and the Secretary of Veterans Affairs shall jointly conduct a review and assessment of the programs of the Department of Defense and the Department of Veterans Affairs for the reintegration of members of the Armed Forces and veterans into civilian life after retirement, discharge, or release from the Armed Forces in order to assess the extent of the effectiveness of the mental health resiliency training and transition counseling provided to members of the Armed Forces, veterans, and their families under such programs both before and after retirement, discharge, or release from the Armed Forces. (b) Reports.--The Secretary of Defense and the Secretary of Veterans Affairs shall jointly submit to Congress a report on each review and assessment conducted under subsection (a). Each report shall set forth the results of the review and assessment concerned and shall include such recommendations for legislative or administrative action as the Secretary of Defense with respect to Department of Defense programs, the Secretary of Veterans Affairs with respect to Department of Veterans Affairs programs, or the Secretary of Defense and the Secretary of Veterans Affairs jointly consider appropriate.

Honor Act of 2009 - Directs the Secretary of Veterans Affairs to carry out a program to provide scholarships for the pursuit of a graduate or postgraduate degree in behavioral health sciences to veterans who performed active-duty service in a theater of combat or during a contingency operation overseas. Requires the veteran, following completion of the degree requirements, to serve for an agreed-upon period with either the Department of Veterans Affairs (VA) or Department of Defense (DOD) furnishing mental health services to veterans or to members of the Armed Forces (members). Directs the Secretary of Defense to carry out a program to employ and train former members who performed service described above as DOD psychiatric technicians and nurses providing mental health counseling and related services to members deployed to a combat zone. Directs the Secretary of Veterans Affairs, upon request, to provide: (1) referral and related assistance to former members not otherwise authorized for counseling through the VA; and (2) readjustment counseling and mental health services to former members through Vet Centers. Requires the suicide of a former member with a medical history of a combat-related mental health condition, post-traumatic stress disorder (PTSD), or traumatic brain injury (TBI) that occurs within a two-year period after separation or retirement to be treated as a death in the line of active duty for purposes of eligibility for active-duty survivors' benefits provided through the VA. Requires the Secretaries of Defense and Veterans Affairs, jointly and annually, to: (1) review and assess their respective programs for the reintegration of members and veterans into civilian life following their retirement, discharge, or release; and (2) report review and assessment results to Congress.

A bill to enhance benefits for survivors of certain former members of the Armed Forces with a history of post-traumatic stress disorder or traumatic brain injury, to enhance availability and access to mental health counseling for members of the Armed Forces and veterans, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Alternative Minimum Tax Repeal Act of 2003''. SEC. 2. REPEAL OF ALTERNATIVE MINIMUM TAX ON CORPORATIONS. (a) In General.--Subsection (a) of section 55 of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: ``No tax shall be imposed by this section on any corporation for any taxable year beginning after December 31, 2002, and the tentative minimum tax of any corporation for any such taxable year shall be zero for purposes of this title.'' (b) Limitation on Use of Credit for Prior Year Minimum Tax Liability.--Subsection (c) of section 53 of such Code is amended to read as follows: ``(c) Limitation.-- ``(1) In general.--Except as otherwise provided in this subsection, the credit allowable under subsection (a) for any taxable year shall not exceed the excess (if any) of-- ``(A) the regular tax liability of the taxpayer for such taxable year reduced by the sum of the credits allowable under subparts A, B, D, E, and F of this part, over ``(B) the tentative minimum tax for the taxable year. ``(2) Corporations.--In the case of corporation for any taxable year beginning after December 31, 2002, the limitation under paragraph (1) shall be determined-- ``(A) without regard to the last sentence of section 55(a), and ``(B) by taking into account only the applicable percentage of the tentative minimum tax determined in accordance with the following table. ``For taxable years beginning The applicable in calendar year-- percentage is-- 2003........................................... 80 2004........................................... 60 2005........................................... 40 2006........................................... 20 2007 or thereafter............................. 0.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2002. SEC. 3. REPEAL OF ALTERNATIVE MINIMUM TAX ON INDIVIDUALS. (a) Repeal in 2011.--Subsection (a) of section 55 of the Internal Revenue Code of 1986 is amended by adding at the end the following new flush sentence: ``For purposes of this title, the tentative minimum tax on any taxpayer other than a corporation for any taxable year beginning after December 31, 2012, shall be zero.''. (b) Reduction of Tax on Individuals Prior to Repeal.-- (1) Immediate increase in exemption amounts.--Paragraph (1) of section 55(d) of such Code is amended-- (A) by striking ``$45,000 ($49,000 in the case of taxable years beginning in 2001, 2002, 2003, and 2004)'' and inserting ``$52,000'', (B) by striking ``$33,750 ($37,750 in the case of taxable years beginning in 2001, 2002, 2003, and 2004)'' and inserting ``$38,000'', and (C) by striking ``$22,500'' and inserting ``\1/2\ the amount applicable under subparagraph (A)''. (2) Additional increases in exemption amounts; repeal of phase-out of exemption amounts.--Paragraph (3) of section 55(d) of such Code is amended to read as follows: ``(3) Increases in exemption amounts for taxpayers other than corporations.-- ``(A) In general.--The exemption amounts under paragraph (1) for taxable years beginning in any calendar year after 2003 shall be determined by increasing the dollar amounts contained in subparagraphs (A) and (B) of paragraph (1) by the applicable percentage for such calendar year of such dollar amounts. ``(B) Applicable percentage.--For purposes of subparagraph (A), the applicable percentage shall be determined in accordance with the following table: ``For calendar year-- The applicable percentage is-- 2004................................... 10 2005................................... 20 2006................................... 30 2007................................... 40 2008................................... 50 2009................................... 60 2010................................... 70 2011................................... 80 2012................................... 90. ``(C) Rounding.--If any amount, as increased under subparagraph (A) is not a multiple of $5, such amount shall be increased to the nearest multiple of $5.'' (c) Nonrefundable Personal Credits Fully Allowed Against Regular Tax Liability.-- (1) In general.--Subsection (a) of section 26 of such Code (relating to limitation based on amount of tax) is amended to read as follows: ``(a) Limitation Based on Amount of Tax.--The aggregate amount of credits allowed by this subpart for the taxable year shall not exceed the sum of-- ``(1) the taxpayer's regular tax liability for the taxable year reduced by the foreign tax credit allowable under section 27(a), and ``(2) the tax imposed by section 55(a) for the taxable year.''. (2) Conforming amendment.--Section 904 of such Code is amended by striking subsection (h). (d) Limitation on Use of Credit for Prior Year Minimum Tax Liability.--Subsection (c) of section 53 of such Code, as amended by section 1, is amended by adding at the end the following new paragraph: ``(3) Individuals for taxable years beginning after 2012.-- In the case of any taxable year beginning after 2012, the credit allowable under subsection (a) to a taxpayer other than a corporation for any taxable year shall not exceed 90 percent of the excess (if any) of-- ``(A) regular tax liability of the taxpayer for such taxable year, over ``(B) the sum of the credits allowable under subparts A, B, D, E, and F of this part.''. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2002.

Alternative Minimum Tax Repeal Act of 2003 - Amends the Internal Revenue Code to prohibit the imposition of the alternative minimum tax on: (1) corporations beginning January 1, 2003; and (2) individuals beginning January 1, 2013.

To amend the Internal Revenue Code of 1986 to repeal the alternative minimum tax on corporations and individuals.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Coral Reef Conservation Legacy Act of 2006''. SEC. 2. EXPANSION OF CORAL REEF CONSERVATION GRANTS PROGRAM. (a) Project Diversity.--Section 204(d) of the Coral Reef Conservation Act of 2000 (16 U.S.C. 6403(d)) is amended by striking paragraph (3) and inserting the following: ``(3) Remaining funds shall be awarded for-- ``(A) projects (with priority given to community- based local action strategies) that address emerging priorities or threats, including international and territorial priorities, or threats identified by the Administrator in consultation with the Coral Reef Task Force; and ``(B) other appropriate projects, as determined by the Administrator, including monitoring and assessment, research, pollution reduction, education, and technical support.''. (b) Approval Criteria.--Section 204(g) of that Act (16 U.S.C. 6403(g)) is amended-- (1) by striking ``or'' after the semicolon in paragraph (9); (2) by redesignating paragraph (10) as paragraph (12); and (3) by inserting after paragraph (9) the following: ``(10) activities designed to minimize the likelihood of damage to coral reefs, including the use of devices to minimize human impacts on coral reefs; ``(11) promoting and assisting entities to work with local communities, and all appropriate governmental and nongovernmental organizations, to support community-based planning and management initiatives for the protection of coral reef systems; or''. SEC. 3. EMERGENCY RESPONSE ACTIONS. Section 206 of the Coral Reef Conservation Act of 2000 (16 U.S.C. 6404) is amended to read as follows: ``SEC. 206. EMERGENCY RESPONSE ACTIONS. ``(a) In General.--The Administrator and the Secretary of the Interior may each undertake or authorize action within areas under their administrative jurisdiction as necessary to prevent or minimize the destruction or loss of, or injury to, coral reefs or coral reef ecosystems from vessel impacts or other physical damage to coral reefs, including damage from unforeseen or disaster-related circumstances. ``(b) Actions Authorized.--Action authorized by subsection (a) includes vessel removal and emergency restabilization of the vessel and any impacted coral reef. ``(c) Partnering With Other Agencies.--When possible, actions under this section should-- ``(1) be conducted in partnership with other government agencies, including-- ``(A) the Coast Guard, the Federal Emergency Management Agency, and the Corps of Engineers; and ``(B) agencies of States and territories of the United States; and ``(2) leverage resources of such other agencies, including funding or assistance authorized under other Federal laws.''. SEC. 4. REPORT TO CONGRESS. Section 208 of the Coral Reef Conservation Act of 2000 (16 U.S.C. 6407) is amended to read as follows: ``SEC. 208. REPORTS TO CONGRESS. ``(a) Implementation of Strategy.--Not later than October 1, 2007, and every 3 years thereafter, the Administrator, in consultation with the United States Coral Reef Task Force, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Resources of the House of Representatives a report describing all activities undertaken to implement the strategy, including-- ``(1) a description of the funds obligated by each participating Federal agency to advance coral reef conservation during each of the 3 fiscal years next preceding the fiscal year in which the report is submitted; ``(2) a description of Federal interagency and cooperative efforts with States and United States territories to prevent or address overharvesting, coastal runoff, or other anthropogenic impacts on coral reefs, including projects undertaken with the Department of the Interior, Department of Agriculture, the Environmental Protection Agency, and the Army Corps of Engineers; ``(3) a description of Federal disaster response actions taken pursuant to the National Response Plan to address damage to coral reefs and coral reef ecosystems; and ``(4) an assessment of accomplishments under this Act and the effectiveness of management actions to address threats to coral reefs. ``(b) Condition of Coral Reefs.--Not later than October 1, 2008, and every 3 years thereafter, the Administrator, in consultation with the United States Coral Reef Task Force, shall submit to the Committees referred to in subsection (a) an assessment of the condition of United States coral reefs.''. SEC. 5. FUND; GRANTS; COORDINATION; TASK FORCE. The Coral Reef Conservation Act of 2000 (16 U.S.C. 6401 et seq.) is amended-- (1) by striking ``organization solely'' and all that follows in section 205(a) (16 U.S.C. 6404(a)) and inserting ``organization-- ``(1) to support partnerships between the public and private sectors that further the purposes of this Act and are consistent with the national coral reef strategy under section 203; and ``(2) to address emergency response actions under section 206.''; (2) by adding at the end of section 205(b) (16 U.S.C. 6404(b)) the following: ``The organization is encouraged to solicit funding and in-kind services from the private sector, including nongovernmental organizations, for emergency response actions under section 206 and for activities to prevent damage to coral reefs, including activities described in section 210(b)(2).''; (3) by striking ``the grant program'' in section 205(c) (16 U.S.C. 6404(c)) and inserting ``any grant program or emergency response action''; (4) by redesignating sections 209 and 210 as sections 212 and 213, respectively; and (5) by inserting after section 208 the following: ``SEC. 209. COMMUNITY-BASED PLANNING GRANTS. ``(a) In General.--The Administrator may make a grant to any person that may submit a coral conservation proposal under section 204(e) to provide additional funds to such person to work with local communities and through appropriate Federal and State entities to prepare and implement plans for the increased protection of coral reef areas identified by the community and the best scientific information available as high priorities for focused attention. The plans shall-- ``(1) support attainment of 1 or more of the criteria described in section 204(g); ``(2) be developed at the community level; ``(3) utilize watershed-based approaches; ``(4) provide for coordination with Federal and State experts and managers; ``(5) build upon local approaches or models, including traditional or island-based resource management concepts; and ``(6) compliment local action strategies or other regional plans for coral reef conservation. ``(b) Terms and Conditions.--The provisions of subsections (b), (d), (f), and (h) of section 204 apply to grants under subsection (a), except that, for the purpose of applying section 204(b)(1) to grants under this section, `75 percent' shall be substituted for `50 percent'. ``SEC. 210. REGIONAL COORDINATION. ``(a) In General.--The Administrator shall work in coordination and collaboration with other Federal agencies, States, and United States territorial governments to implement the strategies developed under section 203, including regional and local strategies, to address multiple threats to coral reefs and coral reef ecosystems such as coastal runoff, vessel impacts, and overharvesting. ``(b) Multiyear Cooperative Agreements.--The Administrator may enter into multiyear cooperative agreements with other Federal agencies, States and local governments, academic institutions, and nongovernmental organizations to carry out the activities of the national coral reef action strategy. ``SEC. 211. UNITED STATES CORAL REEF TASK FORCE. ``(a) Establishment.--There is hereby established the United States Coral Reef Task Force. ``(b) Goal.--The goal of the Task Force shall be to lead, coordinate, and strengthen Federal Government actions to better preserve and protect coral reef ecosystems. ``(c) Duties.--The duties of the Task Force shall be-- ``(1) to coordinate, in cooperation with State, territory, commonwealth, and local government partners, and nongovernmental partners if appropriate, activities regarding the mapping, monitoring, research, conservation, mitigation, restoration of coral reefs and coral reef ecosystems; ``(2) work with the Secretary of State and the Administrator of the Agency for International Development, and in coordination with the other members of the Task Force, to-- ``(A) assess the United States role in international trade and protection of coral reef species; and ``(B) implement appropriate strategies and actions to promote conservation and sustainable use of coral reef resources worldwide. ``(d) Membership, Generally.--The Task Force shall be comprised of-- ``(1) the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, and the Secretary of the Interior, who shall be co-chairs of the Task Force; ``(2) the Administrator of the Agency of International Development; ``(3) the Secretary of Agriculture; ``(4) the Secretary of Defense; ``(5) the Secretary of the Army, acting through the Corps of Engineers; ``(6) the Secretary of Homeland Security; ``(7) the Attorney General; ``(8) the Secretary of State; ``(9) the Secretary of Transportation; ``(10) the Administrator of the Environmental Protection Agency; ``(11) the Administrator of the National Aeronautics and Space Administration; ``(12) the Director of the National Science Foundation; ``(13) the Governor, or a representative of the Governor, of the Commonwealth of the Northern Mariana Islands; ``(14) the Governor, or a representative of the Governor, of the Commonwealth of Puerto Rico; ``(15) the Governor, or a representative of the Governor, of the State of Florida; ``(16) the Governor, or a representative of the Governor, of the State of Hawaii; ``(17) the Governor, or a representative of the Governor, of the Territory of Guam; ``(18) the Governor, or a representative of the Governor, of the Territory of American Samoa; and ``(19) the Governor, or a representative of the Governor, of the Virgin Islands. ``(e) Non-Voting Members.--The President, or a representative of the President, of each of the Freely Associated States of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau may appoint a non-voting member of the Task Force. ``(f) Working Groups.-- ``(1) In general.--The co-chairs of the Task Force may establish working groups as necessary to meet the goals and duties of this Act. The Task Force may request the co-chairs to establish such a working group. ``(2) Participation by nongovernmental organizations.--The co-chairs may allow a nongovernmental organization to participate in such a working group. ``(g) FACA.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Task Force.''. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. Section 212 of the Coral Reef Conservation Act of 2000 (formerly 16 U.S.C. 6408), as redesignated by section 6, is amended-- (1) by amending subsection (a) to read as follows: ``(a) In General.-- ``(1) Authorization.--There are authorized to be appropriated to carry out this title-- ``(A) to the Secretary of Commerce, $30,000,000 for fiscal year 2008, $32,000,000 for fiscal year 2009, and $34,000,000 for fiscal year 2010; and ``(B) to the Secretary of the Interior, $10,000,000 for each of fiscal years 2008 through 2010. ``(2) Allocation.--Of the amount authorized by this subsection for each of fiscal years 2008 through 2010-- ``(A) no less than 30 percent shall be used for the grant program under section 204; ``(B) up to 10 percent shall be used for the Fund established under section 205; ``(C) $500,000 may be used by the Secretary of the Interior to support operations of the United States Coral Reef Task Force; and ``(D) $250,000 may be used by the Secretary of Commerce to support such operations.''; (2) by striking ``$1,000,000'' in subsection (b) and inserting ``$2,000,000''; (3) by striking subsection (c) and inserting the following: ``(c) Community-Based Planning Grants.--There is authorized to be appropriated to the Administrator to carry out section 209 the sum of $8,000,000 for fiscal years 2008 through 2010, such sum to remain available until expended.''; and (4) by striking subsection (d). SEC. 7. FUNDING FOR MARINE SCIENCE LABORATORY, CORAL REEF RESEARCH, AND COASTAL ECOLOGY AND DEVELOPMENT. (a) American Samoa Community College.--There is authorized to be appropriated $1,000,000 to the University of Hawaii Sea Grant College program to administer a marine science laboratory for coral reef research and protection, and coastal ecology and development, at the American Samoa Community College. (b) University of Guam.--There is authorized to be appropriated $1,000,000 to the University of Guam for coral reef research and protection at the University of Guam Marine Laboratory.

Coral Reef Conservation Legacy Act of 2006 - (Sec. 2) Amends the Coral Reef Conservation Act of 2000 to extend the award of remaining coral reef conservation program grant funds, in addition to projects addressing emerging priorities or threats, to other appropriate projects, as determined by the Administrator of the National Oceanic and Atmospheric Administration (NOAA), including monitoring and assessment, research, pollution reduction, education, and technical support. Establishes as additional coral reef conservation project approval criteria: (1) the minimization of the likelihood of damage to coral reefs; and (2) promoting and assisting entities to work with local communities, and appropriate governmental and nongovernmental organizations, to support community-based planning and management initiatives for the protection of coral reef systems. (Sec. 3) Authorizes the Administrator and the Secretary of the Interior to undertake or authorize emergency response actions to prevent or minimize the destruction or loss of, or injury to, coral reefs or coral ecosystems from vessel impacts or other physical damage to coral reefs, including damage from unforeseen or disaster-related circumstances. Allows actions to include vessel removal and emergency restabilization of the vessel and any impacted coral reef. (Sec. 4) Requires the Administrator to report every three years to specified congressional committees on: (1) all activities undertaken to implement the national coral reef action strategy; and (2) the condition of United States coral reefs. (Sec. 5) Allows coral reef conservation fund amounts to be used for emergency response actions. Authorizes the Administrator to make community-based planning grants to certain persons to work with local communities and appropriate federal and state entities to implement plans for increased protection of high priority coral reefs. Establishes the United States Coral Reef Task Force to coordinate federal actions to better preserve and protect coral reef ecosystems. (Sec. 6) Reauthorizes the Coral Reef Conservation Act of 2000 and authorizes appropriations through FY2010 for: (1) the coral reef conservation program; and (2) community-based planning grants. (Sec. 7) Authorizes appropriations to: (1) the University of Hawaii Sea Grant College program to administer a marine science laboratory for coral reef research and protection, and coastal ecology and development, at the American Samoa Community College; and (2) the University of Guam for coral reef research and protection and the University of Guam Marine Laboratory.

To reauthorize the Coral Reef Conservation Act of 2000, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Assure Access to Mammography Act of 2001''. TITLE I--ENHANCED REIMBURSEMENT FOR SCREENING MAMMOGRAPHY UNDER THE MEDICARE PROGRAM SEC. 101. ENHANCED REIMBURSEMENT UNDER THE MEDICARE PROGRAM FOR SCREENING MAMMOGRAPHIES FURNISHED IN 2002. (a) One-Year Delay of Inclusion of Payment for Screening Mammography in Physician Fee Schedule.--Section 104(c) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (as enacted into law by section 1(a)(6) of Public Law 106-554) is amended by striking ``January 1, 2002'' and inserting ``January 1, 2003''. (b) Change in Payment Amount.--Section 1834(c)(3)(A) of the Social Security Act (42 U.S.C. 1395m(c)(3)(A)) is amended-- (1) in the heading, by striking ``$55, indexed.--'' and inserting ``In general.--''; (2) in clause (i), by striking ``and'' at the end; (3) in clause (ii)-- (A) by striking ``a subsequent year'' and inserting ``1992 through 2001,''; and (B) by striking ``that subsequent year.'' and inserting ``that year, and''; and (4) by adding at the end the following new clause: ``(iii) for screening mammography performed in 2002, is $90.''. (c) Effective Dates.-- (1) BIPA amendment.--The amendment made by subsection (a) shall take effect as if included in the enactment of section 104 of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (as enacted into law by section 1(a)(6) of Public Law 106-554). (2) Mammography in 2002.--The amendments made by subsection (b) shall apply with respect to screening mammographies furnished during 2002. (d) Construction.--Nothing in this section shall be construed as affecting the provisions of section 104(d) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (as enacted into law by section 1(a)(6) of Public Law 106-554) (relating to payment for new technologies). TITLE II--EXPANDED CAPACITY FOR MAMMOGRAPHY SERVICES SEC. 201. NOT COUNTING CERTAIN RADIOLOGY RESIDENTS AGAINST GRADUATE MEDICAL EDUCATION LIMITATIONS. For cost reporting periods beginning on or after October 1, 2001, and before October 1, 2006, in applying the limitations regarding the total number of full-time equivalent residents in the field of allopathic or osteopathic medicine under subsections (d)(5)(B)(v) and (h)(4)(F) of section 1886 of the Social Security Act (42 U.S.C. 1395ww) for a hospital, the Secretary of Health and Human Services shall not take into account a maximum of 3 residents in the field of radiology to the extent the hospital increases the number of radiology residents above the number of such residents for the hospital's most recent cost reporting period ending before October 1, 2001. SEC. 202. ALLIED HEALTH PROFESSIONAL FUNDING. Section 757 of the Public Health Service Act (42 U.S.C. 294g) is amended-- (1) by striking subsection (a) and inserting the following new subsection: ``(a) In General.--There are authorized to be appropriated to carry out this part-- ``(1) $55,600,000 for fiscal year 1998; ``(2) such sums as may be necessary for each of the fiscal years 1999 through 2001; ``(3) $70,600,000 for fiscal year 2002; and ``(4) such sums as may be necessary for fiscal year 2003 and each subsequent fiscal year.''; and (2) in subsection (b)(1)-- (A) in subparagraph (B), by striking ``and'' at the end; (B) in subparagraph (C), by striking ``, 754, and 755.'' and inserting ``and 754; and''; and (C) by adding at the end the following new subparagraph: ``(D) not less than $15,000,000 for awards of grants and contracts under section 755.''. TITLE III--STUDIES AND REPORTS ON MEDICARE REIMBURSEMENT FOR GENDER- SPECIFIC AND SCREENING SERVICES SEC. 301. GAO STUDY AND REPORT ON MEDICARE REIMBURSEMENT FOR GENDER- SPECIFIC SERVICES. (a) Study.--The Comptroller General of the United States shall conduct a study of the relative value units established by the Secretary of Health and Human Services under the medicare physician fee schedule under section 1848 of the Social Security Act (42 U.S.C. 1395w-4) for physicians' services that are gender-specific. (b) Report.--Not later than December 31, 2001, the Comptroller General shall submit to Congress a report on the study conducted under subsection (a), together with such recommendations regarding the appropriateness of adjusting the relative value units for physicians' services that are gender-specific as the Comptroller General determines appropriate. SEC. 302. MEDPAC STUDY AND REPORT ON MEDICARE REIMBURSEMENT FOR SCREENING SERVICES. (a) Study.--The Medicare Payment Advisory Commission shall conduct a study of the relative value units established by the Secretary of Health and Human Services under the medicare physician fee schedule under section 1848 of the Social Security Act (42 U.S.C. 1395w-4) for screening services that are reimbursed under such fee schedule. (b) Report.--Not later than March 1, 2002, the Commission shall submit to Congress a report on the study conducted under subsection (a), together with such recommendations regarding the appropriateness of adjusting the relative value units for screening services that are reimbursed under the physician fee schedule as the Comptroller General determines appropriate.

Assure Access to Mammography Act of 2001 - Amends the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 to delay until 2003 the inclusion of payment for screening mammography in the Medicare physician fee schedule.Amends title XVIII (Medicare) of the Social Security Act to provide for a change in the payment amount for screening mammography performed in 2002 under Medicare.Provides that, for cost reporting periods between October 1, 2001, and October 1, 2006, in applying the limitations regarding the total number of full-time equivalent residents in the field of allopathic or osteopathic medicine under Medicare for a hospital, the Secretary of Health and Human Services shall not take into account a maximum of three residents in the field of radiology to the extent the hospital increases the number of radiology residents above the number of such residents for the hospital's most recent cost reporting period ending before October 1, 2001.Amends the Public Health Service Act to revise authorization of appropriations and allocation provisions with regard to interdisciplinary, community-based linkages, with changes establishing a specified authorization of appropriations for FY 2002 and a specified amount to be available for awards of grants and contracts under provisions on allied health and other disciplines.Directs the Comptroller General to study the relative value units established by the Secretary of Health and Human Services under the Medicare physician fee schedule for physicians' services that are gender-specific.Directs the Medicare Payment Advisory Commission to study the relative value units established by the Secretary under the such fee schedule for screening services that are reimbursed under it.

A bill to amend title XVIII of the Social Security Act to provide enhanced reimbursement for, and expanded capacity to, mammography services under the medicare program, and for other purposes.

SECTION 1. SHORT TITLE; ETC. (a) Short Title.--This Act may be cited as the ``Taxpayer Protection Act of 2016''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986, as amended. (c) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; etc. TITLE I--PROTECTION OF TAXPAYERS FROM ABUSIVE TAX COLLECTION PRACTICES Sec. 101. Repeal of rules relating to tax collection contracts. TITLE II--RELIEF FOR TAXPAYERS Sec. 201. De minimis exclusion from gross income for discharge of indebtedness of individuals. Sec. 202. Repeal suspension of statute of limitations during pending application for Taxpayer Assistance order. Sec. 203. Limitation on levy on retirement savings. Sec. 204. Tolling of limitation on levy recovery for disabled taxpayer. Sec. 205. Extension of period to withdraw frivolous submission. Sec. 206. Repeal of partial payment requirement on submissions of offers-in-compromise. TITLE III--ASSISTANCE FOR IDENTITY THEFT VICTIMS AND LOW-INCOME TAXPAYERS Sec. 301. Taxpayer notification of suspected identity theft. Sec. 302. Single point of contact for identity theft victims. Sec. 303. Referrals to low-income taxpayer clinics permitted. Sec. 304. EITC outreach. TITLE IV--ENSURE TAXPAYER ACCESS TO COMPETENT TAX RETURN PREPARERS Sec. 401. Regulation of tax return preparers. Sec. 402. Tax information disclosure relating to tax return preparer misconduct. TITLE V--INCREASE FUNDING FOR SERVICES TO TAXPAYERS Sec. 501. Low-income taxpayer clinics. Sec. 502. Internal Revenue Service taxpayer services appropriations. TITLE I--PROTECTION OF TAXPAYERS FROM ABUSIVE TAX COLLECTION PRACTICES SEC. 101. REPEAL OF RULES RELATING TO TAX COLLECTION CONTRACTS. (a) In General.--Sections 6306 and 6307 are hereby repealed, and the table of sections for subchapter A of chapter 64 is amended by striking the items relating to sections 6306 and 6307. (b) Conforming Amendments.-- (1) Section 6103(k) is amended by striking paragraph (12). (2) Section 7433A(a) is amended by inserting ``, as in effect on the day before the date of the enactment of the Taxpayer Protection Act of 2016'' after ``as defined in section 6306(b)''. (3) Section 7809(a) is amended by striking ``6306,''. (4) Section 7811 is amended by striking subsection (g). TITLE II--RELIEF FOR TAXPAYERS SEC. 201. DE MINIMIS EXCLUSION FROM GROSS INCOME FOR DISCHARGE OF INDEBTEDNESS OF INDIVIDUALS. (a) In General.--Section 108(a)(1) is amended by striking ``or'' at the end of subparagraph (D), by striking the period at the end of subparagraph (E) and inserting ``, or'', and by adding at the end the following new subparagraph: ``(F) the indebtedness discharged is qualified individual indebtedness.''. (b) Qualified Individual Indebtedness.--Section 108 is amended by adding at the end the following new subsection: ``(j) Special Rules Relating to Qualified Individual Indebtedness.-- ``(1) Qualified individual indebtedness defined.--For purposes of this section, the term `qualified individual indebtedness' means any indebtedness of an individual other than indebtedness which is-- ``(A) discharged on account of services performed for the lender, or ``(B) held at any time by a person related to such individual. For purposes of subparagraph (B), a person shall be treated as related to another person if the relationship between such persons would result in a disallowance of losses under section 267 or 707(b). ``(2) Dollar limitation.--The amount of qualified individual indebtedness excluded from gross income under subsection (a)(1)(F) with respect to any individual for any taxable year shall not exceed the excess of-- ``(A) $10,000, over ``(B) the aggregate amount excluded from the gross income of such individual under subsection (a)(1) for such taxable year and all prior taxable years (determined without regard to any amount excludable from gross income under subsection (a)(1)(F) for such taxable year). ``(3) Joint returns.--In the case of a joint return-- ``(A) the dollar limitation under paragraph (2) shall be applied separately to each spouse, and ``(B) the taxpayer may elect to treat any indebtedness of either spouse as indebtedness of the other spouse.''. (c) Coordination.-- (1) In general.--Section 108(a)(2) is amended by adding at the end the following new subparagraph: ``(D) Precedence of individual indebtedness exclusion.-- ``(i) Individual indebtedness exclusion takes precedence over insolvency exclusion unless elected otherwise.--Paragraph (1)(B) shall not apply to a discharge to which paragraph (1)(F) applies unless the taxpayer elects to apply paragraph (1)(B) in lieu of paragraph (1)(F). ``(ii) Other exclusions take precedence.-- Subparagraph (F) shall not apply to a discharge to which subparagraph (C), (D), or (E) applies.''. (2) Title 11 exclusion takes precedence.--Section 108(a)(2)(A) is amended by striking ``and (E)'' and inserting ``(E), and (F)''. (d) Effective Date.--The amendments made by this section shall apply to discharges of indebtedness after the date of the enactment of this Act. SEC. 202. REPEAL SUSPENSION OF STATUTE OF LIMITATIONS DURING PENDING APPLICATION FOR TAXPAYER ASSISTANCE ORDER. (a) In General.--Section 7811 is amended by striking subsection (d) and redesignating subsections (e), (f), and (g) as subsections (d), (e), and (f), respectively. (b) Conforming Amendment.--Section 6306(k)(2) is amended by striking ``section 7811(g)'' and inserting ``section 7811(f)''. (c) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act. SEC. 203. LIMITATION ON LEVY ON RETIREMENT SAVINGS. (a) In General.--Section 6334(a) is amended by adding at the end the following new paragraph: ``(14) Retirement savings.-- ``(A) In general.--Any individual's interest in a qualified retirement plan-- ``(i) before such individual has attained normal retirement age (or 65 in the case of an individual retirement account or a plan which does not specify a normal retirement age), or ``(ii) after the attainment of such age if the levy would create an economic hardship due to the financial condition of the taxpayer (within the meaning of 6343(a)(1)(D)). ``(B) Qualified retirement plan.--For purposes of this paragraph, the term `qualified retirement plan' means-- ``(i) an individual retirement account, or ``(ii) a defined contribution plan which-- ``(I) is described in section 401(a) and which includes a trust exempt from tax under section 501(a), ``(II) is described in subsection (a) or (b) of section 403, or ``(III) is an eligible deferred compensation plan (as defined in section 457(b)) of an eligible employer described in section 457(e)(1)(A). ``(C) Exception for flagrant acts.--Subparagraph (A) shall not apply if the Secretary determines that-- ``(i) the taxpayer filed a fraudulent return, or ``(ii) the taxpayer acted with the intent to evade or defeat any tax imposed by this title or the collection or payment thereof.''. (b) Effective Date.--The amendment made by this section shall apply to levies issued after December 31, 2016. SEC. 204. TOLLING OF LIMITATION ON LEVY RECOVERY FOR DISABLED TAXPAYER. (a) In General.--Section 6343(b) is amended by inserting after the third sentence: ``In the case of an individual, the running of such 9- month period shall be suspended during any period of such individual's life that such individual is financially disabled (as defined in section 6511(h)).''. (b) Suits by Persons Other Than Taxpayers.--Section 6532(c)(1) is amended by adding at the end the following: ``In the case of an individual, the running of such 9-month period shall be suspended during any period of such individual's life that such individual is financially disabled (as defined in section 6511(h)).''. SEC. 205. EXTENSION OF PERIOD TO WITHDRAW FRIVOLOUS SUBMISSION. (a) In General.--Section 6702(b)(3) is amended by striking ``30 days'' and inserting ``60 days''. (b) Effective Date.--The amendment made by this section shall apply to notices provided after December 31, 2016. SEC. 206. REPEAL OF PARTIAL PAYMENT REQUIREMENT ON SUBMISSIONS OF OFFERS-IN-COMPROMISE. (a) In General.--Section 7122 is amended by striking subsection (c) and by redesignating subsections (d), (e), (f), and (g) as subsection (c), (d), (e), and (f), respectively. (b) Conforming Amendments.-- (1) Section 7122(d)(3) is amended by inserting ``and'' at the end of the subparagraph (A), by striking ``, and'' at the end of subparagraph (B) and inserting a period, and by striking subparagraph (C). (2) Section 7122, as amended by this section, is amended by adding at the end the following new subsection: ``(g) Application of User Fee.--In the case of any assessed tax or other amounts imposed under this title with respect to such tax which is the subject of an offer-in-compromise, such tax or other amounts shall be reduced by any user fee imposed under this title with respect to such offer-in-compromise.''. (3) Section 6159(f) is amended by striking ``section 7122(e)'' and inserting ``section 7122(d)''. (c) Effective Date.--The amendments made by this section shall apply to offers submitted after the date of the enactment of this Act. TITLE III--ASSISTANCE FOR IDENTITY THEFT VICTIMS AND LOW-INCOME TAXPAYERS SEC. 301. TAXPAYER NOTIFICATION OF SUSPECTED IDENTITY THEFT. (a) In General.--Chapter 77 is amended by adding at the end the following new section: ``SEC. 7529. NOTIFICATION OF SUSPECTED IDENTITY THEFT. ``If the Secretary determines that there was an unauthorized use of the identity of any taxpayer, the Secretary shall-- ``(1) as soon as practicable and without jeopardizing an investigation relating to tax administration, notify the taxpayer, and ``(2) if any person is criminally charged by indictment or information relating to such unauthorized use, notify such taxpayer as soon as practicable of such charge.''. (b) Clerical Amendment.--The table of sections for chapter 77 is amended by adding at the end the following new item: ``Sec. 7529. Notification of suspected identity theft.''. (c) Effective Date.--The amendments made by this section shall apply to determinations made after the date of the enactment of this Act. SEC. 302. SINGLE POINT OF CONTACT FOR IDENTITY THEFT VICTIMS. Not later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury, or the Secretary's delegate, shall establish new procedures to ensure that any taxpayer whose return has been delayed or otherwise adversely affected due to identity theft has a single point of contact at the Internal Revenue Service throughout the processing of his or her case. The single point of contact shall track the case of the taxpayer from start to finish and coordinate with other specialized units to resolve case issues as quickly as possible. SEC. 303. REFERRALS TO LOW-INCOME TAXPAYER CLINICS PERMITTED. (a) In General.--Section 7526(c) is amended by adding at the end the following new paragraph: ``(6) Treasury employees permitted to refer taxpayers to qualified low-income taxpayer clinics.--Notwithstanding any other provision of law, officers and employees of the Department of the Treasury may refer taxpayers for advice and assistance to qualified low-income taxpayer clinics receiving funding under this section.''. (b) Effective Date.--The amendment made by this section shall apply to referrals made after the date of the enactment of this Act. SEC. 304. EITC OUTREACH. (a) In General.--Section 32 is amended by adding at the end the following new subsection: ``(n) Notification of Potential Eligibility for Credit and Refund.-- ``(1) In general.--To the extent possible and on an annual basis, the Secretary shall provide to each taxpayer who-- ``(A) did not claim the credit under subsection (a) for any preceding taxable year for which credit or refund is not precluded by section 6511, and ``(B) may be allowed such credit for any such taxable year based on return or return information (as defined in section 6103(b)) available to the Secretary, notice that such taxpayer may be eligible to claim such credit and a refund for such taxable year. ``(2) Notice.--Notice provided under paragraph (1) shall be in writing and sent to the last known address of the taxpayer.''. (b) Effective Date.--The amendment made by this section shall take effect on January 1, 2017. TITLE IV--ENSURE TAXPAYER ACCESS TO COMPETENT TAX RETURN PREPARERS SEC. 401. REGULATION OF TAX RETURN PREPARERS. (a) In General.--Section 330(a) of title 31, United States Code, is amended-- (1) by striking paragraph (1) and inserting the following: ``(1) regulate-- ``(A) the practice of representatives of persons before the Department of the Treasury; and ``(B) the practice of tax return preparers; and'', and (2) in paragraph (2)-- (A) by inserting ``or tax return preparer'' after ``representative'' each place it appears, and (B) by inserting ``or in preparing their tax returns, claims for refund, or documents in connection with tax returns or claims for refund'' after ``cases'' in subparagraph (D). (b) Authority To Sanction Regulated Tax Return Preparers.--Section 330(c) of title 31, United States Code, is amended-- (1) by inserting ``or tax return preparer'' after ``representative'' each place it appears, and (2) in paragraph (4), by striking ``misleads or threatens'' and all that follows and inserting the following: ``misleads or threatens-- ``(A) any person being represented or any prospective person being represented; or ``(B) any person or prospective person whose tax return, claim for refund, or document in connection with a tax return or claim for refund, is being or may be prepared.''. (c) Tax Return Preparer Defined.--Section 330 of title 31, United States Code, is amended by adding at the end the following new subsection: ``(f) Tax Return Preparer.--For purposes of this section-- ``(1) In general.--The term `tax return preparer' has the meaning given such term under section 7701(a)(36) of the Internal Revenue Code of 1986. ``(2) Tax return.--The term `tax return' has the meaning given to the term `return' under section 6696(e)(1) of such Code. ``(3) Claim for refund.--The term `claim for refund' has the meaning given such term under section 6696(e)(2) of such Code.''. (d) Effective Date.--The amendments made by this section shall apply with respect to returns and claims for refund for taxable years beginning after the date of the enactment of this Act. SEC. 402. TAX INFORMATION DISCLOSURE RELATING TO TAX RETURN PREPARER MISCONDUCT. Section 6103(k) is amended by adding at the end the following new paragraph: ``(13) Disclosure relating to tax return preparer misconduct.--Under such procedures as the Secretary may prescribe, the Secretary may disclose returns or return information to the extent necessary to publish final decisions by the Internal Revenue Service Office of Professional Responsibility relating to tax return preparer misconduct.''. TITLE V--INCREASE FUNDING FOR SERVICES TO TAXPAYERS SEC. 501. LOW-INCOME TAXPAYER CLINICS. (a) Increase in Authorized Grants.--Section 7526(c)(1) is amended by striking ``$6,000,000'' and inserting ``$20,000,000''. (b) Clerical Amendment.--Section 7526(c)(5) is amended by inserting ``qualified'' before ``low-income''. (c) Effective Date.--The amendments made by this section shall apply with respect to grants made after the date of the enactment of this Act. SEC. 502. INTERNAL REVENUE SERVICE TAXPAYER SERVICES APPROPRIATIONS. There is hereby appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2017, for necessary expenses of the Internal Revenue Service to provide taxpayer services, including pre-filing assistance and education, filing and account services, taxpayer advocacy services, and other services as authorized by 5 U.S.C. 3109, at such rates as may be determined by the Commissioner, $2,406,000,000.

Taxpayer Protection Act of 2016 This bill amends the Internal Revenue Code to establish additional requirements and procedures for collecting taxes, regulating tax preparers, responding to identity theft, and assisting low-income taxpayers. The bill repeals the authority of the Internal Revenue Service (IRS) to contract with private companies to collect federal tax debts. It also excludes from the gross income of an individual up to $10,000 of income from the discharge of a debt over the individual's lifetime. The bill requires the statute of limitations for a taxpayer's case to continue to run during a pending application for assistance from the National Taxpayer Advocate. The bill also: establishes limitations on IRS levies of retirement accounts, suspends the time limit for returning wrongfully levied property if a taxpayer is financially disabled, increases the grace period for withdrawing a frivolous return, and repeals the requirement to submit a partial payment with an offer-in-compromise to settle a tax liability. The IRS must notify victims of identity theft regarding an unauthorized use of the taxpayer's identity or the filing of criminal charges regarding the use of the identity. The IRS must also: (1) permit its employees to refer taxpayers to low-income taxpayer clinics, and (2) notify taxpayers who are eligible for the Earned Income Tax Credit. The IRS may regulate paid tax return preparers and disclose returns or return information necessary to publish decisions related to tax return preparer misconduct. The bill provides additional funding to the IRS for Taxpayer Services and increases the funding that the IRS may allocate to low-income taxpayer clinics.

Taxpayer Protection Act of 2016

SECTION 1. TRANSITIONAL HOUSING ASSISTANCE GRANTS FOR CHILD VICTIMS OF DOMESTIC VIOLENCE, STALKING, OR SEXUAL ASSAULT. Subtitle B of the Violence Against Women Act of 1994 (42 U.S.C. 13701 note; 108 Stat. 1925) is amended by adding at the end the following: ``CHAPTER 11--TRANSITIONAL HOUSING ASSISTANCE GRANTS FOR CHILD VICTIMS OF DOMESTIC VIOLENCE, STALKING, OR SEXUAL ASSAULT ``SEC. 40299. TRANSITIONAL HOUSING ASSISTANCE GRANTS FOR CHILD VICTIMS OF DOMESTIC VIOLENCE, STALKING, OR SEXUAL ASSAULT. ``(a) In General.--The Attorney General, acting in consultation with the Director of the Violence Against Women Office of the Department of Justice, shall award grants under this section to States, units of local government, Indian tribes, and other organizations (referred to in this section as the `recipient') to carry out programs to provide assistance to minors, adults, and their dependents-- ``(1) who are homeless, or in need of transitional housing or other housing assistance, as a result of fleeing a situation of domestic violence; and ``(2) for whom emergency shelter services or other crisis intervention services are unavailable or insufficient. ``(b) Grants.--Grants awarded under this section may be used for programs that provide-- ``(1) short-term housing assistance, including rental or utilities payments assistance and assistance with related expenses such as payment of security deposits and other costs incidental to relocation to transitional housing for persons described in subsection (a); and ``(2) support services designed to enable a minor, an adult, or a dependent of such minor or adult, who is fleeing a situation of domestic violence to-- ``(A) locate and secure permanent housing; and ``(B) integrate into a community by providing that minor, adult, or dependent with services, such as transportation, counseling, child care services, case management, employment counseling, and other assistance. ``(c) Duration.-- ``(1) In general.--Except as provided in paragraph (2), a minor, an adult, or a dependent, who receives assistance under this section shall receive that assistance for not more than 18 months. ``(2) Waiver.--The recipient of a grant under this section may waive the restriction under paragraph (1) for not more than an additional 6 month period with respect to any minor, adult, or dependent, who-- ``(A) has made a good-faith effort to acquire permanent housing; and ``(B) has been unable to acquire permanent housing. ``(d) Application.-- ``(1) In general.--Each eligible entity desiring a grant under this section shall submit an application to the Attorney General at such time, in such manner, and accompanied by such information as the Attorney General may reasonably require. ``(2) Contents.--Each application submitted pursuant to paragraph (1) shall-- ``(A) describe the activities for which assistance under this section is sought; and ``(B) provide such additional assurances as the Attorney General determines to be essential to ensure compliance with the requirements of this section. ``(3) Application.--Nothing in this subsection shall be construed to require-- ``(A) victims to participate in the criminal justice system in order to receive services; or ``(B) domestic violence advocates to breach client confidentiality. ``(e) Report to the Attorney General.-- ``(1) In general.--A recipient of a grant under this section shall annually prepare and submit to the Attorney General a report describing-- ``(A) the number of minors, adults, and dependents assisted under this section; and ``(B) the types of housing assistance and support services provided under this section. ``(2) Contents.--Each report prepared and submitted pursuant to paragraph (1) shall include information regarding-- ``(A) the amount of housing assistance provided to each minor, adult, or dependent, assisted under this section and the reason for that assistance; ``(B) the number of months each minor, adult, or dependent, received assistance under this section; ``(C) the number of minors, adults, and dependents who-- ``(i) were eligible to receive assistance under this section; and ``(ii) were not provided with assistance under this section solely due to a lack of available housing; and ``(D) the type of support services provided to each minor, adult, or dependent, assisted under this section. ``(f) Report to Congress.-- ``(1) Reporting requirement.--The Attorney General, with the Director of the Violence Against Women Office, shall annually prepare and submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report that contains a compilation of the information contained in the report submitted under subsection (e). ``(2) Availability of report.--In order to coordinate efforts to assist the victims of domestic violence, the Attorney General, in coordination with the Director of the Violence Against Women Office, shall transmit a copy of the report submitted under paragraph (1) to-- ``(A) the Office of Community Planning and Development at the United States Department of Housing and Urban Development; and ``(B) the Office of Women's Health at the United States Department of Health and Human Services. ``(g) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated to carry out this section $30,000,000 for each of the fiscal years 2004 through 2008. ``(2) Limitations.--Of the amount made available to carry out this section in any fiscal year, not more than 3 percent may be used by the Attorney General for salaries and administrative expenses. ``(3) Minimum amount.-- ``(A) In general.--Except as provided in subparagraph (B), unless all eligible applications submitted by any States, units of local government, Indian tribes, or organizations within a State for a grant under this section have been funded, that State, together with the grantees within the State (other than Indian tribes), shall be allocated in each fiscal year, not less than 0.75 percent of the total amount appropriated in the fiscal year for grants pursuant to this section. ``(B) Exception.--The United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands shall each be allocated not less than 0.25 percent of the total amount appropriated in the fiscal year for grants pursuant to this section.''.

Amends the Violence Against Women Act of 1994 to require the Attorney General to award grants to States, units of local government, Indian tribes, and other organizations to carry out programs to provide short-term housing assistance and related support services to minors, adults, and their dependents: (1) who are homeless, or in need of transitional housing or other housing assistance, as a result of fleeing a situation of domestic violence; and (2) for whom emergency shelter services or other crisis intervention services are unavailable or insufficient. Limits the duration of such assistance to an 18-month period, except that a grant recipient may extend such assistance for an additional six-month period with respect to any minor, adult, or dependent who has been unable to acquire permanent housing despite a good-faith effort to do so.

To amend the Violence Against Women Act of 1994 to provide for transitional housing assistance grants for child victims of domestic violence.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Survivor Benefits Act of 2003''. SEC. 2. REPEAL OF TWO-YEAR LIMITATION ON PAYMENT OF ACCRUED BENEFITS AT DEATH. Subsection (a) of section 5121 of title 38, United States Code, is amended-- (1) in the matter preceding paragraph (1), by striking ``for a period not to exceed two years''; (2) in paragraph (4), by striking ``and'' at the end; (3) by redesignating paragraph (5) as paragraph (6); and (4) by inserting after paragraph (4) the following new paragraph (5): ``(5) Upon the death of a child claiming benefits under chapter 18 of this title, to the surviving parents; and''. SEC. 3. CONTINUATION OF CLAIM AND SUBSTITUTION OF PARTIES UPON DEATH OF APPLICANT FOR BENEFITS. (a) In General.--Chapter 51 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 5127. Deaths of applicants for benefits: continuation of claims and substitution of parties ``(a) In the case of a claim for compensation, dependency and indemnity compensation, or pension that was submitted to the Secretary by a claimant who dies before a decision on that claim becomes final in accordance with section 7291 of this title in which benefits are not payable based on existing ratings or decisions or those based on evidence in the file at the date of death under section 5121 of this title, the claim shall not be extinguished if, within the time period prescribed in subsection (c)(2), an eligible person submits an application to the Secretary, or submits a motion to a court with jurisdiction over the claim, to be substituted as the claimant in order to continue prosecution of the claim. The Secretary or the court, as the case may be, shall approve any such application submitted by an eligible person. ``(b)(1) For purposes of this section and section 7270 of this title, the term `eligible person' means any of the following individuals: ``(A) The surviving spouse. ``(B) The custodian of a surviving child (including a surviving child described by section 101(4)(A)(ii) of this title who is incapable of continuing prosecution of a claim) or, in the case of a surviving child described by section 101(4)(A)(iii) of this title, the surviving child. ``(C) A dependent parent. ``(D) In the case of a child claiming benefits under chapter 18 of this title, a surviving parent. ``(2) In a case where more than one individual referred to in subparagraph (A) through (C) of paragraph (1) submits an application or motion under subsection (a) to be substituted as a claimant, the eligible person shall be determined in the order listed in such subparagraphs. In the case of individuals submitting an application or motion under subsection (a) who are specified in the same subparagraph of paragraph (1), the eligible person shall be the first in time to submit such application or motion. ``(c)(1) Upon being notified of the death of a claimant, the Secretary shall send a notice to the eligible person shown in the record, or otherwise to the decedent's last known address, informing that the claim will be dismissed unless an application for substitution as the claimant is received by the Secretary within the time prescribed in paragraph (2). ``(2) An application under this section for substitution as the claimant on a claim must be filed not later than the later of-- ``(A) the end of the 1-year period beginning on the date of the claimant's death; ``(B) the end of the 6-month period beginning on the date of the notification under paragraph (1); or ``(C) the end of the 3-month period beginning on the date of the notification of an adverse decision under section 5121 of this title. ``(d) A person named as a substitute claimant under subsection (a) shall be accorded all the rights and responsibilities of the original claimant. ``(e) If benefits are payable as a result of a decision on a claim by a substituted claimant named under this section, such benefits shall be paid as follows: ``(1) If the deceased claimant was claiming benefits as a veteran, to the living person first listed below: ``(A) The veteran's spouse. ``(B) The veteran's children (in equal shares). ``(C) The veteran's dependent parents (in equal shares). ``(2) If the deceased claimant was claiming benefits as the surviving spouse of a veteran, to the surviving children of the deceased veteran (in equal shares). ``(3) If the deceased claimant was claiming benefits under chapter 18 of this title as the child of a veteran, to the surviving parents of the child (in equal shares). ``(f) Upon the appointment of a substitute claimant, the Secretary shall notify the person substituted as the claimant as to the evidence or information necessary to substantiate the pending claim. If such information or evidence is not received within one year from the date of such notification, no benefits may be paid on the claim. ``(g) For purposes of section 5112(b) of this title, the term `payee' as used in such section shall be deemed to include a deceased claimant for whom a substitute claimant is appointed under this section.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``5127. Deaths of applicants for benefits: continuation of claims and substitution of parties.''. SEC. 4. SUBSTITUTION OF SURVIVOR IN CASES PENDING BEFORE A COURT. (a) In General.--Subchapter II of chapter 72 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 7270. Cases pending on death of claimant: substitution of parties ``(a) If a claimant dies before filing an appeal under section 7266 of this title, an eligible person may file an appeal as a substituted claimant for the decedent within the time period specified under section 7266 of this title. If an appellant or respondent dies while a claim is pending before a court and before a final decision is rendered under section 7291 of this title, an eligible person may move the court for substitution of claimant in the pending action. Any such motion filed with the United States Court of Appeals for Veterans Claims or to the United States Court of Appeals for the Federal Circuit must be filed within the time period prescribed by sections 7266 and 7292 of this title, respectively, or within one year of the claimant's death, whichever is earlier. ``(b) In any case in which a final decision under section 7291 of this title has not been made, an eligible person may move a court to be substituted is the appellant (or respondent as the case may be) for an appellant or respondent who dies while an appeal is pending. The court shall, upon filing of a timely motion, appoint an eligible person to substitute as the claimant to continue prosecution or defense of that claim. ``(c) Nothing in this section shall require or authorize substitution for a deceased claimant if a final decision under section 7291 of this title has been entered before the filing of a motion for substitution. ``(d) In this section, the term `eligible person' has the meaning given that term in section 5127(b) of this title.''. (b) Clerical Amendment.--The table of sections at the beginning of such subchapter is amended by adding at the end the following new item: ``7270. Cases pending on death of claimant: substitution of parties.''. SEC. 5. EFFECTIVE DATE. The amendments made by this Act shall apply to deaths occurring on or after the date of the enactment of this Act.

Veterans' Survivor Benefits Act of 2003 - Repeals the limitation (benefits due and unpaid for not to exceed two years) on the accrued benefits required to be paid by the Secretary of Veterans Affairs upon the death of a veteran or other beneficiary. Provides that, upon the death of a child claiming benefits as a child of a Vietnam veteran, such benefits shall be paid to the surviving parents. Authorizes the substitution of any of the following parties in the case of a veteran's claim for benefits provided through the Department of Veterans Affairs when the original claimant dies while the claim is pending: (1) the surviving spouse; (2) the custodian of a surviving minor or incapable child; (3) a child between 18 and 21 years of age pursuing a program of education; (4) a dependent parent; or (5) in the case of the death of a child claiming benefits as a child of a Vietnam veteran, a surviving parent. Authorizes the substitution of the above eligible parties in cases pending before a U.S. Circuit Court or the U.S. Court of Appeals for Veterans Claims.

A bill to repeal the two-year limitation on the payment of accrued benefits that are due and unpaid by the Secretary of Veterans Affairs upon the death of a veteran or other beneficiary under laws administered by the Secretary, to allow for substitution of parties in the case of a claim for benefits provided by the Secretary when the applicant for such benefits dies while the claim in pending, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``HIV Partner Protection Act''. SEC. 2. PROGRAM FOR HIV HEALTH CARE SERVICES; AMENDMENT REGARDING STATE PROGRAMS OF PARTNER NOTIFICATION. Subpart I of part B of title XXVI of the Public Health Service Act (42 U.S.C. 300ff-21 et seq.) is amended by inserting after section 2616 the following section: ``SEC. 2616A. PARTNER NOTIFICATION. ``(a) In General.--Subject to subsection (d), for fiscal year 2000 and subsequent fiscal years the Secretary shall not make a grant to a State under this part unless the State demonstrates to the satisfaction of the Secretary that the law or regulations of the State are in accordance with the following: ``(1) The State requires that the public health officer of the State carry out a program of partner notification to inform partners of individuals with HIV disease that the partners may have been exposed to the disease. ``(2) In the case of a health entity that provides for the performance on an individual of a test for HIV disease, the State requires that the entity confidentially report positive test results to the State public health officer, including the name of the individual, together with any additional information necessary for carrying out such program. ``(3) The program is carried out in accordance with the following: ``(A) Partners are provided with an appropriate opportunity to learn that the partners have been exposed to HIV disease, subject to subparagraph (B). ``(B) The State does not inform partners of the identity of the infected individuals involved. ``(C) Counseling and testing on HIV disease are made available to the partners and to infected individuals, and such counseling includes information on modes of transmission for the disease, including information on prenatal and perinatal transmission and preventing transmission. ``(D) Counseling for infected individuals includes the provision of information regarding therapeutic measures for preventing and treating the deterioration of the immune system and conditions arising from the disease, and providing other prevention information. ``(E) Referrals for appropriate services are provided to partners and infected individuals. ``(F) Notifications under subparagraph (A) are provided in person, unless doing so is an unreasonable burden on the State. ``(G) There is no criminal or civil penalty on, or civil liability for, an infected individual if the individual chooses not to identify the partners of the individual, or if the individual does not otherwise cooperate with such program. ``(H) There is no criminal or civil penalty on, or civil liability for, a person who in good faith makes errors in submitting reports or making disclosures under such program. ``(I) The failure of the State to notify partners is not a basis for the civil liability of any health entity who under the program reported to the State the identity of the infected individual involved. ``(J) The State provides that the provisions of the program may not be construed as prohibiting the State from providing a notification under subparagraph (A) without the consent of the infected individual involved. ``(b) State Insurance Laws With Respect to Undergoing Testing.-- ``(1) In general.--Subject to subsection (d), for fiscal year 2000 and subsequent fiscal years the Secretary shall not make a grant to a State under this part unless the State demonstrates to the satisfaction of the Secretary that, with respect to an individual who learns that the individual has been exposed to HIV disease and then undergoes testing for such disease, State insurance laws prohibit an insurer from taking any action against the individual solely on the basis that the individual has been tested for the disease. ``(2) Rule of construction.--A statute or regulation shall be deemed to regulate insurance for purposes of paragraph (1) only to the extent that such statute or regulation is treated as regulating insurance for purposes of section 514(b)(2) of the Employee Retirement Income Security Act of 1974. ``(c) Definitions.--For purposes of this section: ``(1) The term `infected individual' means an individual with HIV disease. ``(2) The term `partner' includes the spouses or other sexual partners of infected individuals; the partners of such individuals in the sharing of hypodermic needles for the intravenous injection of drugs; the partners of such individuals in the sharing of any drug-related paraphernalia determined by the Secretary to place such partners at risk of HIV disease; and any other individual whom the infected individual exposed to HIV disease. ``(d) Delayed Applicability for Certain States.--In the case of a State whose legislature does not convene a regular session in fiscal year 1999, and in the case of a State whose legislature does not convene a regular session in fiscal year 2000, the requirements described in subsections (a) and (b) as a condition of the receipt of a grant under this part applies only for fiscal year 2001 and subsequent fiscal years.''. SEC. 3. GRANTS TO STATES TO ASSIST WITH COSTS OF REQUIRED LAW. (a) In General.--The Secretary of Health and Human Services may make grants to States to assist the States with the costs of carrying out the program of partner notification with respect to the human immunodeficiency virus that is required in section 2616A of the Public Health Service Act (as added by section 2 of this Act). (b) Authorization of Appropriations.--For the purpose of carrying out subsection (a), there is authorized to be appropriated $10,000,000 for each of the fiscal years 2000 through 2004.

HIV Partner Protection Act - Amends the Public Health Service Act to prohibit a grant to a State under provisions relating to human immunodeficiency virus (HIV) care grants unless the State: (1) carries out a program of notification of sex or needle sharing partners of individuals with HIV disease that the partners may have been exposed; (2) requires HIV testing entities to confidentially report positive test results, including the individual's name, to the State; (3) does not inform partners of the infected individual's identity; (4) meets certain counseling, testing, and referral requirements; (5) there is no criminal or civil penalty or civil liability for an infected individual if the individual chooses not to identify their partners or for an individual who makes a good faith error in submitting reports or making disclosures; and (6) the failure of the State to notify partners is not a basis for civil liability of any health entity who reported to the State the identity of the infected individual. Prohibits such a grant unless a State prohibits insurers from taking any action against an individual solely on the basis that the individual has been tested for HIV disease. Authorizes grants to States to assist with the costs of carrying out the program. Authorizes appropriations.

HIV Partner Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicaid Generic Drug Price Fairness Act of 2015''. SEC. 2. APPLYING THE MEDICAID ADDITIONAL REBATE REQUIREMENT TO GENERIC DRUGS. (a) In General.--Section 1927(c)(3) of the Social Security Act (42 U.S.C. 1396r-8(c)(3)) is amended-- (1) in subparagraph (A), by striking ``The amount'' and inserting ``Except as provided in subparagraph (C), the amount''; and (2) by adding at the end the following new subparagraph: ``(C) Additional rebate.-- ``(i) In general.--The amount of the rebate specified in this paragraph for a rebate period, with respect to each dosage form and strength of a covered outpatient drug other than a single source drug or an innovator multiple source drug, shall be increased in the manner that the rebate for a dosage form and strength of a single source drug or an innovator multiple source drug is increased under subparagraphs (A) and (D) of paragraph (2), except as provided in clause (ii). ``(ii) Special rules for application of provision.--In applying subparagraphs (A) and (D) of paragraph (2) under clause (i)-- ``(I) the reference in subparagraph (A)(i) of such paragraph to `1990' shall be deemed a reference to `2014'; ``(II) subject to clause (iii), the reference in subparagraph (A)(ii) of such paragraph to `calendar quarter beginning July 1, 1990' shall be deemed a reference to the `calendar quarter in which the average manufacturer price for the drug is the lowest during the 12-calendar quarter period ending on September 30, 2014'; ``(III) subject to clause (iii), the reference in subparagraph (A)(ii) of such paragraph to `September 1990' shall be deemed a reference to `the last month of such calendar quarter'; ``(IV) the references in subparagraph (D) of such paragraph to `paragraph (1)(A)(ii)', `this paragraph', and `December 31, 2009' shall be deemed references to `subparagraph (A)', `this subparagraph', and `December 31, 2014', respectively; and ``(V) any reference in such paragraph to a `single source drug or an innovator multiple source drug' shall be deemed to be a reference to a drug to which clause (i) applies. ``(iii) Special rule for certain noninnovator multiple source drugs.--In applying paragraph (2)(A)(ii)(II) under clause (i) with respect to a covered outpatient drug that is first sold as a drug other than a single source drug or an innovator multiple source drug after the date that is 3 years before the date of the enactment of this subparagraph, such paragraph shall be applied-- ``(I) by substituting `the applicable quarter' for `the calendar quarter beginning July 1, 1990'; and ``(II) by substituting `the last month in such applicable quarter' for `September 1990'. ``(iv) Applicable quarter defined.--In this subsection, the term `applicable quarter' means, with respect to a drug described in clause (iii), the fifth full calendar quarter in which the drug is sold as a drug other than a single source drug or an innovator multiple source drug.''. (b) Effective Date.--The amendments made by subsection (a) shall apply to rebate periods beginning after December 31, 2014.

Medicaid Generic Drug Price Fairness Act of 2015 This bill amends title XIX (Medicaid) of the Social Security Act to increase the amount of rebate with respect to each generic drug in the manner that the rebate for a dosage form and strength of a single source drug or an innovator multiple source drug is increased, except as provided in special application rules, including a special rule for certain noninnovator multiple source drugs.

Medicaid Generic Drug Price Fairness Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Retirement Equity Act of 2001''. SEC. 2. CONCURRENT PAYMENT OF RETIRED PAY AND COMPENSATION. (a) Limitation on Duplication of Benefits.--Chapter 71 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 1414. Concurrent payment of retired pay and veterans' disability compensation ``(a) Payment of Both Retired Pay and Compensation.--Except as provided in subsections (c) and (d), a member or former member of the uniformed services who is entitled to retired pay (other than as specified in subsection (b)) and who is also entitled to veterans' disability compensation is entitled to be paid both without regard to sections 5304 and 5305 of title 38. ``(b) Exception.--Subsection (a) does not apply to a member retired under chapter 61 of this title with less than 20 years of service otherwise creditable under section 1405 of this title at the time of the member's retirement. ``(c) Proportional Reduction in Retired Pay.--In the case of a person described in subsection (a) who is receiving both retired pay and veterans' disability compensation, the amount of that person's retired pay shall be reduced (but not below zero) based on the rating of the person's disability for veterans' disability compensation purposes as follows: ``(1) If and while the disability is rated 10 percent, by the amount equal to 90 percent of the amount of the disability compensation paid such person. ``(2) If and while the disability is rated 20 percent, by the amount equal to 80 percent of the amount of the disability compensation paid such person. ``(3) If and while the disability is rated 30 percent, by the amount equal to 70 percent of the amount of the disability compensation paid such person. ``(4) If and while the disability is rated 40 percent, by the amount equal to 60 percent of the amount of the disability compensation paid such person. ``(5) If and while the disability is rated 50 percent, by the amount equal to 50 percent of the amount of the disability compensation paid such person. ``(6) If and while the disability is rated 60 percent, by the amount equal to 40 percent of the amount of the disability compensation paid such person. ``(7) If and while the disability is rated 70 percent, by the amount equal to 30 percent of the amount of the disability compensation paid such person. ``(8) If and while the disability is rated 80 percent, by the amount equal to 20 percent of the amount of the disability compensation paid such person. ``(9) If and while the disability is rated 90 percent, by the amount equal to 10 percent of the amount of the disability compensation paid such person. The retired pay of a person entitled to disability compensation may not be reduced under this subsection if and while the disability of such person is rated as total. ``(d) Special Rule for Chapter 61 Career Retirees.--Notwithstanding subsection (c), in the case of a retired member described in subsection (a) who retired under chapter 61 of this title with 20 years or more of service otherwise creditable under section 1405 of this title at the time of the member's retirement, the amount of the member's retired pay shall be the lesser of the following: ``(1) The amount of retired pay determined in accordance with subsection (c). ``(2) The amount of retired pay determined subject to the applicability of sections 5304 and 5305 of title 38, but not less than the amount of retired pay to which the member would have been entitled under any other provision law based upon the member's service in the uniformed services if the member had not been retired under chapter 61 of this title. ``(e) Definitions.--In this section: ``(1) The term `retired pay' includes retainer pay, emergency officers' retirement pay, and naval pension. ``(2) The term `veterans' disability compensation' has the meaning given the term `compensation' in section 101(12) of title 38.''. (b) Repeal of Special Compensation Program.--Section 1413 of such title is repealed. (c) Clerical Amendments.--The table of sections at the beginning of such chapter is amended-- (1) by striking the item relating to section 1413; and (2) by adding at the end the following new item: ``1414. Concurrent payment of retired pay and veterans' disability compensation.''. SEC. 3. EFFECTIVE DATE; PROHIBITION ON RETROACTIVE BENEFITS. (a) In General.--The amendments made by this Act shall take effect on-- (1) the first day of the first month that begins after the date of the enactment of this Act; or (2) the first day of the fiscal year that begins in the calendar year in which this Act is enacted, if later than the date specified in paragraph (1). (b) Retroactive Benefits.--No benefits may be paid to any person by reason of section 1414 of title 10, United States Code, as added by the amendment made by section 2(a), for any period before the effective date specified in subsection (a).

Military Retirement Equity Act of 2001 - Permits retired members of the armed forces to be paid retirement pay concurrently with compensation for any service-connected disability, with an exception for members retired with less than 20 years of creditable service.Reduces the retirement pay of individuals receiving both types of pay by a specified percentage of the disability compensation which decreases as the disability rating increases. Prohibits any reduction in the retirement pay of a disabled person when the disability rating is total.Provides retired pay amounts for members who retired with 20 years or more of service due to a physical disability.

To amend title 10, United States Code, to permit retired members of the Armed Forces who have a service-connected disability to receive a portion of their military retired pay concurrently with veterans' disability compensation.

SECTION 1. TABLE OF CONTENTS. Sec. 1. Table of contents. Sec. 2. Illinois and Michigan Canal National Heritage Corridor. Sec. 3. John H. Chafee Blackstone River Valley National Heritage Corridor. Sec. 4. Delaware and Lehigh National Heritage Corridor. Sec. 5. Southwestern Pennsylvania Heritage Preservation Commission (Path of Progress). Sec. 6. Cane River NHA. Sec. 7. Quinebaug and Shetucket Rivers Valley National Heritage Corridor. Sec. 8. America's Agricultural Heritage Partnership (Silos and Smokestacks). Sec. 9. Augusta Canal NHA. Sec. 10. Essex NHA. Sec. 11. Hudson River Valley NHA. Sec. 12. National Coal Heritage Area. Sec. 13. Ohio and Erie Canal National Heritage Corridor. Sec. 14. Steel Industry American Heritage Area. Sec. 15. Shenandoah Valley Battlefields National Historic District. Sec. 16. South Carolina National Heritage Corridor. Sec. 17. Tennessee Civil War Heritage Area. Sec. 18. Automobile NHA (MotorCities). Sec. 19. Lackawanna Valley NHA. Sec. 20. Schuylkill River Valley NHA. Sec. 21. Wheeling NHA. Sec. 22. Yuma Crossing NHA. Sec. 23. Erie Canalway National Heritage Corridor. Sec. 24. Blue Ridge NHA. Sec. 25. Oil Region NHA. Sec. 26. Mississippi Gulf Coast NHA. Sec. 27. National Aviation Heritage Area. Sec. 28. Arabia Mountain NHA. Sec. 29. Atchafalaya NHA. Sec. 30. Champlain Valley National Heritage Partnership. Sec. 31. Crossroads of the American Revolution NHA. Sec. 32. Freedom's Frontier NHA. Sec. 33. Great Basin National Heritage Route. Sec. 34. Gullah/Geechee Cultural Heritage Corridor. Sec. 35. Mormon Pioneer NHA. Sec. 36. Northern Rio Grande NHA. Sec. 37. Upper Housatonic Valley NHA. Sec. 38. Abraham Lincoln NHA. Sec. 39. Journey Through Hallowed Ground NHA. Sec. 40. Niagara Falls NHA. Sec. 41. Baltimore NHA. Sec. 42. Cache La Poudre River NHA. Sec. 43. Freedom's Way NHA. Sec. 44. Kenai Mountains-Turnagain Arm NHA. Sec. 45. Mississippi Delta NHA. Sec. 46. Mississippi Hills NHA. Sec. 47. Muscle Shoals NHA. Sec. 48. Northern Plains NHA. Sec. 49. Sangre de Christo NHA. Sec. 50. South Park NHA. SEC. 2. ILLINOIS AND MICHIGAN CANAL NATIONAL HERITAGE CORRIDOR. Section 116 of the Illinois and Michigan Canal National Heritage Corridor Act of 1984 (Public Law 98-398; 98 Stat. 1467) is amended to read as follows: ``Sec. 116. No Federal funds may be used to carry out this title.''. SEC. 3. JOHN H. CHAFEE BLACKSTONE RIVER VALLEY NATIONAL HERITAGE CORRIDOR. Section 10 of the Act entitled ``An Act To establish the Blackstone River Valley National Heritage Corridor in Massachusetts and Rhode Island'' (Public Law 99-647; 100 Stat. 3630-31) is amended to read as follows: ``Sec. 10. No Federal funds may be used to carry out this Act.''. SEC. 4. DELAWARE AND LEHIGH NATIONAL HERITAGE CORRIDOR. Section 12 of the Delaware and Lehigh Navigation Canal National Heritage Corridor Act of 1988 (Public Law 100-692; 102 Stat. 4558) is amended to read as follows: ``SEC. 12. FUNDING. ``No Federal funds may be used to carry out this Act.''. SEC. 5. SOUTHWESTERN PENNSYLVANIA HERITAGE PRESERVATION COMMISSION (PATH OF PROGRESS). Section 105 of An Act To establish in the Department of the Interior the Southwestern Pennsylvania Heritage Preservation Commission, and for other purposes (Public Law 100-698; 102 Stat. 4622) is amended to read as follows: ``SEC. 105. FUNDING. ``No Federal funds may be used to carry out this title.''. SEC. 6. CANE RIVER NHA. Section 406 of the Cane River Creole National Historical Park and National Heritage Area Act (16 U.S.C. 410ccc-26) is amended to read as follows: ``SEC. 406. FUNDING. ``No Federal funds may be used to carry out titles III and IV of this Act.''. SEC. 7. QUINEBAUG AND SHETUCKET RIVERS VALLEY NATIONAL HERITAGE CORRIDOR. Section 109 of the Quinebaug and Shetucket Rivers Valley National Heritage Corridor Act of 1994 (Public Law 103-449; 108 Stat. 4756) is amended to read as follows: ``SEC. 109. FUNDING. ``No Federal funds may be used to carry out this title.''. SEC. 8. AMERICA'S AGRICULTURAL HERITAGE PARTNERSHIP (SILOS AND SMOKESTACKS). Section 708 of division II of the Omnibus Parks and Public Lands Management Act of 1996 (Public Law 104-333; 110 Stat. 4267) is amended to read as follows: ``SEC. 708. FUNDING. ``No Federal funds may be used to carry out this title.''. SEC. 9. AUGUSTA CANAL NHA. Section 311 of division II of the Omnibus Parks and Public Lands Management Act of 1996 (Public Law 104-333; 110 Stat. 4252) is amended to read as follows: ``SEC. 311. FUNDING. ``No Federal funds may be used to carry out this title.''. SEC. 10. ESSEX NHA. Section 508 of division II of the Omnibus Parks and Public Lands Management Act of 1996 (Public Law 104-333; 110 Stat. 4260) is amended to read as follows: ``SEC. 508. FUNDING. ``No Federal funds may be used to carry out this title.''. SEC. 11. HUDSON RIVER VALLEY NHA. Section 909 of division II of the Omnibus Parks and Public Lands Management Act of 1996 (Public Law 104-333; 110 Stat. 4280-81) is amended to read as follows: ``SEC. 909. FUNDING. ``No Federal funds may be used to carry out this title.''. SEC. 12. NATIONAL COAL HERITAGE AREA. Section 108 of division II of the Omnibus Parks and Public Lands Management Act of 1996 (Public Law 104-333; 110 Stat. 4244) is amended to read as follows: ``SEC. 108. FUNDING. ``No Federal funds may be used to carry out this title.''. SEC. 13. OHIO AND ERIE CANAL NATIONAL HERITAGE CORRIDOR. Section 812 of division II of the Omnibus Parks and Public Lands Management Act of 1996 (Public Law 104-333; 110 Stat. 4275) is amended to read as follows: ``SEC. 812. FUNDING. ``No Federal funds may be used to carry out this title.''. SEC. 14. STEEL INDUSTRY AMERICAN HERITAGE AREA. Section 409 of division II of the Omnibus Parks and Public Lands Management Act of 1996 (Public Law 104-333; 110 Stat. 4256) is amended to read as follows: ``SEC. 409. FUNDING. ``No Federal funds may be used to carry out this title.''. SEC. 15. SHENANDOAH VALLEY BATTLEFIELDS NATIONAL HISTORIC DISTRICT. Section 606(j)(2) of division I of the Omnibus Parks and Public Lands Management Act of 1996 (Public Law 104-333; 110 Stat. 4179-80) is amended to read as follows: ``(2) Funding.--No Federal funds may be used to carry out this Act.''. SEC. 16. SOUTH CAROLINA NATIONAL HERITAGE CORRIDOR. Section 608 of division II of the Omnibus Parks and Public Lands Management Act of 1996 (Public Law 104-333; 110 Stat. 4264) is amended to read as follows: ``SEC. 608. FUNDING. ``No Federal funds may be used to carry out this title.''. SEC. 17. TENNESSEE CIVIL WAR HERITAGE AREA. Section 209 of division II of the Omnibus Parks and Public Lands Management Act of 1996 (Public Law 104-333; 110 Stat. 4248) is amended to read as follows: ``SEC. 209. FUNDING. ``No Federal funds may be used to carry out this title.''. SEC. 18. AUTOMOBILE NHA (MOTORCITIES). Section 110 of the Automobile National Heritage Area Act (Public Law 105-355; 112 Stat. 3252) is amended to read as follows: ``SEC. 110. FUNDING. ``No Federal funds may be used to carry out this title.''. SEC. 19. LACKAWANNA VALLEY NHA. Section 109 of the Lackawanna Valley National Heritage Area Act of 2000 (Public Law 106-278; 114 Stat. 818) is amended to read as follows: ``SEC. 109. FUNDING. ``No Federal funds may be used to carry out this title.''. SEC. 20. SCHUYLKILL RIVER VALLEY NHA. Section 210 of the Schuylkill River Valley National Heritage Area Act (Public Law 106-278; 114 Stat. 824) is amended to read as follows: ``SEC. 210. FUNDING. ``No Federal funds may be used to carry out this title.''. SEC. 21. WHEELING NHA. Subsection (h) of the Wheeling National Heritage Area Act of 2000 (section 157 of Public Law 106-291; 114 Stat. 967) is amended to read as follows: ``(h) Funding.--No Federal funds may be used to carry out this section.''. SEC. 22. YUMA CROSSING NHA. Section 8 of the Yuma Crossing National Heritage Area Act of 2000 (Public Law 106-319; 114 Stat. 1284-85) is amended to read as follows: ``SEC. 8. FUNDING. ``No Federal funds may be used to carry out this Act.''. SEC. 23. ERIE CANALWAY NATIONAL HERITAGE CORRIDOR. Section 810 of the Erie Canalway National Heritage Corridor Act (Public Law 106-554; 114 Stat. 2763A-303) is amended to read as follows: ``SEC. 810. FUNDING. ``No Federal funds may be used to carry out this title.''. SEC. 24. BLUE RIDGE NHA. Section 140(i) of the Blue Ridge National Heritage Area Act of 2003 (title I of Public Law 108-108; 117 Stat. 1279) is amended to read as follows: ``(i) Funding.--No Federal funds may be used to carry out this section.''. SEC. 25. OIL REGION NHA. Section 612 of the Oil Region National Heritage Area Act (title VI of division J of Public Law 108-447; 118 Stat. 3373) is amended to read as follows: ``SEC. 612. FUNDING. ``No Federal funds may be used to carry out this title.''. SEC. 26. MISSISSIPPI GULF COAST NHA. Section 709 of the Mississippi Gulf Coast National Heritage Area Act (title VII of division J of Public Law 108-447; 18 Stat. 3377) is amended to read as follows: ``SEC. 709. FUNDING. ``No Federal funds may be used to carry out this title.''. SEC. 27. NATIONAL AVIATION HERITAGE AREA. Section 511 of the National Aviation Heritage Area Act (title V of division J of Public Law 108-447; 18 Stat. 3367) is amended to read as follows: ``SEC. 511. FUNDING. ``No Federal funds may be used to carry out this title.''. SEC. 28. ARABIA MOUNTAIN NHA. Section 239 of the Arabia Mountain National Heritage Area Act (subtitle C of title II of Public Law 109-338; 120 Stat. 1799) is amended to read as follows: ``SEC. 239. FUNDING. ``No Federal funds may be used to carry out this subtitle.''. SEC. 29. ATCHAFALAYA NHA. Section 220 of the Atchafalaya National Heritage Area Act (subtitle B of title II of Public Law 109-338; 120 Stat. 1795) is amended to read as follows: ``SEC. 220. FUNDING. ``No Federal funds may be used to carry out this subtitle.''. SEC. 30. CHAMPLAIN VALLEY NATIONAL HERITAGE PARTNERSHIP. Section 288 of the Champlain Valley National Heritage Partnership Act of 2006 (subtitle G of title II of Public Law 109-338; 120 Stat. 1824) is amended to read as follows: ``SEC. 288. FUNDING. ``No Federal funds may be used to carry out this subtitle.''. SEC. 31. CROSSROADS OF THE AMERICAN REVOLUTION NHA. Section 297G of the Crossroads of the American Revolution National Heritage Area Act of 2006 (subtitle J of title II of Public Law 109- 338; 120 Stat. 1844) is amended to read as follows: ``SEC. 297G. FUNDING. ``No Federal funds may be used to carry out this subtitle.''. SEC. 32. FREEDOM'S FRONTIER NHA. Section 268 of the Freedom's Frontier National Heritage Area Act (subtitle E of title II of Public Law 109-338; 120 Stat. 1813) is amended to read as follows: ``SEC. 268. FUNDING. ``No Federal funds may be used to carry out this subtitle.''. SEC. 33. GREAT BASIN NATIONAL HERITAGE ROUTE. Section 291I of the Great Basin National Heritage Route Act (subtitle H of title II of Public Law 109-338; 120 Stat. 1831) is amended to read as follows: ``SEC. 291I. FUNDING. ``No Federal funds may be used to carry out this subtitle.''. SEC. 34. GULLAH/GEECHEE CULTURAL HERITAGE CORRIDOR. Section 295K of the Gullah/Geechee Cultural Heritage Act (subtitle I of title II of Public Law 109-338; 120 Stat. 1837) is amended to read as follows: ``SEC. 295K. FUNDING. ``No Federal funds may be used to carry out this subtitle.''. SEC. 35. MORMON PIONEER NHA. Section 259 of the Mormon Pioneer National Heritage Area Act (subtitle D of title II of Public Law 109-338; 120 Stat. 1807) is amended to read as follows: ``SEC. 259. FUNDING. ``No Federal funds may be used to carry out this subtitle.''. SEC. 36. NORTHERN RIO GRANDE NHA. Section 209 of the Northern Rio Grande National Heritage Area Act (subtitle A of title II of Public Law 109-338; 120 Stat. 1790) is amended to read as follows: ``SEC. 209. FUNDING. ``No Federal funds may be used to carry out this subtitle.''. SEC. 37. UPPER HOUSATONIC VALLEY NHA. Section 280A of the Upper Housatonic Valley National Heritage Area Act (subtitle F of title II of Public Law 109-338; 120 Stat. 1819) is amended to read as follows: ``SEC. 280A. FUNDING. ``No Federal funds may be used to carry out this subtitle.''. SEC. 38. ABRAHAM LINCOLN NHA. Section 449 of the Consolidated Natural Resources Act of 2008 (Public Law 110-229; 122 Stat. 824) is amended to read as follows: ``SEC. 449. FUNDING. ``No Federal funds may be used to carry out this subtitle.''. SEC. 39. JOURNEY THROUGH HALLOWED GROUND NHA. Section 409 of the Consolidated Natural Resources Act of 2008 (Public Law 110-229; 122 Stat. 809) is amended to read as follows: ``SEC. 409. FUNDING. ``No Federal funds may be used to carry out this subtitle.''. SEC. 40. NIAGARA FALLS NHA. Section 430 of the Consolidated Natural Resources Act of 2008 (Public Law 110-229; 122 Stat. 817) is amended to read as follows: ``SEC. 430. FUNDING. ``No Federal funds may be used to carry out this subtitle.''. SEC. 41. BALTIMORE NHA. Section 8005(h) of the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123 Stat. 1253) is amended to read as follows: ``(h) Funding.--No Federal funds may be used to carry out this section.''. SEC. 42. CACHE LA POUDRE RIVER NHA. Section 8002(h) of the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123 Stat. 1234) is amended to read as follows: ``(h) Funding.--No Federal funds may be used to carry out this section.''. SEC. 43. FREEDOM'S WAY NHA. Section 8006(i) of the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123 Stat. 1260) is amended to read as follows: ``(i) Funding.--No Federal funds may be used to carry out this section.''. SEC. 44. KENAI MOUNTAINS-TURNAGAIN ARM NHA. Section 8010(h) of the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123 Stat. 1287) is amended to read as follows: ``(h) Funding.--No Federal funds may be used to carry out this section.''. SEC. 45. MISSISSIPPI DELTA NHA. Section 8008(h) of the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123 Stat. 1275) is amended to read as follows: ``(h) Funding.--No Federal funds may be used to carry out this section.''. SEC. 46. MISSISSIPPI HILLS NHA. Section 8007(h) of the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123 Stat. 1267) is amended to read as follows: ``(h) Funding.--No Federal funds may be used to carry out this section.''. SEC. 47. MUSCLE SHOALS NHA. Section 8009(i) of the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123 Stat. 1281) is amended to read as follows: ``(i) Funding.--No Federal funds may be used to carry out this section.''. SEC. 48. NORTHERN PLAINS NHA. Section 8004(h) of the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123 Stat. 1246) is amended to read as follows: ``(h) Funding.--No Federal funds may be used to carry out this section.''. SEC. 49. SANGRE DE CHRISTO NHA. Section 8001(h) of the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123 Stat. 1229) is amended to read as follows: ``(h) Funding.--No Federal funds may be used to carry out this section.''. SEC. 50. SOUTH PARK NHA. Section 8003(h) of the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123 Stat. 1240) is amended to read as follows: ``(h) Funding.--No Federal funds may be used to carry out this section.''.

Prohibits the use of federal funding for specified National Heritage Areas, Corridors, and Partnerships and similar areas.

To provide that Federal funds may not be used for National Heritage Areas and similar areas, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Youth Violence Prevention Act of 2001''. TITLE I--EXPANSION OF INSTANT GUN CHECK CAPABILITIES SEC. 101. EXPANSION OF BYRNE PURPOSES. Section 501(b) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3751(b)) is amended-- (1) by redesignating paragraphs (16) through the second paragraph (27) as paragraphs (17) through (30), respectively; and (2) by inserting after paragraph (15) the following: ``(16) developing or expanding a State instant criminal background check system that includes allowing only limited access of the system, regarding the eligibility status of a proposed firearm purchaser (after receiving the purchaser's express authorization), to a person who sells a firearm and is not a licensed dealer;''. SEC. 102. IMPROVEMENT OF CRIMINAL JUSTICE RECORDS. Section 509 of Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3759) is amended by-- (1) in subsection (a), by striking ``5 percent'' and inserting ``6 percent''; and (2) in subsection (b)-- (A) in paragraph (3), by striking ``and'' after the semicolon; (B) in the first paragraph (4), by striking the period and inserting ``; and''; (C) by redesignating the second paragraph (4) that ends with ``1993.''as paragraph (6); and (D) by inserting after the first paragraph (4) the following: ``(5) developing or expanding a State instant criminal background check system that includes allowing only limited access of the system, regarding the eligibility status of a proposed firearm purchaser (after receiving the purchaser's express authorization), to a person who sells a firearm and is not a licensed dealer; and''. TITLE II--NONREFUNDABLE CREDIT FOR PURCHASE OF SAFE STORAGE DEVICES FOR FIREARMS SEC. 201. NONREFUNDABLE CREDIT FOR PURCHASE OF SAFE STORAGE DEVICES FOR FIREARMS. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25A the following new section: ``SEC. 25B. PURCHASE OF SAFE STORAGE DEVICES FOR FIREARMS. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter for a taxable year an amount equal to the qualified firearm safe storage device expenses for the taxable year. ``(b) Lifetime Dollar Limitation.--The aggregate amount of expenses paid by an individual which may be treated as qualified firearm safe storeage device expenses for any taxable year shall not exceed the excess (if any) of-- ``(1) $250, over ``(2) the aggregate amounts treated as qualified firearm safe storeage device expenses with respect to such individual for all prior taxable years. ``(c) Qualified Firearm Safe Storage Device Expense.--For purposes of this section-- ``(1) In general.--The term `qualified firearm safe storage device expense' means amounts paid for a trigger lock, secure locked cabinet, or other safety device used solely for the storeage of a firearm. ``(2) Firearm.--The term `firearm' has the meaning given such term by section 921(a)(3) of title 18, United States Code.''. (b) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25A the following new item: ``Sec. 25B. Purchase of safe storage devices for firearms.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000. TITLE III--HANDGUN CHILD SAFETY LOCKS SEC. 301. PROHIBITION AGAINST MANUFACTURE OF A HANDGUN WITHOUT CHILD SAFETY LOCKS. (a) Prohibition Against Manufacture of Handgun Without Child Safety Lock Attached.-- (1) Prohibition.--It shall be unlawful for any person, in or affecting commerce, to manufacture a handgun in the United States, unless a child safety lock which meets the requirement of subsection (b) is attached to, or is an integral part of, the firearm. (2) Penalties.--The Secretary shall impose a civil fine of $5,000 on any person who violates paragraph (1). (b) Child Safety Lock Requirements.--A lock meets the requirements of this subsection if the lock, while activated or attached to the firearm, prevents the firearm from being discharged. (c) Judicial Review.--Not later than 60 days after an individual receives notice from the Secretary of a decision to impose a fine on the individual under this section, the individual may bring an action against the Secretary in any United States district court for de novo review of the decision. (d) Inapplicability to Governmental Entities.--Subsection (a) shall not apply to conduct of, or authorized by, the United States or any department or agency thereof, or any State or any department, agency, or political subdivision thereof. (e) Definitions.--As used in this section, the terms ``State'', ``handgun'', and ``Secretary'' shall have the meanings given such terms in section 921(a) of title 18, United States Code. TITLE IV--CHILD FIREARM ACCESS PREVENTION SEC. 401. CHILDREN AND FIREARMS SAFETY. (a) Prohibition and Penalties.--Section 922 of title 18, United States Code, is amended by inserting after subsection (y) the following: ``(z) Prohibition Against Giving Juveniles Access to Certain Firearms.-- ``(1) Definition of juvenile.--In this subsection, the term `juvenile' means an individual who has not attained the age of 18 years. ``(2) Prohibition.--Except as provided in paragraph (3), any person that-- ``(A) keeps a loaded firearm, or an unloaded firearm and ammunition for the firearm, any of which has been shipped or transported in interstate or foreign commerce or otherwise substantially affects interstate or foreign commerce, within any premise that is under the custody or control of that person; and ``(B) knows, or reasonably should know, that a juvenile is capable of gaining access to the firearm without the permission of the parent or legal guardian of the juvenile, shall, if a juvenile obtains access to the firearm and thereby causes death or bodily injury to the juvenile or to any other person, or exhibits the firearm either in a public place, or in violation of subsection (q), be imprisoned not more than 1 year, fined not more than $10,000, or both. ``(3) Exceptions.--Paragraph (2) does not apply if-- ``(A) the person uses a secure gun storage or safety device for the firearm; ``(B) the person is a peace officer, a member of the Armed Forces, or a member of the National Guard, and the juvenile obtains the firearm during, or incidental to, the performance of the official duties of the person in that capacity; ``(C) the juvenile obtains, or obtains and discharges, the firearm in a lawful act of self-defense or defense of 1 or more other persons; ``(D) the person has no reasonable expectation, based on objective facts and circumstances, that a juvenile is likely to be present on the premises on which the firearm is kept; or ``(E) the juvenile obtains the firearm as a result of unlawful entry by the juvenile.''. (b) Role of Licensed Firearms Dealers.--Section 926 of title 18, United States Code, is amended by adding at the end the following: ``(d) The Secretary shall ensure that a copy of section 922(z) appears on the form required to be obtained by a licensed dealer from a prospective transferee of a firearm.''. (c) No Effect on State Law.--Nothing in this section or the amendments made by this section shall be construed to preempt any provision of the law of any State, the purpose of which is to prevent children from injuring themselves or others with firearms.

Youth Violence Prevention Act of 2001- Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the use of drug control (Byrne) grants to develop or expand a State instant criminal background check system that includes allowing a person who sells a firearm and who is not a licensed dealer only limited access of the system regarding the eligibility status of a proposed firearm purchaser.Amends the Internal Revenue Code to allow a non-refundable personal credit against Federal income tax for qualified firearm safe storage device expenses for a taxable year.Prohibits the manufacture of a handgun in the United States unless a child safety lock is attached to, or is an integral part of, the firearm. Requires the Secretary of the Treasury to impose a civil fine of $5,000 for violations.Amends the Brady Handgun Violence Prevention Act to subject any person who keeps a loaded firearm, or an unloaded firearm and ammunition, within any premise under such person's control and who knows that a juvenile is capable of gaining access to the firearm without the permission of the parent or legal guardian, to one year's imprisonment and a $10,000 fine if a juvenile obtains access and causes death or bodily injury or illegally exhibits the firearm in a public place or school zone.

To allow States to develop or expand instant gun checking capabilities, to allow a tax credit for the purchase of safe storage devices for firearms, to promote the fitting of handguns with child safety locks, and to prevent children from injuring themselves and others with firearms.

SECTION 1. FINDINGS. Congress finds that-- (1) methyl bromide is a highly effective fumigant used to control insects, nematodes, weeds, and pathogens in more than 100 crops in domestic agriculture, in forest and ornamental nurseries, and in wood products; (2) the United States Department of Agriculture has spent well over $100,000,000 attempting to find effective alternatives to methyl bromide yet there are still many domestic agriculture uses with no alternatives; (3) the critical use exemption of the Montreal Protocol allows for the use of ozone depleting substances beyond the phase-out date if there are no technically and economically feasible alternatives or substitutes available and the lack of such options would result in a significant market disruption; (4) accordingly, in 2001, the United States Environmental Protection Agency and the United States Department of Agriculture began the process under the Montreal Protocol to document the amount of methyl bromide needed for critical uses in domestic agriculture; (5) the United States Environmental Protection Agency assembled more than 45 Ph.D.s and other qualified reviewers with expertise in both biological and economic issues to review applications for methyl bromide critical use exemptions; (6) rigorous review by the United States Environmental Protection Agency of the critical use applications reduced by 22 percent the amount of methyl bromide initially requested by agricultural sectors; and (7) as confirmed by the Parties to the Montreal Protocol in the ``Report of the Sixteenth Meeting of the Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer'', the concept of ``availability'' in the context of the critical use exemptions shall be primarily guided by the alternative's market presence in sufficient quantities and accessibility, taking into account, among other things, regulatory constraints; (8) after extensive research and technical review, the United States State Department and the United States Environmental Protection Agency have concluded that the critical use methyl bromide that has been requested qualifies as ``critical'' since it has been determined that for each use the lack of availability of methyl bromide for that use would result in a significant market disruption; (9) after extensive research and technical review, the United States State Department and the United States Environmental Protection Agency have concluded that there are no technically and economically feasible alternatives or substitutes available that are acceptable from the standpoint of the environment and health and that are suitable to the crops and circumstances for the critical use methyl bromide that has been requested in the nomination; (10) the conclusions of the United States State Department and the United States Environmental Protection Agency are consistent with the restatement adopted at the Sixteenth Meeting of the Parties to the Montreal Protocol of the criteria that should be used to approve critical use requests; (11) the United States 2006 CUE request represents approximately .4 percent of the ozone depletion potential from all ozone depleting substances in all countries when the Montreal Protocol was negotiated in 1987; (12) therefore, given the statistically minor impact on the ozone layer and the lack of suitable feasible alternatives for all uses at this time, legislation is needed in order to ensure a reasonable transition for United States agriculture to the complete phase-out of methyl bromide, legislation is necessary to authorize the critical use exemption amounts identified by the State Department for the year 2006, as reflected in the Report of the Sixteenth Meeting of the Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer, Decision XVI/2, Critical Use Exemptions Annex, Section IIA, IIB, and Section III, and for the year 2007, as reflected in the Report of the First Extraordinary Meeting of the Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer, Annex III. SEC. 2. CRITICAL USE EXEMPTIONS FOR METHYL BROMIDE. Section 604(d)(6) of the Clean Air Act (42 U.S.C. 7671c(d)(6)) is amended by inserting the following at the end thereof: ``For the year 2006, the United States critical use exemption shall be the sum of the amounts identified in Decision XVI/2, Annex (Critical Use Exemptions), Section IIA and Section III of the Parties to the Montreal Protocol as set forth in Table I and, for the year 2007, the amount identified in submissions of the United States State Department at the first Extraordinary Meeting of the Parties to the Montreal Protocol as set forth in Table I. The United States critical use exemptions for the years 2006 and 2007 established by this section shall not be subject to the conflict provision of section 614(b) of this Act. The Administrator shall issue a final rule within 90 days of the enactment of this sentence to authorize critical-use exemptions of the amounts listed in Table 1 below and to allocate these amounts for critical-use exemptions for each of the years 2006 and 2007. ``Critical Use Exemptions ------------------------------------------------------------------------ Critical Use Exemption 2006: Critical Use Exemption 2007: ------------------------------------------------------------------------ The amount approved by the Parties to the The amount submitted for the Montreal Protocol (6897.68 tonnes) year 2007 by the U.S. State recorded in Decision XVI, Annex (Critical Department at the first Use Exemptions), Section IIA, and the Extraordinary Meeting of amount approved in the interim by the the Parties to the Montreal Parties to the Montreal Protocol Protocol (8425 tonnes) (2194.583 tonnes) recorded in the recorded in the Report of Sixteenth Meeting of the Parties to the the First Extraordinary Montreal Protocol on Substances that Meeting of the Parties to Deplete the Ozone Layer, Critical Use the Montreal Protocol on Exemptions Annex, Section III, for a Substances that Deplete the total of 9092.263 tonnes Ozone Layer, Annex III, Appendix I)''. ------------------------------------------------------------------------

Amends the Clean Air Act to establish critical use exemptions for methyl bromide for 2006 and 2007, incorporating critical use exemptions approved by the Parties to the Montreal Protocol and submitted by the U.S. State Department at the first Extraordinary Meeting of the Parties to the Montreal Protocol.

To amend the Clean Air Act to authorize critical use exemption amounts for methy bromide as identified by the United States State Department for the years 2006 and 2007, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stark Administrative Simplification Act of 2015''. SEC. 2. ALTERNATIVE SANCTIONS FOR TECHNICAL NONCOMPLIANCE WITH STARK RULE UNDER MEDICARE. Section 1877(g) of the Social Security Act (42 U.S.C. 1395nn(g)) is amended-- (1) in paragraph (1), by striking ``No'' and inserting ``Subject to paragraph (7), no''; (2) in paragraph (2), by striking ``If'' and inserting ``Subject to paragraph (7), if''; (3) in paragraph (3), by striking ``Any'' and inserting ``Subject to paragraph (7), any''; and (4) by adding at the end the following new paragraph: ``(7) Alternative sanctions for technical noncompliance.-- ``(A) Single penalty for compensation arrangements in technical noncompliance.--In the case of a compensation arrangement between a physician (or an immediate family member of such physician) and a person or entity that is in violation of subsection (a)(1) solely due to technical noncompliance, instead of the sanctions described in paragraphs (1), (2), and (3) for any such violation, the person or entity with respect to such arrangement shall be subject to a single civil monetary penalty under this paragraph in an amount that does not exceed-- ``(i) in the case where the disclosure of the violation is submitted to the Secretary not later than the date that is one year after the initial date of noncompliance, $5,000; and ``(ii) in the case where the disclosure of the violation is submitted to the Secretary after the date that is one year after the initial date of noncompliance, $10,000. ``(B) Acceptance of voluntary disclosures.-- ``(i) In general.--Effective on the date of the enactment of this paragraph, the Secretary shall accept the voluntary disclosure of a technically noncompliant compensation arrangement if such voluntary disclosure is made as described in clause (iii). The Secretary may accept and reasonably rely on information provided by a person or entity that is in violation of subsection (a)(1) only because of a compensation arrangement that is technically noncompliant. ``(ii) Acceptance of disclosure.--The Secretary may reject any voluntary disclosure submitted under clause (iii) within 90 days after the receipt of the disclosure only if the Secretary determines that the disclosure does not conform to the requirements described in clause (iii). If the Secretary fails to reject a voluntary disclosure within such 90-day period, the voluntary disclosure is deemed to be accepted. ``(iii) Voluntary disclosure.--A voluntary disclosure described in this clause, with respect to a compensation arrangement, is a disclosure submitted to the Secretary, by a party to such arrangement that contains the following: ``(I) The identification of the disclosing party and all other parties to the disclosed compensation arrangement. ``(II) A description of the compensation paid under the arrangement and the dates of noncompliance. ``(III) A certification by the disclosing party that the compensation arrangement-- ``(aa) is technically noncompliant (as defined by subparagraph (C)); ``(bb) has been cured of the technical noncompliance, or is otherwise terminated; and ``(cc) is, in the case of technical noncompliance under subparagraph (C)(i), a valid contract under State law, an arrangement consistent with fair market value, and one in which remuneration under the arrangement is not determined in a manner that takes into account directly or indirectly the volume or value of any referrals. ``(IV) Payment for the full amount of the civil monetary penalty under clause (i) or (ii), as applicable, of subparagraph (A). ``(C) Definition technical noncompliance.--For purposes of this paragraph, the term `technical noncompliance' means an arrangement that is in violation of subsection (a)(1) only because-- ``(i) the arrangement is not set forth in writing; ``(ii) the arrangement is not signed by 1 or more parties to the arrangement; or ``(iii) a prior arrangement expired and services continued without the execution of an amendment to such arrangement or a new arrangement. ``(D) Applicability to pre-enactment disclosures to relieve backlog.--The Secretary shall provide for the application of this paragraph to any technically noncompliant compensation arrangement that has been disclosed, and to which there has not been a final settlement as of the date of enactment of this paragraph. ``(E) Report.--Not later than 24 months after the date of enactment of this paragraph, the Inspector General of the Department of Health and Human Services shall submit to Congress a report on the implementation of this paragraph. Such report shall include-- ``(i) the number of persons or entities making disclosures of technical noncompliance under this paragraph; ``(ii) the amount and type of alternative sanctions collected or imposed for technical noncompliance; ``(iii) the types of violations disclosed; and ``(iv) such other information as the Inspector General determines may be necessary to evaluate the impact of this paragraph.''.

Stark Administrative Simplification Act of 2015 Amends title XVIII (Medicare) of the Social Security Act to prescribe a single civil monetary penalty as an alternative sanction to those already established for compensation arrangements between a physician (or an immediate family member) and a person or entity that is in violation of the limitation on certain physician referrals (Stark Law) solely due to technical noncompliance. (The Stark law, or Stark Rule, prohibits physician referrals of certain health services for Medicare and Medicaid patients to a specified entity if the physician, or an immediate family member, has a financial relationship with that entity.) Requires the Secretary of Health and Human Services to accept the voluntary disclosure of a technically noncomplaint compensation arrangement by a person or entity in violation of the Stark Law under certain circumstances.

Stark Administrative Simplification Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Our Security Through Utilizing Right-Sized End-Strength Act of 2016'' or the ``POSTURE Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The first function of Government is to secure its people and their rights. The United States is blessed that countless men and women have done so by serving in the Armed Forces, which consists of the Army, Navy, Marine Corps, Air Force, and Coast Guard. (2) History has shown that sufficient Land Forces are critical to the security of the American people and their rights and to assure United States allies, deter aggression, shape security environments, and win wars. Furthermore, Land Forces have been proven to be essential to consolidate gains and achieve sustainable outcomes. (3) The Land Forces of the United States are comprised of the Army (Active Army, Army Reserve, and Army National Guard) and the Marine Corps (Active Marine Corps and Marine Corps Reserve). (4) On the day before September 11, 2001, the Land Forces of the United States included 1,036,601 Soldiers and 212,744 Marines. Broken down by component, that included 480,801 Soldiers in the Active Army, 205,300 Soldiers in the Army Reserve, 350,500 Soldiers in the Army National Guard, 172,934 Marines in the Active Marine Corps, and 39,810 Marines in the Marine Corps Reserve. (5) At the height of the Global War on Terrorism, the Land Forces of the United States included 1,138,907 Soldiers and 242,558 Marines. Broken down by component, that included 570,000 Soldiers in the Active Army, 206,892 Soldiers in the Army Reserve, 362,015 Soldiers in the Army National Guard, 202,786 Marines in the Active Marine Corps, and 39,772 Marines in the Marine Corps Reserve. (6) For fiscal year 2016, authorizations for the Land Forces of the United States include 1,015,000 Soldiers and 222,900 Marines. Broken down by component, that includes 475,000 Soldiers in the Active Army, 198,000 Soldiers in the Army Reserve, 342,000 Soldiers in the Army National Guard, 184,000 Marines in the Active Marine Corps, and 38,900 Marines in the Marine Corps Reserve. (7) The drawdown of the Land Forces of the United States is planned to continue through fiscal year 2018, when end strength will be approximately 970,000 Soldiers and 220,500 Marines. Broken down by component, that will be 450,000 Soldiers in the Active Army, approximately 195,000 Soldiers in the Army Reserve, approximately 335,000 Soldiers in the Army National Guard, 182,000 Marines in Active Marine Corps, and 38,500 Marines in the Marine Corps Reserve. (8) In Europe, forward-stationed Army forces have been reduced from over 215,000 at the time of the fall of the Berlin Wall to the current level of under 30,000, jeopardizing the United States strategic capability to deter adversaries by conventional force and the North Atlantic Treaty Organization's capability to rapidly respond to Russian aggression against its front-line member states. (9) The Administration has enacted this policy of reducing the end strength of United States Land Forces based on security analysis and expectations of future force capabilities contained in the 2012 Defense Strategic Guidance, the 2013 Strategic Choices and Management Review (SCMR), and the 2014 Quadrennial Defense Review (QDR), which included the following: (A) Ending the wars in Iraq and Afghanistan by ``transitioning out of Iraq and drawing down in Afghanistan''. (B) ``Building a closer relationship'' with Russia and assuming that ``most European countries are now producers of security rather than consumers of it''. (C) No longer sizing United States Armed Forces ``to conduct large-scale, prolonged stability operations''. (D) ``Increasing reliance on our allies and partners'' to compensate for ``reductions in our capacity''. (E) Emphasizing an ability to regenerate capabilities and the use of innovation and technology to compensate for a smaller force. (10) Given developments over the past several years, the assumptions about the security environment are outdated and, unfortunately, proven flawed. (11) The United States, its allies, and their partners face new threats, including the following: (A) A civil war in Syria, triggering a humanitarian crisis and destabilizing the entire region. (B) The rise of the Islamic State which has taken control of large swaths of territory in Syria and Iraq and has more ambitious global goals, including stated intentions of additional direct attacks against the United States and United States allies, both at home and abroad. (C) Iran, which has continued its bellicose rhetoric and support for terrorist activities throughout the Middle East. (D) A resurgent Russia that annexed Crimea, invaded Ukraine, and is now conducting military operations in Syria, with its posture and actions causing concern to NATO allies. (E) The continued military build-up by China and its actions in the South China Sea, which have raised concerns among nations in the Pacific and across the world. (F) A provocative and unpredictable North Korea that has escalated tensions throughout the Pacific and beyond and expanded its nuclear capability. (12) In response to these developments, short notice deployments of United States Land Forces have increased across the globe, including the following: (A) To address a resurgent Russia, the Army deployed forces in various locations in Eastern Europe to assure NATO allies and to help train, assist, and assure their armed forces as well as sent forces to Ukraine to train and equip their armed forces. (B) To address the rise of the Islamic State, the Army deployed forces to Iraq to train and assist their armed forces. (C) To address a resurgent Taliban in Afghanistan, scheduled redeployments of United States Land Forces were altered and these forces are now expected to remain in Afghanistan for the foreseeable future. (D) To help stabilize troubled areas across the globe, including Southeast Asia and Africa, the Marine Corps and Army have deployed to conflict-scarred countries such as Cambodia. (E) To address unique threats and to build partner capacity across the globe, United States Joint Special Operations Forces continue to constantly deploy worldwide. (F) To address widespread and destabilizing natural disasters, including the Indian Ocean earthquake and tsunami in 2004, the earthquake in Haiti in 2010, the tsunami in Japan in 2011, the Ebola outbreak in West Africa in 2014, and the earthquake in Nepal in 2015, the Army and Marine Corps continue to deploy on short notice across the globe. (13) Furthermore, the assumptions about the future purpose, use, and capability of the Land Forces have also been disputed: (A) The 2014 National Defense Panel concluded that the 2014 QDR's ``reduction in Army end strength goes too far.''. (B) The National Commission on the Future of the Army found the following: (i) ``Because PB16 (FY2016 President's Budget) does not address the escalation of threats to global stability and national security, it is, at best, on the low end of needed resources'' (Page 43). (ii) ``. . . this force size provides only limited ability to react to unforeseen circumstances'' (Page 51). (iii) ``Using directed planning assumptions and with its planned fiscal year 2017 force, the Army is, in fact, neither sized nor shaped for conducting any kind of large-scale, long- duration mission at acceptable risk'' (Page 52). (14) A comprehensive and holistic view of the Land Forces of the United States is necessary. In particular, previous assumptions about the deployment and use of reserve components no longer apply. For example, more than 600,000 members of the reserve components have been deployed since September 11, 2001. Beyond these missions conducted pursuant to the authority of title 10 of the United States Code, these forces are also responsible for all homeland defense and critical defense support to civil authority missions under title 32 of the United States Code during times of crisis response and natural disaster relief. For these reasons, the reserve components of the Land Forces are a critical piece to the overall mission of the total force. (15) Finally, senior leaders in the United States military have expressed concern regarding the current and future reductions in the end strength of the Land Forces of the United States, including the following: (A) Then-Chairman of the Joints Chiefs of Staff, General Martin Dempsey, wrote in his risk assessment accompanying the 2014 QDR that the current defense strategy ``takes risk in the capacity of . . . land forces''. (B) The current Chief of Staff of the Army, General Mark Milley disputed many of the assumptions described in finding eight in an address before the Association of the United States Army, including that ``wars of the future will be short'', ``wars can be won through the use of advanced technologies'', ``allies and partners can provide capable land forces in sufficient scale'', and ``armies are easy to regenerate''. (C) The current commander of United States European Command, General Philip Breedlove, testified before the House Appropriations Committee's Subcommittee on Defense that ``virtual presence means actual absence. . . . Further reductions of both infrastructure and forces will reduce our access to key strategic locations during times of crisis''. (D) The former Commandant of the Marine Corps, General James Amos, testified at a hearing before the Senate Armed Services Committee that ``we are headed towards a force in not too many years that will be hollow back home and not ready to deploy . . . there would be no rotational relief like we had in Iraq and Afghanistan''. (E) The former commander of United States European Command, Admiral James Stavridis, recently stated that ``we're still at war . . . actively involved on multiple continents in real combat operations. We should not be drastically reducing our troop levels.''. SEC. 3. SENSE OF CONGRESS. Given the volatile, uncertain, and ambiguous world and the need for trained and ready Land Forces of the United States, in conjunction with joint and multinational forces, to deter threats, shape the international security environment, respond to emergent situations and crises, and, if necessary, to fight and win the Nation's wars, it is the sense of Congress that the planned drawdown of Land Forces should be immediately stopped. SEC. 4. FISCAL YEAR 2016 END-STRENGTH LEVELS FOR LAND FORCES OF THE UNITED STATES. (a) Active Forces.-- (1) Army.--The authorized end strength for Army active duty personnel as of September 30, 2016, is 480,000. (2) Marine corps.--The authorized end strength for Marine Corps active duty personnel as of September 30, 2016, is 184,000. (b) Selected Reserve.-- (1) Army reserve components.--The authorized end strength for Selected Reserve personnel of the Army reserve components as of September 30, 2016, are as follows: (A) The Army National Guard of the United States, 350,000. (B) The Army Reserve, 205,000. (2) Marine corps reserve.--The authorized end strength for Selected Reserve personnel of the Marine Corps Reserve as of September 30, 2016, is 38,900. SEC. 5. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH MINIMUM LEVELS. Section 691(b) of title 10, United States Code, is amended by striking paragraphs (1) through (4) and inserting the following: ``(1) For the Army, 480,000. ``(2) For the Navy, 329,200. ``(3) For the Marine Corps, 184,000. ``(4) For the Air Force, 317,000.''. SEC. 6. STATEMENT OF POLICY. It is policy of the United States to pursue and maintain peace through strength. Therefore, any proposal to lower the end strength levels established by this Act and the amendments made by this Act must first be approved by Congress through the enactment of a law to that effect.

Protecting Our Security Through Utilizing Right-Sized End-Strength Act of 2016 or the POSTURE Act This bill expresses the sense of Congress that given the uncertain world and the need for trained and ready U.S. land force, the planned drawdown of land forces should be stopped. The bill sets forth: FY2016 Army, Marine Corps, and Selected Reserve strength levels; and Army, Navy, Marine Corps, and Air Force permanent active duty end strength minimum levels. Any proposal to lower the end strength levels established by this Act must first be approved by Congress through enactment of a law to that effect.

POSTURE Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fiscal Responsibility and Retirement Security Act''. SEC. 2. REVIEW AND APPROVAL BY LAW OF DESIGNATION OF CLASS INDEPENDENCE BENEFIT PLAN. Title XXXII of the Public Health Service Act, as added by section 8002(a) of the Patient Protection and Affordable Care Act (Public Law 111-148), is amended-- (1) in section 3203(a)-- (A) in paragraph (3), in the second sentence, by inserting ``and shall submit to Congress a report containing such designation, details, and reasons'' after ``public comment''; and (B) by adding at the end the following new paragraph: ``(4) Approval by law of designation.--No premiums may be deducted from an individual's wages or otherwise collected under section 3204(e) unless there is enacted into law, in accordance with section 3211(a), a joint resolution approving the designation of the CLASS Independence Benefit Plan by the Secretary under paragraph (3).''; and (2) by adding at the end the following new section: ``SEC. 3211. PROCEDURAL REQUIREMENTS FOR APPROVAL BY LAW OF DESIGNATION OF CLASS INDEPENDENCE BENEFIT PLAN. ``(a) In General.--For purposes of paragraph (4) of section 3203(a), the following shall apply: ``(1) Receipt of reports.--It shall not be in order in the Senate or in the House of Representatives to consider a joint resolution described in such paragraph unless the Senate or the House of Representatives, respectively, has received, not fewer than 60 days prior to such consideration-- ``(A) the report of the Secretary described in section 3203(a)(3); and ``(B) the report of the Chief Actuary of the Centers for Medicare & Medicaid Services described in paragraph (2). ``(2) Report of cms chief actuary.--Not later than 60 days after the Secretary designates the CLASS Independence Benefit Plan under section 3203(a)(3), the Chief Actuary of the Centers for Medicare & Medicaid Services shall submit to Congress a report on the long-term actuarial soundness of the CLASS Independence Benefit Plan. Such report shall include-- ``(A) an estimate of the average premium per enrollee per year that will be required to ensure that the CLASS Independence Fund will be actuarially sound over the 75-year period beginning with the fiscal year in which such report is submitted; and ``(B) an estimate of the average amount of benefits that will be paid per enrollee per year over such period. ``(3) Joint resolution defined.--The term `joint resolution' means only a joint resolution, the matter after the resolving clause of which is as follows: `That Congress approves of the CLASS Independence Benefit Plan designated by the Secretary of Health and Human Services under section 3203(a)(3) of the Public Health Service Act.'. Such term does not include a resolution that specifies more than one action. ``(b) Exercise of the Rulemaking Power of Each House.--Subsection (a) is enacted by Congress-- ``(1) as an exercise of the rulemaking power of the Senate and the 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 joint resolution under such 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.''. SEC. 3. REQUIRED NOTICE PRIOR TO ENROLLMENT. Section 3204(a) of the Public Health Service Act, as added by section 8002(a) of the Patient Protection and Affordable Care Act (Public Law 111-148), is amended by adding at the end the following new paragraph: ``(4) Required notice prior to enrollment.-- ``(A) In general.--An employer may not enroll an employee in the CLASS program under paragraph (1) unless, prior to enrolling the employee, the employer-- ``(i) has provided to the employee the exact statements described in subparagraph (C) in a single written notice that displays such statements in the order in which they are set forth in such subparagraph; and ``(ii) certifies to the Secretary that the individual has received such notice. ``(B) Enrollment other than by employer.--In the case of an individual seeking to enroll in the CLASS program other than through enrollment by the individual's employer under paragraph (1), the Secretary shall not permit the individual to enroll unless, prior to the individual's enrollment, the Secretary has provided to the individual the exact statements described in subparagraph (C) in a single written notice that displays such statements in the order in which they are set forth in such subparagraph and the individual has acknowledged in writing the receipt of such notice. ``(C) Statements described.--The statements described in this subparagraph are the following: ``(i) The Chief Actuary of the Centers for Medicare & Medicaid Services made the following assessment in April 2010 regarding the CLASS program: `In general, voluntary, unsubsidized, and non-underwritten insurance programs such as CLASS face a significant risk of failure as a result of adverse selection by participants. Individuals with health problems or who anticipate a greater risk of functional limitation would be more likely to participate than those in better-than-average health. . . . [T]here is a very serious risk that the problem of adverse selection will make the CLASS program unsustainable.'. ``(ii) The Chief Actuary estimated in April 2010 that the CLASS program will likely begin to run deficits in 2025 and continue to run deficits thereafter. ``(iii) The Chief Actuary further estimated in April 2010 that an initial average premium level of about $240 per month would be required to adequately fund CLASS program costs. ``(iv) The Federal Government will collect more than $70 billion in CLASS program premiums from 2012 through 2019, according to an estimate of the Congressional Budget Office in March 2010. Although these premiums are credited as IOUs or United States Government securities in a `CLASS Independence Fund,' the money, itself, is used to pay for other Government expenses, including other programs under the health care law enacted in March 2010 that are unrelated to the CLASS program. There is no separate pool of money set aside to pay CLASS program benefits, and workers and retirees could be required to repay these IOUs in the form of higher taxes. ``(v) Under section 3212 of the Public Health Service Act, the CLASS program will terminate immediately if an annual report of the Board of Trustees of the Class Independence Fund indicates that the CLASS program will not be actuarially sound over the 75-year period beginning with the fiscal year in which the report is submitted.''. SEC. 4. NO COLLECTION OF PREMIUMS PENDING PROMULGATION OF FINAL REGULATIONS. Section 3208(c) of the Public Health Service Act, as added by section 8002(a) of the Patient Protection and Affordable Care Act (Public Law 111-148), is amended-- (1) by striking ``The Secretary'' and inserting the following: ``(1) In general.--The Secretary''; and (2) by adding at the end the following new paragraph: ``(2) No collection of premiums pending promulgation of final regulations.--No premiums may be deducted from an individual's wages or otherwise collected under section 3204(e) before the Secretary has promulgated, in final form-- ``(A) the regulations described in section 3202(6)(C); ``(B) the rule described in section 3203(a)(3); and ``(C) the regulations described in paragraph (1).''. SEC. 5. TERMINATION OF PROGRAM IF CLASS INDEPENDENCE FUND ACTUARIALLY UNSOUND. Title XXXII of the Public Health Service Act, as amended by section 2, is further amended by adding at the end the following new section: ``SEC. 3212. TERMINATION OF PROGRAM IF CLASS INDEPENDENCE FUND ACTUARIALLY UNSOUND. ``(a) In General.--If the Board of Trustees of the CLASS Independence Fund submits to Congress the report described in subsection (b) (relating to the actuarial unsoundness of the CLASS Independence Fund)-- ``(1) no individual shall be enrolled under section 3204(a) in the CLASS program after the date of the submission of the report; ``(2) no premiums shall be deducted from an individual's wages or otherwise collected under section 3204(e) after such date; ``(3) no benefits shall be provided under section 3205(c) after such date; ``(4) the Secretary shall refund any amount remaining in the CLASS Independence Fund (established under section 3206(a)) on such date, according to the process described in subsection (c), and send notification to the Secretary of the Treasury when the refund is complete; ``(5) in the case of notification under paragraph (4), the CLASS Independence Fund and the Board of Trustees of the CLASS Independence Fund (established under section 3206(c)(1)) shall be abolished as of the date of such notification; ``(6) the CLASS Independence Advisory Council (established under section 3207(a)) is abolished as of the date of the submission of the report; ``(7) the Secretary shall take such other steps as the Secretary considers necessary to terminate the CLASS program; ``(8) in lieu of the annual report required by section 3208(d), the Secretary shall submit to Congress a quarterly report on the status of the termination of the CLASS program in accordance with this section, until such time as the Secretary indicates in such a report that the program has been completely terminated; and ``(9) in lieu of the annual report required by section 3209, the Inspector General of the Department of Health and Human Services shall submit to Congress a quarterly report on the Secretary's progress in terminating the CLASS program in accordance with this section, including the existence of any waste, fraud, or abuse in connection with the termination activities, until such time as the Inspector General indicates in such a report that the program has been completely terminated. ``(b) Report of Unsoundness.--The report described in this subsection is a report under subparagraph (A)(ii) of section 3206(c)(2) that contains a statement described in subparagraph (B)(i)(III) of such section that indicates that the CLASS Independence Fund is projected to be actuarially unsound over the 75-year period beginning with the fiscal year in which such report is submitted. ``(c) Refund of Amount in CLASS Independence Fund.--The refund process described in this subsection is the following: ``(1) In general.--Not later than 180 days after the date of the submission of the report described in subsection (b), subject to paragraph (2), the Secretary shall pay to each individual enrolled in the CLASS program on the date of the submission of such report an amount from the CLASS Independence Fund equal to the difference of-- ``(A) the total amount such respective individual paid in premiums as of such date under the CLASS program; and ``(B) the lesser of-- ``(i) the total amount of benefits described in section 3205(b) received as of such date by such individual under the program; or ``(ii) the amount described in subparagraph (A). ``(2) Insufficient or excess funds.-- ``(A) Insufficient funds.--If the amount remaining in the CLASS Independence Fund on the date of the submission of the report described in subsection (b) is insufficient to make the refund described in paragraph (1), the Secretary shall pay to each individual enrolled in the CLASS program on such date an amount that bears the same ratio to the amount remaining in the CLASS Independence Fund on such date as the amount determined under such paragraph for such respective individual bears to the sum obtained by adding each amount obtained by applying such paragraph to each such individual. ``(B) Excess funds.--If an amount remains in the CLASS Independence Fund after the Secretary makes the refund described in paragraph (1), such amount shall be transferred to the general fund of the Treasury. ``(d) Funds in Life Independence Accounts Retained by Enrollees.-- Notwithstanding the termination of the CLASS program under subsection (a), an individual who has funds remaining in a Life Independence Account established by the Secretary for such individual under subparagraph (A) of section 3205(c)(1) may continue to use such funds for the purposes described in subparagraph (B) of such section.''. SEC. 6. CONFORMING AMENDMENTS. Title XXXII of the Public Health Service Act, as amended by sections 2 and 5, is further amended-- (1) in section 3204-- (A) in subsection (a)(1), by striking ``paragraph (2)'' and inserting ``paragraphs (2) and (4)''; and (B) in subsection (e)-- (i) in paragraph (1), by striking ``An amount'' and inserting ``Subject to sections 3203(a)(4), 3208(c)(2), and 3212(a)(2), an amount''; and (ii) in paragraph (2), by striking ``The Secretary'' and inserting ``Subject to sections 3203(a)(4), 3208(c)(2), and 3212(a)(2), the Secretary''; (2) in section 3208(d), in the first sentence, by striking ``Beginning January 1'' and inserting ``Subject to section 3212(a)(8), beginning January 1''; and (3) in section 3209, in the first sentence, by striking ``The Inspector General'' and inserting ``Subject to section 3212(a)(9), the Inspector General''.

Fiscal Responsibility and Retirement Security Act - Amends the Public Health Service Act, as amended by the Patient Protection and Affordable Care Act, to require congressional approval of the designation by the Secretary of Health and Human Services (HHS) of a benefit plan as the CLASS Independence Benefit Plan under the CLASS program (a national, voluntary insurance program for purchasing community living assistance services and supports). Sets forth procedures for such congressional approval by joint resolution. Prohibits an employer from enrolling an employee in the CLASS program without providing specified notice to the employee, which includes: (1) the significant risk of failure of such a program; (2) information on deficits that the program is expected to run; (3) a statement that there is no separate pool of money set aside to pay the CLASS program benefits; and (4) an explanation of the immediate termination of the program if it is reported to be actuarially unsound. Prohibits premiums from being collected before the Secretary has promulgated the required regulations in final form. Terminates such program if the report by the Board of Trustees of the CLASS Independence Fund indicates that the Fund is projected to be actuarially unsound over the 75-year period beginning with the fiscal year in which such report is submitted. Establishes a refund process.

To amend title XXXII of the Public Health Service Act to require review and approval by law prior to collection of premiums under the CLASS program, to require notice to individuals prior to enrollment, and to require termination of the program in the event of actuarial unsoundness, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Commission on Natural Catastrophe Risk Management and Insurance Act of 2007''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Establishment. Sec. 4. Membership. Sec. 5. Duties of the Commission. Sec. 6. Report. Sec. 7. Powers of the Commission. Sec. 8. Commission personnel matters. Sec. 9. Termination. Sec. 10. Authorization of appropriations. SEC. 2. FINDINGS. Congress finds that-- (1) Hurricanes Katrina, Rita, and Wilma, which struck the United States in 2005, caused, by some estimates, in excess of $200,000,000,000 in total economic losses; (2) many meteorologists predict that the United States is in a period of increased hurricane activity; (3) the Federal Government and State governments have provided billions of dollars to pay for losses from natural catastrophes, including hurricanes, earthquakes, volcanic eruptions, tsunamis, tornados, flooding, wildfires, droughts, and other natural catastrophes; (4) many Americans are finding it increasingly difficult to obtain and afford property and casualty insurance coverage; (5) some insurers are not renewing insurance policies, are excluding certain risks, such as wind damage, and are increasing rates and deductibles in some markets; (6) the inability of property and business owners in vulnerable areas to obtain and afford property and casualty insurance coverage endangers the national economy and public health and safety; (7) almost every State in the United States is at risk of a natural catastrophe, including hurricanes, earthquakes, volcanic eruptions, tsunamis, tornados, flooding, wildfires, droughts, and other natural catastrophes; (8) building codes and land use regulations play an indispensable role in managing catastrophe risks, by preventing building in high risk areas and ensuring that appropriate mitigation efforts are completed where building has taken place; (9) several proposals have been introduced in Congress to address the affordability and availability of natural catastrophe insurance across the United States, but there is no consensus on what, if any, role the Federal Government should play; and (10) an efficient and effective approach to assessing natural catastrophe risk management and insurance is to establish a nonpartisan commission to study the management of natural catastrophe risk, and to require such commission to timely report to Congress on its findings. SEC. 3. ESTABLISHMENT. There is established a nonpartisan Commission on Natural Catastrophe Risk Management and Insurance (in this Act referred to as the ``Commission''). SEC. 4. MEMBERSHIP. (a) Appointment.--The Commission shall be composed of 16 members, of whom-- (1) 2 members shall be appointed by the majority leader of the Senate; (2) 2 members shall be appointed by the minority leader of the Senate; (3) 2 members shall be appointed by the Speaker of the House of Representatives; (4) 2 members shall be appointed by the minority leader of the House of Representatives; (5) 2 members shall be appointed by the Chairman of the Committee on Banking, Housing, and Urban Affairs of the Senate; (6) 2 members shall be appointed by the Ranking Member of the Committee on Banking, Housing, and Urban Affairs of the Senate; (7) 2 members shall be appointed by the Chairman of the Committee on Financial Services of the House of Representatives; and (8) 2 members shall be appointed by the Ranking Member of the Committee on Financial Services of the House of Representatives. (b) Qualification of Members.-- (1) In general.--Members of the Commission shall be appointed under subsection (a) from among persons who-- (A) have expertise in insurance, reinsurance, insurance regulation, policyholder concerns, emergency management, risk management, public finance, financial markets, actuarial analysis, flood mapping and planning, structural engineering, building standards, land use planning, natural catastrophes, meteorology, seismology, environmental issues, or other pertinent qualifications or experience; and (B) are not officers or employees of the United States Government or of any State government. (2) Diversity.--In making appointments to the Commission-- (A) every effort shall be made to ensure that the members are representative of a broad cross section of perspectives within the United States; and (B) each member of Congress described in subsection (a) shall appoint not more than 1 person from any single primary area of expertise described in paragraph (1)(A) of this subsection. (c) Period of Appointment.-- (1) In general.--Each member of the Commission shall be appointed for the duration of the Commission. (2) Vacancies.--A vacancy on the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (d) Quorum.-- (1) Majority.--A majority of the members of the Commission shall constitute a quorum, but a lesser number, as determined by the Commission, may hold hearings. (2) Approval actions.--All recommendations and reports of the Commission required by this Act shall be approved only by a majority vote of all of the members of the Commission. (e) Chairperson.--The Commission shall, by majority vote of all of the members, select 1 member to serve as the Chairperson of the Commission (in this Act referred to as the ``Chairperson''). (f) Meetings.--The Commission shall meet at the call of its Chairperson or a majority of the members. SEC. 5. DUTIES OF THE COMMISSION. The Commission shall examine the risks posed to the United States by natural catastrophes, and means for mitigating those risks and for paying for losses caused by natural catastrophes, including assessing-- (1) the condition of the property and casualty insurance and reinsurance markets prior to and in the aftermath of Hurricanes Katrina, Rita, and Wilma in 2005, and the 4 major hurricanes that struck the United States in 2004; (2) the current condition of, as well as the outlook for, the availability and affordability of insurance in all regions of the country; (3) the current ability of States, communities, and individuals to mitigate their natural catastrophe risks, including the affordability and feasibility of such activities; (4) the ongoing exposure of the United States to natural catastrophes, including hurricanes, earthquakes, volcanic eruptions, tsunamis, tornados, flooding, wildfires, droughts, and other natural catastrophes; (5) the catastrophic insurance and reinsurance markets and the relevant practices in providing insurance protection to different sectors of the American population; (6) implementation of a catastrophic insurance system that can resolve key obstacles currently impeding broader implementation of catastrophic risk management and financing with insurance; (7) the financial feasibility and sustainability of a national, regional, or other pooling mechanism designed to provide adequate insurance coverage and increased underwriting capacity to insurers and reinsurers, including private-public partnerships to increase insurance capacity in constrained markets; (8) methods to promote public insurance policies to reduce losses caused by natural catastrophes in the uninsured sectors of the American population; (9) approaches for implementing a public or private insurance scheme for low-income communities, in order to promote risk reduction and insurance coverage in such communities; (10) the impact of Federal and State laws, regulations, and policies (including rate regulation, market access requirements, reinsurance regulations, accounting and tax policies, State residual markets, and State catastrophe funds) on-- (A) the affordability and availability of catastrophe insurance; (B) the capacity of the private insurance market to cover losses inflicted by natural catastrophes; (C) the commercial and residential development of high-risk areas; and (D) the costs of natural catastrophes to Federal and State taxpayers; (11) the present and long-term financial condition of State residual markets and catastrophe funds in high-risk regions, including the likelihood of insolvency following a natural catastrophe, the concentration of risks within such funds, the reliance on post-event assessments and State funding, and the adequacy of rates; (12) the role that innovation in financial services could play in improving the affordability and availability of natural catastrophe insurance, specifically addressing measures that would foster the development of financial products designed to cover natural catastrophe risk, such as risked-linked securities; (13) the need for strengthened land use regulations and building codes in States at high risk for natural catastrophes, and methods to strengthen the risk assessment and enforcement of structural mitigation and vulnerability reduction measures, such as zoning and building code compliance; (14) the benefits and costs of proposed Federal natural catastrophe insurance programs (including the Federal Government providing reinsurance to State catastrophe funds, private insurers, or other entities), specifically addressing the costs to taxpayers, tax equity considerations, and the record of other government insurance programs (particularly with regard to charging actuarially sound prices); (15) the ability of the United States private insurance market-- (A) to cover insured losses caused by natural catastrophes, including an estimate of the maximum amount of insured losses that could be sustained during a single year and the probability of natural catastrophes occurring in a single year that would inflict more insured losses than the United States insurance and reinsurance markets could sustain; and (B) to recover after covering substantial insured losses caused by natural catastrophes; (16) the impact that demographic trends could have on the amount of insured losses inflicted by future natural catastrophes; (17) the appropriate role, if any, for the Federal Government in stabilizing the property and casualty insurance and reinsurance markets; and (18) the role of the Federal, State, and local governments in providing incentives for feasible risk mitigation efforts. SEC. 6. REPORT. On December 1, 2008, the Commission shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a final report containing-- (1) a detailed statement of the findings and assessments conducted by the Commission pursuant to section 5; and (2) any recommendations for legislative, regulatory, administrative, or other actions at the Federal, State, or local levels that the Commission considers appropriate, in accordance with the requirements of section 5. SEC. 7. POWERS OF THE COMMISSION. (a) Meetings; Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers necessary to carry out the purposes of this Act. Members may attend meetings of the Commission and vote in person, via telephone conference, or via video conference. (b) Authority of Members or Agents of the Commission.--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 Act. (c) Obtaining Official Data.-- (1) Authority.--Notwithstanding any provision of section 552a of title 5, United States Code, the Commission may secure directly from any department or agency of the United States any information necessary to enable the Commission to carry out this Act. (2) Procedure.--Upon request of the Chairperson, the head of such department or agency shall furnish to the Commission the information requested. (d) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (e) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, any administrative support services necessary for the Commission to carry out its responsibilities under this Act. (f) Acceptance of Gifts.--The Commission may accept, hold, administer, and utilize gifts, donations, and bequests of property, both real and personal, for the purposes of aiding or facilitating the work of the Commission. The Commission shall issue internal guidelines governing the receipt of donations of services or property. (g) Volunteer Services.--Notwithstanding the provisions of section 1342 of title 31, United States Code, the Commission may accept and utilize the services of volunteers serving without compensation. The Commission may reimburse such volunteers for local travel and office supplies, and for other travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code. (h) Federal Property and Administrative Services Act of 1949.-- Subject to the Federal Property and Administrative Services Act of 1949, the Commission may enter into contracts with Federal and State agencies, private firms, institutions, and individuals for the conduct of activities necessary to the discharge of its duties and responsibilities. (i) Limitation on Contracts.--A contract or other legal agreement entered into by the Commission may not extend beyond the date of the termination of the Commission. SEC. 8. COMMISSION PERSONNEL MATTERS. (a) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (b) Subcommittees.--The Commission may establish subcommittees and appoint members of the Commission to such subcommittees as the Commission considers appropriate. (c) Staff.--Subject to such policies as the Commission may prescribe, the Chairperson may appoint and fix the pay of such additional personnel as the Chairperson considers appropriate to carry out the duties of the Commission. The Commission shall confirm the appointment of the executive director by majority vote of all of the members of the Commission. (d) Applicability of Certain Civil Service Laws.--Staff of the Commission may be-- (1) appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service; and (2) 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 prescribed for GS-15 of the General Schedule under section 5332 of that title. (e) Experts and Consultants.--In carrying out its objectives, the Commission may procure temporary and intermittent services of consultants and experts under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for GS-15 of the General Schedule under section 5332 of that title. (f) Detail of Government Employees.--Upon request of the Chairperson, any Federal Government employee may be detailed to the Commission to assist in carrying out the duties of the Commission-- (1) on a reimbursable basis; and (2) such detail shall be without interruption or loss of civil service status or privilege. SEC. 9. TERMINATION. The Commission shall terminate 90 days after the date on which the Commission submits its report under section 6. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Commission, such sums as may be necessary to carry out this Act, to remain available until expended.

Commission on Natural Catastrophe Risk Management and Insurance Act of 2007 - Establishes the Commission on Natural Catastrophe Risk Management and Insurance to report to Congress on its findings and assessments regarding the risks posed to the United States by natural catastrophes, and means for mitigating those risks and paying for losses caused by such catastrophes. Requires the Commission to assess: (1) the condition of the property and casualty insurance and reinsurance markets prior to and in the aftermath of Hurricanes Katrina, Rita, and Wilma in 2005, and the four major hurricanes that struck the United States in 2004; (2) the current condition of, as well as the outlook for, the availability and affordability of insurance in all regions of the country; and (3) the current ability of states, communities, and individuals to mitigate their natural catastrophe risks, including the affordability and feasibility of such activities. Directs the Commission to report its findings and assessments to certain congressional committees on December 1, 2008.

An original bill to establish a nonpartisan commission on natural catastrophe risk management and insurance, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-Iran Nuclear Negotiations Act''. SEC. 2. FINDINGS. Congress finds the following: (1) After a 30-year formal diplomatic relations drought and decades of repeated and direct threats to the United States, Iran and the United States recently exchanged communication between high-ranking government officials with the stated intent to accelerate negotiations and relations. (2) Since at least the late 1980s, Iran has engaged in a sustained and well-documented pattern of illicit and deceptive activities to acquire a nuclear weapons capability and has provided weapons, training, funding, and direction to terrorist groups. (3) Iran already possesses the necessary amount of low- and medium-enriched uranium that, if enriched further to weapons- grade level, can produce several nuclear weapons. (4) Iran has the advanced nuclear facilities and technology to carry out weapons-grade enrichment and the infrastructure to assemble, house and launch long-range ballistic weapons. (5) Since September 2005, the International Atomic Energy Agency (IAEA) has found Iran to be in non-compliance with its safeguards agreement, which Iran is obligated to adhere to as a non-nuclear-weapon State Party to the Treaty on the Non- Proliferation of Nuclear Weapons, done at Washington, London, and Moscow July 1, 1968, and entered into force March 5, 1970. (6) The United Nations Security Council (UNSC) has adopted multiple resolutions since 2006 demanding Iran's full and sustained suspension of all uranium enrichment-related and reprocessing activities and Iran's full cooperation with the IAEA on all outstanding issues related to its nuclear activities, particularly those concerning the possible military utilizations of its nuclear program. (7) On July 31, 2006, the UNSC adopted Resolution 1696 that calls on Tehran to suspend its enrichment program and verify its compliance with the IAEA Board of Governors' requirements. (8) On December 23, 2006, the UNSC adopted Resolution 1737 in response to Iran's failure to comply with Resolution 1696 and requires Iran to suspend uranium enrichment and heavy-water reactor projects, and take other confidence-building measures. (9) On March 24, 2007, the UNSC adopted Resolution 1747 as a result of Iran's failure to comply with the previous two resolutions. It calls on Iran to take measures required by the IAEA Board of Governors and outlined in Resolution 1737 to verify that its nuclear program has only peaceful purposes and to reach a long-term comprehensive agreement with the P5+1 nations (the United States, the United Kingdom, France, Russia, China, and Germany). (10) On March 3, 2008, the UNSC adopted Resolution 1803 as a response to Iran's decision to not abide by previous resolutions and calls for Iran to halt its enrichment program and comply with previous UNSC and IAEA resolutions. (11) On September 27, 2008, the UNSC adopted Resolution 1835 which reaffirms the four previous resolutions. (12) On June 9, 2010, the UNSC adopted Resolution 1929 which reiterates the UNSC's demands from previous resolutions that Iran halt all enrichment activity and to cooperate with IAEA efforts to determine that Iran does not have a nuclear weapons program. (13) On June 9, 2011, the UNSC adopted Resolution 1984 which recalls all previous resolutions and extends the mandate of the Panel of Experts that monitors sanctions on Iran's nuclear program for a period of one year. (14) On June 7, 2012, the UNSC adopted Resolution 2049 which extends the mandate of the Panel of Experts to monitor the implementation of international sanctions against Iran and to provide several reports on compliance with international sanctions. (15) Congress has passed and the President has signed into law legislation imposing significant economic and diplomatic sanctions to pressure Iran to abandon its pursuit of nuclear weapons and end its support for terrorism. (16) The Department of State has designated Iran as a state sponsor of terrorism since 1984 and for the past decade has characterized Iran as the ``most active state sponsor of terrorism'' in the world. (17) During the State of the Union Address on January 24, 2012, President Barack Obama stated, ``Let there be no doubt: America is determined to prevent Iran from getting a nuclear weapon, and I will take no options off the table to achieve that goal.''. (18) On March 4, 2012, President Obama stated, ``Iran's leaders should understand that I do not have a policy of containment; I have a policy to prevent Iran from obtaining a nuclear weapon.''. (19) On October 22, 2012, President Obama said of Iran, ``The clock is ticking . . . And we're going to make sure that if they do not meet the demands of the international community, then we are going to take all options necessary to make sure they don't have a nuclear weapon.''. (20) Iran Supreme Leader Khamenei's newly elected President, Hassan Rouhani, served as a member of Iran's Supreme National Security Council since 1989, spent 16 years as the Supreme National Security Council's secretary, and was Iran's nuclear negotiator from 2003 to 2005. (21) In a secret 2004 speech that leaked in 2006, Rouhani acknowledged that he used the negotiations to buy time for the advancement of Iran's nuclear program: ``While we were talking with the Europeans in Tehran, we were installing equipment in parts of the facility in Isfahan [the site of Iran's uranium conversion plant], but we still had a long way to go to complete the project. In fact, by creating a calm environment, we were able to complete the work in Isfahan.''. (22) Since Barack Obama has become President, Iran has tripled the number of operating centrifuges to 15,000 and has expanded the Natanz enrichment facility and its newer, deep underground plant at Fordow where it has installed hundreds of more advanced machines (the IR-2) which are capable of tripling the production rate, drastically reducing the time it would need to break out and produce weapons-grade materials. (23) Iran has continued to construct the Arak heavy water reactor that is suitable for plutonium production. (24) Iran's illicit pursuit and development of nuclear weapons and its foreign policy conduct and actions constitute a grave threat to regional stability, world peace, global economy and energy markets, and the national security interests of the United States and its allies and partners. (25) A nuclear weapons-capable Iran, with intercontinental ballistic capabilities, would pose a direct nuclear and high altitude electromagnetic pulse (HEMP) threat to the United States and its allies. (26) A nuclear weapons-capable Iran would likely lead directly to the proliferation of nuclear weapons in such nearby powers as Saudi Arabia, Egypt, and Turkey, thus increasing the risk of regional nuclear confrontation. SEC. 3. SUPPORT FOR UNITED STATES DIPLOMATIC EFFORTS. (a) Statement of Policy.--It is the policy of Congress that it is in the national security interest of the United States and its allies and partners to ensure the following objectives with respect to Iran are achieved: (1) Iran permanently halts all uranium enrichment and identifies all sites where such enrichment is occurring. (2) Iran removes, and transfers to a third party under the auspices of the International Atomic Energy Agency (IAEA), all uranium enriched to a 20 percent and higher threshold. (3) Iran closes the uranium enrichment facility at Fordow, near Qom, Iran. (4) Iran ceases developing reactors capable of producing plutonium and ceases the importation and domestic manufacturing of all centrifuges for enriching uranium. (b) Sense of Congress.-- (1) In general.--It is the sense of Congress that if the objectives described in paragraphs (1) through (4) of subsection (a) are met, it shall be the policy of the United States to enter into a negotiated settlement regarding nuclear activities in Iran that includes the terms described in paragraph (2) of this subsection. (2) Terms described.--The terms referred to in paragraph (1) are the following: (A) The Government of Iran reaffirms its commitment to the Treaty on the Non-Proliferation of Nuclear Weapons and ratifies and implements all provisions of the Additional Protocol. (B) Iran ceases the development and testing of long-range ballistic weapons. (C) Iran permits unfettered access by IAEA officials to inspect and verify its compliance to IAEA safeguards and the IAEA Board of Governors' obligations. (D) Iran ceases to provide weapons, training, funding, and direction to terrorist groups, including Hamas, Hezbollah, Shiite militias in Iraq, and the regime of Bashar al Assad in Syria. (E) Iran demonstrates peaceful foreign policy conduct and actions and issues full recognition of its neighbors' sovereignty, including Israel. (F) Iran ceases all threats against the United States and Israel. SEC. 4. MILITARY READINESS AND CONGRESSIONAL CONSENT. (a) Declaration of Policy.--Congress declares that the United States is wholly capable, willing, and ready to use military force to prevent Iran from obtaining or developing a nuclear weapons capability. (b) Congressional Consent.-- (1) In general.--To maximize the Administration's diplomatic leverage to achieve, consistent with the national security interests of the United States and its allies and partners, a negotiated settlement with the Government of Iran regarding Iran's nuclear weapons program, and consistent with the President's authority under article II, section 2 of the Constitution and pursuant to the War Powers Resolution (50 U.S.C. 1541 et seq.), at such time when the President determines that-- (A) Iran is using the cover of diplomacy to continue advancing its nuclear program to acquire a nuclear weapons capability, (B) diplomatic efforts have failed to mitigate Iran's nuclear enrichment program in documented, inspected, and verifiable ways, or (C) Iran poses a threat to the national security interests of the United States and its allies and partners, Congress hereby acknowledges that this Act constitutes current consultation with the President on Iran in order to provide for swift application of all options to prevent Iran from obtaining a nuclear weapons capability and provides consent to the necessary and appropriate use of force against legitimate targets in Iran to achieve the objectives described in paragraph (2). (2) Objectives described.--The objectives referred to in paragraph (1) are the following: (A) Uphold and implement all relevant United Nations Security Council resolutions regarding Iran's nuclear program. (B) Deter Iran's development of nuclear weapons in order to protect the national security interests of the United States and to protect United States allies and partners against the development and transfer of such weapons to rogue regimes and non-state actors. (C) Degrade Iran's capacity to develop such weapons in the future. SEC. 5. IMPOSITION OF SANCTIONS WITH RESPECT TO IRAN. (a) Authorization for Imposition of Sanctions.--If any business, firm, or entity has not terminated the provision of goods, services, or technology in Iran or with any Iranian-controlled entity, the President may-- (1) prohibit that business, firm, or entity from receiving any United States Government contract or accessing United States capital markets; and (2) in the case of a business, firm, or entity that is a foreign financial institution, prohibit, or impose strict conditions on, the opening or maintaining in the United States of a correspondent account or payable-through account by the business, firm, or entity. (b) Definitions.--In this section: (1) Business, firm, or entity.--The term ``business'', ``firm'', or ``entity''-- (A) means a partnership, association, trust, joint venture, corporation, company, governmental, quasi- governmental or non-governmental body, affiliate or other organization; and (B) includes any affiliate, subsidiary, or branch thereof. (2) Iran.--The term ``Iran'' means the Government of the Islamic Republic of Iran, including the central bank or monetary authority of that Government and any agency or instrumentality of that Government. (3) Iranian-controlled entity.--The term ``Iranian- controlled entity'' means a partnership, association, trust, joint venture, corporation, affiliate or other organization in which the Government of Iran-- (A) holds more than 50 percent of the equity interest by vote or value in the entity; (B) holds a majority of seats on the board of directors of the entity; or (C) otherwise controls the actions, policies, or personnel decisions of the entity.

United States-Iran Nuclear Negotiations Act - States that it is the policy of Congress that it is in the national security interest of the United States and its allies and partners to ensure that Iran: (1) halts all uranium enrichment and identifies all enrichment sites, (2) removes and transfers to a third party under the auspices of the International Atomic Energy Agency (IAEA) all uranium enriched to a 20% and higher threshold, (3) closes the Fordow uranium enrichment facility, and (4) ceases developing reactors capable of producing plutonium and the importation and domestic manufacturing of all centrifuges for enriching uranium. Expresses the sense of Congress that if these objectives are met it shall be U.S. policy to enter into a negotiated settlement regarding nuclear activities in Iran. Declares that the United States is capable, willing, and ready to use military force to prevent Iran from obtaining or developing a nuclear weapons capability. Acknowledges that this Act constitutes current consultation with the President on Iran in order to provide for application of all options to prevent Iran from obtaining a nuclear weapons capability and provides consent to the appropriate use of force against legitimate targets in Iran to: (1) uphold and implement all relevant United Nations (U.N.) Security Council resolutions regarding Iran's nuclear program, (2) deter Iran's development of nuclear weapons in order to protect the national security interests of the United States and its allies and partners, and (3) degrade Iran's capacity to develop such weapons in the future. States that, if any business, firm, or entity has not terminated the provision of goods, services, or technology in Iran or with any Iranian-controlled entity, the President may: (1) prohibit that business, firm, or entity from receiving any U.S. government contract or accessing U.S. capital markets; and (2) in the case of a business, firm, or entity that is a foreign financial institution, prohibit or impose strict conditions on the opening or maintaining in the United States of a correspondent account or payable-through account.

United States-Iran Nuclear Negotiations Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Insurance Data Protection Act''. SEC. 2. REPEAL OF SUBPOENA AND ENFORCEMENT AUTHORITY. Subsection (e) of section 313 of title 31, United States Code, is amended by striking paragraph (6). SEC. 3. CONFIDENTIALITY BY FEDERAL INSURANCE OFFICE. Paragraph (5) of section 313(e) of title 31, United States Code, is amended-- (1) in subparagraph (A), by inserting after ``Office'' the following: ``and the sharing of any nonpublicly available data with or by the Office among other Federal agencies, the State insurance regulators and their collective agents, or any other entities''; (2) in subparagraph (C)(ii), by inserting ``any privilege referred to in subparagraph (A) and'' after ``including''; and (3) in subparagraph (D), by inserting ``including the exceptions thereunder,'' after ``United States Code,''. SEC. 4. LIMITATION ON SUBPOENAS BY THE OFFICE OF FINANCIAL RESEARCH. Section 153(f)(1) of the Dodd-Frank Wall Street Reform and Consumer Protection Act is amended by inserting after ``financial company,'' the following: ``other than an insurance company (as defined under section 201(a)(13)),''. SEC. 5. CONFIDENTIALITY BY FINANCIAL REGULATORS. (a) In General.--Title I of the Dodd-Frank Wall Street Reform and Consumer Protection Act is amended by inserting at the end the following: ``Subtitle D--Treatment of Data Collected From Insurance Companies ``SEC. 181. TREATMENT OF DATA COLLECTED FROM INSURANCE COMPANIES BY FINANCIAL REGULATORS. ``(a) Advance Coordination.--Before collecting any data or information from a nonbank financial company that is an insurance company pursuant to this title or title II, a financial regulator shall coordinate with each relevant Federal agency and State insurance regulator and any publicly available sources to determine if the information to be collected is available from, and may be obtained in a timely manner by, such Federal agency or State insurance regulator, individually or collectively, other regulatory agency, or publicly available sources. If the financial regulator determines that such data or information is available, and may be obtained in a timely manner, from such an agency, regulator, regulatory agency, or source, the financial regulator shall obtain the data or information from such agency, regulator, regulatory agency, or source. If the financial regulator determines that such data or information is not so available, the financial regulator may collect such data or information from an insurance company only if the financial regulator complies with the requirements of subchapter I of chapter 35 of title 44, United States Code (relating to Federal information policy; commonly known as the Paperwork Reduction Act), in collecting such data or information. Notwithstanding any other provision of law, each such relevant Federal agency and State insurance regulator or other Federal or State regulatory agency is authorized to provide to the financial regulator such data or information. ``(b) Confidentiality.-- ``(1) Retention of privilege.--The sharing by a nonbank financial company that is an insurance company of any nonpublicly available data and information with a financial regulator under this title or title II shall not constitute a waiver of, or otherwise affect, any privilege arising under Federal or State law (including the rules of any Federal or State court) to which the data or information is otherwise subject. ``(2) Continued application of prior confidentiality agreements.--Any requirement under Federal or State law to the extent otherwise applicable, or any requirement pursuant to a written agreement in effect between the original source of any nonpublicly available data or information and the source of such data or information to the financial regulator, regarding the privacy or confidentiality of any data or information in the possession of the source to a financial regulator, shall continue to apply to such data or information after the data or information has been provided pursuant to this subsection to the financial regulator. ``(3) Information-sharing agreement.--Any data or information obtained by a financial regulator may be made available to State insurance regulators, individually or collectively, through an information-sharing agreement that-- ``(A) shall comply with applicable Federal law; and ``(B) shall not constitute a waiver of, or otherwise affect, any privilege under Federal or State law (including any privilege referred to in paragraph (1) and the rules of any Federal or State court) to which the data or information is otherwise subject. ``(4) Agency disclosure requirements.--Section 552 of title 5, United States Code, including the exceptions thereunder, shall apply to any data or information submitted to a financial regulator by a nonbank financial company that is an insurance company. ``(c) Definitions.--For purposes of this section: ``(1) Financial regulator.--The term `financial regulator' means the Commission, the Commodity Futures Trading Commission, the Council, the Federal banking agencies, and the Office of Financial Research. ``(2) Insurance company.--The term `insurance company' has the meaning given such term under section 201(a)(13).''. (b) Technical Amendment.--The table of contents for such Act is amended by inserting after the item relating to section 176 the following: ``Subtitle D--Treatment of data collected from insurance companies ``Sec. 181. Treatment of Data Collected From Insurance Companies by Financial Regulators.''.

Insurance Data Protection Act - Repeals the subpoena and enforcement powers of the Director of the Federal Insurance Office in the Department of the Treasury. Declares that the sharing of any nonpublicly available data with or by the Office among other federal agencies, the state insurance regulators and their collective agents, or other entities does not affect any federal or state confidentiality privilege arising under federal or state law to which such data or information is otherwise subject. Amends the Dodd-Frank Wall Street Reform and Consumer Protection Act to exempt an insurance company from the subpoena powers of the Director of the Office of Financial Research in the Treasury. Prescribes the treatment of data collected by financial regulators from a nonbank financial company that is an insurance company, including confidentiality procedures and agency disclosure requirements.

To prohibit the Federal Insurance Office of the Department of the Treasury and other financial regulators from collecting data directly from an insurance company.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Don't Let the Bed Bugs Bite Act of 2009''. SEC. 2. FINDINGS. Congress finds that-- (1) on February 12, 2008, a thorough inspection of a hotel in Nashua, New Hampshire, found that 16 of 117 rooms were infested with bedbugs; (2) cimex lectularius, commonly known as bed bugs, travel through the ventilation systems in multi-unit establishments causing exponential infestations; (3) female bedbugs can lay up to 5 eggs in a day and 500 during a lifetime; (4) bedbug populations in the United States have increased by 500 percent in the past few years; (5) in 2004, New York City had 377 bedbug violations and from July to November of 2005, a 5-month span, there were 449 violations reported in the city, an alarming increase in infestations over a short period of time; (6) in a study of 700 hotel rooms between 2002 and 2006, 25 percent of hotels were found to be in need of bedbug treatment; (7) bed bugs possess all of the necessary prerequisites for being capable of passing diseases from one host to another; and (8) research on the public health implications of bed bugs and their potential for spread of infectious disease is not current. SEC. 3. BED BUG INSPECTION GRANT PROGRAM. (a) Administration; Amount.--The Secretary of Commerce, in cooperation with the Travel and Tourism Advisory Board, may provide grants to an eligible State to assist such State in carrying out the inspections described in subsection (c). The grants shall be in amounts determined by the Secretary, taking into consideration the relative needs of the State. (b) Eligibility.--A State is eligible for a grant under this Act if the State has established a program whereby-- (1) not fewer than 20 percent of rooms in lodging facilities in such State are inspected annually for cimex lectularius, commonly known as the bed bug; and (2) inspections are conducted by individuals who meet the minimum competency standard or requirement for inspecting or treating rooms in lodging facilities for bed bugs, as adopted by the State agency charged with regulating pest management activities. (c) Federal Share.--The Federal share of funding for such a program shall not exceed 80 percent. (d) Use of Grants.--A State may use a grant received under this Act to-- (1) conduct inspections of lodging facilities for cimex lectularius, including transportation, lodging, and meal expenses for inspectors; (2) train inspection personnel; (3) contract with a commercial applicator, as defined in section 2(e) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136(e)), to inspect and treat lodging facilities for cimex lectularius; and (4) educate the proprietors and staff of lodging establishments about methods to prevent and eradicate cimex lectularius. (e) Application.--To receive a grant under this Act, an eligible State shall submit an application to the Secretary of Commerce in such form and containing such information as the Secretary shall determine. (f) Definition of Lodging Facility.--For purposes of this Act and the requirement under subsection (b) for State programs receiving funding under this Act, the term ``lodging facility'' means any individual hotel, motel, or inn that makes available for commercial lodging more than 10 individual rooms. (g) Authorization of Appropriations.--There is authorized to be appropriated $50,000,000 for each of fiscal years 2010 through 2013 to the Secretary of Commerce for the grants authorized under this Act. SEC. 4. ADDING BED BUG PREVENTION AND MANAGEMENT TO PUBLIC HOUSING AGENCY PLANS. Paragraph (5) of section 5A(d) of the United States Housing Act of 1937 (42 U.S.C. 1437c-1(d)(5)) is amended by inserting ``and bed bugs'' after ``cockroaches''. SEC. 5. BED BUG PREVENTION AND CONTROL UNDER THE PREVENTATIVE HEALTH AND HEALTH SERVICES BLOCK GRANT PROGRAM. Section 1904(a)(1)(B) of the Public Health Service Act (42 U.S.C. 300w-3(a)(1)(B)) is amended by inserting ``and bed bugs'' after ``rodents''. SEC. 6. CENTERS FOR DISEASE CONTROL AND PREVENTION INVESTIGATION AND REPORT. The Centers for Disease Control and Prevention shall investigate the public health implications of bed bugs on lodging and housing. The investigation shall specifically consider the impacts on mental health of bed bugs, their potential for spreading infectious disease, and contributing to other diseases such as asthma. The Centers for Disease Control and Prevention shall report their findings and recommend any potential solutions to Congress not later than December 31, 2010. SEC. 7. REPORT TO CONGRESS. The Secretary of Commerce shall transmit a report to Congress not later than 3 years after the issuance of the first grant authorized by section 3 of this Act, which shall contain an assessment of the effectiveness of the bed bug inspection grant program.

Don't Let the Bed Bugs Bite Act of 2009 - Authorizes the Secretary of Commerce to provide grants to to assist states in carrying out inspections of lodging facilities for cimex lectularius, commonly known as the bed bug. Allows states to use grants to conduct inspections, train inspection personnel, contract with a commercial applicator to inspect and treat lodging facilities, and educate lodging proprietors and staff about prevention and eradication of bed bugs. Requires the Secretary to report to Congress on the effectiveness of the grant program. Amends the United States Housing Act of 1937 to include bed bug prevention and management in public housing agency plans. Amends the Public Health Service Act to include bed bug prevention and control under the block grant program for preventive health services. Requires the Centers for Disease Control and Prevention (CDC) to investigate the public health implications of bed bugs on lodging and housing and report to Congress.

To establish a grant program to assist States in inspecting hotel rooms for bed bugs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Keep Americans Working Building Our Transportation Infrastructure Act''. SEC. 2. HIGHWAYS. (a) Waiver Requirement.--Section 313 of title 23, United States Code, is amended by adding at the end the following: ``(g) Waiver Requirements.-- ``(1) Notice of waiver request.--The Secretary shall publish on the Internet any request for a waiver and provide an opportunity for public comment on the intent to issue a waiver for a period of not less than 15 days. The Secretary shall consider all comments received during the comment period in evaluating the waiver request. ``(2) Requirements for waiver finding.--If the Secretary makes a finding under subsection (b) with respect to a project, the Secretary-- ``(A) shall publish in the Federal Register, before the date on which such finding takes effect, a detailed written justification as to the reasons that such finding is needed; ``(B) shall provide notice of such finding and an opportunity for public comment on such finding for a reasonable time period, but not less than 15 days; ``(C) shall review all comments received during the comment period after notice of the finding; and ``(D) may terminate or modify a finding based on comments received after the effective date of the finding. ``(3) Limitation on statutory construction.--Nothing in paragraph (2) shall be construed to require the effective date of a finding referred to in such paragraph to be delayed until after the close of the public comment period referred to in paragraph (2)(B). ``(h) Annual Reports.--Not later than February 1 of each year beginning after the date of enactment of the Keep Americans Working Building Our Transportation Infrastructure Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the projects for which the Secretary made findings under subsection (b) during the preceding calendar year and the justifications for such findings.''. (b) Repeals.-- (1) Waiver notification and annual reports.--Section 117 of the SAFETEA-LU Technical Corrections Act of 2008 is repealed. (2) Public comments to waive certain requirements.--Section 123 of title I of division A of the Consolidated Appropriations Act, 2010 is repealed. SEC. 3. TRANSIT. Section 5323(j)(3) of title 49, United States Code, is amended to read as follows: ``(3) Waiver Requirements.-- ``(A) Notice of waiver request.--The Secretary shall publish on the Internet any request for a waiver and provide an opportunity for public comment on the intent to issue a waiver for a period of not less than 15 days. The Secretary shall consider all comments received during the comment period in evaluating the waiver request. ``(B) Requirements for waiver finding.--If the Secretary makes a finding under paragraph (2) with respect to a project, the Secretary-- ``(i) shall publish in the Federal Register, before the date on which such finding takes effect, a detailed written justification as to the reasons that such finding is needed; ``(ii) shall provide notice of such finding and an opportunity for public comment on such finding for a reasonable time period, but not less than 15 days; ``(iii) shall review all comments received during the comment period after notice of the finding; and ``(iv) may terminate or modify a finding based on comments received after the effective date of the finding. ``(C) Limitation on statutory construction.--Nothing in subparagraph (B) shall be construed to require the effective date of a finding referred to in such subparagraph to be delayed until after the close of the public comment period referred to in subparagraph (B)(ii). ``(D) Annual reports.--Not later than February 1 of each year beginning after the date of enactment of the Keep Americans Working Building Our Transportation Infrastructure Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the projects for which the Secretary made findings under paragraph (2) during the preceding calendar year and the justifications for such findings.''. SEC. 4. AVIATION. Section 50101 of title 49, United States Code, is amended by adding at the end the following: ``(d) Waiver Requirements.-- ``(1) Notice of waiver request.--The Secretary shall publish on the Internet any request for a waiver and provide an opportunity for public comment on the intent to issue a waiver for a period of not less than 15 days. The Secretary shall consider all comments received during the comment period in evaluating the waiver request. ``(2) Requirements for waiver finding.--If the Secretary makes a finding under subsection (b) with respect to a project, the Secretary-- ``(A) shall publish in the Federal Register, before the date on which such finding takes effect, a detailed written justification as to the reasons that such finding is needed; ``(B) shall provide notice of such finding and an opportunity for public comment on such finding for a reasonable time period, but not less than 15 days; ``(C) shall review all comments received during the comment period after notice of the finding; and ``(D) may terminate or modify a finding based on comments received after the effective date of the finding. ``(3) Limitation on statutory construction.--Nothing in paragraph (2) shall be construed to require the effective date of a finding referred to in such paragraph to be delayed until after the close of the public comment period referred to in paragraph (2)(B). ``(e) Annual Reports.--Not later than February 1 of each year beginning after the date of enactment of the Keep Americans Working Building Our Transportation Infrastructure Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the projects for which the Secretary made findings under subsection (b) during the preceding calendar year and the justifications for such findings.''. SEC. 5. RAIL. (a) Waiver Requirements.--Section 24405(a)(4) of title 49, United States Code, is amended to read as follows: ``(4) Waiver Requirements.-- ``(A) Notice of waiver request.--The Secretary shall publish on the Internet any request for a waiver and provide an opportunity for public comment on the intent to issue a waiver for a period of not less than 15 days. The Secretary shall consider all comments received during the comment period in evaluating the waiver request. ``(B) Requirements for waiver finding.--If the Secretary makes a finding under paragraph (2) with respect to a project, the Secretary-- ``(i) shall publish in the Federal Register, before the date on which such finding takes effect, a detailed written justification as to the reasons that such finding is needed; ``(ii) shall provide notice of such finding and an opportunity for public comment on such finding for a reasonable time period, but not less than 15 days; ``(iii) shall review all comments received during the comment period after notice of the finding; and ``(iv) may terminate or modify a finding based on comments received after the effective date of the finding. ``(C) Limitation on statutory construction.--Nothing in subparagraph (B) shall be construed to require the effective date of a finding referred to in such subparagraph to be delayed until after the close of the public comment period referred to in subparagraph (B)(ii).''. (b) Annual Reports.--Section 24405(a)(5) of title 49, United States Code, is amended to read as follows: ``(5) Annual Reports.--Not later than February 1 of each year beginning after the date of enactment of the Keep Americans Working Building Our Transportation Infrastructure Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the projects for which the Secretary made findings under paragraph (2) during the preceding calendar year and the justifications for such findings.''. SEC. 6. AMTRAK. Section 24305(f) of title 49, United States Code, is amended by adding at the end the following: ``(5) Waiver Requirements.-- ``(A) Notice of waiver request.--The Secretary shall publish on the Internet any request for a waiver and provide an opportunity for public comment on the intent to issue a waiver for a period of not less than 15 days. The Secretary shall consider all comments received during the comment period in evaluating the waiver request. ``(B) Requirements for waiver finding.--If the Secretary makes a finding under paragraph (4) with respect to a project, the Secretary-- ``(i) shall publish in the Federal Register, before the date on which such finding takes effect, a detailed written justification as to the reasons that such finding is needed; ``(ii) shall provide notice of such finding and an opportunity for public comment on such finding for a reasonable time period, but not less than 15 days; ``(iii) shall review all comments received during the comment period after notice of the finding; and ``(iv) may terminate or modify a finding based on comments received after the effective date of the finding. ``(C) Limitation on statutory construction.--Nothing in subparagraph (B) shall be construed to require the effective date of a finding referred to in such subparagraph to be delayed until after the close of the public comment period referred to in subparagraph (B)(ii). ``(D) Annual reports.--Not later than February 1 of each year beginning after the date of enactment of the Keep Americans Working Building Our Transportation Infrastructure Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the projects for which the Secretary made findings under paragraph (4) during the preceding calendar year and the justifications for such findings.''.

Keep Americans Working Building Our Transportation Infrastructure Act - Directs the Secretary of Transportation to publish on the Internet any request for a waiver of Buy American requirements under the highway, public transportation, aviation, or passenger rail programs and provide the public with an opportunity to comment on the intent to issue a waiver. Requires the Secretary, upon deciding to grant such a waiver, to: (1) publish in the Federal Register, before the decision takes effect, a detailed written justification of the waiver; (2) provide the public with notice of the decision and an opportunity to comment on it for a reasonable period, but no less than 15 days; and (3) review those comments. Authorizes the Secretary to terminate or modify a waiver decision based on comments received after the decision takes effect. Repeals existing Buy American waiver requirements under the SAFETEA-LU Technical Corrections Act of 2008 and the Consolidated Appropriations Act, 2010.

To improve transparency and accountability in the waiver process of the Buy America requirement for certain transportation provisions.

SECTION 1. SHORT TITLE. This Act may be cited as the ``ACO Improvement Act of 2014''. SEC. 2. MEDICARE ACO PROGRAM IMPROVEMENTS. (a) In General.--Section 1899 of the Social Security Act (42 U.S.C. 1395jjj) is amended by adding at the end the following new subsection: ``(l) Improving Outcomes Through Greater Beneficiary Engagement.-- ``(1) Use of beneficiary incentives.--Subject to approval of the Secretary and in the case of an ACO that has elected a two-sided risk model (as provided for under regulations), the Secretary shall permit the ACO-- ``(A) to reduce or eliminate cost-sharing otherwise applicable under part B for some or all primary care services (as identified by the ACO) furnished by health care professionals (including, as applicable, professionals furnishing services through a rural health clinic or Federally qualified health center) within the network of the ACO; and ``(B) to develop additional incentive programs to encourage patient engagement and participation in their own wellness. The cost of the such incentives shall be borne by the ACO and shall not affect the payments under subsection (d). ``(2) Fostering stronger patient-provider ties.-- ``(A) Providing prospective assignment of beneficiaries.-- ``(i) In general.--In carrying out subsection (c), the Secretary shall provide for a prospective assignment of Medicare fee-for- service beneficiaries before the beginning of a year to an ACO and primary care ACO professional in accordance with the practice under this section for Pioneer ACOs, subject to clause (ii). ``(ii) Changing primary care aco professionals.--An ACO shall permit a beneficiary to select the primary care ACO professional within the ACO to which the beneficiary is assigned. ``(B) Inclusion of aco information in welcome to medicare visit and annual wellness visits.--The Secretary shall require a primary care ACO professional to include, as part of the initial preventive physical examination under section 1861(ww)(1) or personalized prevention plan services under section 1861(hhh)(1) for a Medicare fee-for-service beneficiary assigned to that professional under this section, to provide the beneficiary with information concerning the ACO program under this section, including information on any cost- sharing reductions allowed under this section. ``(C) Stakeholder advisory group.--The Secretary shall form a stakeholder group, including representatives of ACOs, health care providers (including ACO professionals), Medicare beneficiaries, and ACO experts, to advise the Secretary with recommendations to improve the process of ACO-to- beneficiary communication. ``(3) Moving from volume to value.-- ``(A) Regulatory relief for moving to two-sided risk.--In the case of an ACO that has elected a two- sided risk model (as described in paragraph (1)), in addition to the authority provided under paragraph (1), the Secretary shall provide the following regulatory relief: ``(i) 3-day prior hospitalization waiver for snf services.--Waiver of the 3-day prior hospitalization requirement for coverage of skilled nursing facility services. ``(ii) Homebound requirement waiver for home health services.--Waiver of the homebound requirement for coverage of home health services. ``(iii) RAC hospital audit relief.--Relief from reviews of scheduled admissions by recovery audit contractors for individuals attributed to an ACO when admitted on orders of a physician participating in the ACO. ``(B) Improving care coordination through access to telehealth.-- ``(i) Flexibility in furnishing telehealth services.--In applying section 1834(m) in the case of an ACO that has elected a two-sided risk model (as described in paragraph (1)), the ACO may elect to have the limitations on originating site (under paragraph (4)(C) of such section) and on the use of store-and- forward technologies (under paragraph (1) of such section) not apply. The previous sentence shall not be construed as affecting the authority of the Secretary under subsection (f) to waive other provisions of such section. ``(ii) Provision of remote monitoring in connection with home health services.--Nothing in this section shall be construed as preventing an ACO from including payments for remote patient monitoring and home-based video conferencing services in connection with the provision of home health services (under conditions for which payment for such services would not be made under section 1895 for such services) in a manner that is financially equivalent to the furnishing of a home health visit. ``(4) Establishing greater certainty for acos.-- ``(A) Benchmarks and payments.--The Secretary shall conduct a demonstration project to test the use of payment benchmarks that take into account geographic area differences, such as differences in spending trends within and across regions, and variations in delivery and utilization based on the socioeconomic status of beneficiaries served. ``(B) Advance notification of acos of benchmarks and past performance.--The Secretary shall inform ACOs, in advance of each performance period, of the quality benchmarks applicable to the ACO and period and of the past performance (if any) of the ACO under this section. ``(C) Study and report on feasibility on providing electronic access to medicare claims data.--The Secretary shall conduct a study regarding the feasibility of establishing a system of electronic access of providers of services and suppliers to in- process and complete patient claims data. Such system may be a modification of an existing data base, such as the Virtual Research Data Center. The study shall take into account the measures needed to ensure the security and privacy of beneficiary and provider information. Not later than one year after the date of the enactment of this Act, the Secretary shall submit to Congress a report on such study. The Secretary shall include in such report such recommendations as the Secretary deems appropriate.''. (b) Requiring Testing of Global Capitation Payment Model.--Section 1899(i) of the Social Security Act (42 U.S.C. 1395jjj(i)) is amended-- (1) in the heading, by striking ``Option to Use Other Payment Models'' and inserting ``Alternative Payment Models''; (2) in paragraph (1), by inserting before the period at the end the following: ``except that the Secretary shall, beginning no later than January 1, 2016, establish one or more demonstration programs to test the payment model described in paragraph (3)(A)''; and (3) in paragraph (3)(A), by striking ``is any payment model'' and inserting the following: ``(i) a global capitation model in which an ACO is at financial risk for all items and services covered under parts A and B; and ``(ii) any other payment model that the Secretary determines will improve the quality and efficiency of items and services furnished under this title.''. (c) Assignment Taking Into Account Services of Non-Physician Practitioners.--Section 1899(c) of the Social Security Act (42 U.S.C. 1395jjj(c)) is amended by inserting ``(or, in the case of an ACO that is located in a rural or medically underserved area or that is affiliated with a Federally qualified health center or rural health clinic, an ACO professional described in subsection (h)(1)(B))'' after ``subsection (h)(1)(A)''. (d) Creating Incentives for ACO Development.--The Secretary of Health and Human Services shall develop a mechanism to make permanent those ACO-related pilot programs, including the Advance Payment ACO Model, that have been successful. The Secretary shall submit to Congress a report on the study and shall include in the report such recommendations, including such changes in legislation, as the Secretary deems appropriate. (e) Effective Date.--The amendments made by subsection (a) shall apply to plan years beginning on or after January 1, 2016.

ACO Improvement Act of 2014 - Amends title XVIII (Medicare) of the Social Security Act with respect to the shared savings program under which groups of service providers and suppliers meeting specified criteria may work together to manage and coordinate care for Medicare fee-for-service beneficiaries through an accountable care organization (ACO). Directs the Secretary of Health and Human Services (HHS) to permit an ACO that has elected a two-sided risk model to: (1) reduce or eliminate cost-sharing under Medicare part B (Supplementary Medical Insurance) for some or all primary care services furnished by health care professionals within the ACO network; and (2) develop additional incentive programs to encourage patient engagement and participation in their own wellness. Prescribes requirements for fostering stronger patient-provider ties.  Directs the Secretary to require a primary care ACO professional to provide the beneficiary with information concerning the ACO program as part of the initial preventive physical examination of the beneficiary. Directs the Secretary to form a stakeholder group including representatives of ACOs, health care providers, Medicare beneficiaries, and ACO experts.  Requires such parties to advise the Secretary with recommendations to improve the process of ACO-to-beneficiary communication. Prescribes requirements for regulatory relief for an ACO that has elected a two-sided risk model and for improving care coordinatiion through access to telehealth. Directs the Secretary to: (1) conduct a demonstration project to test the use of payment benchmarks that take into account geographic area differences, (2) study the feasibility of establishing a system of electronic access of service providers and suppliers to in-process and complete patient claims data, (3) establish one or more demonstration programs to test the global capitation payment model, and (4) develop a mechanism to make permanent those ACO-related pilot programs that have been successful.

ACO Improvement Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Learn to Earn Act of 2011''. SEC. 2. FINDINGS. Congress finds the following: (1) One of America's strengths has always been that it is a great place to start and grow a business. (2) According to the 2010 Small Business Economy: A Report to the President, ``small businesses--those with fewer than 500 employees--are generally the creators of most net new jobs, as well as the employers of about half of the nation's private sector work force, and the providers of a significant share of innovations, as well as half of the nonfarm, private real gross domestic product.''. (3) The April 2009 World Economic Forum Report entitled ``Educating the Next Wave of Entrepreneurs'' recommends that countries transform their educational systems to integrate entrepreneurship education at all levels and across curricula in recognition that ``entrepreneurship education is essential for developing the human capital necessary for the society of the future.''. (4) ``Educating the Next Wave of Entrepreneurs'' argues that the skills and knowledge learned through entrepreneurship education--such as problem solving, economic principles, and negotiation--are critical to success in the 21st century global economy, in which competition is fierce and markets and jobs evolve at a rapid pace. (5) Entrepreneurship education models incorporate lessons in financial literacy, economics, and other business topics such as marketing and accounting which can lead to increased proficiency in mathematics and English Language Arts. (6) When young people learn to see opportunity amid obstacles, to set and achieve high personal goals, and to apply knowledge and skills to real-world scenarios--in short, to think and act like entrepreneurs--they are armed with tools that will increase their success in college and beyond. SEC. 3. DEFINITIONS. In this Act: (a) ESEA Terms.--The terms ``local educational agency'', ``highly qualified'', and ``secondary school'' have the meanings given such terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (b) Entrepreneurship Partner Entity.--The term ``entrepreneurship partner entity'' means an entity such as a local business, a local community organization, a local municipality, a local Small Business Administration office, a local Chamber of Commerce, or another State, local, or tribal government entity that specializes in entrepreneurship, small business development, or workforce development that has entered into an agreement with a local educational agency designated an entrepreneurship community under section 4(a), as determined by the Secretary of Education. (c) High-Quality Entrepreneurship Education Program.--The term ``high-quality entrepreneurship education program'' means a program that teaches entrepreneurial skills and includes the following: (1) High standards in mathematics and related content areas such as economics. (2) Curriculum delivered by high-quality teachers who complete entrepreneurship-specific training and receive ongoing professional development among a community of peers. (3) Hands-on activities and project-based work, such as negotiation simulations and student business plans, designed to bring abstract concepts to life and stimulate a wide variety of local educational agency learning preferences. (4) A financial literacy component to provide students with the skills and knowledge needed to make informed personal finance decisions. (5) Interactions with entrepreneurs and small business owners who inspire students and challenge them to set high personal goals. (6) Partnerships between educators and business community members who volunteer as guest speakers, guest teachers, field trip hosts, mentors, business plan competition judges, or in other roles. SEC. 4. DESIGNATION OF ENTREPRENEURSHIP COMMUNITIES. (a) Designation.--Not later than 90 days after receiving an application from a local education agency, the Secretary of Education shall designate such local educational agency as an entrepreneurship community if the Secretary determines that the local educational agency satisfies the requirements described in subsection (b). (b) Determination.--A local educational agency satisfies the requirements of this subsection if the local educational agency is carrying out a high-quality entrepreneurship education program for secondary school students. (c) Application.--The Secretary shall establish an application process for the purpose of designating local educational agencies as entrepreneurship communities under subsection (a). Such application shall include a description of the proposed high-quality entrepreneurship education program and any proposed entrepreneurship partner entities. SEC. 5. PREFERENCES FOR ENTREPRENEURSHIP COMMUNITIES. In awarding competitive grants to local educational agencies under title XIV of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) and the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) the Secretary of Education shall, to the extent practicable, give priority consideration to each local educational agency that is designated an entrepreneurship community under section 4(a). SEC. 6. PREFERENCES FOR ENTREPRENEURSHIP PARTNER ENTITIES. In making competitive grants, loans, or loan guarantees related to small business development, workforce development, community development, or economic development the Administrator of the Small Business Administration, the Secretary of Agriculture, the Secretary of Commerce, and the Secretary of Energy shall give priority consideration, to the extent practicable, to a entrepreneurship partner entity.

Learn to Earn Act of 2011 - Directs the Secretary of Education to designate a local educational agency (LEA) as an entrepreneurship community if it is carrying out a high-quality entrepreneurship education program for secondary school students. Requires those programs to include: (1) high standards in mathematics and related content areas, such as economics; (2) curricula delivered by high-quality teachers who complete entrepreneurship training and receive ongoing professional development; (3) hands-on activities and project-based work; (4) financial literacy education; and (5) interaction between students, teachers, and members of the business community. Directs the Secretary, to the extent practicable, to give priority to entrepreneurship communities when awarding competitive grants to LEAs under the American Recovery and Reinvestment Act of 2009 and the Elementary and Secondary Education Act of 1965. Directs the Administrator of the Small Business Administration (SBA) and the Secretary of Agriculture (USDA), the Secretary of Commerce, and the Secretary of Energy (DOE) to give priority, to the extent practicable, to an entrepreneurship partner entity when awarding competitive grants, loans, or loan guarantees related to small business, workforce, community, or economic development. Defines an "entrepreneurship partner entity" as a local business, community organization, SBA office, chamber of commerce, or state, local, or tribal entity that enters into an agreement with an entrepreneurship community and specializes in entrepreneurship, small business development, or workforce development.

To provide priority consideration to local educational agencies that establish high quality entrepreneurship education programs for secondary schools, and for other purposes.

SECTION 1. SHORT TITLE; REFERENCES; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Democratic Rights for Union Members Act of 2000''. (b) References.--Whenever in this Act an amendment is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to that section or other provision of the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. 401 et seq.). SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) The labor movement derives its strength from democracy and unions lacking true democracy cannot serve in full measure their economic, social, and political function in a democratic society. (2) Union officers should recognize that unions belong to rank-and-file members and strive to respond to their wishes on issues of policymaking and decisionmaking. (3) Authoritarian control of unions is contrary to the spirit, traditions, and principles that should guide the labor movement. (b) Purposes.--The purposes of the amendments made by this Act are-- (1) to strengthen the Labor-Management Reporting and Disclosure Act of 1959 to protect and promote democratic processes and democratic rights of union members; (2) to ensure that labor organizations exist to express the will of the members; and (3) to further empower union members and make labor organizations institutions by which workers truly govern themselves. SEC. 3. INFORMATION. (a) In General.--Section 105 (29 U.S.C. 415) is amended by adding at the end the following: ``A labor organization shall provide such information-- ``(1) to each new member within 90 days after the member has joined the labor organization; and ``(2) periodically to all members in a manner which the Secretary of Labor determines will promote a fuller understanding of the member's rights and judicial remedies under this Act.''. (b) Enforcement.--Section 102 (29 U.S.C. 412) is amended-- (1) by striking ``Any person'' and inserting ``(a) Except as provided in subsection (b), any person''; and (2) by adding at the end the following: ``(b) Upon the written complaint of any member of a labor organization alleging that such organization has violated section 105, the Secretary shall investigate the complaint and if the Secretary finds probable cause to believe that such violation has occurred and has not been remedied, the Secretary shall, without disclosing the identity of the complainant, bring a civil action in any district court of the United States having jurisdiction of the labor organization for such relief (including injunctions) as may be appropriate.''. SEC. 4. TRUSTEESHIPS. (a) Purposes of Establishment of Trusteeship.--Section 302 (29 U.S.C. 462) is amended-- (1) by inserting ``(a)'' before ``Trusteeships''; and (2) by adding at the end the following: ``(b)(1) Except as provided in paragraph (2), a trusteeship may be authorized only after a fair hearing either before the executive board or such other body as may be provided by the constitution and bylaws of the labor organization and only if, in such hearing, the labor organization establishes by the preponderance of evidence that the trusteeship is necessary for a purpose allowable under this section. ``(2) Where immediate action is necessary to fulfill the purposes of this section, a temporary trusteeship may be established, for not more than 30 days, pending a hearing under paragraph (1).''. (b) Enforcement.--Section 304(c) (29 U.S.C. 464(c)) is amended to read as follows: ``Eighteen months after the authorization of a trusteeship, such trusteeship shall be presumed invalid in any proceeding pursuant to this section and its discontinuance shall be decreed unless the labor organization shall show by clear and convincing proof that the continuation of the trusteeship is necessary for a purpose allowable under section 302. In the latter event the court may dismiss the complaint or retain jurisdiction of the cause on such conditions and for such period as it deems appropriate.'' (c) Dissolution of Trusteeship.--Section 304 (29 U.S.C. 464) is amended by adding at the end the following: ``(d) Upon dissolution of a trusteeship, the previously elected officers of the local union shall be reinstated or a new election promptly held in conformity with title IV. If the trusteeship is dissolved by order of a court pursuant to this title, and the court orders an election, such election shall be conducted under the supervision of the court.''. SEC. 5. ELECTIONS (a) Membership Lists.--Section 401(c) (29 U.S.C. 481(c)) is amended by striking ``to inspect a list'' and inserting ``to inspect and, upon request, to be provided with a copy of a list'' (b) District Council Officers.--Section 401(d) (29 U.S.C. 481(d)) is amended to read as follows: ``(d) Officers of intermediate bodies, such as general committees, system boards, joint boards or joint councils who engage in negotiation, administration or enforcement of collective agreements, or exercise control over the finances or other major functions of local unions, shall be elected not less often than once every 4 years by secret ballot among members in good standing. Officers of other intermediate bodies may be elected by representatives of such members who have been elected by secret ballot.''. (c) Qualifications.--Section 401(e) (29 U.S.C. 481(e)) is amended by striking ``and to reasonable qualifications uniformly imposed'' and by inserting after ``eligible to be a candidate'' the following: ``(subject to reasonable qualifications which do not exclude a majority of the members and which are uniformly imposed)''. (d) Overturning.--Section 402(c)(2) (29 U.S.C. 482(c)(2)) is amended by striking ``affected the outcome of an election'' and inserting ``substantially understated or overstated the support of one of the candidates for office to the point that the democratic purposes of the election were undermined''. SEC. 6. REGULATIONS. Not later than 6 months after the date of the enactment of this Act, the Secretary of Labor shall review and revise all regulations promulgated before such date to implement the amendments made in this Act to the Labor-Management Reporting and Disclosure Act of 1959. SEC. 7. EFFECTIVE DATE. The amendments made by this Act shall take effect 180 days after the date of the enactment of this Act.

Allows a trusteeship (for authorization control of a union) to be authorized only after a fair hearing either before the executive board or another body provided by the constitution and bylaws of the labor organization. Allows a temporary trusteeship to be established where such immediate action is necessary. Requires a labor organization to show by clear and convincing proof that the continuation of the trusteeship is necessary for an allowable purpose in order to prevent it, 18 months after authorization, from being presumed invalid in specified proceedings under the Act and having its discontinuance decreed. Authorizes the court, if the labor organization makes such a successful showing for continuation, to dismiss the complaint or retain jurisdiction of the cause on such conditions and for such period as it deems appropriate. Requires, upon dissolution of a trusteeship, the previously elected officers of the local union to be reinstated or a new election to be held promptly. Directs a court to supervise such an election if it has ordered it after dissolving a trusteeship. Gives all bona fide candidates for office in a labor organization the right to be provided, upon request, with a copy of the membership list. Requires elections at least once every four years, by secret ballot among members in good standing, of officers of intermediate bodies, such as general committees, system boards, joint boards or joint councils who engage in negotiation, administration, or enforcement of collective agreements, or exercise control over the finances or other major functions of local unions. Allows officers of other intermediate bodies to be elected by representatives of such members who have been elected by secret ballot. Prohibits qualifications for office in a labor organization from excluding a majority of the members. Authorizes a court to declare an election void upon a finding that a violation of election procedural requirements under the Act may have substantially understated or overstated the support of one of the candidates for office in a labor organization to the point that the democratic purposes of the election were undermined. (Replaces the current criterion that such violation may have affected the election outcome.)

Democratic Rights for Union Members Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Dolley Madison Commemorative Coin Act''. SEC. 2. COIN SPECIFICATIONS. (a) $1 Silver Coins.--In commemoration of the 150th anniversary of the death of Dolley Madison, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue not more than 500,000 1 dollar coins, which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 3. SOURCES OF BULLION. The Secretary shall obtain silver for minting coins under this Act only from stockpiles established under the Strategic and Critical Materials Stock Piling Act. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the 150th anniversary of the death of Dolley Madison and the life and achievements of the wife of the 4th President of the United States. (2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``1999''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the executive director of Montpelier, the National Trust for Historic Preservation, and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Commencement of Issuance.--The Secretary may issue coins minted under this Act beginning January 1, 1999. (d) Termination of Minting Authority.--No coins may be minted under this Act after December 31, 1999. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in subsection (d) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (d) Surcharges.--All sales shall include a surcharge of $10 per coin. SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS. (a) In General.--Except as provided in subsection (b), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out the provisions of this Act. (b) Equal Employment Opportunity.--Subsection (a) shall not relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity. SEC. 8. DISTRIBUTION OF SURCHARGES. Subject to section 10(a), all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the National Trust for Historic Preservation in the United States (hereafter in this Act referred to as the ``National Trust'') to be used-- (1) to establish an endowment to be a permanent source of support for Montpelier, the home of James and Dolley Madison and a museum property of the National Trust; and (2) to fund capital restoration projects at Montpelier. SEC. 9. FINANCIAL ASSURANCES. (a) No Net Cost to the Government.--The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this Act will not result in any net cost to the United States Government. (b) Payment for Coins.--A coin shall not be issued under this Act unless the Secretary has received-- (1) full payment for the coin; (2) security satisfactory to the Secretary to indemnify the United States for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution whose deposits are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration Board. SEC. 10. CONDITIONS ON PAYMENT OF SURCHARGES. (a) Payment of Surcharges.--Notwithstanding any other provision of law, no amount derived from the proceeds of any surcharge imposed on the sale of coins issued under this Act shall be paid to the National Trust unless-- (1) all numismatic operation and program costs allocable to the program under which such coins are produced and sold have been recovered; and (2) the National Trust submits an audited financial statement which demonstrates to the satisfaction of the Secretary of the Treasury that, with respect to all projects or purposes for which the proceeds of such surcharge may be used, the National Trust has raised funds from private sources for such projects and purposes in an amount which is equal to or greater than the maximum amount the National Trust may receive from the proceeds of such surcharge. (b) Annual Audits.-- (1) Annual audits of recipients required.--The National Trust shall provide, as a condition for receiving any amount derived from the proceeds of any surcharge imposed on the sale of coins issued under this Act, for an annual audit, in accordance with generally accepted government auditing standards by an independent public accountant selected by the National Trust, of all such payments to the National Trust beginning in the first fiscal year of the National Trust in which any such amount is received and continuing until all such amounts received by the National Trust with respect to such surcharges are fully expended or placed in trust. (2) Minimum requirements for annual audits.--At a minimum, each audit of the National Trust pursuant to paragraph (1) shall report-- (A) the amount of payments received by the National Trust during the fiscal year of the National Trust for which the audit is conducted which are derived from the proceeds of any surcharge imposed on the sale of coins issued under this Act; (B) the amount expended by the National Trust from the proceeds of such surcharges during the fiscal year of the National Trust for which the audit is conducted; and (C) whether all expenditures by the National Trust from the proceeds of such surcharges during the fiscal year of the National Trust for which the audit is conducted were for authorized purposes. (3) Responsibility of National Trust to account for expenditures of surcharges.--The National Trust shall take appropriate steps, as a condition for receiving any payment of any amount derived from the proceeds of any surcharge imposed on the sale of coins issued under this Act, to ensure that the receipt of the payment and the expenditure of the proceeds of such surcharge by the National Trust in each fiscal year of the National Trust can be accounted for separately from all other revenues and expenditures of the National Trust. (4) Submission of audit report.--Not later than 90 days after the end of any fiscal year of the National Trust for which an audit is required under paragraph (1), the National Trust shall-- (A) submit a copy of the report to the Secretary of the Treasury; and (B) make a copy of the report available to the public. (5) Use of surcharges for audits.--The National Trust may use any amount received from payments derived from the proceeds of any surcharge imposed on the sale of coins issued under this Act to pay the cost of an audit required under paragraph (1). (6) Waiver of subsection.--The Secretary of the Treasury may waive the application of any paragraph of this subsection to the National Trust for any fiscal year after taking into account the amount of surcharges which the National Trust received or expended during such year. (7) Availability of books and records.--The National Trust shall provide, as a condition for receiving any payment derived from the proceeds of any surcharge imposed on the sale of coins issued under this Act, to the Inspector General of the Department of the Treasury or the Comptroller General of the United States, upon the request of such Inspector General or the Comptroller General, all books, records, and workpapers belonging to or used by the National Trust, or by any independent public accountant who audited the National Trust in accordance with paragraph (1), which may relate to the receipt or expenditure of any such amount by the National Trust. (c) Use of Agents or Attorneys to Influence Commemorative Coin Legislation.--No portion of any payment to the National Trust from amounts derived from the proceeds of surcharges imposed on the sale of coins issued under this Act may be used, directly or indirectly, by the National Trust to compensate any agent or attorney for services rendered to support or influence in any way legislative action of the Congress relating to the coins minted and issued under this Act. Passed the House of Representatives September 17, 1996. Attest: ROBIN H. CARLE, Clerk.

Dolley Madison Commemorative Coin Act - Directs the Secretary of the Treasury to issue commemorative one-dollar silver coins emblematic of the 150th anniversary of the death of Dolley madison and the life and achievements of the wife of the fourth President of the United States. Requires the Secretary to turn over proceeds from surcharges to the National Trust for Historic Preservation to be used to: (1) establish an endowment as a permanent source for Montpelier (home of James and Dolley Madison) as a museum; and (2) fund capital restoration projects at Montpelier. Cites prerequisites for such distribution, including: (1) submission of an audited financial statement demonstrating to the Secretary's satisfaction that the Trust has raised funds from private sources equal to or greater than the maximum amount it may receive from surcharge proceeds; (2) an annual Trust audit; (3) a directive that the Trust maintain a separate accounting of surcharge proceeds and expenditures; (4) public disclosure of the Trust audit; (5) access to Trust records pertaining to receipts and expenditures; and (6) a proscription against the use of proceeds from surcharges to compensate agents or attorneys to influence commemorative coin legislation.

Dolley Madison Commemorative Coin Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Underground Railroad Network to Freedom Act of 1997''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the Underground Railroad, which flourished from the end of the 18th century to the end of the Civil War, was 1 of the most significant expressions of the American civil rights movement during its evolution over more than 3 centuries; (2) the Underground Railroad bridged the divides of race, religion, sectional differences, and nationality, spanned State lines and international borders, and joined the American ideals of liberty and freedom expressed in the Declaration of Independence and the Constitution to the extraordinary actions of ordinary men and women working in common purpose to free a people; (3) pursuant to title VI of Public Law 101-628 (16 U.S.C. 1a-5 note; 104 Stat. 4495), the Underground Railroad Advisory Committee conducted a study of the appropriate means of establishing an enduring national commemorative Underground Railroad program of education, example, reflection, and reconciliation; (4) the Underground Railroad Advisory Committee found that-- (A) although a few elements of the Underground Railroad story are represented in existing National Park Service units and other sites, many sites are in imminent danger of being lost or destroyed, and many important resource types are not adequately represented and protected; (B) there are many important sites that have high potential for preservation and visitor use in 29 States, the District of Columbia, and the Virgin Islands; (C) no single site or route completely reflects and characterizes the Underground Railroad, since the Underground Railroad's story and associated resources involve networks and regions of the country rather than individual sites and trails; and (D) establishment of a variety of partnerships between the Federal Government and other levels of government and the private sector would be most appropriate for the protection and interpretation of the Underground Railroad; (5) the National Park Service can play a vital role in facilitating the national commemoration of the Underground Railroad; and (6) the story and significance of the Underground Railroad can best engage the American people through a national program of the National Park Service that links historic buildings, structures, and sites, routes, geographic areas, and corridors, interpretive centers, museums, and institutions, and programs, activities, community projects, exhibits, and multimedia materials, in a manner that is both unified and flexible. (b) Purposes.--The purposes of this Act are-- (1) to recognize the importance of-- (A) the Underground Railroad; (B) the sacrifices made by slaves who used the Underground Railroad in search of freedom from tyranny and oppression; and (C) the sacrifices made by the people who helped those slaves; and (2) to authorize the National Park Service to coordinate and facilitate-- (A) Federal and non-Federal activities to commemorate, honor, and interpret the history of the Underground Railroad; (B) the Underground Railroad's significance as a crucial element in the evolution of the national civil rights movement; and (C) the Underground Railroad's relevance in fostering a spirit of racial harmony and national reconciliation. SEC. 3. NATIONAL UNDERGROUND RAILROAD NETWORK TO FREEDOM PROGRAM. (a) In General.--The Secretary of the Interior (referred to in this Act as the ``Secretary'') shall establish in the National Park Service a program to be known as the ``National Underground Railroad Network to Freedom'' (referred to in this Act as the ``National Network''). Under the program, the Secretary shall-- (1) produce and disseminate appropriate educational materials, such as handbooks, maps, interpretive guides, or electronic information; (2) enter into appropriate cooperative agreements and memoranda of understanding to provide technical assistance under subsection (c); and (3) create and adopt an official and uniform symbol or device for the National Network and issue regulations for use of the symbol or device. (b) Elements.--The National Network shall include-- (1) any unit or program of the National Park Service determined by the Secretary to pertain to the Underground Railroad; (2) any other Federal, State, local, or privately owned property pertaining to the Underground Railroad that has a verifiable connection to the Underground Railroad and that is included on, or determined by the Secretary to be eligible for inclusion on, the National Register of Historic Places; (3) any other governmental or nongovernmental facility or program of an educational, research, or interpretive nature that is directly related to the Underground Railroad. (c) Cooperative Agreements and Memoranda of Understanding.--To achieve the purposes of this Act and to ensure effective coordination of the Federal and non-Federal elements of the National Network referred to in subsection (b) with National Park Service units and programs, the Secretary may enter into a cooperative agreement or memorandum of understanding with, and provide technical assistance to-- (1) the head of another Federal agency, a State, a locality, a regional governmental body, or a private entity; or (2) in cooperation with the Secretary of State, the Government of Canada, Mexico, or any appropriate country in the Caribbean. (d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this Act-- (1) $500,000 for fiscal year 1998; and (2) $1,000,000 for each fiscal year thereafter.

National Underground Railroad Network to Freedom Act of 1997 - Requires the Secretary of the Interior to establish in the National Park Service (NPS) a program to be known as the National Underground Railroad Network to Freedom under which the Secretary shall: (1) produce and disseminate educational materials about the Railroad; (2) provide technical assistance to other government agencies, private entities, or the Governments of Canada, Mexico, or any appropriate Caribbean country to ensure coordination of Federal and non-Federal elements of the Network; and (3) regulate use of an official symbol for the Network. Includes within the Network: (1) NPS units or programs pertaining to the Underground Railroad; (2) Federal, State, local, or privately-owned properties pertaining to the Railroad that have a verifiable connection to it and that are included or eligible for inclusion on the National Register of Historic Places; and (3) governmental or nongovernmental facilities or programs of educational, research, or interpretive natures that are directly related to such Railroad. Authorizes appropriations.

National Underground Railroad Network to Freedom Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Wasatch Wilderness and Watershed Protection Act of 2010''. SEC. 2. DESIGNATION OF WILDERNESS, UINTA-WASATCH-CACHE NATIONAL FORESTS, UTAH. (a) Designation.--In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), the following Federal lands within the Uinta-Wasatch-Cache National Forests in Salt Lake County, Utah, are designated as wilderness and as either a new component of the National Wilderness Preservation System or as an addition to an existing component of the National Wilderness Preservation System: (1) Certain lands in the vicinity of the Lone Peak Wilderness comprising approximately 4,627 acres, as generally depicted on the map titled ``Wasatch Mountains Wilderness and Watershed Protection'' and dated January 29, 2010 (in this subsection referred to as the ``map''), which shall be added to and administered as part of the Lone Peak Wilderness designated by section 2(I) of Public Law 95-237 (92 Stat. 42). (2) Certain lands in the vicinity of the Mount Olympus Wilderness comprising approximately 813 acres, as generally depicted on the map, which shall be added to and administered as part of the Mount Olympus Wilderness designated by section 102(a)(3) of Public Law 98-428 (98 Stat. 1658). (3) Certain lands comprising approximately 2,342 acres, as generally depicted on the map, which shall be known as the ``Bear Trap Wilderness''. (4) Certain lands comprising approximately 7,759 acres, as generally depicted on the map, which shall be known as the ``Wayne Owens Grandeur Peak/Mount Aire Wilderness''. (b) Map and Description.-- (1) Filing and availability.--As soon as practicable after the date of the enactment of this Act, the Secretary of Agriculture, acting through the Chief of the Forest Service, shall file with the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a map and legal description of each wilderness area designated or expanded by paragraphs (1) through (4) of subsection (a). The maps and legal descriptions shall be on file and available for public inspection in the office of the Chief of the Forest Service. (2) Force of law.--The maps and legal descriptions filed under paragraph (1) and (2) shall have the same force and effect as if included in this Act, except that the Secretary of Agriculture may correct clerical and typographical errors in the maps and legal descriptions. SEC. 3. HELISKIING SPECIAL MANAGEMENT AREA, UINTA-WASATCH-CACHE NATIONAL FORESTS, UTAH. (a) Designation.--Certain Federal lands contiguous to the existing Mount Olympus, Twin Peaks, and Lone Peak Wilderness Areas, and the Wayne Owens Grandeur Peak/Mount Aire Wilderness Area enacted by this legislation in the Uinta-Wasatch-Cache National Forest comprising approximately 10,479 acres, as generally depicted on a map titled ``Wasatch Mountains Wilderness and Watershed Protection'' and dated January 29, 2010, are hereby designated as the ``Heliskiing Special Management Area''. (b) Maps and Descriptions.-- (1) Filing and availability.--As soon as practicable after the date of the enactment of this Act, the Secretary of Agriculture, acting through the Chief of the Forest Service, shall file with the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a map and legal description of the Heliskiing Special Management Area. The map and legal description shall be on file and available for public inspection in the office of the Chief of the Forest Service. (2) Force of law.--The maps and legal descriptions filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary of Agriculture may correct typographical errors in the maps and legal descriptions. (c) Management.-- (1) In general.--The Secretary of Agriculture shall manage activities within the Heliskiing Special Management Area to maintain the area's presently existing wilderness character and potential for inclusion in the National Wilderness Preservation System. (2) Prohibitions.-- (A) Permanent roads.--Permanent roads may not be established in the Heliskiing Special Management Area. (B) Temporary roads and vehicles.--Except as necessary to meet the minimum requirements for the administration of the Heliskiing Special Management Area and to protect public health and safety-- (i) the use of motorized or mechanized vehicles, except as described in paragraph (3), is prohibited in the Heliskiing Special Management Area; and (ii) the establishment of temporary roads is prohibited in the Heliskiing Special Management Area. (3) Allowable activities.--The Secretary of Agriculture may allow Heliskiing, that have been authorized on the Federal lands included within the Heliskiing Special Management Area as of the date of the enactment of this Act to continue within the area designated as the Heliskiing Special Management Area. The designation of the Heliskiing Special Management Area shall not impact future permit processes relating to such activities. (4) Applicable law.--Any uses of the Federal lands included within the Heliskiing Special Management Area, including activities described in paragraph (3), shall be carried out in accordance with applicable law. (d) Eventual Designation as Wasatch Mountain Wilderness.-- (1) Designation for wilderness.--The Federal lands included within the Heliskiing Special Management Area shall be designated as wilderness and as a new component of the National Wilderness Preservation System on the date on which the Secretary of Agriculture publishes in the Federal Register notice that all commercial helicopter-assisted skiing or snowboarding activities on the lands has been terminated. (2) Renaming.--Upon its designation as wilderness under paragraph (1), the Heliskiing Special Management Area shall be known and redesignated as the ``Wasatch Mountain Wilderness''. SEC. 4. ADMINISTRATIVE PROVISIONS. (a) Covered Land Defined.--In this section, the term ``covered land'' means-- (1) the wilderness areas designated or expanded by sections 2 and 3; and (2) the Heliskiing Special Management Area designated by section 3. (b) Administration Generally.--Subject to valid rights in existence on the date of the enactment of this Act, land designated as wilderness by section 2 or 3 shall be administered by the Secretary of Agriculture in accordance with-- (1) the Wilderness Act (16 U.S.C. 1131 et seq.); and (2) this Act. (c) Treatment of Effective Date of Wilderness Act.-- (1) In general.--With respect to land designated as wilderness by section 2, any reference in the Wilderness Act (16 U.S.C. 1131 et seq.) to the effective date of the Wilderness Act shall be deemed to be a reference to the date of the enactment of this Act. (2) Wasatch mountain wilderness.--With respect to the Wasatch Mountain Wilderness designated by section 3, any reference in the Wilderness Act to the effective date of the Wilderness Act shall be deemed to be a reference to the date of the Federal Register notice referred to in section 3(d)(1). (d) Fish and Wildlife.--Nothing in this Act shall affect the jurisdiction or responsibility of the State of Utah with respect to wildlife and fish. (e) No Buffer Zones.-- (1) In general.--Nothing in this Act shall create a protective perimeter or buffer zone around covered land. (2) Activities outside wilderness.--The fact that a nonwilderness activity or use can be seen or heard from within covered land shall not preclude the conduct of the activity or use outside the boundary of the covered land. (f) Withdrawal.--Subject to valid rights in existence on the date of the enactment of this Act, covered land is withdrawn from all forms of-- (1) entry, appropriation, or disposal under public land laws; (2) location, entry, and patent under mining laws; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (g) Acquired Land.--Any land or interest in land located inside the boundaries of covered land that is acquired by the United States after the date of the enactment of this Act shall become part of the relevant wilderness or special management area and shall be managed in accordance with this Act and other applicable law. SEC. 5. LAND EXCHANGE, UINTA-WASATCH-CACHE NATIONAL FOREST. (a) Description of Land Exchange.--The Secretary of Agriculture shall expedite a land exchange between Snowbird Corp and the Secretary involving land owned by Snowbird Corp in the Flagstaff White Pine and Red Pine areas of Little and Big Cottonwood Canyons of the Uinta- Wasatch-Cache National Forest and National Forest System land located in the American Fork Twins. It is the intent of Congress that the land exchange be completed not later than one year after the date of the enactment of this Act. It is the intent of Congress that the Secretary, acting through the Chief of the Forest Service and the Uinta-Wasatch- Cache National Forest, and in accordance with applicable law, expeditiously facilitates the land exchange process contemplated in the subsection (a) and Snowbird's associated expansion process to ensure the continued outdoor recreational opportunities for the public. (b) Management of Acquired Land.--The land acquired by the Secretary of Agriculture in the land exchange described in subsection (a) shall be included in the Uinta-Wasatch-Cache National Forest and managed by the Secretary so as to maintain the land's existing wilderness character and potential for inclusion in the National Wilderness Preservation System. The Red Pine/White Pine Area land acquired by the Secretary of Agriculture in the land exchange described in subsection (a) shall be included in the Uinta-Wasatch National Forest and managed by the Secretary so as to maintain the land's existing wilderness character and for inclusion in the National Wilderness Preservation System. (c) Private Property.--The Lands acquired by Snowbird Corp in the land exchange described in subsection (a) shall become Snowbird's private property. These lands are adjacent to other areas currently used by Snowbird for ski resort operations, either owned or managed under a special use permit issued by the Uinta-Wasatch-Cache National Forest. It is anticipated that Snowbird will expand its ski resort operations into these acquired lands, to include chairlifts, tramway facilities, or both. (d) Prohibitions.--The following are prohibited on the land acquired by the Secretary of Agriculture in the land exchange described in subsection (a): (1) Permanent roads. (2) Except as necessary to meet the minimum requirements for the administration of the land and to protect public health and safety-- (A) the use of motorized or mechanized vehicles, except as described in subsection (e); and (B) the establishment of temporary roads. (3) Ski resort expansion including chairlift construction and operation. (e) Avalanche Control Devices.--The Secretary of Agriculture may allow GAZEX, or similar avalanche control devices within the acquired Flagstaff Area land, to facilitate avalanche control to be installed and maintained on the land acquired by the Secretary of Agriculture in the land exchange described in subsection (a) for the sole purpose of protecting public health and property. (f) Withdrawal.--Subject to valid existing rights, the land acquired by the Secretary of Agriculture in the land exchange described in subsection (a) 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 energy leasing. SEC. 6. WATERSHED MANAGEMENT. Subject to such reasonable regulations as are considered by the Secretary of Agriculture, nothing in this Act shall be construed to limit motorized access, road maintenance, and ``necessary vegetation management'' by the ``Forest Service and local government entities with watershed management responsibilities'' on the land designated as wilderness by section 2 or 3 and the Heliskiing Special Management Area designated by section 3 for those minimum maintenance activities that may be necessary-- (1) to guarantee the continued viability of watershed facilities currently in existence on the date of enactment of this Act; (2) in the future to prevent the degradation of the water supply on such lands or special management area; (3) to guarantee the continued viability of watershed facilities and existing water infrastructure, especially the continued maintenance of White Pine Reservoir; or (4) in the future to conduct vegetation management activities to prevent degradation of the water supply mainly due to widespread fire, disease, and insect infestations.

Wasatch Wilderness and Watershed Protection Act of 2010 - Designates specified federal lands in the vicinity of the Lone Peak Wilderness and the Mount Olympus Wilderness, and specified federal lands comprising the Bear Trap Wilderness and the Wayne Owens Grandeur Peaks/ Mount Aire Wilderness within the Uinta-Wasatch-Cache National Forests in Salt Lake County, Utah, as wilderness and as either a new component or as an addition to an existing component of the National Wilderness Preservation System. Designates specified federal lands contiguous to the existing Mount Olympus, Twin Peaks, and Lone Peak Wilderness Areas and the Wayne Owens Grandeur Peak/Mount Aire Wilderness Area enacted by this Act as the Heliskiing Special Management Area. Requires activities within the Special Management Area to be managed to maintain its presently existing wilderness character and potential for inclusion in the System. Authorizes the Secretary of Agriculture (USDA) to allow heliskiing activities that have been authorized on the federal lands included within the Special Management Area to continue. Designates the federal lands included within the Special Management Area as wilderness and as a new component of the System when the Secretary publishes a notice in the Federal Register that all commercial helicopter-assisted skiing and snowboarding activities on such lands have been terminated. Renames the Special Management Area upon designation as the Wasatch Mountain Wilderness. Requires the Secretary to expedite a land exchange concerning certain lands in the Uinta-Wasatch-Cache National Forest. Requires the land acquired by the Secretary to be included in the National Forest and to be managed to maintain its existing wilderness character for potential inclusion in the System.

To designate certain lands in the Wasatch Mountains of Salt Lake County, Utah, as wilderness, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ending Federal Marijuana Prohibition Act of 2017''. SEC. 2. APPLICATION OF THE CONTROLLED SUBSTANCES ACT TO MARIHUANA. (a) In General.--Part A of the Controlled Substances Act (21 U.S.C. 801 et seq.) is amended by adding at the end the following: ``SEC. 103. APPLICATION OF THIS ACT TO MARIHUANA. ``(a) Prohibition on Certain Shipping or Transportation.--This Act shall not apply to marihuana, except that it shall be unlawful only to ship or transport, in any manner or by any means whatsoever, marihuana, from one State, territory, or district of the United States, or place noncontiguous to but subject to the jurisdiction thereof, into any other State, territory, or district of the United States, or place noncontiguous to but subject to the jurisdiction thereof, or from any foreign country into any State, territory, or district of the United States, or place noncontiguous to but subject to the jurisdiction thereof, when such marihuana is intended, by any person interested therein, to be received, possessed, sold, or in any manner used, either in the original package or otherwise, in violation of any law of such State, territory, or district of the United States, or place noncontiguous to but subject to the jurisdiction thereof. ``(b) Penalty.--Whoever knowingly violates subsection (a) shall be fined under title 18, United States Code, imprisoned not more than 1 year, or both.''. (b) Table of Contents.--The table of contents for the Comprehensive Drug Abuse Prevention and Control Act of 1970 (Public Law 91-513; 84 Stat. 1236) is amended by striking the item relating to section 103 and inserting the following: ``Sec. 103. Application of this Act to marihuana.''. SEC. 3. DEREGULATION OF MARIHUANA. (a) Removed From Schedule of Controlled Substances.--Subsection (c) of Schedule I of section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)) is amended-- (1) by striking ``marihuana''; and (2) by striking ``tetrahydrocannabinols''. (b) Removal of Prohibition on Import and Export.--Section 1010(b) of the Controlled Substances Import and Export Act (21 U.S.C. 960) is amended-- (1) in paragraph (1)-- (A) in subparagraph (F), by inserting ``or'' after the semicolon; (B) by striking subparagraph (G); and (C) by redesignating subparagraph (H) as subparagraph (G); (2) in paragraph (2)-- (A) in subparagraph (F), by inserting ``or'' after the semicolon; (B) by striking subparagraph (G); and (C) by redesignating subparagraph (H) as subparagraph (G); (3) in paragraph (3), by striking ``paragraphs (1), (2), and (4)'' and inserting ``paragraphs (1) and (2)''; (4) by striking paragraph (4); and (5) by redesignating paragraphs (5), (6), and (7) as paragraphs (4), (5), and (6), respectively. SEC. 4. CONFORMING AMENDMENTS TO CONTROLLED SUBSTANCES ACT. The Controlled Substances Act (21 U.S.C. 801 et seq.) is amended-- (1) in section 102(44) (21 U.S.C. 802(44)), by striking ``marihuana,''; (2) in section 401(b) (21 U.S.C. 841(b))-- (A) in paragraph (1)-- (i) in subparagraph (A)-- (I) in clause (vi), by inserting ``or'' after the semicolon; (II) by striking (vii); and (III) by redesignating clause (viii) as clause (vii); (ii) in subparagraph (B)-- (I) by striking clause (vii); and (II) by redesignating clause (viii) as clause (vii); (iii) in subparagraph (C), by striking ``subparagraphs (A), (B), and (D)'' and inserting ``subparagraphs (A) and (B)''; (iv) by striking subparagraph (D); (v) by redesignating subparagraph (E) as subparagraph (D); and (vi) in subparagraph (D)(i), as redesignated, by striking ``subparagraphs (C) and (D)'' and inserting ``subparagraph (C)''; (B) by striking paragraph (4); and (C) by redesignating paragraphs (5), (6), and (7) as paragraphs (4), (5), and (6), respectively; (3) in section 402(c)(2)(B) (21 U.S.C. 842(c)(2)(B)), by striking ``, marihuana,''; (4) in section 403(d)(1) (21 U.S.C. 843(d)(1)), by striking ``, marihuana,''; (5) in section 418(a) (21 U.S.C. 859(a)), by striking the last sentence; (6) in section 419(a) (21 U.S.C. 860(a)), by striking the last sentence; (7) in section 422(d) (21 U.S.C. 863(d))-- (A) in the matter preceding paragraph (1), by striking ``marijuana,''; and (B) in paragraph (5), by striking ``, such as a marihuana cigarette,''; and (8) in section 516(d) (21 U.S.C. 886(d)), by striking ``section 401(b)(6)'' each place the term appears and inserting ``section 401(b)(5)''.

Ending Federal Marijuana Prohibition Act of 2017 This bill amends the Controlled Substances Act to provide that the Act's regulatory controls and administrative, civil, and criminal penalties do not apply to with respect to marijuana. It removes marijuana and tetrahydrocannabinols from schedule I. (A schedule I controlled substance is a drug, substance, or chemical that: has a high potential for abuse; has no currently accepted medical value; and is subject to regulatory controls and administrative, civil, and criminal penalties under the Controlled Substances Act.) Additionally, it eliminates criminal penalties for an individual who imports, exports, manufactures, distributes, or possesses with intent to distribute marijuana. The bill does, however, make it a crime to knowingly ship or transport marijuana into a state where its receipt, possession, or sale is prohibited. A violator is subject to criminal penalties—a fine, a prison term of up to one year, or both.

Ending Federal Marijuana Prohibition Act of 2017